SCOTT COUNTY ECONOMIC DEVELOPMENT AUTHORITY
INVITATION TO BID
The Scott County Economic Development Authority is soliciting bids for the development of the
Devils Bathtub Trailhead.
The project shall include the following Scope of Work:
Trailhead Parking Area Description and Scope of Work:
? Trailhead Parking Area is located at 36°49'06.6"N 82°37'35.9"W and is
approximately 100’ x 100’.
? Remove 7 tree stumps by cutting flush to existing ground level. Stumps
are approx. 4 feet tall or less.
? Minor regrading as needed
? Fill low areas with #1 stone
? Add 2” layer of crusher run to entire parking area
Trailhead Access Road Description and Scope of Work:
? Note: Trailhead stairs will serve as reference mark 0’. Approximate
distances noted below are measured east of the stairs.
? Clean out drainage ditch to promote sufficient water flow to existing
culverts. Total length of drainage ditch is approximately 475 linear feet.
Drainage ditch begins at 178’ mark and ends at a culvert at 640’ mark.
? Clean out existing culvert sumps.
? Regrade rutted section of access road above and below culvert at 640’
mark. Re-compact material. Reapply stone (VDOT #57 aggregate and
crusher run) as appropriate. Total length is approximately 80 linear feet.
The Devils Bathtub Trailhead serves as the access point for the Devils Fork Trail #210 located
on the George Washington and Jefferson National Forest in Scott County, Virginia. The site is
located West of High Knob Road by SR 619, Northwest of Ft. Blackmore. The trailhead parking
area and access road to be improved are located entirely on National Forest Land within the
existing footprint of the presently impacted parking area.
This Invitation to Bid represents the requirements for an open and competitive process. The
Scott County Economic Development Authority reserves the right to reject any or all bids
submitted on this invitation.
A non-mandatory pre-bid meeting will be held at 9:30am on Thursday, September 14, 2023, in
the Board Room of the Scott County Administrative Offices located at 190 Beech Street, Suite
202, in Gate City, VA 24251. There will be a site visit following the pre-bid meeting.
Bidders must hold a Virginia Class A or Class B (as appropriate for amount of your bid)
Contractor’s license. Submit bids on attached form. Bids will be accepted until 2:00pm,
Monday, October 2, 2023. Please submit bids in a sealed envelope labeled “Devils Bathtub
Trailhead” to the attention of John Kilgore, Executive Director, Scott County Economic
Development Authority, 190 Beech Street, Suite 202, Gate City, VA 24251.
Any bids received after this date and time will not be considered. All bids must be signed by an
official agent or representative of the company submitting the bid.
If the organization submitting a bid must outsource or contract any work to meet the
requirements contained herein, this must be clearly stated in the bid, and must include a name
and description of the organizations being contracted.
Contract terms and conditions, including payment schedule, will be negotiated upon selection of
the winning bidder. All contractual terms and conditions will be subject to review by the Scott
County Attorney and will include scope, budget, schedule, and other necessary items pertaining
to the project.
A copy of the project plans will be shared by request. Questions regarding the Invitation to Bid
should be directed to John Kilgore, Executive Director, Scott County Economic Development
Authority at 276-386-2525 or email .
GENERAL TERMS & CONDITIONS:
Informalities: Scott County reserves the right to reject all bids and to waive informalities.
Contractor’s Authorization to Transact Business: Please see the attached form titled “Proof of
Authority to Transact Business in Virginia.”
Employment Discrimination: (Code of Virginia § 2.2-4311) This provision only applies to
contracts valued in excess of $10,000.
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 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 meeting the requirements of this section.
2. The contractor will include the provisions of the foregoing paragraphs a, b and c in every
subcontract or purchase order of over $10,000, so that the provisions will be binding upon each
subcontractor or vendor.
Drug-Free Workplace: (Code of Virginia § 2.2-4312) This provision only applies to contracts
valued in excess of $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
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 in accordance with this
chapter, 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.
Faith-Based Organizations: (Code of Virginia § 2.2-4343.1) Scott County does not discriminate
against faith-based organizations.
Illegal Aliens: (Code of Virginia § 2.2-4311.1) The Contractor agrees that he or she does not,
and shall not during the performance of this contract, knowingly employ an unauthorized alien as
defined in the federal Immigration Reform and Control Act of 1986.
Indemnification: The Contractor shall hold harmless and indemnify Scott County and its
officers, officials, employees and agents against any and all injury, loss or damage arising out of
the Contractor’s negligent or intentionally wrongful acts or omissions. The County will not
agree to indemnify the offeror or bidder.
Proprietary Information: § 2.2-4342(F) of the Code of Virginia states: “Trade secrets or
proprietary information submitted by a bidder, offeror, or contractor in connection with a
procurement transaction or prequalification application submitted pursuant to subsection B of §
2.2-4317 of the Code of Virginia (1950), as amended, shall not be subject to the Virginia
Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia (1950), as amended);
however, the bidder, offeror, or contractor shall (i) invoke the protections of this section prior to
or upon submission of the data or other materials, (ii) identify the data or other materials to be
protected, and (iii) state the reasons why protection is necessary.” If the exemption from
disclosure provided by § 2.2-4342(F) of the Code of Virginia is not properly invoked, then the
proposals will be subject to disclosure pursuant to applicable law.
Subcontractor Payment Clauses: (Code of Virginia § 2.2-4354) The Contractor on a
construction contract, in the event that the Contractor has not received payment from the local
government for work performed by a subcontractor under such contract, shall be liable for the
entire amount owed to such subcontractor and to pay such subcontractor within 60 days of the
receipt of an invoice following satisfactory completion of the work for which the subcontractor
has invoiced. Such contractor shall not be liable for amounts otherwise reducible due to the
subcontractor’s noncompliance with the terms of the contract. However, in the event that the
contractor withholds all or a part of the amount invoiced by the subcontractor under the terms of
the contract, the contractor shall notify the subcontractor within 50 days of the receipt of such
invoice, in writing, of his intention to withhold all or a part of the subcontractor’s payment with
the reason for nonpayment, specifically identifying the contractual noncompliance, the dollar
amount being withheld, and the lower-tier subcontractor responsible for the contractual
noncompliance. Payment by the party contracting with the contractor shall not be a condition
precedent to payment to any lower-tier subcontractor, regardless of that contractor’s receiving
payment for amounts owed to that contractor. Any provision in a construction contract contrary
to this section shall be unenforceable. Nothing in this section shall be construed to (i) apply to or
prohibit the inclusion of any retainage provisions in a construction contract or (ii) apply to
contracts awarded solely for professional services as that term is defined in § 2.2-4301 of the
Code of Virginia (1950), as amended, where the public body is contracting directly with an
architectural and engineering firm.
The Contractor shall take one of the two following actions within seven days after receipt of
amounts paid to the contractor by the local government for work performed by the subcontractor
under that contract:
a. Pay the subcontractor for the proportionate share of the total payment received from the
agency attributable to the work performed by the subcontractor under that contract; or
b. Notify the agency of local government and subcontractor, in writing, of his intention to
withhold all or a part of the subcontractor’s payment with the reason for nonpayment.
The Contractor shall require:
a. Individual contractors to provide their social security numbers; and
b. Proprietorships, partnerships, and corporations to provide their federal employer identification
The Contractor shall pay interest to the subcontractor on all amounts owed by the contractor that
remain unpaid after seven days following receipt by the contractor of payment from the agency
of local government for work performed by the subcontractor under that contract, except for
amounts withheld as allowed above.
Unless otherwise provided under the terms of this contract, interest shall accrue at the rate of one
percent per month.
The Contractor shall include in each of its subcontracts a provision requiring each subcontractor
to include or otherwise be subject to the same payment and interest requirements with respect to
each lower-tier subcontractor.
The Contractor’s obligation to pay an interest charge to a subcontractor pursuant to the payment
clause in this section shall not be construed to be an obligation of the agency of local
government. A contract modification shall not be made for the purpose of providing
reimbursement for the interest charge. A cost reimbursement claim shall not include any amount
for reimbursement for the interest charge.
All Project Invitation for Bid packages must include the VIRGINIA ENERGY supplied
Applicant Violator System (AVS) form (OMB #1029-0119) (Attached). All bidders must
submit the completed form with the required Project bid documents. Any subcontractors, which
will earn more than 10 percent of the AMLER portion of the project, shall submit the Applicant
Violator System (AVS) form documentation prior to the award of the bid(s) to the prime
contractor. All engineering contractors to be selected for the project design awards shall also
submit the Applicant Violator System (AVS) form. Prior to the award of any such contract(s),
the form(s) will be submitted to VIRGINIA ENERGY for the required AVS check to confirm
bidder eligibility by the use of the Applicant Violator System. The AMLER Terms &
Conditions (Attached) must also be followed and acknowledged.
PROOF OF AUTHORITY TO TRANSACT BUSINESS IN VIRGINIA
THIS FORM MUST BE SUBMITTED WITH YOUR PROPOSAL/BID. FAILURE TO
INCLUDE THIS FORM MAY RESULT IN REJECTION OF YOUR PROPOSAL/BID
The attention of each offeror or bidder is directed to § 2.2-4311.2 of the Code of Virginia, which requires
an offeror or bidder organized or authorized to transact business in the Commonwealth of Virginia pursuant
to Title 13.1 or Title 50 of the Code of Virginia, as amended, or as otherwise required by law, to include in
its proposal or bid the Identification Number issued to such offeror or bidder by the Virginia State
Corporation Commission (SCC). Furthermore, any offeror or bidder that is not required to be authorized
to transact business in the Commonwealth as a foreign business entity under Title 13.1 or Title 50 of the
Code of Virginia, as amended, or as otherwise required by law, shall include in its proposal or bid a
statement describing why the offeror or bidder is not required to be so authorized. Failure to provide the
required information may result in the rejection of the proposal or bid. If the proposal or bid is accepted by
the County, the undersigned agrees that the requirements of the Code of Virginia § 2.2-4311.2 have been
met. Please complete the following by checking the appropriate line that applies and providing the
requested information. PLEASE NOTE: The SCC number is NOT your federal ID number or
business license number.
A.______ Offeror/Bidder is a Virginia business entity organized and authorized to transact business in
Virginia by the SCC and such offeror’s/bidder’s Identification Number issued to it by the SCC is
B.______ Offeror/Bidder is an out-of-state (foreign) business entity that is authorized to transact business
in Virginia by the SCC and such offeror’s/bidder’s Identification Number issued to it by the SCC is
C.______ Offeror/Bidder does not have an Identification Number issued to it by the SCC and such
offeror/bidder is not required to be authorized to transact business in Virginia by the SCC for the following
Please attach additional sheets if you need more space to explain why such Offeror/Bidder is not required
to be authorized to transact business in Virginia.
Legal Name of Company (as listed on W-9): _________________________________________
By: ___________________________ Title: ___________________________________
(typed or printed)
Date: __________________ Authorized Signature: ________________________________
PLEASE RETURN THIS PAGE WITH PROPOSAL OR BID – REQUIRED
Scott County Economic Development Authority
190 Beech Street, Suite 202
Gate City, VA 24251
RETURN THIS ACKNOWLEDGEMENT OF THE ATTACHED AML PILOT TERMS
& CONDITIONS FORM WITH BID (REQUIRED).
Company Name: _______________________________________________________
BID FORM – (DEVILS BATHTUB TRAILHEAD)
RETURN BID FORM WITH BID ALONG WITH THE PROOF OF AUTHORITY TO
TRANSACT BUSINESS IN VIRGINIA FORM, THE ATTACHED OMB#1029-0119
FORM AND ACKNOWLEDGEMENT OF THE AML PILOT TERMS & CONDITOINS
Bid Price: __________________________________
Additional Fees: __________________________________
Total Bid Price: __________________________________
Estimated Time Frame
to Complete: ________________________________
Company Name: __________________________________
Scott County Economic Development Authority
190 Beech Street, Suite 202
Gate City, VA 24251
LOCATION MAP OF PROJECT
Revised 03-15-2023 1
Abandoned Mine Land Economic Revitalization (AMLER, formerly AML Pilot)
Terms and Conditions
Note: Federal guidelines within the Code of Federal Regulations (CFR) override the state guidelines. State
guidelines cannot allow something that the Federal guidelines do not; otherwise, follow state guidelines. The
Virginia Department of Energy will be referred to as Virginia Energy throughout this document.
I. General Guidelines
1. Act in good faith to conduct the project in a manner that maintains high ethical standards.
2. Provide a projected timeline for project development and construction. Proceed with the project in a reasonable
and timely manner.
3. Submit to the Virginia Energy an itemized and categorized budget. Virginia Energy will use the budget for
Application for Payment (AFP) requests through the Virginia Energy eForms system.
4. Attend mandatory Virginia Energy eForms training and adhere to AFP requirements through the Virginia Energy
5. Subrecipients will submit AFP requests in a timely manner within the quarter in which the reimbursable
expenses were incurred. Subrecipients will submit invoices (e.g. from contractors) to Virginia Energy as part of
their AFP requests. Unless revisions are requested, Virginia Energy will remit payment for allowable expenses to
the Subrecipient within 30 days of the final approval date for the AFP. Subrecipients will be required to remit
payment to contractors, vendors, etc. within seven calendar days of receiving payment from Virginia Energy.
6. All contracts over the small purchase threshold ($100,000) must include administrative, contractual, or legal
remedies for contractors who violate contract terms, and provide appropriate sanctions and penalties.
7. Virginia Energy will withhold 5% retainage on all invoices except for project development expenditures.
8. Project applications received in FY20 and beyond should ensure that AMLER soft cost expenditures do not
exceed 10% of the total AMLER funding request. Soft costs include project management, project development
costs such as professional services for engineering, architectural design, NEPA environmental studies, and
permits as well as inspections and other services during construction. Requests in excess of 10% may be
considered only if sufficient justification is provided including a detailed cost analysis of what the funds would
be expended for.
9. Ensure compliance with applicable laws, regulations, ordinances and codes and obtain all required permits.
10. Provide documentation of compliance with the Virginia Public Procurement Act (VPPA) in obtaining goods or
services. Virginia Energy requires that all AMLER projects follow the appropriate competitive process outlined
in the VPPA to procure equipment and any construction or professional services regardless of monetary
11. All contracts over $10,000 must include provisions that allow you to terminate the contract for cause or for
convenience. They must include notice of your termination procedures.
12. Coordinate with Virginia Energy’s procurement officer for guidance in following the Virginia Public Procurement
Act (VPPA) and appropriate inclusion of small, women and minority owned businesses (SWaM) in the
13. Maintain compliance with the National Environmental Policy Act (NEPA) and Endangered Species Act (ESA).
The federal Office of Surface Mining, Reclamation and Enforcement (OSMRE) requires, at minimum, that an
Environmental Assessment (EA) be prepared for each AMLER project. Categorical exclusions (CE’s) will NOT be
accepted. Agencies to be consulted include DCR, DEQ, DHR, NRCS, USACE, USFWS, DWR, VMRC, and Tribes.
Virginia Energy staff should be copied on agency consultation letters and responses. Consultations must
include the entire project area and the scope of work. AMLER funds cannot be expended outside of the
14. Any construction activities and purchases of property or equipment cannot be initiated until the project plans
are accepted by Virginia Energy and a NEPA document is reviewed by Virginia Energy and approved by OSMRE.
Revised 03-15-2023 2
Approval by other entities may also be required as necessitated by individual project needs. Following such
approvals, a contract will be executed between Virginia Energy and the Subrecipient for the project.
15. OSMRE must vet each project and applicant following selection by Virginia Energy’s Advisory Committee.
Significant changes from the OSMRE-vetted project proposal that affect project outcomes will require an
explanatory addendum and will be submitted to OSMRE for review and possibly further vetting.
16. Virginia Energy reserves the right to maintain in its possession, use, or distribute at its sole discretion, any
documents, plans, or other intellectual property produced in conjunction with AMLER funds for the purpose of
successfully executing this or other projects. Furthermore, subrecipients must abide by CFR Title 37 Chapter IV
Part 401 in reference to copyrights and rights in data, patent rights for any discovery or invention which arises
or is developed under the grant.
17. Virginia Energy reserves the right to request additional information or impose additional conditions in the
18. Misuse of projects funds may result in repayment.
19. AMLER funds cannot be used to reimburse travel expenses without prior permission.
20. AMLER funds cannot be expended for nutrient credits.
21. Subrecipients and their project partners must plan accordingly for the project to commence as soon as possible
following vetting approval and proceed with project development and construction in a timely manner until
complete. Virginia Energy will coordinate with Subrecipients to establish a reasonable timeline and
expectations for project milestones.
22. Comply with all applicable Federal grant award requirements, including but not limited to, the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) and
the Financial Assistance Interior Regulation (FAIR) (2 CFR Part 1402).
II. Obligations of the Subrecipient
1. Prepare and provide to Virginia Energy the following project documents:
a. Scope of Work
b. Detailed Construction Plan, if applicable to the project
c. Categorized detailed Budget
These documents are subject to review and approval by Virginia Energy for inclusion in a project construction
phase contract between Virginia Energy and the Subrecipient.
2. Allow Virginia Energy to inspect, review and comment on the project plan design and any future amendments,
changes, or modifications.
3. Strictly adhere to the OSMRE AMLER funding objectives outlined in the Guidance for Project Eligibility under
the Abandoned Mine Land Reclamation Economic Development Pilot Program (FY2020 and prior) or the
Guidance for Project Eligibility under the Abandoned Mine Land Economic Revitalization Program (FY2021 and
4. Erect a project sign at the project site’s most convenient point of public access and in plain view prior to the
construction phase and to be maintained for the project duration. The sign must comply with Virginia Energy
specifications and display information including the project name and Virginia Energy logo that will be provided
to the Subrecipient by Virginia Energy.
5. Compliance with Federal Rules and Regulations: Funding for this project is authorized through the Catalog of
Federal Domestic Assistance (CFDA) #15.252. Expenditures made and services provided pursuant to this
project shall be in accordance with 2 CFR Part 225, “Cost Principles for State, Local, and Indian Tribal
Governments” (OMB Circular A-87), and OMB Circular A-133, “Audits of States, Local Governments and NonProfit Organizations.” If the Subrecipient is a political subdivision of the Commonwealth of Virginia, it is
governed by 48 CFR Part 31, Contract Cost Principles and Procedures. If the Subrecipient is a for-profit
organization, it is governed by 48 CFR Part 31, Contract Cost Principles and Procedures. The Subrecipient also is
governed by the administrative requirements of 10 CFR 600, Federal Financial Assistance Regulations. Any
apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in
Revised 03-15-2023 3
this award must be referred to the OSMRE Award Administrator for guidance. It is the responsibility of the
Subrecipient to identify such an inconsistency and bring it to the attention of Virginia Energy. The Subrecipient
shall adhere, and require adherence by all vendors, contractors, and subcontractors performing work required
by this project, to the federal rules as noted.
6. Provide and pay all funds required to complete construction of the project site within the specified time period
in accordance with the approved construction design, including but not limited to the costs of all permits,
licenses, land acquisitions, and/or rights-of-way and easements pursuant to the Award Conditions.
7. Maintain on the project site all information required by 4 VAC 25-130-707.12 including a description of the
project, the exact location and boundaries of the project and that the Virginia Energy administration of the
project is being financed with federal funds through its AMLER Program Grant.
8. Prior to commencement of construction at the project site, ensure that the Final Construction Design Plan
and/or addenda, amendments thereto are in accordance with the Award Conditions. Any addenda or
amendments to the Construction Design Plan and/or construction documents shall be approved in writing by
Virginia Energy and OSMRE prior to their execution, issuance and/or implementation.
9. Provide to Virginia Energy copies of all documents and addenda the Subrecipient uses in contracting for the
performance of construction work for the project if any.
10. Afford Virginia Energy personnel notice of and opportunity to attend and participate in all pre-construction
conferences and other relevant meetings concerning the project, if any.
11. Provide free and reasonable access by Virginia Energy and OSMRE personnel to the project site for the purpose
of conducting weekly, or more frequent if necessary, inspections.
12. Upon completion of the work required by the Construction Plan, provide Virginia Energy with a copy of “as
built” drawings of the project and/or a certificate of completion.
13. Designate a Project Director who shall be knowledgeable of and responsible for project activities and who shall
act as the contact between Virginia Energy and Subrecipient.
14. Provide to Virginia Energy written verification that all easements, licenses and applicable federal, state, or local
permits or clearances required for the performance of the work required to complete the project have been
obtained prior to start of any work on the project.
15. Provide professional supervision of all construction work performed at the project site to ensure that the
completed work conforms to the approved Final Construction Plan.
16. Certify and acknowledge that that no work outside the project boundaries and limits shall be eligible through
the AMLER AWARD or covered under the terms of this agreement.
17. Provide proof to Virginia Energy that the Subrecipient shall require its contractors to maintain in full force and
effect during the life of the project a public liability insurance policy:
a. Worker’s 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 project shall be in noncompliance.
b. Employers Liability - $100,000.
c. Commercial General Liability - $2,000,000 per occurrence and $2,000,000 in the aggregate for
construction projects or $1,000,000 per occurrence and $2,000,000 in the aggregate for nonconstruction projects. 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.
Coverage shall not exclude claims resulting from explosion, collapse or underground damage.
d. 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 project). Subrecipient must assure that the required
coverage is maintained by the Subrecipient (or third party of such motor vehicle).
18. The Subrecipient shall indemnify, defend and hold harmless Virginia Energy/Commonwealth of Virginia, its
agents, officers, employees, and designated representatives from any claims, damages, suits, actions, liabilities
Revised 03-15-2023 4
and costs of any nature or kind, whether at law or in equity, arising from or caused by performance by the
Subrecipient or its agents, whether for design or construction of the project, or from the use of any materials,
goods, or equipment of any kind or nature or any service of any kind, provided that such liability is not
attributable to the sole negligence of the Virginia Energy. Nothing contained herein shall be deemed an
expressed or implied waiver of the sovereign immunity of Virginia Energy/Commonwealth of Virginia.
19. Neither the Subrecipient, its officers, agents, employees, assignees, whether for design or construction of the
project, shall be deemed employees of the Commonwealth of Virginia or of Virginia Energy by virtue of the
project, the location of the project, or the AMLER Award.
20. Upon completion of any audit of the project conducted under OMB Circular A-128, promptly provide the
Virginia Energy with a copy of any and all such audit reports.
21. The Subrecipient shall ensure that their contractors are responsible for sequencing, scheduling, coordinating,
and monitoring the progress of the work as well as taking appropriate action to keep the work on schedule.
22. The Subrecipient shall include in all project Requests for Proposals and Invitation for Bid packages the Virginia
Energy supplied Applicant Violator System (AVS) form (OMB #1029-0119). All bidders must submit the
completed form with the required project proposal or bid documents. Any subcontractors shall submit the
Applicant Violator System (AVS) form documentation prior to the award of the bid(s) to the prime contractor.
All contractors for project management, project design, or other contracted services associated with the
project shall also submit the Applicant Violator System (AVS) form. Prior to the award of any such contract(s),
the form(s) will be submitted to Virginia Energy for the required AVS check to confirm bidder eligibility by the
use of the Applicant Violator System. Awards may not be made until the AVS check has been completed.
Pursuant to the provisions of 30 CFR § 874.16, the Virginia Energy may direct the rejection of any contractor(s),
subcontractor(s), or engineering firm(s) if the AVS review determines the entity, at the time of contract award,
is not eligible to receive a permit or conditional permit to conduct surface coal mining operations under the
Virginia Coal Surface Mining Reclamation Regulations.
23. Agree to not let the project or project development be idled for a cumulative period exceeding sixty (60) days
24. During the term of this Project, the Subrecipient shall not dispose of, modify the use of, or change the terms of
the real property title, or other interest in the Property, including the Project, and facilities without permission
and instructions from the Virginia Energy. The Subrecipient shall record the federal interest in the title of
Property in accordance with Virginia Energy directives and shall include a covenant in the title of real property
acquired in whole or in part with Federal assistance funds to assure nondiscrimination during the useful life of
the Project. The Subrecipient shall adhere to 30 CFR part 879.14 and 879.15 for Property management and
25. Pursuant to Code of Virginia § 2.2-4321.3, beginning May 1, 2021, each State Agency shall ensure that its bid
specifications or other public contracts require bidder, offerors, contractors, and subcontractors to pay wages,
salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or
otherwise hired to perform services in connection with the public contract for public works at the prevailing
26. All contracts made by you under a Federal award in excess of $2,000 must include a provision for compliance
with the Davis-Bacon Act (40 USC 3141-3148) in your contracts.
27. All contracts you award in excess of $100,000 that involve the employment of mechanics or laborers must
include provision for compliance with 40 USC 3702, 3704, and the Contract Work Hours and Safety Standards
Act (40 USC 327-330).
a. During the performance of this project, the Subrecipient agrees as follows:
i. The Subrecipient and its Contractors shall not discriminate against any employee or
applicant for employment because of race, religion, color, sex, national origin or disabilities,
except where religion, sex, or national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of the Subrecipient or its Contractor exists.
The Subrecipient agrees to, and will require its Contractors to, post in conspicuous places,
Revised 03-15-2023 5
available to employees and applicants for employment, notices setting forth the provisions
of this nondiscrimination clause.
ii. The Subrecipient, in all solicitations or advertisements for employees placed by or on behalf
of the Subrecipient or its Contractors, will state, and require that its Contractors state, that
such Subrecipient or Contractor is an equal opportunity employer.
iii. 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
b. The Subrecipient and its Contractors will include the provisions of the foregoing paragraphs 23.A.i;
23.A.ii; and 23.A.iii in every subcontract of any amount and every purchase order over $10,000, so
that the provisions will be binding upon each subcontractor or vendor.
The Subrecipient assures and certifies to the Virginia Energy that it is, to the best of its knowledge and belief, in
compliance, and will continue in compliance, and it will require that its Contractors conform, to the following Acts, as
1. State and Local Government Conflict of Interests Act;
2. General Assembly Conflict of Interests Act;
3. Virginia Freedom of Information Act;
4. Virginia Fair Employment Contracting Act;
5. Virginia Governmental Frauds Act;
6. Virginia Public Procurement Act;
7. Virginians with Disabilities Act;
8. Americans with Disabilities Act;
9. All contracts for supplies or construction materials must require compliance with the Buy American Act
(41 USC Chapter 83);
10. Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871);
11. Federal Immigration Reform and Control act of 1986; and
12. Federal statutes relating to nondiscrimination, including but not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352) (prohibits discrimination on the basis of race,
color or national origin);
b. Title IX of the Education amendments of 1972, as amended (20 U.S.C. Sections 1681-1683, and
1685-1686) prohibits discrimination on the basis of sex;
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C., Section 794) prohibits
discrimination on the basis of handicaps;
d. The Age Discrimination Act of 1975, as amended (42 U.S.C., Sections 6101-6107) which prohibits
discrimination on the basis of age;
e. The Drug Abuse Office and Treatment Act of 1972 (P.L. 93-255), as amended, relating to nondiscrimination on the basis of drug abuse;
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
g. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C., 290 dd-3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records;
h. Title VIII of the Civil Rights Act of 1968 (42 U.S.C., Section 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; and/or any other nondiscrimination
provisions in the specific statute(s) under which application for Federal assistance is being made,
and the requirement on any other nondiscrimination statute(s) which may apply to the AMLER
AWARD or this agreement.
Revised 03-15-2023 6
13. All construction contracts and subcontracts over $10,000 must require compliance with Executive Order
(E.O.)11246, Equal Employment Opportunity, E.O. 11375, and related Department of Labor regulations (41
CFR Part 60)
14. All contracts for construction or repair must require compliance with the Copeland "Anti-Kickback" Act (18
USC 874) and related Department of Labor regulations (29 CFR Part 3)
15. Federal Lobbying Act, 31 U.S.C.A., Section 1352 (entitled, “Limitation on use of appropriated funds to
influence certain Federal contracting and financial transactions, and the Virginia Lobbying Disclosure and
Regulation Act, Sec. 2.1-779 through 2.1-794, Code of Virginia, 1950 as amended, including, without
limitation, obtaining and delivering to the Virginia Energy all necessary certifications and disclosures.
16. Title II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L.
91-646) which provides for fair and equitable treatment of persons displaced or whose property is
acquired as a result of Federal and federally assisted programs. These requirements apply to all interest in
real property acquired for project purposes regardless of Federal participation in purchases.
17. Hatch Act (5 U.S.C., Sections 1501-1508 and 7324-7328) which limit the political activities of employees
whose principal employment activities are funded in whole or in part with Federal funds.
18. Copeland Act (40 U.S.C., Section 276c and 18 U.S.C., Section 874), the Contract Work Hours and Safety
Standards Act (40 U.S.C., Sections 327-333) regarding labor standards for federally assisted construction
19. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L.
93-234) which requires recipients in a special flood hazard area to participate in the program and to
purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.
20. Environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190)
and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection
of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO
11988: (e) assurance of project’s consistency with the approved State management program developed
under the Coastal Zone Management Act of 1972 (16 U.S.C., Sections 1451 et seq.); (f) conformity of
Federal actions to State (Clean Air) Implementation Plans under Section 176 (c) of the Clean Air Act of
1955, as amended (42 U.S.C., Section 7401 et seq.); (g) protection of underground sources of drinking
water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended, (P.L. 93-205).
21. Wild and Scenic Rivers Act of 1968 (16 U.S.C., Sections 1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
22. The Subrecipient shall assist the Virginia Energy in assuring compliance with Section 106 of the National
Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation
of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et
23. 40 CFR 122-EPA Storm Water Regulations; PL 92-500, Section 404 – Utility Crossings of Navigable Waters –
U.S. Army Corps of Engineers; Code of Virginia, Title 10.1, Chapter 5, Article 4 - Erosion and Sediment
Control Law – Soil and Water Conservation Commission; VR 625-02-00 – Erosion and Sediment Control
Regulations; Code of Virginia, Title 62.1, Chapter 3.1, Article 44 – State Water Control Law; VR 680-15-02 –
Virginia Water Protection Permit; Code of Virginia, Title 62.1, Chapter 3 – Sub-aqueous Bed Permit –
Marine Resources Commission.
24. All contracts must recognize mandatory standards and policies relating to energy efficiency contained in
the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L.
94-163, 89 Stat.871);
25. All contracts, subcontracts, and subgrants over $100,000 must require compliance with all applicable
standards and requirements issued under section 306 of the Clean Air Act (42 USC 1857(h)), section 508 of
Revised 03-15-2023 7
the Clean Water Act (33 USC 1368), E.O. 11738, and Environmental Protection Agency regulations (40 CFR
26. Build America, Buy America Act (BABAA) which stipulates Domestic Preference Requirements for Federal
Financial Assistance to Non-Federal Entities. Federal Financial Assistance to Non-Federal Entities, defined
pursuant to 2 CFR 200.1 as any State, local government, Indian tribe, Institution of Higher Education, or
nonprofit organization, shall be governed by the requirements of Section 70914 of the Build America, Buy
America Act (BABAA), under Title IX of the Infrastructure Investment and Jobs Act, Pub. L. 177-58. Any
requests for waiver of these requirements must be submitted in writing following a process to be defined
by the federal awarding agency. Absent an approved waiver, all iron, steel, manufactured products, and
construction materials used in this project must be produced in the United States, as further outlined by
the Office of Management and Budget's Memorandum M-22-11, Initial Implementation Guidance on
Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, April
Revised 03-15-2023 8
1. Monthly Reporting - The Subrecipient will provide Virginia Energy with written monthly progress reports
by the 15th day of each month for the previous month. The report shall include a brief narrative
description of all work accomplished, difficulties or delays encountered along with necessary remedial
actions(s), a schedule of future work, and jobs created/supported. The report should cover status and
projected timelines for activities such as hiring consultants and contractors, development of project plans
and EA, construction progress, etc.
2. Annual Outcomes Reporting - The Subrecipient will provide Virginia Energy with written annual progress
reports by July 31st each year for the period beginning July 1st of the previous year through June 30th of
the current year. These reports should describe the current status of each AMLER project, including:
a. Economic benefits/performance measures accomplished during the reporting period.
b. Expected benefits/outstanding performance measures to be accomplished and timelines for
c. Jobs supported and jobs created
d. The status of any real property purchased for purposes of the AMLER approved activity.
3. Long Term Reporting - OSMRE’s long term reporting requirements will be conveyed upon completion of
V. Financial/Compliance Records Availability
The Subrecipient agrees to retain and provide reasonable access to all books, records, and other documents relative to
this project for five (5) years after final payment or until otherwise notified by Virginia Energy, whichever is later. Virginia
Energy, its authorized agents, and/or State and Federal auditors shall have full access to and the right to examine.
The following remedies for noncompliance are derived from CFR § 200.338:
Failure of the grant Subrecipient to comply with statutes, regulations, codes, or other terms and conditions of the
AMLER award may result in OSMRE or Virginia Energy imposing additional conditions, as described in § 200.207 Specific
conditions. If OSMRE or Virginia Energy determine that noncompliance cannot be remedied by imposing additional
conditions, one or more of the following actions may be taken, as appropriate in the circumstances:
a. Temporarily withhold cash payments pending correction of the deficiency or more severe enforcement
b. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not in compliance.
c. Wholly or partly suspend or terminate the AMLER award.
d. Initiate suspension or debarment proceedings as authorized under 2 CFR part 180 and Federal awarding
agency regulations (or in the case of a pass-through entity, recommend such a proceeding be initiated
by a Federal awarding agency).
e. Withhold further Federal awards for the project or program.
f. Take other remedies that may be legally available.
Revised 03-15-2023 9
VII. Requirements for Acknowledging AMLER Funding
Subrecipients and their partners are required to acknowledge AMLER funding in their project-related public
communications and publications. When scheduling and holding public events related to the project, subrecipients and
their partners shall coordinate with Virginia Energy.
AMLER funding should be acknowledged in the following products when describing projects or programs funded in
whole or in part with AMLER funds:
• press releases, presentations and other public statements
• other publications, documents or videos about projects funded by AMLER
• requests for proposals and bid invitations
• and other documents describing projects funded in whole or in part with AMLER money
Acknowledgements must include the following three statements:
1. A specific acknowledgment of AMLER grant support, such as:
"The AMLER project described in this [publication/press release/production] was supported by the Virginia
Department of Energy, Mined Land Repurposing’s Abandoned Mine Land Program through the federally funded
AMLER Grant Program with oversight from the federal Office of Surface Mining, Reclamation and Enforcement.
2. An acknowledgement of the level of AMLER funding that indicates the percentage and dollar amounts of the
total project costs financed with AMLER money.
3. A disclaimer that says:
"The content of this [publication/press release/production] is solely the responsibility of the authors and does
not necessarily represent the official views of the Virginia Energy or the federal Office of Surface Mining,
Reclamation and Enforcement."
OMB # 1029-0119
You must complete this form for your AML contracting officer to request an eligibility evaluation from the
Office of Surface Mining Reclamation and Enforcement (OSMRE) to determine if you are eligible to receive an
AML contract. This requirement can be found under OSMRE’s regulations at 30 CFR 874.16. NOTE: This
form must be signed and dated within 30 days of submission to be considered for a current bid.
Part A: General Information
Tax ID #:
City, State, & Zip:
Part B: Obtain an Organizational Family Tree (OFT) from the Applicant Violator System (AVS)
If you plan to certify the existing AVS information or submit updates under Part C, you must include an OFT.
Instructions for downloading an OFT from the AVS can be found at: https://www.osmre.gov/sites/default/
files/2022-02/OMB_201029-0119_instructions.pdf. If you require assistance you may contact the AVS Office
by phone at: 800-643-9748, or by email at: .
Part C: Certifying and updating information in the AVS
Select one of the options, follow the instructions for the selected option, sign, and date below.
I, , have express authority to certify that:
1. Our business is listed in the AVS. The information is accurate, complete, and up to date. (If you select
this option, you must attach an Entity OFT from the AVS to this form). Do not complete Part D.
2. Our business is in the AVS. The information needs to be updated. (If you select this option, you must
attach an Entity OFT from the AVS to this form). Complete Part D to provide the missing or corrected information.
3. Our business is not listed in the AVS. The information needs to be added. Complete Part D to provide
Date Signature Title
OMB # 1029-0119
Part D: OFT Information
Contractor’s Business Name:
If the current Entity OFT information for your business is incomplete in the AVS, or if there is no information
in the AVS for your business, you must provide all of the following information as it applies to your business.
Please include additional copies of this page if the space below is not sufficient to capture all information.
• Every officer(President,VicePresident, Secretary,Treasurer,etc.);
• AllDirectors, Partners, and Members;
• All persons performinga function similar to aDirector;
• Every person or business that owns 10% or more of the voting stock in your business;
• Any other person(s)who hasthe ability to determinethe mannerin which the AMLreclamation projectis
• Please list an end date for any person who is no longer with your business.
City, State, Zip:
City, State, Zip:
City, State, Zip:
City, State, Zip:
PAPERWORK REDUCTION STATEMENT
The Paperwork Reduction Act of 1995 (44 U.S.C 3501) requires us to inform you that: Federal Agencies may
not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays
a current valid OMB control number. This information is necessary for all successful bidders prior to the
distribution of AML funds, and is required to obtain a benefit.
Public reporting burden for this form is estimated to range from 15 minutes to one hour, with an average of 30
minutes per response, including time for reviewing instructions, gather and maintaining data, and completing
and reviewing the form. You may direct comments regarding the burden estimate or any other aspect of this
form to the Information Collection Clearance Officer, Office of Surface Mining Reclamation and Enforcement,
1849 C Street, NW, Room 4559, Washington, DC 20240.
Office of Surface Mining Reclamation and Enforcement
Instructions for Completing the AML Contractor Form OMB #1029-0119
Purpose: The Office of Surface Mining Reclamation and Enforcement Applicant/Violator System (AVS) office is
required to conduct eligibility checks for businesses performing abandoned mine land (AML) reclamation work to ensure
those businesses are not associated with any coal mining violations in accordance with the Surface Mining Control and
Reclamation Act (SMCRA). This form is used to update the AVS database which maintains relationship information
between individuals and their associated businesses. If you have any questions, please contact the AVS Office at 800-643-
Part A: General Information: Part A should be completed by the AML Contractor. You can find an electronic fillable
form on our website (https://www.osmre.gov/avs).
Part B: Obtain an Organizational Family Tree (OFT): Part B should be completed by the AML Contractor. An
Organizational Family Tree (OFT) indicates the relationships between individuals and their associated business.
You can obtain an OFT two ways:
Call the AVS Office at 800-643-9748 to request your company’s OFT.
Go to the AVS website (https://avss.osmre.gov). Click “Access AVS”, and then “Login as Guest”. Place
your cursor on the “Entity” Module and click. Type your business name (or entity number) in search box and
press enter. Select your company and then click on the “Relationship” tab to display your Entity OFT
information. Print the Entity OFT from AVS. Review the OFT, if you need to make updates complete Part D.
Attach the OFT to your AML Contractor Form.
If you are a new company or this is your first AML bid: Your business is most likely not in the AVS. If your company
does not appear in the AVS database, move on to Part C, check Box 3, and complete Part D of this form.
If your company has worked on previous AML projects or in the coal mining industry: Your business is most likely in the
AVS, but may need to be updated. Obtain and review your OFT and then complete Part C.
Part C: Certifying and updating information in the Applicant/Violator System (AVS). Part C should be completed
by the AML Contractor. Please check the box that best describes your situation, sign and date.
Note: Signature date must be recent (within 30 days) to be considered.
Part D: OFT Information. Part D should be completed by the AML Contractor only if you want to make updates to
what information is in the AVS, or if your company does not have any information in the AVS. Include all fields,
including the relevant begin and/or end dates for individuals, including middle name or initial for individuals if possible.
Answers to Part D FAQs:
Which employees should be included in Part D?
Any current or separated employee of significance should be listed. Refer to the list provided at the top of Part D.
For those owning less than 10% reporting the ownership is optional. Include those employees who direct, manage,
or control the project. If, for example, a Professional Engineer has the power to determine how the project is
conducted you should include him/her on Part D.
What address and phone number should I use?
Use the address and phone number where the person receives business correspondence.
What are the begin and end dates for?
Begin dates indicate when a person started in that position in your company. If an individual still works at the
company you can simply fill in the begin date and leave the end date blank or write “N/A”. End dates are used
for indicating that someone no longer works in that capacity or is no longer employed at the company. If an
employee has held more than one position or title, note the begin dates/end dates for each position.