Bid Title: ITB-Devils-Bathtub-Trailhead
Category: 2023 Open Bids
Status: Closed




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.

Bidding Guidelines:

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 .


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.




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 

reason(s): ____________________________________________________________ 


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: ________________________________ 


Scott County Economic Development Authority

190 Beech Street, Suite 202 

Gate City, VA 24251 


FAX (276)386-6158



Company Name: _______________________________________________________


Name: _______________________________________________________

Title: _______________________________________________________

Signature: _______________________________________________________

Date: ________________________________________________






Bid Price: __________________________________ 

Additional Fees: __________________________________ 

Total Bid Price: __________________________________ 

Estimated Time Frame

to Complete: ________________________________

Company Name: __________________________________ 

Address: __________________________________ 


Phone: __________________________________ 

FAX: __________________________________ 

Email: __________________________________ 

Name: __________________________________

Signature: __________________________________ 

Date: __________________________________

Scott County Economic Development Authority 

190 Beech Street, Suite 202 

Gate City, VA 24251 


FAX (276)386-6158


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

eForms system.

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 

procurement process.

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 

consultation boundary.

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 

wage rate.

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.

III. Certifications: 

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 

Part 15)

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

IV. Reporting 

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 

the project.

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.

VI. Noncompliance 

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 

Expiration Date: 



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 

Business Name: 

Tax ID #: 


City, State, & Zip: 

Phone Number: 

Email Address: 

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:

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: 

(Print Name) 

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

the information.

Date Signature Title 













OMB # 1029-0119 

Expiration Date: 


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

being conducted.

• Please list an end date for any person who is no longer with your business.



City, State, Zip: 

Begin Date: 

End Date: 

% Ownership: 


Phone Number: 



City, State, Zip: 

Begin Date: 

End Date: 

% Ownership: 


Phone Number: 



City, State, Zip: 

Begin Date: 

End Date: 

% Ownership: 


Phone Number: 



City, State, Zip: 

Begin Date: 

End Date: 

% Ownership: 


Phone Number: 


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 (

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 ( 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.

Publication Date/Time:
9/5/2023 12:00 AM
Closing Date/Time:
10/2/2023 11:59 PM
Related Documents:

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