00324 SolAmd1 rev11122024.docx

State of Washington Contracts and Procurement Division Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411

Solicitation Amendment Solicitation No.:00324 Amendment No.:1

Effective Date: 11/12/2024 Solicitation No. xxxx – Amendment No. xx (5-1-2017)

SOLICITATION NO. 28723 – AMENDMENT NO. 01 PAGE | 1

AMENDMENT NO. 1

TO

SOLICITATION NO. 00324

Signal Flares and Highway Signal Devices This Amendment (“Amendment”) No. 1 to Solicitation No. 00324 is effective immediately. The revised documents are for informational purposes. All other terms, conditions, and specifications remain unchanged.

Solicitation documents as a result of this amendment which are for informational purposes and are not required to be submitted with proposals are:

· 00324_AMD1_EXHIBITB-SPECS_REV11122024

· 00324_AMD1_EXHIBITD-CONTRACT_REV11122024

P U R P O S E THE PURPOSE of this amendment is to capture the following changes:

· Change #1: 00324 AMD1 EXHIBIT B – SPECIFICATIONS, SCOPE has been updated to provide clarification between Flares and WA Igniter Flares.

· Change #2: 00324 AMD1 EXHIBIT B – SPECIFICATIONS, the word “Signal” has been replaced with “Igniter” throughout the exhibit.

· Change #3: Exhibit D, Contract, 1. TERM. is revised as follows:

TERM: The term of this Contract is twenty-four (24) months, commencing January 1, 2025 and ending December 31, 2026; Provided, however, that if Contractor is not in default and if, by July 1, 2026, in Enterprise Services’ reasonable judgment, Contractor satisfactorily has met the performance-based goals for contract extension, with mutual consent of Contractor, Enterprise Services shall extend the term of this Contract, by written amendment, for up to twenty-four (24) additional months. Such extension amendment shall be on the same terms and conditions as set forth in this Contract…

· Change #4: Exhibit D, Contract, 3.3 Economic Adjustment is revised as follows:

(h) ECONOMIC ADJUSTMENT. The Contract Prices set forth herein are firm and fixed for one year from the effective date of this Contract. Beginning January 1, 2026 and annual anniversary thereafter, Contractor may request an economic price adjustment (EPA). Requests for an EPA must be made in writing and emailed to the Enterprise Service’s Contract Administrator and be received by Enterprise Services between October 1st and October 31st of each year. Contractor’s EPA request cannot exceed the annual average percentage changes in the United States Department of Labor, Bureau of Labor and Statistics (BLS) Producer Price Indices (PPI) as set forth in the formula below. Once Contractor’s timely EPA request is received, Enterprise Services will analyze the PPI data to determine the appropriate EPA. Contract prices, as adjusted by an EPA shall be effective thereafter, beginning January 1st; Provided, however, that the parties must timely execute a contract amendment to incorporate such price adjustments. In the event Contractor fails to timely request a price adjustment, there shall be no EPA allowed on the Contract for that the applicable period, and the following year the EPA shall not be retroactive nor cumulative to account for unrequested EPAs. Enterprise Services shall have the right to review PPI data annually and, if such PPI data reflects a substantial decrease in the annual average PPI,the upon mutual consent of Contractor and Enterprise Services, both parties shall amend the Contract to decrease the Contract prices accordingly, and must timely execute a contract amendment to incorporate such price adjustments.

Only final PPI data will be used to adjust contract pricing. This Contract will use seasonally unadjusted indexes. If an index becomes unavailable, Enterprise Services shall substitute a proxy index. If there is not a direct substitute, the next higher aggregate index available will be used.

· Change #5: Exhibit D, Contract, 8.1 Ordering Requirements is revised by adding three subsections as follows:

(a) MINIMUM ORDER REQUIREMENTS. Contractor requires a 30 case minimum per delivery location; for orders that do not meet a minimum requirement Contractor may charge Freight/Delivery Costs as a separate line item on the invoice.

(b) CONTRACTOR ORDER ACKNOWLEDGEMENT. Contractor shall acknowledge orders within three (3) business days.

(c) CONTRACTOR ORDER CONFIRMATION. Contractor shall confirm upon order: Purchase Order Number; Purchaser’s delivery location/address, and any special instructions.

· Change #6: Exhibit D, Contract, 8.2 Delivery Requirements is revised by updating subsection (b) as follows:

(b) Contractor shall ship all Goods and/or Services purchased pursuant to this Contract, freight charges prepaid by Contractor, FOB Purchaser’s specified destination with all transportation and handling charges included for Purchaser’s Orders of 30 cases or greater per delivery location. For Purchaser’s Orders of less than 30 cases per delivery location, freight charges may be added to the invoice as a separate line item. See Section 9, Invoicing & Payment. Contractor shall bear all risk of loss, damage, or destruction of the Goods and/or Services ordered hereunder that occurs prior to delivery, except loss or damage attributable to Purchaser’s fault or negligence. If Purchaser requests additional services that may be available from Contractor or from the Contractor’s Vendor, is applicable, insert any approved/authorized fees from Exhibit C, Price Sheet. Any such fees associated with such requested services may be added as a separate line item on the Purchaser’s Invoice.

· Change #7: Exhibit D, Contract, 9.1 Contractor Invoice is revised by adding two subsections as follows:

(h) (IF APPLICABLE, insert any approved additional fees from solicitation, Exhibit C, Bid Price): Approved Fees from Exhibit B, Prices for Goods/Services;

(i) Freight/Delivery Costs: If a Purchaser’s order does not meet the minimum 30 case per delivery location, the Contractor may add Freight/Delivery Costs as a separate line item to the invoice. For invoices that include a Freight/Delivery Costs line item because the minimum quantity per location was not met, a copy of the freight/delivery invoice must be provided to the Purchaser, either delivered with the goods or included with the invoice.

Any communications regarding this amendment must be addressed to the Procurement Coordinator listed below.

Julie Hannah descontractsteamcedar@des.wa.gov image1.png image2.png