04824 - 02 Comp Sol AMD.docx

STATE OF WASHINGTON TRANSIT BUS COOPERATIVE

STATE COOPERATIVE PURCHASING SCHEDULE

Competitive Solicitation – No. 04824-02

FOR

TRANSIT BUSES COOPERATIVE CONTRACTS

LIGHT AND MEDIUM DUTY

Interested Bidders: On behalf of the Washington State Department of Enterprise Services (“Enterprise Services”), thank you for your interest in contracting with the State of Washington to provide goods/services. To ensure a fair and transparent procurement process that is open to all qualified vendors, Washington’s Procurement Code for Goods/Services (RCW 39.26) requires that this procurement be conducted through a competitive solicitation process.

The Washington State Department of Enterprise Services (Enterprise Services) is issuing this Competitive Solicitation pursuant to Section 3019 of the FAST Act (Pub. L. No. 114-94) and RCW chapter 39.26. Pursuant to this Competitive Solicitation, Enterprise Services intends to conduct a competitive procurement and establish and award a Cooperative Contract for eligible purchasers to purchase Transit Buses (“Transit Buses”). This Cooperative contract is considered a State Cooperative Purchasing Schedule under the FAST Act for the use of federal funds.

This Competitive Solicitation is designed to result in contracts (“Contract(s)” or “Enterprise Procurement Solution Contract(s)”) that can be used by any Washington State agency as well as other specified eligible purchasers (collectively, “Purchasers”) to purchase the specified goods/services from awarded Bidders (“Contractor” for purposes of the resulting contract). Accordingly, this Competitive Solicitation and the resulting Enterprise Procurement Solution Contracts have unique features, requirements, and terminology, which are explained further in the Bidder Contracting Guide for Enterprise Procurement Solution Contracts for Goods and Services (“Contracting Guide”).

This Competitive Solicitation is part of the Washington State Purchasing Cooperative. The resulting Contract will be available for use by all eligible purchasers at their option, including any approved Participant. These Participants can include purchasers from any state. Participants will decide whether the Contract meets their needs and whether they use the Contract to purchase the Goods/Services.

This Competitive Solicitation consists of this document and the exhibits identified in the summary table attached as Appendix A – Summary Table of All Exhibits & the Required Bid Submittals.

This Competitive Solicitation is organized into the following four sections and one appendix:

· Section 1 – Opportunity: Describes the opportunity for Bidders - i.e., what goods/services are being solicited; award type; number of awards; historical sales information; and historical purchasers.

· Section 2 – Competitive Solicitation Process: Describes the procurement process for this Competitive Solicitation.

· Section 3 –Submitting A Bid: Details how Bidders prepare and submit a bid.

· Section 4 – Bid Evaluation: Details how Enterprise Services will review and evaluate bids to determine Contract awards.

· Appendix A: Summary Table of All Exhibits & the Required Bid Submittals.

SECTION 1 – OPPORTUNITY

This section describes the goods/services that are included in the Competitive Solicitation. Bidders, if awarded a Contract, would provide such goods/services to Purchasers who utilize the Contract. This section also includes available historical data about prior purchases that may help Bidders evaluate the potential opportunity including, when available, prior purchasing data.

1.1. SCOPE OF INCLUDED GOODS/SERVICES. Enterprise Services is using this Competitive Solicitation to solicit value-added bids from innovative, qualified Bidders to provide transit buses (“buses” or “Goods/Services”) that, at a minimum, meet or exceed any required minimum specifications for the Goods/Services and/or the required minimum performance requirements for Bidders who are awarded a Contract as stated in Exhibits D - Contract.

This competitive Solicitation is for eligible purchasers to procure medium-duty and light-duty transit buses through the Washington State Transit Bus Cooperative. This Competitive Solicitation and all relevant categories for Transit Buses include the services, accessories, equipment, parts, pieces, consulting, training, etc. required for the operation of the buses for their operational life.

1.2 CONTRACT AWARD(S). ENTERPRISE SERVICES INTENDS TO AWARD CONTRACTS AS SET FORTH BELOW:

Contract Category. As detailed below in the Contract Award Summary Table, Enterprise Services intends to award Contracts to the top four (4) highest-scoring responsive, responsible bidders in each category. Bidders may bid on one, multiple, or all specified Contract Categories.

Contract Award Type. As detailed below in the Contract Award Summary Table, Enterprise Services also intends to make Main Awards by specified Contract Category, to the highest scored, responsive, responsible Bidders.

Passenger seat + Wheelchair Seating Range Passenger seat + Wheelchair

In the event of a tie in evaluation scores for award, Enterprise Services may increase the number of awards to account for the ties in evaluation scores for Bidders who would have been awarded without a tie.

1.2. PRIOR SALES. Historically, for prior contracts, average annual total sales were approximately $18,052,308 for the Goods/Services among all eligible Purchasers. The total spend from 2021-2025 was approximately $72,209,235. Total potential or estimated contract sales for this Competitive Solicitation are not known. The resulting Contract(s) will be available for use by all eligible Purchasers. Such Purchasers will decide whether the Contract meets their needs and whether they use the Contract to purchase included Goods/Services. Although Enterprise Services does not represent or guarantee any potential purchases from the resulting Contract(s), prior purchases under a similar procurement are set forth in the following chart:

1.3. PURCHASERS. Historically, for prior contracts, the chart above identify entities who used the contracts.

SECTION 2 – COMPETITIVE SOLICITATION PROCESS

This section describes the procurement process for this Competitive Solicitation, including:

· Information about the purpose of the Competitive Solicitation;

· The Competitive Solicitation process;

· The form and term of the intended Contract(s);

· Important deadlines for this Competitive Solicitation;

· Information about the Pre-Bid Conference;

· Where to direct questions or concerns regarding the Competitive Solicitation;

· Limits on Bidder communications during the Competitive Solicitation process;

· Information about the complaint, debrief and protest process; and

· The process for potential amendments or modifications to the Competitive Solicitation.

2.1. PURPOSE OF THE COMPETITIVE SOLICITATION. This Competitive Solicitation is a required formal process for Enterprise Services to receive competitive bids from interested Bidders. Enterprise Services:

· Will review and evaluate such bids using the process and criteria stated herein; and

· Intends to award Enterprise Procurement Solution Contract(s) for the specified Goods/Services.

2.2. COMPETITIVE SOLICITATION PROCESS. Enterprise Services, on behalf of the State of Washington, is issuing this Competitive Solicitation to establish and award Enterprise Procurement Solution Contract(s) that eligible Purchasers can choose to utilize to purchase specified Goods/Services from Bidders who are awarded a Contract. Such Enterprise Procurement Solution Contract(s) enable eligible Purchasers to purchase included Goods/Services without incurring the cost or delay of conducting multiple separate procurements. Bidders who are awarded a Contract have more efficient and cost-effective access to multiple Purchasers through established, commercially reasonable, contractual terms and conditions to provide the Goods/Services.

Note: For purposes of this Competitive Solicitation and the resulting Contract, eligible Purchasers include:

· WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, boards, and commissions.

· WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION. Any the following institutions of higher education (colleges) in Washington:

· State universities – i.e., University of Washington & Washington State University;

· Regional universities – i.e., Central Washington University, Eastern Washington University, & Western Washington University

· Evergreen State College;

· Community colleges; and

· Technical colleges.

· CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services:

· Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington;

· Federal governmental agencies or entities;

· Public-benefit nonprofit corporations (i.e., public benefit nonprofit corporations as defined in RCW 24.03A.245) who receive federal, state, or local funding); and

· Federally recognized Indian Tribes located in the State of Washington.

· WASHINGTON COOPERATIVE CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entities that have executed a Washington Cooperative Contract Usage Agreement with Enterprise Services:

· State agencies of any state of the United States; including the State of Hawaii and its participating jurisdictions.

· Local governments, local government agencies, or political subdivisions (e.g., counties, cities, school districts, public utility districts) of any state of the United States;

· Federal governmental agencies or entities; and

· Federally recognized Indian Tribes located outside the State of Washington.

2.3. CONTRACT FORM & TERM. As stated in Exhibit D – Contract, the Contract term is up to sixty (60) months; initial twenty-four (24) months, with three (3) subsequent twelve (12) month extensions to be executed at Enterprise Services’ option. Bidders must specify prices for the first twelve (12) months of the Contract term (such prices then will be adjusted as stated in the Contract). The Contract is subject to earlier termination as stated therein. Although Contract use is optional for eligible Purchasers other than Washington State agencies, all eligible Purchasers are subject to the same contract terms, conditions, and pricing as Washington State agencies.

2.4. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

at 10:30 (Pacific Time) Attend via Microsoft Teams Join the meeting now Meeting ID: 223 193 023 286 96 Passcode: Dn9Sq3WZ Dial in by phone +1 564-999-2000,,241540258# United States, Olympia

(833) 322-1218,,241540258# United States (Toll-free) Find a local number Phone conference ID: 241 540 258#

11:59 pm (Pacific Time)

11:59 pm (Pacific Time)

Note: As required by Washington law, this Competitive Solicitation is posted to Washington’s Electronic Business Solution (“WEBS”). See RCW 39.26.150. As set for in the Contracting Guide, interested Bidders must register in WEBS. In the event there are amendments to this Competitive Solicitation, Enterprise Services will post such amendments to WEBS. Similarly, in the event of any timely Bidder questions (i.e., questions raised during the Pre-Bid Conference or the Question & Answer Period), Enterprise Services will post written responses to such questions to WEBS.

2.5. PRE-BID CONFERENCE. Enterprise Services will host a virtual Pre-Bid Conference at the date and time stated in Section 2.4, above. Bidders are encouraged to attend and participate, but attendance is not mandatory.

The Pre-Bid Conference is intended to:

· Familiarize Bidders with Washington’s requirements for governmental procurements of goods/services through Enterprise Procurement Solution Contracts;

· Explain the Competitive Solicitation; and

· Allow Bidders to raise questions or concerns regarding the Competitive Solicitation.

As practicable, Enterprise Services will address Bidder questions or concerns that are raised during the Pre-Bid Conference at that time. To ensure a fair and transparent procurement process for all potential Bidders, however, Enterprise Services will identify Bidder questions or concerns raised during the Pre-Bid Conference and the Procurement Coordinator will provide and post to WEBS an official written response prior to the end of the Question & Answer Period.

Bidders who wish to attend the Pre-Bid Conference may request reasonable accommodations by contacting the Procurement Coordinator before the Pre-Bid Conference.

2.6. COMPETITIVE SOLICITATION QUESTIONS. Questions or concerns regarding this Competitive Solicitation must be directed to the following Procurement Coordinator:

· NAME: NINA MESIHOVIC

· Email: nina.mesihovic@des.wa.gov The Procurement Coordinator will post written answers to Bidder questions or concerns WEBS. Bidders are encouraged to submit questions and concerns regarding the Competitive Solicitation as early in the process as possible to allow the Procurement Coordinator time to consider and respond.

Note: If Bidders have questions or concerns regarding the Contract (see Exhibit D – Contract), Bidders timely must submit such questions or concerns, in writing, to the Procurement Coordinator before the Deadline for Submitting Questions stated in Section 2.4, above. Enterprise Services does not intend to negotiate substantive terms and conditions pertaining to the resulting Contracts at Contract award.

2.7. BIDDER COMMUNICATION DURING THE COMPETITIVE SOLICITATION. During the Competitive Solicitation process, Bidders must direct all communications regarding this Competitive Solicitation to the Procurement Coordinator stated in Section 2.6, above. Bidders must rely ONLY on this Competitive Solicitation, written amendments to this Competitive Solicitation, and written answers to Bidder questions or concerns posted to WEBS. In no event will oral communications regarding this Competitive Solicitation be binding. Unauthorized Bidder contact regarding this Competitive Solicitation with other state employees or Purchasers involved with the Competitive Solicitation may result in Bidder disqualification.

2.8. COMPLAINTS, DEBRIEFS, & PROTESTS. This Competitive Solicitation and resulting Contract awards are subject, as applicable, to complaints, debriefs, and protests as explained in the Contracting Guide, which may impact the dates set forth above. As stated in the Contracting Guide:

· Bidder complaints and debrief requests must be emailed to the Procurement Coordinator stated in Section 2.6, above; and

· Bidder protests must be sent to the Protest Officer as stated in the Contracting Guide.

2.9. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. Enterprise Services reserves the right to amend and modify this Competitive Solicitation. Bidders will receive notifications, amendments, modifications, or updates regarding this Competitive Solicitation ONLY if they have registered and downloaded this Competitive Solicitation directly via WEBS. Bidders must be registered in WEBS to be awarded a Contract. Visit WEBS to register.

SECTION 3 – SUBMITTING A BID

This section identifies how to prepare and submit a bid to Enterprise Services for this Competitive Solicitation. Bidders must review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which detail the information that Bidders must provide to Enterprise Services. By responding to this Competitive Solicitation and submitting a bid, Bidders acknowledge having read and understood the entire Competitive Solicitation, including the Contracting Guide, and accept all information contained within this Competitive Solicitation.

3.1. BID FORMAT. Required Bid Submittals must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by Enterprise Services, Bidders must submit Required Bid Submittals and permitted ancillary documents to Enterprise Services in MS Word or MS Excel.. Where required, Bidders may sign Required Bid Submittals using either a physical or electronic signature. Bidder should not include any flyers or advertisements in the bid submission. Bidder should submit all exhibits as separate documents in the acceptable file formats.

3.2. PRICING. Bidders must identify and include all cost elements in their pricing. In the event that Bidder is awarded a Contract, the total price for the Goods/Services shall be Bidder’s price as submitted. Except as provided in the Contract, there shall be no additional or other costs of any kind.

· Vendor Management Fee: The resulting Contract from this Competitive Solicitation shall include a Vendor Management Fee (“VMF”) as stated in the Contract attached as Exhibit D – Contract. Bidder’s pricing shall reflect and include the VMF within Bidder’s pricing and Bidder, if awarded a Contract, shall not add a separate line item charge for such VMF to any Contractor invoices to Purchasers.

3.3. SUBMITTING BIDS. Bidders must email Required Bid Submittals to buspurchases@des.wa.gov. Please note:

· Bidder’s email, including all attachments, must not exceed 30MB in size.

· Enterprise Services will not accept or open zipped files.

· Enterprise Services will acknowledge bid receipt by responsive email. If Bidder does not receive such acknowledgement within five (5) business days, Bidder must contact the Procurement Coordinator to confirm acknowledgement of bid receipt. Acknowledgement of bid receipt is not a determination on the bid’s responsiveness.

3.4. ADDITIONAL BID SUBMITTALS. Bidders may not provide unsolicited materials. If Enterprise Services expressly has stated, in writing, that supplemental materials may be provided, Bidders must identify such supplemental materials as stated by Enterprise Services.

3.5. PUBLIC RECORDS. Submitted bids and any supplemental Bidder materials pertaining to this Competitive Solicitation are subject to Washington’s Public Records Act (RCW 42.56) and, in the event of a public records request, will be disclosed as stated in the Contracting Guide.

SECTION 4 – BID EVALUATION

This section states how Enterprise Services will review and evaluate bids for this Competitive Solicitation.

4.1. OVERVIEW. Enterprise Services will review and evaluate bids for this Competitive Solicitation as follows:

· BID REVIEW: Enterprise Services will review bids to determine bid responsiveness as stated in Section 4.2, below.

· BID EVALUATION: Enterprise Services will evaluate responsive bids as stated in Sections 4.3 – 4.5, below.

· PROCUREMENT AUTHORITY DISCRETION. Enterprise Services reserves the right to:

· Request Bidder clarification regarding any bid;

· Waive any informality;

· Reject any or all bids, or portions thereof;

· Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or

· Negotiate with the lowest responsive and responsible Bidder(s) to determine whether such bids can be improved.

Enterprise Services will use the following process and evaluation criteria to determine eligibility for a Contract award:

See Section 4.2, below

Review Bidder’s Required Bid Submittals to determine whether Bidder’s bid is responsive to the Competitive Solicitation Pass/Fail

Exhibit D – Contract Review whether Bidder’s Goods/Services and/or Bidder’s performance capability meets the mandatory minimum performance specifications for the Competitive Solicitation Pass/Fail

See Section 4.3, below

Exhibit C-2 – Price Sheet Evaluate and score Bidder’s cost factors

Exhibit C-2 – Price Sheet

See Section 4.4, below

Review and determine Bidder responsibility See Section 4.5, below Pass/Fail

See Section 4.6, below

See Section 4.7, below

See Section 4.8, below

4.2. BID RESPONSIVENESS REVIEW (PASS/FAIL). Enterprise Services will review bids – on a pass/fail basis – to determine whether the bid complies with the Competitive Solicitation requirements and, therefore, is ‘responsive.’ If Enterprise Services determines that a bid is nonresponsive, Enterprise Services will reject the bid and notify the Bidder, in writing, that the bid is nonresponsive. Such written notification will include a brief explanation as to why the bid is nonresponsive.

Enterprise Services, in its discretion, may waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to Bidders.

Consistent with the Washington State Legislature’s policy goals to reduce barriers to competition and increasing opportunities for small businesses to contract with state agencies, Enterprise Services, in its discretion, may clarify a Bidder’s bid that is in substantial compliance with the instructions. Clarifications are intended to ensure that the bids are complete and can be evaluated fairly.

· REVIEW BIDDER’S REQUIRED BID SUBMITTALS (STEP 1A). Enterprise Services will review each bid to determine whether:

· The bid is complete – i.e., does Bidder’s bid include each of the Required Bid Submittals as stated in Appendix A – Summary Table of All Exhibits & the Required Bid Submittals;

· Bidder’s Required Bid Submittals are complete, consistent with the instructions, signed, and legible; and

· Bidder’s certifications, as provided by Bidder in Bidder’s submitted Exhibit A – Bidder’s Certification, constitute a responsive bid.

· REVIEW MINIMUM REQUIRED PERFORMANCE REQUIREMENTS (STEP 1B). Enterprise Services will review each bid to determine whether Bidder’s Goods/Services and/or Bidder’s performance capability meets the minimum required specifications and/or performance requirements stated in Exhibit D – Contract. Note: Enterprise Services reserves the right to request additional Bidder information or perform tests and measurements before selecting Apparent Successful Bidders. If Bidder fails to provide such requested information to Enterprise Services within five (5) business days, Bidder may be disqualified.

4.3. BID EVALUATION – SCORED FACTORS. Enterprise Services will evaluate and score responsive bids as specified below and as set forth in the referenced exhibits. Note: It is imperative that Bidder’s Required Bid Submittals comply with the instructions set forth in the exhibits.

· COST FACTORS – BID PRICING (STEP 2A). Enterprise Services will evaluate and score Bidder’s cost factors, as provided by Bidder in Bidder’s Exhibit C – Bid Price, as follows:

PRICE OF A STANDARD BUS. The price score is determined from the lowest cost base price comparison, including all standard components from the respective price sheet. The lowest price for each category will receive the maximum of 500 points. Points will be rounded to the nearest whole number using standard rounding rules. Bids with a higher evaluation price will receive proportionately fewer evaluation points based upon the bid with the lowest total evaluation price, using the following formula:

Lowest total bid evaluation price divided by a higher total bid evaluation price (i.e., the bid that is being evaluated) multiplied by the total number of available points.

Example: Lowest Bid Price/bidder’s Proposed Price X Weight = Price Comparison score. Relative Weight = 500 points Price A (Lowest): $600,000 Price B: $630,000 Price C: $660,000 Bidder A (Lowest Bid): (600,000/600,000) × 500 = 1 × 500 = 500 points Bidder B: (600,000/630,000) × 500 ≈ 0.9524 × 500 = 476.19 (476 points) Bidder C: (600,000/660,000) × 500 ≈ 0.9091 × 500 = 454.55 (455 points)

· NON-COST FACTORS (STEP 2B) . Enterprise Services will evaluate and score the specified non-cost factors stated in Exhibit C-2 – Price Sheet (Options only) by evaluating and scoring Bidder’s response – i.e., Bidder’s Goods/Services and/or Bidder’s performance capability that exceeds the stated minimum required performance specifications. Note: Enterprise Services reserves the right to request additional Bidder information or perform tests and measurements before selecting Apparent Successful Bidder(s). If Bidder fails to provide such requested information to Enterprise Services within five (5) business days, Bidder may be disqualified.

OPTIONS. A total of 270 points is available for the options. Option prices will only be evaluated for reasonableness. Each category of options in Exhibit C-2 – Price Sheet is numbered 1-27 (yellow line), carries 10 points regardless of the number of individual options within the category. The score will be determined by the number of options bidders offer proportional to the number of items in the Exhibit C-2 - Price Sheet being evaluated, excluding any options marked as standard or added by any bidders. Points will be rounded to the nearest whole number using standard rounding rules. Options that have no price listed, including those with a quote, “call for price,” or N/A, will not be counted. If the bidder is bidding more than one GVWR category, the points will not be combined.

Examples: Options Category 21 – Storage Options has ten options. If bidder provides all ten, that is 100% of the options category, and bidder gets 10 points. If bidder provides five options, that is 50% of the options category, and bidder gets 5 points. Options Category 6 – Chassis Options has thirty options. If bidder offers all, that is 100% or 10 points. If bidder offers six options, that is 20% or 2 points. If bidder offers seventeen options, that is 57% or 5.7 points, that will be rounded to 6, etc.

4.4. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 3). This Competitive Solicitation is subject to the Washington state procurement priorities and/or preferences stated below (collectively, “Washington Procurement Priorities for Goods/Services Contracts”). Accordingly, Enterprise Services will evaluate Bidder’s bid to determine (a) whether Bidder is requesting to be considered for such Washington Procurement Priorities for Goods/Services Contracts; and (b) whether Bidder’s bid qualifies for such Washington Procurement Priorities for Goods/Services Contracts. Enterprise Services will score qualifying bids and adjust Bidder’s total evaluation score accordingly.

· PROCUREMENT PREFERENCE FOR BIDDER COMPLIANCE WITH EXECUTIVE ORDER 18-03. Enterprise Services will provide a bid preference in the amount of 15 points to Bidders who certify, pursuant to Exhibit A – Bidder’s Certification, that Bidder complies with Executive Order 18-03.

· PROMPT PAYMENT. Enterprise Services will evaluate bids for best value and provide a bid preference in the amount of 15 points to any bidder who certifies pursuant to Exhibit A-1 – Bidder Certification that their firm will offer a Prompt Payment Discount. To be considered for this preference, the Prompt Payment Discount must be for payments within 20 days and a minimum of 0.1% discount.

4.5. RESPONSIBLE BIDDER DETERMINATION (STEP 4). The Washington State Legislature requires that Washington state agencies award contracts for goods/services only to ‘responsible bidders.’ See RCW 39.26.160(2). Accordingly, to be eligible to be considered for a Contract award resulting from this Competitive Solicitation, Enterprise Services must determine that Bidder is a ‘responsible bidder.’ Accordingly, Enterprise Services will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, Enterprise Services will consider the following:

· Bidder’s certifications as provided in Bidder’s Exhibit A – Bidder’s Certification;

· Bidder’s ability, capacity, and skill to perform the Contract or provide the Goods/Services;

· Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

· Bidder’s ability to perform the Contract within the time specified;

· Bidder’s performance quality pertaining to previous contracts or services;

· Bidder’s compliance with laws relating to the Contract or services;

· Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, Bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

· Such other information as may be secured having a bearing on the decision to award a Contract.

In addition, Enterprise Services may consider the following:

· Financial Information: Enterprise Services may request Bidder financial statements, credit ratings, or other financial information necessary to determine Bidder’s capacity to perform and the enforceability of Bidder’s contractual commitments.

· References: Enterprise Services reserves the right to request and/or use references regarding Bidder to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry, and timeliness.

Enterprise Services reserves the right to request bidder responsibility information from Bidder. If Bidder fails to provide such information to Enterprise Services within five (5) business days, Bidder may be disqualified.

4.6. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDERS (STEP 5). Enterprise Services will determine and announce the Apparent Successful Bidders (“ASBs”). The ASBs will be the responsive and responsible Bidders who best meet the Competitive Solicitation requirements and present the best total value based on the evaluation criteria stated above.

· ASB designation does not imply that Enterprise Services will issue a Contract award. Rather, ASB designation allows Enterprise Services to perform further analysis and request additional documentation. Bidders must not construe ASB designation as an award or impending award. If a Bidder acts or fails to act as a result of ASB designation, Bidder does so at its own risk and expense.

· Upon Enterprise Services’ announcement of ASBs, Bidders may request a debrief conference as stated in the Contracting Guide.

4.7. BID INFORMATION AVAILABILITY (STEP 6). Upon Enterprise Services’ announcement of ASBs:

· All bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2).

· Enterprise Services will post all bid evaluations to Enterprise Services’ website. Note: Enterprise Services also intends to post winning bid submissions to its contract portal webpage after Contract awards.

4.8. CONTRACT AWARDS (STEP 7). Subject to protests, if any, Enterprise Services and the ASBs will enter into Contracts in the form provided in Exhibit D – Contract. A Contract award is made, and a contract formed when an awarded Bidder and Enterprise Services sign the Contract. Following Contract awards, Enterprise Services will send a Notice of Award to all Bidders registered in WEBS using Bidder’s email address as provided in Bidder’s WEBS profile.

4.9. ADDITIONAL AWARDS. Enterprise Services reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible Bidders who were not awarded a Contract. Such awards would be on the same or substantially similar terms and conditions and would be designed to address an awarded Contractor vacancy (e.g., an awarded Contractor is terminated or goes out of business), respond to Purchaser needs, or be in the best interest of the State of Washington.

APPENDIX A – SUMMARY TABLE OF ALL EXHIBITS & THE REQUIRED BID SUBMITTALS

This Competitive Solicitation includes each of the exhibits identified below in the Summary Table of All Exhibits & the Required Bid Submittals. The Summary Table also identifies Required Bid Submittals and what actions, if any, Bidders timely must complete as part of a responsive bid submission.

BID

SUBMITTAL

Exhibit A-1 – Bidder’s Certification and Exhibit A-2 – FTA Certifications Identifies the required information that Bidder must provide and states the required Bidder certifications.

Required

Exhibit B-1- Specifications Provides Specifications for a standard bus

Yes Required

Exhibit C-1 – Price Sheet Instructions provides instructions for bidders to complete Exhibit C-2 – Price Sheet

Exhibit C-2 – Price Sheet Provides the template and bid pricing information that Bidders must use to provide bid pricing.

Required

Exhibit D – Contract Provides the Contract form that the awarded Bidders will execute with Enterprise Services.

Bidder must review Exhibit D – Contract and timely submit to the Procurement Coordinator, in writing, any issues pertaining to the Contract terms and conditions during the Question & Answer Period.

Note: Bids that are subject to Contract modifications that Enterprise Services has not agreed to and that Enterprise Services has not included in an amended/revised Exhibit D – Contract, posted to WEBS, will be rejected as nonresponsive.

No

Bidder Contracting Guide for Enterprise Procurement Solution Contracts for Goods and Services Provides Bidder information regarding procurements for Enterprise Procurement Solution Contracts, including how to submit a complaint, debrief conference request, and protest.

Total Cities Including Towns County Customers Districts, Other Enterprise Services Higher Ed (State Agency) Non-Profit Other Govt School Districts State Agency Tribes US States/Territories 11812537 24042894 828939 18882889 1479899 208214 4299490 6633214 72437 352448 1179858 2416416

COMPETITIVE SOLICITATION NO. 04824 -02 – TRANSIT BUSES PAGE 1

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