07621 Competitive Solicitation.pdf

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 1 (Rev 2021-06-30)

STATEWIDE CONTRACT COMPETITIVE SOLICITATION – NO. 07621

A WASHINGTON STATE LEAD WASHINGTON & OREGON COOPERATIVE PROCUREMENT SOLUTION

ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES (I.E., ADA WALK-IN STEP VANS)

INTRODUCTION

The Washington State Department of Enterprise Services (Enterprise Services) is issuing this Competitive Solicitation pursuant to RCW 39.26. Pursuant to this Competitive Solicitation, Enterprise Services intends to conduct a competitive procurement to establish and award multiple Washington Statewide Contracts for Washington state agencies and other eligible purchasers to purchase designated Americans with Disabilities Act (ADA) compliant vans, minivans, and specialty vehicles (collectively, “ADA Walk-In Step Vans”).

This contract is intended to include “ADA Walk-In Step Vans” of various makes and models. It is anticipated that the contract can include models that comply with all Federal Transit Administration (FTA) requirements for the use of federal funds, as well as models that do not comply with all FTA requirements but are ADA compliant for the use of local and state funds that are made available to purchasers.

Washington state agencies and other eligible purchasers have operational needs for various types of ADA Walk-In Step Vans. Accordingly, to provide a cost-effective and efficient competitive procurement solution for Washington state Agencies and other eligible purchasers, including specified entities in the State of Oregon (ORCPP purchasers) to purchase desired ADA Walk-In Step Vans, this Competitive Solicitation is divided into three (3) separate categories, each with eight (8) subcategories of Walk-In Step Vans. All vehicles purchased through the resulting Contract shall be purchased through Enterprise Services’ Contract Automobile Request System (CARS) purchasing platform.

Pursuant to this Competitive Solicitation, Enterprise Services intends to award Contracts for ADA Walk-In Step Vans pursuant to the following categories, as follows:

▪ Category 1 – ADA Vans: Up to three (3) Contracts to the highest scored, responsive, responsible bidders for each subcategory.

▪ Category 2 – ADA Minivans: Up to three (3) Contracts to the highest scored, responsive responsible bidders for each subcategory.

▪ Category 3 – ADA Specialty Vehicles: Up to three (3) Contracts to the highest scored, responsive responsible bidders for each subcategory.

In addition, for each subcategory in each category, Enterprise Services intends to award up to one (1) Contract to the otherwise not awarded, highest scored responsive, responsible bidders who certify pursuant to Exhibit A-1 – Bidder’s Certification as either a Washington Small Business or Certified Veteran- Owned Business.

https://apps.des.wa.gov/CARS/ContractVehicleMenu.aspx

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 2

Bidders may bid on one, multiple, or all subcategories within any Category. Similarly, Bidders may bid on one, multiple, or all Categories.

Total potential Contract awards are summarized in the following table:

ADA WALK-IN STEP VANS TOTAL POTENTIAL CONTRACT AWARDS

CATEGORY SUBCATEGORY CONTRACTS RESERVED CONTRACTS

ADA Vans

Side/Rear Entry

6,000 ‐14,000 GVWR

Electric, Side Entry Up to 3 Up to 1

Electric, Rear Entry Up to 3 Up to 1

Hybrid/Plug-In Hybrid, Side Entry Up to 3 Up to 1

Hybrid/Plug-In Hybrid, Rear Entry Up to 3 Up to 1

Diesel, Side Entry Up to 3 Up to 1

Diesel, Rear Entry Up to 3 Up to 1

Gas, Side Entry Up to 3 Up to 1

Gas, Rear Entry Up to 3 Up to 1

ADA Minivans

Side/Rear Entry

6,000 ‐14,000 GVWR

Electric, Side Entry Up to 3 Up to 1

Electric, Rear Entry Up to 3 Up to 1

Hybrid/Plug-In Hybrid, Side Entry Up to 3 Up to 1

Hybrid/Plug-In Hybrid, Rear Entry Up to 3 Up to 1

Diesel, Side Entry Up to 3 Up to 1

Diesel, Rear Entry Up to 3 Up to 1

Gas, Side Entry Up to 3 Up to 1

Gas, Rear Entry Up to 3 Up to 1

ADA Specialty Vehicles

10,000‐16,000 GVWR

Electric, Side Entry Up to 3 Up to 1

Electric, Rear Entry Up to 3 Up to 1

Hybrid/Plug-In Hybrid, Side Entry Up to 3 Up to 1

Hybrid/Plug-In Hybrid, Rear Entry Up to 3 Up to 1

Diesel, Side Entry Up to 3 Up to 1

Diesel, Rear Entry Up to 3 Up to 1

Gas, Side Entry Up to 3 Up to 1

Gas, Rear Entry Up to 3 Up to 1

This Competitive Solicitation is divided into six (6) sections:

▪ Section 1 provides a summary table of relevant deadlines for responding to the Competitive Solicitation and identifies contact information for Enterprise Services’ Procurement Coordinator.

▪ Section 2 provides important information about the procurement that is designed to help interested bidders evaluate the potential opportunity, including the purpose of the

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 3 procurement and Contracts, the form of the resulting Contract, and potential contract sales.

▪ Section 3 identifies how Enterprise Services will evaluate the bids.

▪ Section 4 identifies how to prepare and submit a bid for this Competitive Solicitation, including detailed instructions regarding what to submit and how to submit your bid.

▪ Section 5 details the applicable requirements to file a complaint, request a debrief conference, or file a protest regarding this Competitive Solicitation.

▪ Section 6 provides information pertaining to doing business with the State of Washington.

In addition, this Competitive Solicitation includes the following Exhibits:

▪ Exhibit A – Required Bidder Information: These exhibits identify information that bidders must provide to Enterprise Services to constitute a responsive bid. See Section 4, below.

o Exhibit A-1 – Bidder’s Certification o Exhibit A-2 – Bidder’s Profile

▪ Exhibit B – Vehicle Specifications: This exhibit outlines the Competitive Solicitation’s required vehicle specifications/qualifications for ADA Walk-In Step Vans.

▪ Exhibit C – Bid Price: These exhibits provide the pricing information that bidders will complete as part of their bid and the price evaluation tool that Enterprise Services will use to evaluate and compare bids for this solicitation. The exhibits are as follows:

o Exhibit C1 – Bid Price for Category 1 – ADA Vans;

o Exhibit C2 – Bid Price for Category 2 – ADA Minivans; and o Exhibit C3 – Bid Price for Category 3 – ADA Specialty Vehicles.

▪ Exhibit D – Contract: This exhibit is a draft of the Contract that any successful bidder will execute with Enterprise Services.

▪ Exhibit E – Bidder’s Catalog/Pricelist: These exhibits provide pricelist for each category/subcategory for which a bidder intends to submit a bid. To be responsive, bidder must complete and submit a completed pricelist for each subcategory that that bidder bids. This completed pricelist becomes part of any resulting Contract for that category/subcategory.

o Exhibit E1 – Bidder’s Pricelist for ADA Vans. Bidders who are bidding on any subcategory within Category 1 - ADA Vans are required to submit a completed Exhibit E1 – Bidder’s Pricelist for ADA Vans for any subcategory within Category 1 that bidder is bidding. Bidders who do not submit a complete Exhibit E1 - Bidder’s Pricelist for ADA Vans for any subcategory that bidder is bidding may be deemed nonresponsive. The pricelist for Category1 - ADA Vans contains (8) tabs with one tab corresponding to each subcategory within Category 1 - ADA Vans. Inside each subcategory tab bidders must list base vehicle’s description / year, base vehicle’s pricing, vehicle options descriptions, vehicle options pricing and the percent discount off total vehicle price that bidder is offering per subcategory. Bidders must include all base vehicles and all vehicle options that, if awarded a Contract, bidder intend to sell on such Contract through Enterprise Services’ Contract Automobile Request System (CARS) vehicle procurement platform.

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 4 o Exhibit E2 – Bidder’s Pricelist for ADA Minivans. Bidders who are bidding on any subcategory within Category 2 - ADA Minivans are required to submit a completed Exhibit E2 – Bidder’s Pricelist for ADA Minivans for any subcategory within Category 2 that bidder is bidding. Bidders who do not submit a complete Exhibit E2 – Bidder’s Pricelist for ADA Minivans for any subcategory that bidder is bidding may be deemed nonresponsive. The pricelist for Category 2 - ADA Minivans contains (8) tabs with one tab corresponding to each subcategory within Category 2 - ADA Minivans. Inside each subcategory tab bidders must list base vehicle’s description / year, base vehicle’s pricing, vehicle options descriptions, vehicle options pricing, and the percent discount off total vehicle price that bidder is offering per subcategory. Bidders must include all base vehicles and all vehicle options that, if awarded a Contract, bidder intend to sell on such Contract through Enterprise Services’ Contract Automobile Request System (CARS) vehicle procurement platform.

o Exhibit E3 – Bidder’s Pricelist for ADA Specialty Vehicles. Bidders who are bidding on any subcategory within Category 3 - ADA Specialty Vehicles are required to submit a completed Exhibit E3 – Bidder’s Pricelist for ADA Specialty Vehicles for any subcategory within Category 3 that bidder is bidding. Bidders who do not submit a complete Exhibit E3 – Pricelist for ADA Specialty Vehicles for any subcategory that bidder is bidding may be deemed nonresponsive. The pricelist for Category 3 - ADA Specialty Vehicles contains (8) tabs with one tab corresponding to each subcategory within Category 3 - ADA Specialty Vehicles.

Inside each subcategory tab bidders must list base vehicle’s description / year, base vehicle’s pricing, vehicle options descriptions, vehicle options pricing, and the percent discount off total vehicle price that bidder is offering per subcategory.

Bidders must include all base vehicles and all vehicle options that, if awarded a Contract, bidder intend to sell on such Contract through Enterprise Services’ Contract Automobile Request System (CARS) vehicle procurement platform.

▪ Exhibit F – Bidder’s Contract Issues List: This exhibit outlines bidder’s issues, if any, and bidder’s proposed resolution/solution if bidder has any business concerns with the form of Exhibit D – Contract to be awarded. Note, however, that Enterprise Services reserves the right not to modify the Contract and to award the Contract on the basis of a bidder’s willingness to agree to the Contract.

▪ Exhibit G – Bidder’s Diverse Business Inclusion Plan – Subcontractors: This document is a required bid submittal if bidder intends to utilize subcontractors if awarded a Contract. If so, bidder must complete Exhibit G – Bidder’s Diverse Business Inclusion Plan – Subcontractors as instructed therein and submit it with the bid to Enterprise Services.

SECTION 1 – DEADLINES, QUESTIONS, PROCUREMENT COORDINATOR, AND MODIFICATION

This section identifies important deadlines for this Competitive Solicitation, where to direct questions regarding the Competitive Solicitation, and the process for potential amendments or modifications to the Competitive Solicitation.

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

https://apps.des.wa.gov/CARS/ContractVehicleMenu.aspx

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 5

COMPETITIVE SOLICITATION DEADLINES

ITEM DATE

Competitive Solicitation Posting Date:

Friday, March 24, 2023

Pre-Bid Conference:

Tuesday, April 11, 2023, 10:00 a.m.–11:00 a.m.

(Pacific Time)

Virtual Pre-Bid Conference Attend via Microsoft Teams meeting:

Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 228 549 499 90 Passcode: fXg7Pu Download Teams | Join on the web Or call in (audio only) +1 564-999-2000,,535221538# United States, Olympia

(833) 322-1218,,535221538# United States (Toll-free) Phone Conference ID: 535 221 538# Find a local number | Reset PIN Learn More | Meeting options

Question & Answer Period:

Friday, March 24, 2023-Thursday, May 18, Deadline for submitting Bids: Friday, May 26, 2023

Anticipated Announcement of Apparent Successful Bidders:

Monday, June 26, 2023

Anticipated Award of Contracts:

Tuesday, August 1, 2023

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

Procurement Coordinator

Name: Shapoor Naveed

Email: DESContractsTeamMaple@des.wa.gov

Questions raised at the pre-bid conference and during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS).

1.3. COMPLAINTS, DEBRIEFS, & PROTESTS. The Competitive Solicitation (and award of any Contract) is subject to complaints, debriefs, and protests as explained in Section 5, which may impact the dates set forth above.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_NzgyYWRiYzctNDE2OS00YTM3LWJiZDItNTE3NmVmNDk3NmE1%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%226e9e2410-3b03-47ee-a0d1-77b3a2fba0b8%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+15649992000,,535221538# tel:8333221218,,535221538# https://dialin.teams.microsoft.com/811a9140-4f87-4b3b-b4e5-c0df12d33f3f?id=535221538 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=6e9e2410-3b03-47ee-a0d1-77b3a2fba0b8&tenantId=11d0e217-264e-400a-8ba0-57dcc127d72d&threadId=19_meeting_NzgyYWRiYzctNDE2OS00YTM3LWJiZDItNTE3NmVmNDk3NmE1@thread.v2&messageId=0&language=en-US mailto:DESContractsTeamMaple@des.wa.gov

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 6

1.4. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. Enterprise Services reserves the right to amend and modify this Competitive Solicitation. Only bidders who have properly registered and downloaded the original Competitive Solicitation directly via the Washington Electronic Business Solution (WEBS) will receive notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Bidders must be registered in WEBS to be awarded a Contract. Visit WEBS to register.

SECTION 2 – INFORMATION ABOUT THE PROCUREMENT

This section describes the purpose of the Competitive Solicitation and provides information about this procurement, including the potential scope of the opportunity.

2.1. PURPOSE OF THE PROCUREMENT – AWARD CONTRACTS. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award multiple Contracts for ADA Walk-In Step Vans. Enterprise Services intends to award Contracts by designated subcategory as described above.

a. STATEWIDE CONTRACTS. Enterprise Services has statewide responsibility to develop specified enterprise procurement solutions including ‘statewide contracts’ for goods and services. A Statewide Contract (Contract) is a contract for specific goods and/or services that is competitively solicited and established by Enterprise Services, on behalf of the State of Washington, for use by statutorily specified eligible purchasers (see below).

Typically, such purchasers use our Contracts through a purchase order, work order, or similar document. The Contract is designed to function as a ‘procurement bridge’ between innovative vendors who have bid and won a competitive solicitation to supply goods/services and eligible purchasers who wish to purchase such goods/services pursuant to pre-determined, clear, consistent, easy to use, value-added Contracts. In short, the Contract will establish precisely what goods/services may be purchased, the relevant performance requirements for such goods/services as well as the vendor’s contractual performance, and the applicable price for such goods/services. Purchaser-specific purchase orders will specify, for example, the particular volume of goods/services, the Purchaser’s delivery location, etc.

b. CONTRACT USERS – ELIGIBLE PURCHASERS. Any resulting Contract from this Competitive Solicitation will be available for use by the following entities, each of whom is an eligible purchaser (“Purchasers”):

▪ WASHINGTON STATE AGENCIES. All Washington State agencies, departments, offices, divisions, boards, and commissions.

▪ WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any of the following specific institutions of higher education 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.

https://fortress.wa.gov/ga/webs

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 7

▪ CONTRACT USAGE AGREEMENT PARTIES. Any resulting Contract also may be utilized by any of the following types of entities that have executed a Contract Usage Agreement (CUA) with Enterprise Services:

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

▪ Federal governmental agencies or entities;

▪ Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and

▪ Federally-recognized Indian Tribes located in the State of Washington.

Enterprise Services maintains a list of eligible CUA parties on the CUA Listing website.

▪ ORCPP. The Contract also will be available for use by the Oregon Cooperative Purchasing Program (ORCPP). Accordingly, awarded bidders must service all eligible purchasers in Washington and in Oregon. Bidders must plan and bid accordingly.

While Contract usage is optional for Purchasers other than Washington State agencies, these entities can increase Contract use significantly. All Purchasers are subject to the same contract terms, conditions, and pricing as Washington State agencies.

2.2. CONTRACT. The form of the Contract that will be awarded as a result of this Competitive Solicitation is attached as Exhibit D – Contract.

2.3. CONTRACT TERM. As set forth in the attached Contract for this Competitive Solicitation, the initial phase of the Contract term is thirty-six (36) months; Provided, however, that the Contract shall extend for an additional twenty-four (24) months if the awarded contractor meets the performance goals set forth in the Contract. The Contract is subject to earlier termination.

2.4. ESTIMATED SALES. Historically, for prior contracts, annual total sales were approximately $1,100,000 for ADA Walk-In Step Vans among all eligible Purchasers. Total potential or estimated contract sales for this Competitive Solicitation are not known. As stated in this Competitive Solicitation, however, the resulting Contract 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. Although Enterprise Services does not represent or guarantee any minimum purchase from the Contract, prior purchases under a similar contract are set forth in the following chart:

Purchasers Total Purchases by % Total Contract Sales

ENTERPRISE SERVICES DEPT OF 48.61% $2,647,889.00

KING CO METRO 13.11% $713,928.00

BELLINGHAM CITY OF 2.47% $134,644.00

CHELAN DOUGLAS CO LINK TRANSIT 2.47% $134,583.00

PULLMAN CITY OF 2.41% $131,146.00

KLICKITAT CO 2.24% $121,938.00

UNKNOWN 2.19% $119,384.00

SOCIAL & HEALTH SERV DEPT OF 2.15% $117,075.00

RAINIER SCH DIST 307 1.96% $106,678.00

OKANOGAN COUNTY TRANSIT AUTHORITY 1.94% $105,920.00

https://apps.des.wa.gov/DESContracts/Home/MCUAListing https://www.oregon.gov/DAS/Procurement/Pages/Index.aspx

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 8

SEATTLE CITY OF 1.65% $89,710.00

SPOKANE REGIONAL TRANSPORTATION 1.51% $82,343.00

AGING & HUMAN SERV-COUNCIL ON 1.46% $79,652.00

SKAGIT TRANSIT SYSTEM 1.27% $68,996.00

KENT CITY OF 1.25% $68,077.00

NACHES VALLEY SCH DIST 3 1.19% $64,679.00

CHEHALIS SCH DIST 302 1.14% $61,872.00

MORTON SCH DIST 214 1.13% $61,481.00

MONTANA STATE OF 1.12% $60,944.00

ORCAS ISLAND SCH DIST 137 1.09% $59,538.00

UPPER SKAGIT INDIAN TRIBE 1.06% $57,475.00

ISLAND TRANSIT 1.05% $57,161.00

ALDERWOOD WATER DIST 1.05% $57,136.00

COLVILLE CONFEDERATE TRIBES 1.01% $54,954.00

ALASKA STATE OF 0.96% $52,206.00

PEOPLE FOR PEOPLE 0.89% $48,514.00

CORRECTIONS DEPT OF 0.85% $46,239.00

HOPE SOURCE 0.78% $42,500.00

Grand Total 100% $5,446,662.00

Purchaser 2017 2018 2019 2020 2021 2022 Grand Total

AGY $46,239 $52,614 $64,461 $163,314

ASC $79,652 $79,652

CIT $157,976 $68,077 $62,880 $134,644 $423,577

COU $835,866 $105,920 $941,786

CUS $0 $0 $119,384 $0 $0 $119,384

DIS $191,719 $126,157 $317,876

GA $56,734 $84,764 $504,081 $1,606,648 $395,662 $2,647,889

NON $42,500 $48,514 $91,014

OTH $82,343 $82,343

SCH $106,678 $188,032 $59,538 $354,248

TRI $54,954 $57,475 $112,429

US $52,206 $60,944 $113,150

Grand Total $136,386 $1,365,031 $1,001,235 $1,992,215 $827,796 $123,999 $5,446,662

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. Enterprise Services will apply the following Washington State procurement priorities and preferences to this Competitive Solicitation which, as set forth in Section 3.5, will impact the evaluation of bids for this Competitive Solicitation:

▪ Executive Order 18-03: 50 Points

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 9

SECTION 3 – BID EVALUATION

This section identifies how Enterprise Service will evaluate bids for this Competitive Solicitation.

3.1. OVERVIEW. Enterprise Services will evaluate bids for this Competitive Solicitation as described below.

▪ Bidder responsiveness, performance requirements, price factors, and responsibility, will be evaluated based on the process described herein.

▪ Any bidder whose bid is determined to be non-responsive will be rejected and will be notified of the reason(s) for this rejection.

▪ Enterprise Services reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof;

(4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or

(6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

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

STEP ITEM POINTS

Bid Responsiveness

1 Bid Responsiveness Pass/Fail

2 Exhibit B – Vehicle Specifications Pass/Fail

Bid Evaluation

3A Bid Price Exhibit C – Bid Price (Bidder’s Bid Margin)

Subtotal: 1000

State Procurement Priorities

3B Executive Order 18-03 50

Total: 1050

Responsible Bidder

4 Bidder Responsibility Analysis Pass/Fail

Contract Negotiations

5 Contract Negotiations N/A

3.2. BID RESPONSIVENESS (STEP 1). Enterprise Services will review bids – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that Enterprise Services will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible.

Enterprise Services reserves the right – in its sole discretion – to determine whether a bid is

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 10 responsive – i.e., to determine a bidder’s compliance with the requirements specified in this Competitive Solicitation and to 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. Responsive bids will be evaluated as set forth herein.

3.3. VEHICLE SPECIFICATIONS EVALUATION (STEP 2). Enterprise Services will evaluate each bid to ensure that each bidder’s goods and/or services meet the specifications set forth in Exhibit B – Vehicle Specifications. Enterprise Services reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested information to Enterprise Services within ten (10) business days may result in disqualification.

3.4. BID PRICING EVALUATION (STEP 3A). Enterprise Services will evaluate bid pricing by reviewing and comparing the submitted bid prices as provided in Exhibit C – Bid Price.

▪ Enterprise Services will evaluate each sub-category (8) to identify up to three (3) highest scored responsive, responsible bidders. Each sub-category will have a total of 1,000 points.

i. Enterprise Services will evaluate bid submissions to identify the lowest total discounted vehicle price based off the vehicle configuration scenarios provided in Exhibit C – Bid Price. A bidder’s total discounted price will be used as a basis for determining their point value. The bidder(s) that submit the lowest total vehicle discounted price will receive 800 points. Bids with a higher total vehicle discounted price will receive a proportionately lesser number of evaluation points based upon the lowest bid. A Bidder’s summited total vehicle discounted price for each vehicle configuration scenario per subcategory must be consistent with prices contained in bidder’s submitted Exhibit E – (Bidder’s Pricelist).

ii. 200 points will be determined by the bidder’s percent discount off total vehicle cost presented in Exhibit C – Bid Price. The bidder who submits the highest discount off total vehicle cost (per subcategory) will receive 200 points. Bidders with a lower percent discount off total vehicle cost (per subcategory) will receive a proportionately lesser number of evaluation points based upon the highest bid.

The percent discount off total vehicle cost (per subcategory) provided in the bidder's response to Exhibit C -Bid Price will remain fixed throughout the Contract’s term.

▪ Example Bid Calculation: Total Discounted Vehicle Price (800 Points Possible)

▪ $45,232 (Bidder A) / $48,280 (Bidder B) X 800 (Points Possible) = 749 o Bidder A is the lowest Total Discounted Vehicle Price ($45,232) so they are assigned 800 points. Bidder B ($48,280) will be assigned 749 points based on the formula above.

▪ Example Bid Calculation: % Discount Off Total Vehicle Cost (200 Points Possible)

▪ 12% (Bidder A) / 15% (Bidder B) X 200 (Points Possible) = 160

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 11 o Bidder B is the highest % Discount Off Total Vehicle Cost (15%) so they are assigned 200 points. Bidder A (12%) will be assigned 160 points based on the formula above.

▪ Example Bid Calculation: Total Sub-category Score:

▪ Bidder (A): 800 + 160 = 960 Total Subcategory Score

▪ Bidder (B): 749 + 200 = 949 Total Subcategory Score o Bidder A would be selected as the highest scoring bidder per Category 2 - ADA Minivans / Subcategory 1: Electric, Side Entry

3.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 3B). Enterprise Services will apply the following Washington State procurement priorities and preferences, as set forth below, to this Competitive Solicitation:

▪ PROCUREMENT PREFERENCE FOR EXECUTIVE ORDER 18-03 (Firms without Mandatory Individual Arbitration for Employees). Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), Enterprise Services will evaluate bids for best value and will provide a bid preference in the amount of 50 points to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

3.6. BIDDER RESPONSIBILITY ANALYSIS (STEP 4). For responsive bids, Enterprise Services must determine whether the 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 statutory elements:

▪ Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

▪ 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 the Contract.

See RCW 39.26.160(2)(a)-(g). In addition, Enterprise Services may consider the following:

https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717 https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 12

▪ Financial Information: Enterprise Services may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

▪ References: Enterprise Services reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

3.7. CONTRACT NEGOTIATIONS (STEP 5). Enterprise Services may negotiate with the highest scored responsive, responsible bidder(s) (Top Bidder) to finalize the Contract and to determine if the bid may be improved. If, after a reasonable period of time, Enterprise Services, in its sole judgement, cannot reach agreement on acceptable Contract terms with the Top Bidder, Enterprise Services may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

3.8. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDERS. Enterprise Services will determine the Apparent Successful Bidders (“ASBs”). The ASBs will be the responsive and responsible bidders that best meet the Competitive Solicitation requirements and presents the best total value, including price, as calculated consistent with the instructions set forth in Exhibit C – Bid Price, and other factors as set forth in this Competitive Solicitation including any applicable state procurement priority or preference.

▪ Designation as an ASB does not imply that Enterprise Services will issue an award for a Contract. Rather, this designation allows Enterprise Services to perform further analysis and ask for additional documentation. Bidders must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

▪ Upon ASB announcement, bidders may request a debrief conference as specified in Section 5.

3.9. AWARD OF CONTRACTS. Subject to protests, if any, Enterprise Services and the ASBs will enter into Contracts as set forth in Exhibit D – Contracts. An award is made and a contract formed by signature of Enterprise Services and awarded bidder on the Contract. Following the Contract awards, all bidders registered in WEBS will receive a Notice of Award delivered to the bidder’s email address provided in the bidder’s profile in WEBS.

3.10. BID INFORMATION AVAILABILITY. Upon Enterprise Services’ announcement of ASB, 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). Upon Enterprise Services’ announcement of ASB, Enterprise Services will post all bid evaluations to Enterprise Services’ website. In addition, Enterprise Services intends to post all winning bid submissions to its contract portal webpage after the Contracts are awarded.

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3.11. ADDITIONAL AWARDS. Enterprise Services reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible bidders who provided a bid but 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.

SECTION 4 – HOW TO PREPARE AND SUBMIT A BID FOR THIS COMPETITIVE SOLICITATION

This section identifies how to prepare and submit your bid to Enterprise Services for this Competitive Solicitation. In addition, bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that bidders must provide to Enterprise Services to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, bidders acknowledge having read and understood the entire Competitive Solicitation and accept all information contained within this Competitive Solicitation.

4.1. PRE-BID CONFERENCE. Enterprise Services will host a Competitive Solicitation pre-bid conference at the time set forth in Section 1.1 of this Competitive Solicitation. Attendance is not mandatory.

Bidders, however, are encouraged to attend and participate. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have. If changes to the Competitive Solicitation are required as a result of the pre-bid conference, the Procurement Coordinator will post an amendment to this Competitive Solicitation to WEBS. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

4.2. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator specified in Section 1.2 of this Competitive Solicitation.

Bidders should rely only on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding.

▪ Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow Enterprise Services to consider and, if warranted, respond to the inquiry. If a bidder does not notify Enterprise Services of an issue, exception, addition, or omission, Enterprise Services may consider the matter waived by the bidder for protest purposes.

▪ If bidder inquiries result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

▪ Unauthorized contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in bidder disqualification.

4.3. PRICING. Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this Competitive Solicitation. See Exhibit C – Bid Price. A bidder’s failure

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 14 to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

▪ Inclusive 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 and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

▪ Credit Cards (P-Cards): In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be the same regardless of whether Purchasers make payment by cash, credit card, or electronic payment. Bidder shall bear, in full, any processing or surcharge fees associated with the use of credit cards or electronic payment.

▪ Vendor Management Fee: The resulting Contract from this Competitive Solicitation will include a Vendor Management Fee as specified in the Contract attached as Exhibit D – Contract.

4.4. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to Enterprise Services to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders may not provide unsolicited materials. For any supplemental materials expressly required by Enterprise Services in writing, bidders must identify such supplemental materials with the bidder’s name.

EXHIBIT A-1 – BIDDER’S CERTIFICATION

This document is the Bidder’s Certification. The bidder must complete the certification, along with any exceptions or required explanations, and submit it with the bid to Enterprise Services.

Note: the Certification must be complete. Where there are choices, bidder must check a box. The certification must be signed and submitted by a duly authorized representative for the bidder.

EXHIBIT A-2 – BIDDER’S PROFILE

This document is required bidder information for Enterprise Services’ contract administration purposes.

Complete as instructed and submit it with the bid to Enterprise Services.

EXHIBIT B – VEHICLE SPECIFICATIONS

Bidder will need to confirm that bidder’s goods and/or services and/or bidder’s performance meets or exceeds the detailed specifications/qualifications set forth in Exhibit B – Vehicle Specifications and submit it with the bid to Enterprise Services.

EXHIBIT C – BID PRICE: Bidder is required to complete the price worksheets tool as instructed in below exhibits and submit them with their bid to Enterprise Services:

o Exhibit C1 – Bid Price for ADA Vans;

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 15 o Exhibit C2 – Bid Price for ADA Minivans; and o Exhibit C3 – Bid Price for ADA Specialty Vehicles.

EXHIBIT E – BIDDER’S CATALOG / PRICE LIST: Bidder is required to complete pricelist tool as instructed in below exhibits and submit them with their bid to Enterprise Services:

o Exhibit E1 - Bidder’s Pricelist for ADA Vans o Exhibit E2 - Bidder’s Pricelist for ADA Minivans o Exhibit E3 - Bidder’s Pricelist for ADA Specialty Vehicles

EXHIBIT F – BIDDER’S CONTRACT ISSUES LIST (if any) This document is a required bid submittal IF bidder has business issues with the Contract attached as Exhibit D – Contract. If so, bidder must complete Exhibit F – Bidder’s Contract Issues List as instructed therein and submit it with the bid to Enterprise Services.

EXHIBIT G – BIDDER’S DIVERSE BUSINESS INCLUSION PLAN – SUBCONTRACTORS

This document is a required bid submittal IF bidder intends to utilize subcontractors if awarded a Contract. If so, bidder must complete as instructed therein and submit it with the bid to Enterprise Services.

4.5. BID FORMAT. Bids 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, documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or electronic signature.

4.6. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to DESContractsTeamMaple@des.wa.gov . Enterprise Services’ email only can accept emails (including attachments) that total less than 30MB in size. Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted.

SECTION 5 – COMPLAINT, DEBRIEF, & PROTEST REQUIREMENTS

This section details the applicable requirements for complaints, debriefs, and protests.

5.1. COMPLAINTS. This Competitive Solicitation offers a complaint period for bidders wishing to voice objections to this Competitive Solicitation. The complaint period ends five (5) business days before the bid due date. The complaint period is an opportunity to voice objections, raise concerns, or suggest changes that were not addressed during the Question & Answer Period or, if applicable, at the Pre-Bid Conference. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. Enterprise Services will consider all complaints, but is not required to adopt a complaint, in part or in full. If bidder complaints result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

a. CRITERIA FOR COMPLAINT. A complaint may be based only on one or more of the following grounds: (a) The Competitive Solicitation unnecessarily restricts competition; (b) The mailto:DESContractsTeamMaple@des.wa.gov

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Competitive Solicitation evaluation or scoring process is unfair or flawed; or (c) The Competitive Solicitation requirements are inadequate or insufficient to prepare a response.

b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than five (5) business days prior to the deadline for bid submittal; and (b) Be in writing (see Form and Substance, and Other below). A complaint should clearly articulate the basis of the complaint and include a proposed remedy.

c. RESPONSE. When a complaint is received, the Procurement Coordinator (or designee) will consider all the facts available and respond in writing prior to the deadline for bid submittals, unless more time is needed. Enterprise Services is required to promptly post the response to a complaint on WEBS.

d. RESPONSE IS FINAL. The Procurement Coordinator’s response to the complaint is final and not subject to administrative appeal. Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator prior to bid submittal may be deemed to be waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a bidder and Enterprise Services, through its Procurement Coordinator, to meet and discuss the bidder’s bid (and, as further explained below, is a necessary prerequisite to filing a protest). Following bid evaluation, Enterprise Services will issue an ASB announcement. The ASB announcement may be made by any means, but Enterprise Services likely will use email to the bidder’s email address provided in the Bidder’s Profile. Bidders will have three (3) business days to request a Debrief Conference, if desired. If a Debrief Conference is timely requested, Enterprise Services will offer the requesting bidder one meeting opportunity and notify the bidder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, Enterprise Services likely will schedule the Debrief Conference shortly after the ASB announcement and the bidder’s request for a Debrief Conference. Enterprise Services will not allow the debrief process to delay the Contract award. Accordingly, bidders should plan for contingencies and alternate representatives. Bidders who wish to protest must first participate in a Debrief Conference.

Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. A Debrief Conference is a required prerequisite for a bidder to file a protest.

a. TIMING. A Debrief Conference may be requested by a bidder following the Apparent Successful Bidder (ASB) announcement.

b. PURPOSE OF DEBRIEF CONFERENCE. Any bidder who has submitted a timely bid may request a Debrief Conference (see also Section 5.4, below). A Debrief Conference provides an opportunity for the bidder to meet with Enterprise Services to discuss bidder’s bid and evaluation. It does not provide an opportunity to discuss other bids and evaluations.

c. REQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after ASB announcement. Debrief conferences may be conducted either in person at the Enterprise Services offices in Olympia, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by Enterprise Services, and may be limited by Enterprise Services to a specified period of time. A bidder’s failure to request a Debrief Conference within the specified time and

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 17 attend the Debrief Conference constitutes a waiver of the right to submit a protest. Any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator before or during the Debrief Conference may be deemed waived for protest purposes.

5.3. PROTESTS. Following a Debrief Conference, a bidder may protest the award of a Contract.

a. CRITERIA FOR A PROTEST. A protest may be based only on one or more of the following:

(a) Bias, discrimination, or conflict of interest on the part of an evaluator; (b) Error in computing evaluation scores; or (c) Non-compliance with any procedures described in the Competitive Solicitation.

b. INITIATING A PROTEST. Any bidder may protest an award to the ASB. A protest must: (a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting bidder’s Debrief Conference (see also Section 5.4, below); (b) Be in writing; (c) Include a specific and complete statement of facts forming the basis of the protest; and (d) Include a description of the relief or corrective action requested.

c. PROTEST RESPONSE. After reviewing the protest and available facts, Enterprise Services’ Protest Officer will issue a written response within ten (10) business days from receipt of the protest, unless additional time is needed.

d. DECISION IS FINAL. The protest decision is final and not subject to administrative appeal. If the protesting bidder does not accept Enterprise Services’ protest response, the bidder may seek relief in Thurston County Superior Court.

5.4. COMMUNICATION DURING COMPLAINTS, DEBRIEFS, AND PROTESTS. With the exception of protests, all communications about this Competitive Solicitation, including complaints and debriefs, must be addressed to the Procurement Coordinator unless otherwise directed. Protests must be addressed to the Protest Officer.

a. FORM, SUBSTANCE, & OTHER. All complaints, debrief conference requests, and protests must:

i. Be in writing;

ii. Be signed by the complaining, requesting, or protesting bidder or an authorized agent;

iii. Be delivered within the time frame(s) outlined herein;

iv. Identify the Competitive Solicitation number;

v. Conspicuously state “Complaint,” “Debrief,” or “Protest” in any subject line of any correspondence or email; and

vi. Be sent to the address identified below.

b. COMPLAINTS & PROTESTS. All complaints and protests must (a) State all facts and arguments on which the complaining or protesting bidder is relying as the basis for its action; and

(b) Include any relevant documentation or other supporting evidence.

5.5. HOW TO CONTACT ENTERPRISE SERVICES.

a. TO SUBMIT A COMPLAINT. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Complaint” in the subject line of the email message. Alternatively, mail the complaint

COMPETITIVE SOLICITATION NO. 07621 – ADA COMPLIANT VANS, MINIVANS, & SPECIALTY VEHICLES PAGE 18 to the Procurement Coordinator listed in this Competitive Solicitation at the following address:

Attn: Procurement Coordinator – Complaint Contracts & Procurement Division Washington State Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411

b. TO REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above).