1-25-728 Article 00 InstructionsToProposers.pdf

Article 00: Instructions to GC/CM Proposers

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ARTICLE 00: INSTRUCTIONS TO GC/CM PROPOSERS

0.1 Explanation to Prospective Proposers

Any prospective proposer desiring an explanation or interpretation of the solicitation, specifications, RFQ/RFP, etc., must make a request in writing to the Facility Professional Services project manager identified in the RFQ, no later than seven (7) days before the submittal due date. Oral explanations or instructions given before the award of a contract will not be binding. Any information given to a prospective proposer concerning a solicitation will be furnished promptly to all other prospective proposers as an addendum to the solicitation if the information is necessary to submitting bids or if the lack of it would be prejudicial to other prospective proposers.

0.2 Preparation of Bids

A. The short listed finalists shall include the following in their bid:

• GC/CM Fee percentage

• Specified General Conditions (SGC)

B. INFORMATIONAL ONLY: The Total Contract Cost (TCC) contract for construction will include:

• The negotiated MACC

a. The Cost of the Work

b. Negotiated support services (NSS)

• The GC/CM fee percentage applied to the MACC

The estimated MACC is to facilitate the GC/CM selection process and throughout the design process. The negotiated MACC shall be determined by negotiation between the selected GC/CM firm and the Owner during the design process, but no earlier than 90% design completion.

The bid provided by the GC/CM finalists will become part of the criteria used to evaluate final proposals. The Owner shall proceed to negotiate a contract for construction with the responsible firm with the best combined proposal and price.

0.3 Form of Final Proposal

The proposer shall not make any other entries, modifications, or qualifications to the Final Proposal form. Failure to comply in full shall be grounds for the bid being declared non-responsive.

The proposer shall complete all other required information on the Final Proposal form, including signature in ink by an authorized official of the firm. Failure to complete the GC/CM Request for Final Proposal (RFFP) form in full may result in a bid being declared non-responsive. Please reference Request for Proposals in Attachment 2

DES will use Euna Procurement for receiving Final Proposals. Finalists shall submit their Final Proposals electronically using the GC/CM RFFP form in PDF format. The Final Proposals must be uploaded and received by the Department of Enterprise Services (date/time stamped by Euna Procurement) no later than 2:00 PM PT on Tuesday, April 7, 2026.

0.4 Bid Guarantee

The proposer shall furnish a bid guarantee in the form of a firm commitment, such as a bid bond, postal money order, certified check or cashier’s check, payable to the Washington

State Treasurer, in an amount equal to at least 5% of the Pre-construction Services (Lump Sum) estimated by the time set for receiving the bid. Proposers shall use an assumed amount of $200,000 for Pre-construction Services unless otherwise provided through Addendum prior to bid. If the proposer fails to furnish a bid guarantee, the bid will be determined non-responsive. The Owner will return bid guarantees other than bid bond, which becomes the property of the Owner.

The proposer will allow the Owner 60 days for acceptance of its bid. The proposer will submit an executed contract within fifteen (15) days after receipt of the contract forms from the Owner. Upon successful completion of the MACC negotiation, the GC/CM shall submit an insurance certificate and payment and performance bond.

The Owner may terminate the award of the contract if the apparent successful proposer fails to execute all contractual documents or provide a bond and insurance as required by the solicitation within the time specified.

In the event a proposer discovers an error in its bid following submission of its bid to the Owner, the proposer may request to withdraw its bid under the following conditions:

• Submittal of timely written notification of the proposer's intent to withdraw the bid due to an error.

• The proposer must provide documentation of the claimed error to the satisfaction of the Owner.

• The Owner will approve or disapprove the request for withdrawal of the bid in writing. If the proposer's request for withdrawal of its bid is approved, the proposer will be released from further obligation to the State of Washington.

0.5 Acknowledgment of Addenda to Invitations for Bids

The proposer shall acknowledge receipt of any addenda to this solicitation by identifying the addenda numbers and dates in the space provided for this purpose on Attachment 3, the GCCM RFFP form. Failure to acknowledge addenda may result in the bid being declared non-responsive.

0.6 Site Investigation and Conditions Affecting the Work

The GC/CM acknowledges that it has taken steps necessary to ascertain the nature and location of the work, and that it has investigated and satisfied itself to the general and local conditions which can affect the work or its cost, including but not limited to:

• Conditions bearing upon transportation, disposal, handling and storage of materials.

• The availability of labor, water, electric power and road.

• Uncertainties of weather, river stages, tides or similar physical conditions at the site.

• The conformation and conditions of the grounds.

• The character of equipment and facilities needed preliminary to and during the work.

The GC/CM also acknowledges that it has satisfied itself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site. Any failure of the GC/CM to take the actions described and acknowledged in this paragraph will not relieve the GC/CM from responsibility for estimating properly the difficulty and cost of successfully performing the work.

0.7 Taxes

The bid amount shall not include Washington State Sales Tax (WSST) on the total submitted bid. All other taxes imposed by law, including B&O taxes, shall be included in the bid amount. The calculation of B&O taxes is based on the estimated Maximum Allowable Construction Cost (MACC). The Owner will include WSST in progress payments. The GC/CM shall pay the WSST to the Department of Revenue and shall furnish proof of payment to the Owner upon request.

0.8 Diverse Business Inclusion Plan and Participation

To be considered responsive, Finalists must submit a Diverse Business Inclusion Plan

(Attachment 6) with their Final Proposal.

DES Diversity Compliance Program. The successful Proposer is required to register and create an account in the DES Diversity Compliance Program (B2Gnow) at https://des.diversitycompliance.com. Every month for the duration of the contract, and while the contract is active in the B2Gnow system, submit and accurately maintain the following payment information through B2Gnow:

1. Payments received by the prime contractor from the Agency

2. Payments paid to each subcontractor

3. Payments paid to each supplier

0.9 Apprenticeship Requirement

Apprenticeship participation requirement shall be 15% of the total labor hours.

In accordance with RCW 39.04 the State of Washington requires Apprenticeship Participation for projects of a certain cost. On applicable projects the bid advertisement and GC/CM RFFP form shall establish a minimum required percentage of apprentice labor hours compared to the total labor hours. Proposers may contact the Department of Labor and Industries, Specialty Compliance Services Division, Apprenticeship Section, P.O. Box 44530, Olympia, WA 98504-4530, or by phone (360) 902-5320 to obtain information on available apprenticeship programs.

The selected GC/CM shall determine the best method of obtaining apprentice participation and shall provide an apprentice utilization plan for Owner review and approval prior to proceeding with the buy-out phase of the project. The selected GC/CM shall submit a monthly status update with each monthly invoice. Status shall show actual utilization progress compared to the GC/CM apprentice utilization plan on file. Please see Article 7 for further information on Apprenticeship Utilization requirements.

The GC/CM’s performance in meeting the apprentice requirement for this project will be evaluated and may be considered when selecting GC/CMs for future projects.

0.10 Submission of Bids

Finalists must submit proposals before the time shown on the GC/CM RFFP form via Euna Procurement.

Any modification to the price proposal shall be completed via Euna Procurement prior to 2:00 PM PT on Tuesday, May 5, 2026.

A bid will be considered responsive if it meets the following requirements:

• It is received at the proper time and place

• It meets the stated requirements of the bid proposal https://des.diversitycompliance.com/ https://apps.leg.wa.gov/RCW/default.aspx?cite=39.04

• It is submitted by a licensed/registered contractor within the State of Washington at the time of bid opening and is not banned from bidding by the Department of Labor and Industries

• It is accompanied by a bid guarantee, if required

All bids will be formally read Tuesday, May 5, 2026, at approximately 3 PM PT via virtual meeting. A link for the bid reading will be provided in an addendum. A bid may be withdrawn in person by a proposer's authorized representative before the opening of bids.

The proposer(s) representative will be required to show ID and sign on the bid summary sheet before the bid withdrawal is released. The Owner reserves the right to accept or reject any or all bid proposals and to waive informalities.

0.11 Bid Results

After interviews, the selection committee will deliberate and score the interviews. At the bid opening, interview scores will be presented and the bids opened. After the bid opening, proposers may obtain bid results on the DES website at:

https://des.wa.gov/services/facilities-and-leasing-management/design-build-gccm-alternative-public-works-projects/gccm-project-selections .

Bid results will be posted within 24 hours after bid opening.

0.12 Contract Award

The contract award will be based on the combined interviews, and the total project bid.

There will be two contract awards. The initial contract award will be for pre-construction services only. Award of construction and-or future services is contingent upon successful MACC negotiations and legislative funding approval.

The contract will only become effective when signed by the Owner. Prior to the Owner’s signature, any and all costs incurred shall be the sole responsibility of the proposer.

Note: AIA Payment Bond and Performance Bond forms (A312) are required upon successful completion of MACC negotiations. These forms will not be provided by the Owner.

0.13 Partnering

Partnering will be required throughout the project. The GC/CM, A/E firm and the Owner may choose the form of team collaboration to be used during the project. The intent of partnering is to encourage productive communication, improve the level of mutual trust, respect and cooperation, and expedite issue resolution.

0.14 LEED Certification

LEED certification is not required on this project. The project team is encouraged to utilize sustainable practices, methods, and materials throughout the project.

0.15 Reciprocity

In accordance with RCW 39.04.380 effective March 30, 2012 the state of Washington is enforcing a Reciprocal Preference for Resident Contractors. Any public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a comparable percentage disadvantage must be applied to the bid of that nonresident contractor.

https://des.wa.gov/services/facilities-and-leasing-management/design-build-gccm-alternative-public-works-projects/gccm-project-selections https://des.wa.gov/services/facilities-and-leasing-management/design-build-gccm-alternative-public-works-projects/gccm-project-selections https://apps.leg.wa.gov/RCW/default.aspx?cite=39.04.380

A nonresident contractor from a state that provides a percentage bid preference means a contractor that:

a) is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts.

b) at the time of bidding on a public works project, does not have a physical office located in Washington State.

The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor's business entity was formed.

All nonresident contractors will be evaluated for out of state proposer preference. If the state of the nonresident contractor provides an in-state contractor preference, a comparable percentage disadvantage will be applied to their bid prior to contract award.

This section does not apply to public works procured pursuant to RCW 39.04.155, 39.04.280, or any other procurement exempt from competitive bidding.

For a public works bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a Comparable Percentage Disadvantage (CPD) will be applied to the bid of that nonresident contractor. The CPD is the in-state contractor percent advantage provided by the contractor’s home state.

For the purpose of determining the successful proposer, multiply the Nonresident Contractor bid amount by the CPD. The “bid amount” shall be the total of the base bid and all accepted alternate bid items. The CPD shall be added to the Nonresident Contractor bid amount which equates to the Nonresident Disadvantage Total. The Nonresident Disadvantage Total shall be compared to the Washington contractor bid amounts. The proposer with the lowest total shall be the successful proposer. See example below.

EXAMPLE: Alaska Nonresident Contractor Bid Amount $100,000 Multiplied by the Alaska CPD x 0.05 Alaska CPD Total $ 5,000

Alaska Nonresident Contractor Bid Amount $100,000 Alaska CPD Total $ 5,000 Nonresident Disadvantage Total $105,000*

* Note – If the Nonresident Disadvantage Total is lower than all other Washington contractor bid amounts, the Alaska Nonresident Contractor is the successful proposer and will be awarded a contract for the bid amount of $100,000.

If the Nonresident Disadvantage Total is higher than a Washington contractor bid amount, the successful Washington proposer will be awarded a contract for the bid amount.

The Contract will only become effective when signed by the Owner. Prior to the Owner’s signature, any and all costs incurred shall be the sole responsibility of the proposer.

http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.155 http://apps.leg.wa.gov/rcw/default.aspx?cite=39.04.280