10212-category 21b.doc

IFB 10212- Category 21 - Commercial Shredders & Chippers

INVITATION FOR BID

10212 – Category 21 - Commercial Shredders & Chippers

Steve Jenkins Contracts Specialist Phone (360) 407-9415 Fax (360) 586-2426

E-mail:

steve.jenkins@des.wa.gov

BIDS MUST BE RECEIVED & STAMPED ON OR BEFORE THE DUE DATE AND TIME AT THIS LOCATION:

1500 Jefferson Street SE Olympia, WA 98504

3PART ONE – SOLICITATION INFORMATION

31.

ANNOUNCEMENT AND SPECIAL INFORMATION

31.1.

INTRODUCTION

31.2.

ECONOMIC AND ENVIRONMENTAL GOALS

32.

SUMMARY OF OPPORTUNITY

32.1.

PURPOSE

42.2.

PURCHASERS

42.3.

CONTRACT TERM

52.4.

ESTIMATED USAGE

52.5.

NO COSTS OR CHARGES

52.6.

NO BEST AND FINAL OFFER

53.

SOLICITATION OVERVIEW

53.1.

ACQUISITION AUTHORITY

53.2.

SOLICITATION AMENDMENTS

53.3.

CONTRACT FORMATION

53.4.

INCORPORATION OF DOCUMENTS INTO CONTRACT

63.5.

RIGHT TO CANCEL

63.6.

NON-ENDORSEMENT AND PUBLICITY

64.

TIMELINE

64.1.

PROCUREMENT SCHEDULE

64.2.

PROJECTED SCHEDULE OF EVENTS

65.

PREPARATION OF RESPONSE

65.1.

SUBMISSION OF Response:

75.2.

response OPENING PROTOCOL

75.3.

CONTRACT INFORMATION AVAILABILITY AFTER AWARD

85.4.

PRICE SHEET

85.5.

BID PRICING

85.6.

MISCELLANEOUS EXPENSES

86.

EVALUATION AND AWARD

116.4.

NOTIFICATION OF APPARENT SUCCESSFUL BIDDER

12PART TWO – CONTRACT INFORMATION

14APPENDICES PAGE

14BIDDER CHECKLIST

16Authorized Offer and Contract Signature Page

PART ONE – SOLICITATION INFORMATION

1. ANNOUNCEMENT AND SPECIAL INFORMATION

1.1. INTRODUCTION

This document contains Part One - Solicitation Information, Part Two - Contract Information, and Appendices.

Bidders are required to read, understand and accept all information contained within this entire document. By responding to this Solicitation the Bidder agrees to read, understand, and accept all parts of the document.

This document will form the Contractual agreement between the Purchasing Activity and the awarded Contractor when countersigned by the State of Washington.

1.2. ECONOMIC AND ENVIRONMENTAL GOALS

In support of the State’s economic and environmental goals, although not an award factor (unless otherwise specified herein), bidders are encouraged to consider the following in responding to this solicitation:

· Support for a diverse supplier pool, including small, Minority and Women-Owned Business Enterprises (MWBE), Voluntary numerical WBE goals 3% MBE 3% have been established for this solicitation. Achievement of these goals is encouraged whether directly or through subcontractors. Bidders may contact the Office of Minority and Women’s Business Enterprise to obtain information on certified firms or to become certified.

· Use of environmentally preferable goods and services to include post consumer waste and recycled content

· Products made or grown in Washington

2. SUMMARY OF OPPORTUNITY

2.1. PURPOSE

The purpose of this Solicitation is to solicit bids for Category 21 – Commercial Shredders & Chippers that was originally bid in IFB 10212 Lawn and Grounds Maintenance Equipment and was subsequently cancelled. The resulting award(s) will be incorporated into Contract 10212 for the as needed purchase of Lawn and Grounds Maintenance Equipment.

Contract 10212 – Lawn and Grounds Maintenance equipment is a "catalog discount" contract with a full line of products representing multiple manufacturers in multiple categories. The Purpose of IFB 10212 – Category 21 – Commercial Shredders & Chippers is to establish Category 21 and incorporate it into Contract 10212. Awards will be made on a statewide or regional basis. Manufacturers are encouraged to bid direct. These manufacturers include, but are not limited to, the list provided in Appendix C.

Categories of Equipment

21. Commercial Lawn Shredders And Chippers

2.2. PURCHASERS

General Use

The resulting Contract is for use by all members of the Washington State Purchasing Cooperative (WSPC) including where applicable: State Agencies, Institutions of Higher Education, Political Subdivisions, and Non-Profit Corporations.

State of Oregon Use

This Contract will also be available for use by Oregon Cooperative Purchasing Program (ORCPP). Additionally, it will be available to the Department of Administrative Services Cooperative Purchasing Program (DASCPP) upon prior written approval by Washington State Department of Enterprise Services (DES) and Oregon Department of Administrative Services (DAS).

While use of the Contract by Political Subdivisions and Non-Profit Corporations that are members of the WSPC and ORCPP members is optional, DES encourages them to use state Contracts. Their use of the Contracts may significantly increase the purchase volume. Their orders are subject to the same Contract terms, conditions and pricing as state agencies. DES accepts no responsibility for orders or payment by WSPC, DASCPP or ORCPP members.

A list of WSPC members is available at https://fortress.wa.gov/ga/apps/coop/Default.aspx

A list of current authorized ORCPP members is available at:

http://oregon.gov/DAS/EGS/PS/docs/orcpp/orcpp-member-list.pdf.

2.3. CONTRACT TERM

Category 21 – Commercial Shredders & Chippers will be incorporated into the existing term of Contract 10212 – Lawn and Grounds Maintenance Equipment commencing on the effective date of the award of this IFB through April 10, 2015. Additionally, Contract 10212 has the option to extend for additional term(s) or portions thereof. Extensions for each additional term(s) or portion thereof shall be exercised at the sole discretion of the Purchasing Activity upon written notice to the Contractor. The total Contract term, including the initial term and all subsequent extensions, shall not exceed six (6) years unless an emergency exists and/or special circumstances require a partial term extension. The State reserves the right to extend with all or some of the Contractors, solely determined by the State.

2.4. ESTIMATED USAGE

Based on past and/or projected usage, it is estimated that purchases of Category 21 - Commercial Shredders and Chippers over the initial term of the Contract may approximate $200,000. This estimate is provided solely for the purpose of assisting Bidders in preparing their Response. Orders will be placed on an as needed basis.

The State of Washington does not represent or guarantee any minimum purchase.

2.5. NO COSTS OR CHARGES

Costs or charges under the proposed Contract incurred before the Contract is fully executed will be the sole responsibility of the Bidder.

2.6. NO BEST AND FINAL OFFER

The Purchasing Activity reserves the right to make an award without further discussion of the Response submitted; i.e., there will be no best and final offer request. Therefore, the Response should be submitted on the most favorable terms that Bidder intends to offer.

3. SOLICITATION OVERVIEW

3.1. ACQUISITION AUTHORITY

DES or Purchasing Activity issues this Solicitation acting under the authority of its enabling legislation Revised Code of Washington (RCW) 39.26 which establishes DES and regulates the manner in which state agencies may acquire goods and purchased services.

3.2. SOLICITATION AMENDMENTS

Prior to submittal due date and time, the Purchasing Activity reserves the right to change portions of this Solicitation. Any changes or corrections will be by one or more written amendment(s), dated, attached to or incorporated in and made a part of this Solicitation document. All changes must be authorized and issued in writing by the Purchasing Activity. If there is any conflict between amendments, or between an Amendment and the Solicitation, whichever document was issued last in time shall be controlling. Only Bidders who have properly registered and downloaded the original Solicitation directly via WEBS system will receive notification of Amendments and other correspondence pertinent to the procurement.

3.3. CONTRACT FORMATION

A Response submitted to this Solicitation is an offer to Contract with the Purchasing Activity. A Response becomes a Contract only when legally awarded and accepted in writing by the Purchasing Activity.

3.4. INCORPORATION OF DOCUMENTS INTO CONTRACT

This Solicitation document, any subsequent Amendments and the Bidder’s response will be incorporated into the resulting Contract.

3.5. RIGHT TO CANCEL

The Purchasing Activity reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

3.6. NON-ENDORSEMENT AND PUBLICITY

In selecting a Bidder to supply goods and purchased services specified herein to the state of Washington Purchasers, neither the Purchasing Activity nor the Purchasers are endorsing the Bidder’s goods and purchased services, nor suggesting that they are the best or only solution to their needs.

4. TIMELINE

4.1. PROCUREMENT SCHEDULE

The dates listed below represent the projected procurement schedule. The Purchasing Activity reserves the right to change the schedule. Notification of Amendments to the procurement schedule prior to Bid opening, will be sent electronically to all properly registered users of the Department of Enterprise Service’s Washington Electronic Business Solution (WEBS) http://des.wa.gov/services/ContractingPurchasing/WEBS/Pages/default.aspx who downloaded this Solicitation from WEBS.

Changes to the Procurement Schedule after Bid Opening may be communicated to all Bidders reflecting the change.

4.2. PROJECTED SCHEDULE OF EVENTS

May 29, 2013

Issue Solicitation document

May 29 – June 19, 2013

Amendment issued, if applicable (Bidders should begin checking the website for any amendments)

June 20, 2013

Evaluation begins

July 19, 2013

Anticipated award date

NOTE: Response information, including price sheets, will not be available for public disclosure until after award of the Contract consistent with RCW 39.26.30. After award, information regarding results of the Solicitation may be obtained by contacting the Contracts Specialist.

5. PREPARATION OF RESPONSE

5.1. SUBMISSION OF Response:

Original, signed (in ink), sealed Response must be received at the specified location on or before the specified date and time. Time of receipt will be determined by the official time stamp located at the Purchasing Activity. If a Response is late or received at a location other than that specified, it shall be rejected. In the event the official time clock is unavailable, the Bid clerk may establish the official time and take reasonable steps to ensure the integrity of the Response receipt is preserved.

A. FORMAT:

One hard copy shall be submitted. Responses must be legible and completed in ink or with electronic printer or other similar office equipment, and properly signed by an authorized representative of the Bidder. All changes and/or erasures shall be initialed in ink. Unsigned Responses will be rejected on opening unless satisfactory evidence was submitted clearly establishing the Bidder’s desire and intent to be bound by the Response, such as a signed cover letter. Incomplete or illegible Responses may be rejected.

Note: In a joint effort to save costs, reduce waste and produce energy savings, Bidders are encouraged to use double-sided printing and recyclable materials. Bidders are highly encouraged to refrain from submitting Responses in 3-ring binders, spiral bindings, and/or other non-recyclable presentation folders.

B. IDENTIFICATION AND DELIVERY:

To facilitate proper delivery and processing, Responses must be delivered in sealed envelopes, boxes or other method of containment. Sealed Responses are to be clearly identified on the outside of the package with the following information to the Purchasing Activity at the address below:

Bidder’s Address

Department of Enterprise Services

Master Contracts and Consulting 1500 Jefferson Street SE Olympia, WA 98501

Solicitation #10212 – Category 21

ATTN: Scott Edwards (Bid Clerk)

Bid Opening Date June 19, 2013 @ 2:00 PM

5.2. response OPENING PROTOCOL After the Response due date and time, the designated Bid Clerk shall open and process sealed Response(s) protecting the confidentiality of the contents. The names of the Bidders shall be recorded and made available upon request. Not until the Contract has been awarded shall the contents become available for public view.

5.3. CONTRACT INFORMATION AVAILABILITY AFTER AWARD

Upon award, electronic notification may be sent to all Bidders. After award, information regarding results of the Solicitation may be obtained by accessing www.des.wa.gov or by contacting the Contracts Specialist. Bidders may submit a public disclosure request to either schedule an appointment to review the procurement file or obtain specific documents.

5.4. PRICE SHEET

In Appendix D, Price Sheet, Bidders shall indicate a manufacturer and specify a percentage discount off their manufacturer’s posted price list as required, indicate which region(s) the bidder services and offer any set-up, testing and preparation for use costs for Category 21 Commercial Shredders & Chippers.

For Category - 21 Commercial Shredders & Chippers, attach catalog(s)/dated price sheet(s), clearly annotated with the applicable category number.

Bidders offering more than three (3) manufactures per category may make copies of the price sheets and submit them with the bid.

5.5. BID PRICING

Discounts off list price must include all cost components needed for the delivery of the goods and/or services as described in this Solicitation document. All costs associated with the goods and/or services specified must be incorporated into the discount off list price that is offered in the Response to this Solicitation.

Failure to identify all costs in a manner consistent with the instructions in this Solicitation is sufficient grounds for disqualification.

The State makes no volume commitment in this Solicitation. The proposed pricing levels should reflect the market provided by the Contract resulting from this Solicitation.

5.6. MISCELLANEOUS EXPENSES

Expenses related to day-to-day performance under any Contract, including but not limited to, travel, lodging, meals, incidentals will not be reimbursed to the Bidder.

6. EVALUATION AND AWARD

1.1 AWARD CRITERIA

Awards for Category 21 - Commercial Shredders & Chippers will be by manufacturer and by region (if applicable) for the purchase of Commercial Shredders & Chippers. Awards made through this solicitation will be incorporated into the existing terms of Contract 10212 Lawn and Grounds Maintenance Equipment.

Award(s) shall be made to the bidder(s) offering the highest discount off list price per manufacturer and region if applicable, based on the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 39.26.160.

Subject to the provisions of RCW 39.26.160, Chapter 200-300 WAC and other procurement laws, the DES reserves the right to: (1) Waive any informality; (2) Reject any or all Bids, or portions thereof;(3) Accept any portion of the items bid unless the Bidder stipulates all or nothing in their Bid; (4) Cancel a solicitation and re-solicit Bids; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that Bid can be improved for the Purchaser; (6) Award on an all or none consolidated basis taking into consideration “lifecycle costs”; and (7) Award in aggregate when in the best interest of the state.

The resulting award(s) will be for Category 21 Commercial Shredders & Chippers as identified in 2.1 Purpose, of the IFB, Appendix C Supplemental Information and Appendix D, Price Sheet.

1.2 Submittal and Evaluation Process

Evaluation of the bid responses will be as follows:

Responsibility

Experience/Capability of Bidder Pass/Fail

Cost Factors

Price Sheet Highest discount off list for each manufacturer and region if applicable

Pass/Fail Submittals Evaluation Process The Procurement Coordinator or other suitable individual will perform the pass/fail Submittal evaluation. If a Pass/Fail Submittal is determined to be a Fail, the Bid is disqualified The failure by the Bidder to provide required Submittal(s) may cause the Bid to be rejected as non-responsive or non-responsible. Failure to meet the material requirements of the Submittal (substance, spirit, intent, material aspects, etc.) may cause your Bid to be rejected for lack of responsibility. It is important that you submit all Submittals in the form requested and complete the Submittals as instructed by the Solicitation or Amendment.

Responsiveness Evaluation (Pass/Fail)

Bids will be initially reviewed for responsiveness. This includes but is not limited to; 1) did the bid response arrive before the deadline (sometimes called the Bid Opening), in a sealed container or envelope, 2) with all submittals needed for evaluation substantively completed, and 3) signed with an original signature on the Bidders Authorized Offer page and Contract Signature page which is the Bidder’s acknowledgement of firm offer and obligation of contract if awarded the contract.

COMPLETE AND RETURN THE FOLLOWING:

a. Signatures (Bidder’s Authorized Offer & Contract Signatures): The purchasing activity treats bid responses as firm offer commitments for the purchasing activity’s review and evaluation that will result in an award if accepted and awarded by the purchasing activity in full or part.

State law and this Solicitation require the bid response to have an original signature(s) (preferably in blue ink) that demonstrates the Bidder’s firm offer commitment and acknowledgement and acceptance of the resulting contract’s terms and conditions as written by the state.

Bidders failing to sign their bid response as indicated below may be disqualified from receiving an award.

The Bidder needs to sign the bid response as indicted below.

· Solicitation Amendments (If applicable)

· Sign the Bidder’s Authorized Offer and Contract Signature Page located on or about page 16 of the IFB.

b. Price Sheet (Appendix D Price Worksheet): Bidders must indicate the manufacturers and offer a discount off list price in the appropriate cells on the Price Sheet. Bidders may submit pricing for multiple manufacturers.

c. Bidder Profile (Appendix E Bidder Profile): The Profile aids the state in its responsibility analysis and contains other information important in the evaluation, such as Prompt Payment Discounts.

Responsibility Evaluation (Pass/Fail)

In addition to the above referenced submittal and pursuant to RCW 39.26.160 (2), in determining Bidder responsibility, the following elements shall be given consideration:

a) The ability, capacity, and skill of the Bidder to perform the contract or provide the service required;

b) The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;

c) Whether the Bidder can perform the contract within the time specified;

d) The quality of performance of previous contracts or services;

e) The previous and existing compliance by the Bidder with laws relating to the contract or services;

f) Such other information as may be secured having a bearing on the decision to award the contract:

During Response evaluation, the purchasing activity reserves the right to make reasonable inquiry to determine the responsibility of any Bidder. Requests may include, but are not limited to, financial statements, review of invoices, references, record of past performance, clarification of Bidder’s offer, and on-site inspection of Bidder's facilities. Failure to respond to said request(s) may result in the Response being rejected as non-responsive.

Cost Evaluation:

Only Responses that have been determined to be both Responsive and Responsible will have costs evaluated.

Costs will be evaluated as follows:

The bidder who offers the highest fixed percentage discount off list price for each manufacturer and region (if applicable) will be awarded.

1.3 AWARD

Award(s) will be made to the bidder(s) that meets all bid requirements and offers the highest discount off list price for each manufacturer’s product line and region (if applicable).

For this Category, DES anticipates making award(s) for each brand/manufacturer to the bidder offering the highest discount off list price. Resulting Awards will be incorporated into the existing terms of Contract 10212 – Lawn and Grounds Maintenance Equipment.

1.4 SELECTION OF APPARENTLY SUCCESSFUL BIDDER

The Bidder(s) whose bid is the most advantageous to the State for each manufacturer and region (if applicable), will be declared the Apparent Successful Bidder. The Purchasing Activity may enter into Contract negotiations with the Apparent Successful Bidder.

Should Contract negotiations fail to be completed within 30 days after initiation, the Purchasing Activity may immediately cease Contract negotiations and declare the second lowest Bidder the new Successful Bidder and enter into Contract negotiations with that Bidder. This process may continue until a contract is signed or no qualified Bidders remain.

6.1. NOTIFICATION OF APPARENT SUCCESSFUL BIDDER

All Bidders responding to this Solicitation will be notified when the Purchasing Activity has determined the Apparent Successful Bidder.

The Purchasing Activity may enter into Contract negotiations with the Apparent Successful Bidder to determine if the Response can be improved.

PART TWO – CONTRACT INFORMATION

1. PARTIES

This Contract (“Contract”) is entered into by and between the State of Washington, acting by and through the Purchasing Activity and the Awarded Contractor(s), an entity licensed as necessary to perform the Contract and to conduct business in the State of Washington (“Contractor”), with the parties more fully described in the Authorized Offer and Contract Signature Page below, for the purpose of providing Lawn and Grounds Maintenance Equipment.

2. ENTIRE AGREEMENT

This Solicitation/Contract document, Parts One and Two, all Appendices and attachments, all subsequently issued amendments, and any incorporated documents comprise the entire agreement between the Purchasing Activity and the Contractor. No other statements or representations, written or oral, shall be deemed a part of the Contract.

3. INCORPORATED DOCUMENTS

Each of the documents listed below is, by this reference, incorporated into this Contract as though fully set forth herein.

a. The awarded portion(s) of Contractor’s Response to the Solicitation/Contract Number 10212

b. All Appendices

c. Bid Amendments (if applicable)

4. ORDER OF PRECEDENCE, CONFLICT AND CONFORMITY

In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:

a. Applicable Federal and State of Washington statutes and regulations

b. Mutually agreed written amendments to this Contract

c. This Contract, Number 10212 including all documents incorporated in Part Two, Section 3 above Conflict: To the extent possible, the terms of this Contract shall be read consistently.

Conformity: If any provision of this Contract violates any Federal or State of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

5. LEGAL NOTICES

Any notice or demand or other communication required or permitted to be given under this Contract or applicable law (except notice of malfunctioning Equipment) shall be effective only if it is in writing and signed by the applicable party. It must be properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid, certified mail, return receipt requested, via facsimile or by electronic mail, to the parties at the addresses and fax numbers, e-mail addresses provided in the Authorized Offer and Contract Signature Page below. For purposes of complying with any provision in this Contract or applicable law that requires a “writing,” such communication, when digitally signed with a Washington State Licensed Certificate, shall be considered to be “in writing” or “written” to an extent no less than if it were in paper form. Notices shall be effective upon receipt or four (4) Business Days after mailing, whichever is earlier. The notice address as provided herein may be changed by written notice given as provided above.

In the event that a subpoena or other legal process commenced by a third party in any way concerning the Equipment or Services provided pursuant to this Contract is served upon Contractor or Purchasing Activity, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and Purchasing Activity further agree to cooperate with the other party in any lawful effort by the other party to contest the legal validity of such subpoena or other legal process commenced by a third party.

6. LIENS, CLAIMS AND ENCUMBRANCES

All materials, equipment, supplies and/or services shall be free of all liens, claims, or encumbrances of any kind, and if the Purchasing Activity or the Purchaser requests, a formal release of same shall be delivered to the respective requestor.

7. AUTHORITY TO BIND

The signatories to this Contract represent that they have the authority to bind their respective organizations to this Contract.

8. COUNTERPARTS

This Contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy of this Contract signed by each party, for all purposes.

APPENDICES PAGE

Bidders are required to read and understand the embedded Appendices below. Appendices listed in the Checklist below need to be completed and returned with the Bidders Response.

NOTE: These documents are not automatically printed out.

APPENDIX A

Instructions to Bidders, Definitions, Standard Terms & Conditions, and Protest Procedures

APPENDIX B

Special Terms and Conditions

APPENDIX C

Specifications

APPENDIX D

Price Sheet

APPENDIX E

Bidder Profile

BIDDER CHECKLIST

This checklist identifies the documents to be submitted with each Response. Any Response received without any one or more of these documents may be rejected as being non-responsive.

Appendix C:

Specifications & Technical Requirements

FORMCHECKBOX

Appendix D:

Price Sheets

FORMCHECKBOX

Appendix E:

Bidder Profile

FORMCHECKBOX

CERTIFICATIONS AND ASSURANCES

We make the following certifications and assurances as a required element of submitting this Response, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the Solicitation are conditions precedent to the award or continuation of the resulting Contract.

1. We have read, understand, and agree to abide by all information contained in Part One-Solicitation Information, Part Two-Contract Information, all Appendices, and incorporated documents.

2. The prices in this Response have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other Bidder or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered. The prices in this Response have not been and will not be knowingly disclosed by the Bidder, directly or indirectly, to any other Bidder or competitor before Contract award unless otherwise required by law. No attempt has been made or will be made by the Bidder to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. However, we may freely join with other persons or organizations for the purpose of presenting a Response.

3. The attached Response is a firm offer for a period of 120 days following the Response Due Date specified in the Solicitation, and it may be accepted by the Purchasing Activity without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 120-day period. In the case of a protest, our Response will remain valid for 120 days or until the protest and any related court action is resolved, whichever is later.

4. In preparing this Response, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the State's Solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Response. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. We understand that the State will not reimburse us for any costs incurred in the preparation of this Response. All Responses become the property of the State, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Response. Submission of the attached Response constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the Solicitation document.

6. We understand that any Contract awarded, as a result of this Response will incorporate all the Solicitation requirements. Submission of a Response and execution of this Certifications and Assurances document certify our willingness to comply with the Contract terms and conditions appearing in Parts One and Two, all Appendices, and incorporated documents if selected as a Contractor. It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in Parts One and Two, all Appendices, and incorporated documents of this Solicitation.

7. By submitting this Bid, Bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this Solicitation.

8. We are not submitting proposed Contract exceptions.

Authorized Offer and Contract Signature Page In submitting this Response, the authorized signatory below acknowledges having read and understood the entire Solicitation and agrees to comply with the terms and conditions of the Solicitation including Certifications and Assurances. The authorized signatory also agrees to fulfill the offer made in this Response and any subsequently awarded Contract.

The signatory below represents that he/she has the authority to bind the entity named below to the Response submitted and any Contract awarded as a result of this Solicitation.

Bidder/Contractor Signature/Contact Information:

Company Name:

Signature: Date:

Name (print):

Title:

Company Mailing Address:

Entity Type: (LLC, LP, etc.):

Phone/Fax:

Email:

CONTRACT AWARD AND SIGNATURE

(For State of Washington Use Only)

A Contract is hereby awarded between Purchasing Activity and the above entity This Contract is effective this _____day of ______________, 2012.

This is a partial award for Category 21 – Commercial Shredders and Chippers of Contract 10212 Lawn and Grounds Maintenance Equipment Manufacturer __________ ____ Regions Awarded _________________ Purchasing Activity Authorized Signatures/Contact Information:

Agency Name: Department of Enterprise Services, Office of State Procurement

Contracts Specialist Signature:

Date:

Name (print): Steve Jenkins

Address: 1500 Jefferson Street SE, Olympia WA 98504

Phone/Fax: 360-407.9415

Email: Steve.jenkins@des.wa.gov

Manager Signature:

Date:

Name (print): Michael Maverick, MCC Team 3 Unit Manager

_1430721745.doc 10212 – Category 21 - Commercial Shredders and Chippers

APPENDIX B

SPECIAL TERMS AND CONDITIONS

1. REFERENCES

References may be used to evaluate the bidder’s history of performance and may be an award consideration on a pass fail basis. Bidder shall furnish minimum of three (3) references from different entities for which Bidder has performed or provided comparable, service, materials, supplies, or equipment similar in scope (i.e. size, volume, type) to this IFB, including entity [name, authorized individual, telephone, email, and facsimile]: Bidder shall complete the References portion of Appendix E- Bidder Profile.

The Purchasing Activity will only attempt to make contact with a Bidder’s provided references a maximum of three (3) times. If such contact cannot be established with any of the references provided, then those references with which contact cannot be established may be deemed non-responsive and no further attempts will be made to contact that particular reference. References giving negative feedback towards the bidder and states an unwillingness to work with the bidder again, may be rejected and therefore fail the responsibility requirement.

The state reserves the right to solicit and substitute other references to determine the sufficiency of the Bidder’s level of responsibility.

2. DESCRIPTIVE LITERATURE

Bidder shall submit descriptive literature with Response. Descriptive literature shall clearly describe how the product bid is equal in quality, function and performance to the bid specifications herein.

3. DEALER AUTHORIZATION

The Bidder, if other than the manufacturer, shall provide upon request a current, dated, and signed authorization from each manufacturer that the Bidder is an authorized distributor, dealer or service representative and is authorized to sell the manufacturer’s products. Failure to provide manufacturer’s authorization upon request may result in Bid rejection.

4. vehicle TITLE (If applicable)

All necessary paperwork to register the unit with the Washington State Department of Licensing as a motor vehicle will be furnished at the time of delivery. This includes a “manufacturer’s statement of origin” (MSO) and Washington State title application.

5. VEHICLE DEALER LICENSING (If applicable)

Bidder must possess a current vehicle dealer license issued pursuant to Chapter 46.70 RCW. By submission of a properly signed and completed bid, bidder certifies compliance with all provisions to above statute. The Bidder, upon request, shall provide a current, dated, and signed copy.

6. WARRANTY (IES)

Bidder will submit a copy of warranty as an attachment to bid and items delivered under this contract will also be accompanied by a copy of the warranty. Unless otherwise specified, full parts and labor warranty period shall be for a minimum period of one (1) year after receipt of materials or equipment by the Purchaser. All materials or equipment provided shall be new, unused, of the latest model or design and of recent manufacture.

7. PRICE ADJUSTMENTS

Once a percentage discount off the manufacturer’s most current price list/catalog has been established, the percent discount shall remain firm (not subject to change). Contractors may offer higher discount levels than specified in the contract to meet a competitive price or in response to a volume purchase.

For Price List items within awarded categories, the manufacturer’s price list/catalog may be changed during the term of the contract if the manufacturer publishes a new price list however, the discount percentage shall remain unchanged. When a price list/catalog is changed, it will remain unchanged for a period of 180 days.

Contractors shall not make contract extensions contingent on price adjustments.

8. SHIPPING AND RISK OF LOSS

Freight to the customer’s location shall be prepaid and added as a separate line from the supplier to the delivery point from which the customer will receive delivery or pick-up the equipment. Copies of the freight invoices must be delivered with the equipment to validate the shipping charges.

The method of shipment shall be consistent with the nature of the Products and hazards of transportation. Regardless of FOB point, Contractor agrees to bear all risks of loss, damage, or destruction of the Products ordered hereunder that occurs prior to Delivery Date or Acceptance, whichever is applicable, except loss or damage attributable to Purchaser’s fault or negligence; and such loss, damage, or destruction shall not release Contractor from any obligation hereunder. After Delivery Date or Acceptance, whichever is applicable, the risk of loss or damage shall be borne by Purchaser, except loss or damage attributable to Contractor’s fault or negligence.

9. EQUIPMENT OPERATION AND REPAIR MANUALS

All equipment shall be delivered with at least one copy of the operators manual or cd copy of repair to include a parts catalog or list. If other manuals are required by the purchaser, they should be offered at the discount bid in Appendix D Price Sheets for "repair parts/manuals".

10. NEW PRODUCTS

During the term of the contract, new products introduced by a manufacturer may be added to the contract provided discount is consistent with other similar products already on contract. Addition will be at the Contract Administrator’s discretion.

11. PROGRAM MANAGEMENT REIMBURSEMENT

This contract is subject to an administrative fee of one and a half percent (1.5%) of contract sales (less freight cost and trade-in value). Awarded supplier(s) will remit payment of the administrative fee on a quarterly basis when submitting the quarterly sales and subcontractor report as defined herein. Payment is to be made to Department of Enterprise Services, Master Contracts and Consulting, and Contract 10212 and is not to be invoiced to any contract users, either as an item on a sales invoice, or by any other means. Any invoice issued to a user of this contract with the administrative fee included will be in dispute, and not paid until the supplier corrects it. Payment of the administrative fee will be due in conjunction with the quarterly sales and subcontractor report, delinquency in payment may be considered cause for contract termination.

12. EQUIPMENT DELIVERY

A. Freight to the customer’s location shall be prepaid and added as a separate line from the supplier to the delivery point from which the customer will receive delivery or pick-up the equipment. Copies of the freight invoices must be delivered with the equipment to validate the shipping charges.

B. All equipment, to the extent possible and that which is considered standard to the industry, shall be delivered assembled, serviced, oiled and ready for immediate use, unless otherwise requested by the purchaser. Liability for product delivery remains with the contractor until properly delivered and accepted.

C. Some Purchasers may require equipment to be set-up, tested, and ready for operation prior to acceptances. Bidders are to provide cost for such in Section 3.4, Price Sheets.

13. REPAIR FACILITIES

A. Bidder shall provide a list of authorized factory repair facilities which will honor the warranty of items on contract. The list will include the facility (ies) name, address, telephone number, and contact person and the service area covered.

B. Bids that are submitted from manufacturers that require service through dealer outlets must include a letter signed by each dealer certifying full understanding and compliance with bid and servicing requirements.

14. ANTICIPATED ORDERING AND INVOICING PROCEDURES

Bidders to provide as an attachment to their bid their proposed ordering and invoicing procedures to include: how they will insure that authorized purchasers will receive the discounted prices offered on the subsequent contract, how responsive they will be to purchaser concerns on invoicing discrepancies, if a centralized customer order contact will be established to service this account, how a purchaser can request a product demonstration, typical schedule for repair requests, and anything else deemed necessary to ensure the success of administering a contract of this nature. Bidders are encouraged to consider/offer a centralized invoicing program to ensure accuracy of contract pricing and data collection

15. DEMONSTRATION

You may be required to demonstrate your equipment/product at the “ship to” address. Be prepared to do so within 5 days of notification.

_1431346540.doc State of Washington

Department of Enterprise Services

1500 Jefferson Street SE

Olympia, Washington 98504

APPENDIX A

STANDARD TERMS AND CONDITIONS

10212 –Category 21 – Commercial Shredders and Chippers

For Purchases of Materials, Supplies, Services, and Equipment

Under the Authority of

Chapter 39.26 RCW

Section One

Instructions to Bidders

Section Two

Standard Definitions

Section Three

Standard Terms and Conditions

Section Four

Protest Procedures

Contents

3SECTION ONE

INSTRUCTIONS TO BIDDERS

1.1

WASHINGTON ELECTRONIC BUSINESS SOLUTION (WEBS)

1.2

MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES (MWBE)

1.3

BIDDER AUTHORIZED REPRESENTATIVE

1.4

AUTHORIZED COMMUNICATION

1.5

BIDDER COMMUNICATION RESPONSIBILITIES

1.6

BIDDER RESPONSIVENESS

1.7

PRESENTATION OF ALL COST COMPONENTS

1.8

PRICING

1.9

ALTERNATE OR EQUAL PRODUCTS

1.10

PROPRIETARY OR CONFIDENTIAL INFORMATION

1.11

IN-STATE PREFERENCE/RECIPROCITY

1.12 WITHDRAWAL OR MODIFICATION OF Response

SECTION TWO STANDARD DEFINITIONS

SECTION THREE STANDARD TERMS AND CONDITIONS

3.1

CONTRACT MODIFICATIONS

3.2

CONTRACT ADMINISTRATION

3.3

CONTRACTOR SUPERVISION AND COORDINATION

3.4 Post award conference

3.5

CONTRACT MANAGEMENT

3.6

CHANGES

3.7

STATEWIDE VENDOR PAYMENT REGISTRATION

3.8

SALES & SUBCONTRACTOR REPORTS

3.9

OTHER REQUIRED REPORT(S)

3.10

WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS)

3.11

CONTRACTOR QUALIFICATIONS AND REQUIREMENTS

3.12 Contractor certifications (if applicable)

3.13

DELIVERY REQUIREMENTS

3.14

PAYMENT

3.15

TAXES, FEES AND LICENSES

3.16

QUALITY ASSURANCE

3.17

INFORMATION AND COMMUNICATIONS

3.18

GENERAL PROVISIONS

3.19

INSURANCE

3.20

INDUSTRIAL INSURANCE COVERAGE

3.21

NONDISCRIMINATION

3.22

OSHA AND WISHA REQUIREMENTS

3.23

ANTITRUST

3.24

WAIVER

3.25

DISPUTES AND REMEDIES

3.26

LIQUIDATED DAMAGES

3.27

CONTRACT TERMINATION

SECTION FOUR PROTEST PROCEDURES

SECTION ONE

INSTRUCTIONS TO BIDDERS

This section contains instructions for Bidders regarding the preparation and submission of a Bid/Proposal.

1.1 WASHINGTON ELECTRONIC BUSINESS SOLUTION (WEBS)

Bidders are solely responsible for:

a. Properly registering with the Department of Enterprise Services WEBS at http://www.ga.wa.gov/webs, and maintaining an accurate Vendor profile in WEBS.

b. Downloading the Solicitation consisting of the Solicitation, all Appendices, and incorporated documents related to the Solicitation for which you are interested in Bidding.

c. Downloading all current and subsequent Amendments to the Solicitation to ensure receipt of all Solicitation documents.

Notification of amendments to the Solicitation will only be provided to those vendors who have registered with WEBS and have downloaded the Solicitation from WEBS. Failure to do so may result in a potential Bidder having incomplete, inaccurate, or otherwise inadequate information, or a Bidder submitting an incomplete, inaccurate, or otherwise inadequate Response. Bidders and potential Bidders accept full responsibility and liability for failing to receive any Amendments resulting from their failure to register with WEBS and download the Solicitation from WEBS.

1.2 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES (MWBE)

In accordance with the legislative findings and policies set forth in RCW 39.19, the State of Washington encourages participation in all of its Contracts by Minority and Woman Owned Business Enterprise (MWBE) firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). While the state does not give preferential treatment, it does seek equitable representation from the minority and women’s business community. In addition, the state welcomes participation by self-identified minority and woman owned firms and strongly encourages such firms to become certified by OMWBE.

Participation may be either on a direct basis in Response to this Solicitation or as a Subcontractor to a Contractor. However, unless required by federal statutes, regulations, grants, or Contract terms referenced in the original Solicitation, no preference will be included in the evaluation of Bids, no minimum level of MWBE participation shall be required as condition for receiving an award, and Bids will not be evaluated, rejected or considered non-responsive on that basis.

Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the original Solicitation will apply. Bidders are encouraged to contact Office of Minority and Woman Owned Business Enterprise (OMWBE) to obtain information on becoming a certified firm as set forth in Washington Administrative Code (WAC) Chapters 326-02 and 326-20; or to obtain information on other certified firms for potential sub-contracting arrangements. Nothing in this section is intended to prevent or discourage Bidders from inviting others from participation from non-MWBE firms as well as MWBE firms. Prior to performance, Awarded Bidder who is a MWBE or intends to use MWBE Subcontractors is encouraged to identify the participating firm(s) to OSP.

1.3 BIDDER AUTHORIZED REPRESENTATIVE

Bidder must designate an Authorized Representative in the Bidder Profile Appendix who will be the principal point of contact for the Purchasing Activity for the duration of this Solicitation process.

1.4 AUTHORIZED COMMUNICATION

Upon release of this Solicitation, all Bidder communications concerning this Solicitation must be directed to the Contracts Specialist. Unauthorized contact regarding this Solicitation with other state employees involved with the Solicitation may result in disqualification. All oral communications will be considered unofficial and non-binding on the Purchasing Activity. Bidders should rely only on written statements issued by the Contracts Specialist.

1.5 BIDDER COMMUNICATION RESPONSIBILITIES

Bidders are responsible for communicating to the Contracts Specialist any issues, exceptions, additions, or omissions concerning the Solicitation as soon as possible. Any explanation of the issue must be submitted in writing to the Contracts Specialist by the deadline for Bidder Questions, Comments and Complaints consistent with the Procurement Schedule. Any issues, exceptions, additions, or omissions submitted after the deadline may or may not be considered by the Purchasing Activity. Additionally, failure to notify the Purchasing Activity by the deadline may be considered by the Purchasing Activity to be a waiver of the issue by the Bidder for protest purposes. If Bidder submissions result in changes to the Solicitation, written amendments will be issued and posted on WEBS.

1.6 BIDDER RESPONSIVENESS

Bidder must respond to each question/requirement contained in this Solicitation. Failure to comply with any applicable item may result in the Response being deemed non-responsive and disqualified.

The Purchasing Activity reserves the right to consider the actual level of Bidder’s compliance with the requirements specified in this Solicitation and to waive informalities in a Response. 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 supplies 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.

1.7 warrantiy (ies)

Bidder will submit a copy of warranty as an attachment to bid and items delivered under this contract will also be accompanied by a copy of the warranty. Unless otherwise specified, full parts and labor warranty period shall be for a minimum period of one (1) year after receipt of materials or equipment by the Purchaser. All materials or equipment provided shall be new, unused, of the latest model or design and of recent manufacture.

1.8 PRESENTATION OF ALL COST COMPONENTS

All elements of recurring and non-recurring costs must be identified and included in the Response. Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, wiring and supplies needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, testing and initial instruction to agency personnel, warranty work and maintenance of the products/services specified herein.

1.9 PRICING

No additional charges unless otherwise specified in the Solicitation, no additional charges by the Contractor will be allowed including, but not limited to: handling charges such as packing, wrapping, bags, containers, reels; or the processing fees associated with the use of credit cards. Notwithstanding the foregoing, in the event that market conditions, laws, regulations or other unforeseen factors dictate, at the Purchasing Activity’s sole discretion, additional charges may be allowed

1.10 ALTERNATE OR EQUAL PRODUCTS

Bidders may not bid an Alternate Product from those specified in the Solicitation except as set out in this section. An “Alternate” for purposes of this Solicitation is “a substitute offer of materials, supplies, services and/or equipment that is not at least a functional Equal in features, performance and use and which materially deviates from one or more of the specifications in a competitive Solicitation”. Bidder’s may suggest Alternates by providing a detailed description, supporting documentation, and any associated exceptions to the specifications to the Purchasing Activity in writing at least five business days prior to the bid opening date. The Purchasing Activity will review the Bidder’s proposed Alternate, including any specification exceptions and supporting documentation in determining whether or not the proposed Alternative will be acceptable in meeting the State’s needs. The decision as to whether or not the proposed Alternative will be acceptable will be at the sole discretion of the Purchasing Activity.