123-098 RFQQ MV Thunderbird Refurbishment.docx

(EXHIBIT A) – SAMPLE CONTRACT WITH GENERAL TERMS AND CONDITIONS

REQUEST FOR BID RESPONSES:

(WSPRC 123-098) WA State Parks 75’ MV Thunderbird Refurbishing

BRIEF DESCRIPTION: The Washington State Parks and Recreation Commission (WSPRC) is seeking proposals from qualified firms to provide refurbishment and repair of the 75’ MV Thunderbird vessel. Substantial completion of this project must be completed by March 4, 2022 in order for vessel’s operational work to commence on March 21, 2022. See details within.

PREBID CONFERENCE: An optional Prebid conference is available. See Section 1.2

Bids are due: December 3, 2021, by 1:00PM, Pacific local time.

********** NEW ********** ********** NEW **********

ELECTRONIC BID RESPONSES ONLY: Bid responses will only be accepted electronically via Email/Email Attachment to BidBox@parks.wa.gov. (PDF scan encouraged). See Section 4.1 – Submission of Responses for expanded details.

Procurement Coordinator: Michael Maverick, ContractsAndProcurement@parks.wa.gov

Email Inquiries to: ContractsAndProcurement@parks.wa.gov

· See also (special communication instructions) §1.5, §1.6, §1.7 WA State’s Official Bid Notification System: Bidders are responsible for properly registering in the Washington’s Electronic Business Solutions (WEBS) system, https://fortress.wa.gov/ga/webs/ and downloading the solicitation document and all appendices and incorporated documents related to this solicitation. WEBS Registration Information: https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips. WEBS is the system of record for this competition.

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(WSPRC 123-098) MV Thunderbird Refurbishing, Page 2 of 2 Table of Contents

SUMMARY OF OPPORTUNITY

ACQUISITION AUTHORITY

In accordance with RCW 39.26, the purpose of this Request for Bids is to establish a contract for goods and/or services as described herein.

In 2013 Washington State enacted Procurement Reform under the authority of RCW 39.26. Procurement Reform employs a risk mitigation strategy, one of which is limiting monetary exposure to a dollar value. Currently WSPRC had delegated authority for services in the amount of $1 million per order. The resulting contract will be structured to ensure the WSPRC does not exceed the $1 million dollar threshold for any period of time. Said another way, for additional risk mitigation purposes beyond what is required by statewide rules, if necessary WSPRC will wait until one order/task/work package is completed (meaning received, inspected, accepted), before placing another order/task/work package so that there is never any monetary exposure greater than $1 million at any one time.

PREBID CONFERENCE & INDEMNIFICATION

M/V Thunderbird 2022 Shipyard Period: Optional Pre-bid Location is:

Washington State Parks- Marine Crew Dock 160 Cornet Bay Rd Oak Harbor, WA 98277 Date: Tuesday, November 9, 2021 Time: 10:00 AM ATTENDEES will be allowed to explore areas of the vessel to help gain a better understanding of the work and other costs drivers, however, the ATTENDEE understands and agrees that the ATTENDEE shall INDEMNIFY, hold harmless, and save harmless the Washington State Parks and Recreation Commission (WSPRC) and its employees and officers.

INTRODUCTION

SPECIAL INTRODUCTORY NOTE: The U.S. Department of Defense funds a resource group generically called the Procurement Technical Assistance Center (PTAC), which has multiple offices across the country. While these Centers do not speak for or supersede the competition document, the Centers can help a qualifying business in understanding and navigating the competition. Per WA-PTAC: “No cost, confidential, one-on-one technical assistance in all aspects of selling to federal, state, and local governments. We have eight locations across Washington State assisting small businesses with marketing to the government, solicitations, drawings, and other areas relating to government selling.”

Link: Washington PTAC - PTAC - Washington State Procurement Technical Assistance Center

ABOUT THE OBJECTIVE: The Washington State Parks and Recreation Commission (WSPRC) is seeking proposals from qualified firms to provide refurbishment and repair of the 75’ MV Thunderbird vessel. The vessel is used by Washington State Parks and Recreation Commission (WSPRC or State Parks) for maintenance operations but may also play a safety and rescue role.

As such, the work must occur while in a drydock facility. The work must also be performed close to the vessel’s home water. If the bidding party (Bidder) is not also a drydock facility capable of handling the anticipated work to be performed on the vessel, that bid may be found nonresponsive. Further, while State Parks anticipates that some of the work will need to be subcontracted, but State Parks likely form a contract with a Bidder that is essentially a bid-broker, meaning a party that is simply coordinating by contract, the shipyard and the trades. It is State Parks expectation that the Bidder is carrying out a material and meaningful portion of the work.

This work package details the scope of work to be completed during the 2022 Shipyard Period for the Washington State Parks & Recreation Commission’s Vessel M/V Thunderbird. Contractor shall furnish all material, labor, and equipment required for completion of the Work Packages except for material, labor, and equipment specifically stated as being furnished by the Owner and/or installed by another contractor. Material and equipment shall be commercial grade, suitable for marine service, and installed consistent with good marine practice for the Vessel’s present classification.

These requirements are not intended to include every detail of construction and equipment and the omission of such will not relieve Contractor of its obligation to furnish, without extra cost, all items of the requirements and drawings which are implied or necessary to complete the Work Package.

The Contractor will be required, without extra cost, to temporarily remove, reinstall, and ensure proper operation of the vessel’s equipment in order to complete elements of the Work Package.

The Technical Requirements are flexible in certain areas. The Owner and Contractor shall reach agreement to assure compatibility of design and construction methodology.

Special Note On Travel Costs: None are authorized. Any/all costs must be rolled into the costs the Bidder records in the Price/Rate Sheet in Appendix E (any/all tables).

Proposals will be evaluated based upon factors that include but are not limited to: Qualifications, Capabilities, Experience, and Rate Schedules, Shipyard of sufficient size and References, collectively totaling to 100 points. See Section 3 Responses – Required Content, and Scoring.

Bids Received Electronically:

The Bidder’s bid response will only be received electronically by email/email attachment. WSPRC has set up a special email address solely for the receipt of bid responses. Any communication other than the actual bid response will be ignored. See Section 4.1 – Submission of Responses.

Should you need to contact WSPRC, you must do so through the appropriate email address set up for communication and use the proper email subject line. See Section 1.5 – Communication Regarding This Competition.

CAUTION: Submit your bid response early as a safeguard against any technological slow-down or delays. Bids received after the deadline for any reason, no matter the cause, regardless of responsibility, will be rejected.

BACKGROUND INFORMATION

NOT USED.

COMMUNICATION REGARDING THIS COMPETITION

All communication should be directed to the WSPRC Contracts, Grants, and Procurement Office (CGP), specifically the Procurement Coordinator using the email address both of which are listed on the face page.

Bidders should not contact any other WSPRC staff about this competition and the failure to do so may result in your bid response being disqualified and rejected.

Only WSPRC responses posted on Washington Electronic Business Solutions (WEBS) are deemed official. All other WSPRC communication whether it be verbal or in writing are deemed unofficial and nonbinding.

Special Communication Instructions: Some sections in this competition contain additional communication instructions. Bidder’s failing to communicate as instructed may result in the communication being missed or misunderstood, and/or not considered.

· Prebid Conference (Section 1.2)

· Question and Answer Period (Section 1.6)

· Complaint Period (Section 1.7)

· Submitting the Bid Response (Section 4.1)

· Procurement Records Disclosure (Section 6.2)

· Debriefing of Bidders (Section 6.3, 6.3.1)

· Protests (Section 6.4, 6.4.3)

QUESTION AND ANSWER PERIOD:

· Bidders may ask questions, seek clarifications or changes at any time, however, the WSPRC needs time to formulate a response and post the response on WEBS. Responses must occur well before the bid’s due date deadline so that Bidders can digest the information and author a bid response.

· Final day for questions that may receive a formal answer response via WEBS is: See Section 1.8 – Procurement Schedule: Question Period or Prebid Conference.

· Send Questions to: ContractsAndProcurement@PARKS.WA.GOV.

· Subject line must include the bids identification number and “Question.” See the first page or footer for the bid’s identification number.

Example email subject line: 123-098 Question

· Responses, if any, will be posted on WEBS (State of Washington’s bid notification system).

· SPECIAL NOTE: Only responses posted on WEBS are deemed official. All other communication whether it be verbal or in writing are deemed unofficial and nonbinding.

COMPLAINT PERIOD:

· Bidders should first attempt to address and resolve any concerns during the Question and Answer period. Should a Complaint be warranted, please see below.

· The Complaints Period is: See Section 1.8 – Procurement Schedule. Complaints received before and after this period will not be considered.

· Send Complaints to: ContractsAndProcurement@PARKS.WA.GOV.

· Subject line must include the bids identification number and “Complaint.” See the first page or footer for the bid’s identification number. Bidder’s failing to mark the Complaint as instructed may result in the communication being missed or misunderstood as something other than a Complaint, and the Bidder forgo their Complaint.

Example email subject line: 123-098 Complaint

· Responses, if any, will be posted on WEBS (State of Washington’s bid notification system).

· SPECIAL NOTE: Only responses posted on WEBS are deemed official. All other communication whether it be verbal or in writing are deemed unofficial and nonbinding.

Bidders submitting complaints shall follow the procedures described in this section. Complaints that do not follow these procedures shall not be considered.

All complaints must be in writing and sent to the Procurement Coordinator before the deadline, to the email address, and using the proper subject line.

The complaint must state the basis for the complaint and a proposed remedy.

Only complaints that fall into the categories below and stipulate an issue of fact shall be considered:

· The solicitation unnecessarily restricts competition;

· The solicitation evaluation or scoring is unfair or flawed; or

· The solicitation requirements are inadequate or insufficient to prepare a response.

PROCUREMENT SCHEDULE:

Any stated time is Pacific Time Zone (local time).

See additional details in Section 1.6 – Question and Answer Period.

NA

See additional details in Section 1.7 – Complaint Period. Complaints received before or after the Complaint period will not be considered.

NA

See also: Section 4 - Responses - Preparation and Submission Requirements. See also Section 3.1 CHECKLIST OF REQUIRED MATERIALS

1:00PM

SPECIAL TERMS & INFORMATION

condition of the vessel Washington State Parks and Recreation Commission (WSPRC) offers the following documents that help explain the condition of the vessel.

· MV Thunderbird Conditions Sound & Structural Assessment Report

· Prepared by: Moffat and Nichol (sub is Glosten)

· eFile name: 000007A-Conditions Found & Structural Assess Rpt.pdf

· This file (12 pages) is incorporated by reference and is available as a standalone eFile that is posted, along with this competition, on the WA state’s bid notification system called the Washington Electronic Business Solutions (WEBS) which will act as the system of record for this competition.

· MV Thunderbird

· Prepared by: Pederson Marine LLC

· eFile name: 000007B-2020 MV Thunderbird Survey.pdf

· This file (20 pages) is incorporated by reference and is available as a standalone eFile that is posted, along with this competition, on the WA state’s bid notification system called the Washington Electronic Business Solutions (WEBS) which will act as the system of record for this competition.

· Thunderbird Ultrasonic Gauging Survey

· Prepared by: Pederson Marine LLC

· eFile name: 000007C-Thunderbird Final Report.pdf

· This file (17 pages) is incorporated by reference and is available as a standalone eFile that is posted, along with this competition, on the WA state’s bid notification system called the Washington Electronic Business Solutions (WEBS) which will act as the system of record for this competition.

SPECIFICATIONS

Washington State Parks and Recreation Commission (WSPRC) requires that any work performed on this objective be performed in compliance with and in conformity with the specification documents provide below. Failure to meet the Specifications may be a breach of contract, could result in suspension or termination, and lead to damage claims.

· Surface Preparation & Application (Revision 2)

· Prepared by: Sherwin-Williams Marines Coatings

· eFile name: 100.631-Paint.pdf

· This file (6 pages) is incorporated by reference and is available as a standalone eFile that is posted, along with this competition, on the WA state’s bid notification system called the Washington Electronic Business Solutions (WEBS) which will act as the system of record for this competition.

· M/V Thunderbird 2022 Shipyard Period: Technical Specifications

· Prepared by: Washington State Parks and Recreation Commission

· eFile name: Thunderbird_TechSpecs_211025.pdf

· This file (15 pages) is incorporated by reference and is available as a standalone eFile that is posted, along with this competition, on the WA state’s bid notification system called the Washington Electronic Business Solutions (WEBS) which will act as the system of record for this competition.

· M/V THUNDERBIRD 2022 SHIPYARD PERIOD Shipyard Specification

· Prepared by: Washington State Parks and Recreation Commission

· eFile name: Thunderbird General Shipyard Specification 211025.docx

· This file (15 pages) is incorporated by reference and is available as a standalone eFile that is posted, along with this competition, on the WA state’s bid notification system called the Washington Electronic Business Solutions (WEBS) which will act as the system of record for this competition.

SUPPLEMENTAL CONDITION

Washington State Parks and Recreation Commission (WSPRC) requires that any work performed on this objective be performed in compliance with and in conformity with the supplemental condition document provide below. Failure to meet the Specifications may be a breach of contract, could result in suspension or termination, and lead to damage claims.

· SUPPLEMENTAL CONDITIONS MARINE VESSEL PUBLIC WORKS

· Prepared by: Washington State Parks and Recreation Commission

· eFile name: 000010B Supplemental Conditions.docx

· This file (12 pages) is incorporated by reference and is available as a standalone eFile that is posted, along with this competition, on the WA state’s bid notification system called the Washington Electronic Business Solutions (WEBS) which will act as the system of record for this competition.

ADVANCED PAYMENT PROHIBITED

Payment shall be based on goods and services provided. No payment shall be made for non-designated goods or services. Payment will be made only after proper documentation and invoicing has been provided to the Agency.

BUSINESS STRUCTURE & EMPLOYEES (COMPLIANCE WITH LAW)

During bid response evaluation and/or prior to contract execution and/or during the life of the contract, the Washington State Parks and Recreation Commission (WSPRC) may require your firm to provide proof, satisfactory to WSPRC, that your firm is a legally licensed business entity and is compliant with all business and employee related laws and regulations, including but not limited to, taxes, licenses, employee insurance, not debarred, etc. WSPRC reserves the right and may contact any person, business, agency, database system it deems necessary to validate compliance. Further, WSPRC may require your firm to provide information, acceptable to WSPRC, that verifies and validates business structure and/or the employment status for anyone appearing to be working on behalf of this contract. Failure to provide required information in a timely manner may result in your bid response being rejected or your contract terminated. If your firm is found to be out of compliance with business and/or employee related laws or regulations or is otherwise a violator of these law and regulations it may result in your bid response being rejected or your contract terminated. Note: Information is readily available from state government agencies such as the Department of Revenue, Labor and Industries, Secretary of State, and Employment Security Department, however named.

CONTINUED ON NEXT PAGE.

RESPONSES - REQUIRED CONTENT, FORMAT, AND SCORING:

CHECKLIST OF REQUIRED SUBMITTALS

The following list in the table in this subsection identifies the content that must be included in each responsible submission (Bidder’s bid response). Any response that does not contain all of these items may be rejected as non-responsive. Each item is discussed in more depth in the sections following the Table.

Table explained: The Table below identifies what Submittals the Bidder must provide to WSPRC in the Bidder’s Bid Response and also acts as a Checklist so that the Bidder does not forget to include required material in the Bid Response. In some cases, the WSPRC has provided a form for this purpose but if no form is provided the Bidder must “self-author” a response to meet this Submittal condition. The Table also states if the Submittal will be Scored by points or scored as Pass/Fail. The Table also provides a nonexclusive courtesy Reference linking the Submittal to other areas of the document.

General Evaluation Continuum: State Parks will use the following as general guidance and the specific criteria detailed in the Checklist (Matrix) and/or in Section 3 subsections in determining scores.

General Evaluation Continuum

Bidder demonstrates renowned experience and/or the least or no risk, and/or ideal fit for what is being sought by State Parks

(most points) Bidder demonstrates considerable experience, and/or some minor risk, and/or a close but not ideal fit for what is being sought by State Parks.

Bidder demonstrates solid experience, and/or mild risk, and/or fair fit for what is being sought by State Parks.

Bidder demonstrates adequate experience, and/or medium risk, and/or mediocre fit for what is being sought by State Parks.

Bidder demonstrates limited experience, and/or high risk, and/or poor fit for what is being sought by State Parks.

(low points) Bidder demonstrates no experience, and/or grave risk, and/or a bad fit for what is being sought by State Parks

(no points)

(failure to provide as instructed may result in bid rejection)

(form provided, must be signed)

(form provided)

(self-authored)

(self-authored)

(self-authored)

(form provided)

(form provided)

(APPENDIX A) – CERTIFICATIONS, ASSURANCES, AND WAIVER

A FORM is provided for this part of your bid response. See (APPENDIX A – CERTIFICATIONS, ASSURANCES, AND WAIVER.

The Certifications must be executed as written in Appendix A. Failure to execute the Appendix in its official form will result in the Bidder’s Proposal being disqualified.

Appendix A – Certifications is evaluated on a pass/fail basis.

Must be signed with wet-ink signature (pen to paper). DON’T type in a signature, write it out by hand.

This Submittal will used for any and all Regions bid; only one is needed.

(APPENDIX B) – BIDDER PROFILE

A FORM is provided for this part of your bid response. See (APPENDIX B – Bidder Profile.

Bidder Profile provides general information concerning the Bidder and/or its corporate entity.

It is important to fully read the Bidder Profile as there may be additional pages that the Bidder may have to self-author and attach depending on the Bidder’s response.

Appendix B - Bidder Profile must be substantively completed and is evaluated on a pass/fail basis.

This Submittal will used for any and all Regions bid; only one is needed.

COMPETITION AMENDMENTS (IF ANY)

As explained in Section 7.3 – Amendments to the Competition, WSPRC may need to amend this competition. Any competition amendment will be posted on WEBS under this competition number.

Competition Amendments may be simply informational, extend the competition’s bid due date, add/delete/modify language of the competition document or an earlier-in-time competition amendment, it may fully revise and replace the competition document, or may be responses to Questions or Complaints, etc. The competition amendment may need to be signed. It may direct the Bidder to include other documents that are self-authored by the Bidder.

It is important the Bidder follow the instructions stated in the competition amendment, failure to do so may result in bid disqualification and rejection.

Depending on the instructions and directions, the result may be scored or pass/fail.

(APPENDIX C) – QUALIFICATIONS AND CAPABILITIES (30 points possible) Bidder must submit a self-authored document titled “Qualifications and Capabilities”. Please use clear transitions between the segments described below.

Bidder, please clearly segment and address the following:

· Bidder must possess a WA State Unified Business Identifier (UBI) number (1 page total)

· Include proof of UBI in your bid response.

· SCORED PASS / FAIL.

· Bidder’s understanding of the (3 pages total):

· types of services proposed,

· the firm’s ability to accomplish them,

· and the ability to meet tight timeframes.

· The firm’s resume focusing on Marine Vessel Structural Inspection, Maintenance, and Repair. (2 pages).

· A resume for all proposed sub-Bidders (2 pages, maximum, per sub-Bidder).

· A written statement of the firm’s qualifications which is responsive to the objective described herein (5 pages, maximum, including pictures).

· OMWBE Certification – IF YOU ARE CERTIFIED BY THE WASHINGTON STATE, OFFICE OF MINORITY AND WOMEN’S BUSINESS: Include proof of certification issued by the Washington State Office of Minority and Women’s Business Enterprises if certified minority-owned firm and/or women-owned firm(s) will be participating on this project. (2 pages). Certification IS Not required to receive an award.

SCORING OF QUALIFICATIONS AND CAPABILITIES:

This part of the bid response is scored up to 30 points. Except that holding a WA State UBI is a pass/fail condition.

· Prospective Contractor has a proven track record of experience in delivering high quality products within subject category (Between 76% and 100%).

· Prospective Contractor has solid experience within subject category but does not have a proven track record of delivering high quality products in all aspects of the subject category or the experience is not fully established (Between 51% and 75%).

· Prospective Contractor has some experience within subject category or related subject but does not have a proven track record of delivering high quality products in that subject (Between 26% and 50%).

· Prospective Contractor does not have demonstrated experience within the subject category, but appears to have personnel that could creatively and competently execute the work (Between 1% and 25%).

· Prospective Contractor has neither demonstrated experience in the subject category or related subjects (0%).

(APPENDIX D) – EXPERIENCE ON COMPARABLE PROJ (30 points possible) Bidder must submit a self-authored document titled “Experience on Comparable Projects”. Please use clear transitions between the segments described below.

Bidder, please clearly segment and address the following:

The Submittal self-authored response must contain information that will demonstrate to the evaluation committee the:

· Include details regarding 10 years’ experience performing marine vessel structural inspection, maintenance, and repair (5 pages, maximum).

SCORING OF QUALIFICATIONS AND CAPABILITIES:

This part of the bid response is scored up to 30 points. Except that holding a WA State UBI is a pass/fail condition.

· Prospective Contractor has a proven track record of experience in delivering high quality products within subject category (Between 76% and 100%).

· Prospective Contractor has solid experience within subject category but does not have a proven track record of delivering high quality products in all aspects of the subject category or the experience is not fully established (Between 51% and 75%).

· Prospective Contractor has some experience within subject category or related subject but does not have a proven track record of delivering high quality products in that subject (Between 26% and 50%).

· Prospective Contractor does not have demonstrated experience within the subject category, but appears to have personnel that could creatively and competently execute the work (Between 1% and 25%).

(APPENDIX E) SHIPYARD OF SUFFICIENT SIZE

Bidder, on Appendix D below or as a separate document, titled “Shipyard of Sufficient Size”. Please limit your response to ONE page approximately.

Bidder, please clearly segment and address the following:

· Explain how you/your firm’s meets the following: Bidder must have 10 years’ experience performing marine vessel structural maintenance and repairs on vessels exceeding 50 gross tons, including 3 projects in the preceding 5 years.

This part of your bid response is scored pass / fail.

(APPENDIX f) – RATE SCHEDULE (40 points possible) A FORM is provided for this part of your bid response. See APPENDIX E – Price Sheet.

· Appendix E – Price Sheet Table is segmented into two parts:

· Appendix E - Table 1 – SPECIAL TERMS FOR BIDDER’S PRICING

· Appendix E - Table 2 – BIDDER’S PRICING & RATE SHEET

· Work Packages are evaluated against points.

· All other pricing, such as Alternate Items and Unit Prices are evaluated as Pass / Fail. WSPRC will evaluate for reasonableness, meaning what WSPRC knows about the market conditions, how the price compares to other bids. However, WSPRC reserves the right to exercise discretion and judgement when considering this portion of the Price & Rate sheet.

· Failure to bid any/all lines may result in a bid rejection and disqualification.

Price & Rate Schedule (40 points maximum) The responsive and responsible low Bidder will be based on the Rate Schedule TOTAL and will receive the full 40 possible points. All other bidders will receive a proportional share of the points. Line formula: (Low Bid / Bidder’s Bid X by the possible points).

Example: Bidder A’s Rate Schedule TOTAL is $1,000. Bidder B’s Rate Schedule TOTAL is $1,700. Bidder A earns 40 points. Bidder B earns 22.53 points

· Bidder A: 1,000 / 1,000 = 1; 1 x 40 = 40 points

· Bidder B: 1,000 / 1,700 = .5882; .5882 x 40 = 23.53 points

(APPENDIX G) - REFERENCES

A FORM is provided for this part of your bid response. See (APPENDIX F – REFERENCES.

Bidder this part of your bid response requires you to submit reference from other parties (do not use WA State Parks and Recreation Commission as a reference).

Bidder must provide at least FIVE (5) Reference WITH FRESH ACTIVITY (approximately within three (3) years of the competition’s posting date).

Provide a minimum of five references for similar projects, with name and phone number.

The objective of references is to gage the Responsibility of the bidder. WSPRC reserves the right and may contact your reference and may contact any person, business, agency, or database system that may have information on your skills, abilities, and customer service.

This part of the bid response is scored pass/fail.

RESPONSES - PREPARATION AND SUBMISSION REQUIREMENTS

SUBMISSION OF RESPONSES

Responses are due on: See Face-page for exact details Washington State enacted law allowing for electronic alternatives to pen-to-paper wet-ink signature on hardcopy documents, meaning if WSPRC agrees to alternatives other than wet-ink signature (pen-to-paper) on hardcopy documents, these alternatives may be accepted by WSPRC and are legally binding. See RCW 1.80.

For purposes of this competition document, WSPRC is accepting a PDF scan (or similar representation) of the Bidder’s wet-ink signature when and where a signature is required. For clarity: Print out the competition document, review it, include any other required document(s), complete where necessary, sign where you need to sign with a pen onto the paper, when you believe your bid response is ready to be submitted to WSPRC, scan it as a PDF file, review the PDF file one last time, and then attach the PDF file to your business email and send it to WSPRC. See also, Appendix A – Certification, Assurances, and Waiver, subsection O.

It is WSPRC’s expectation that the Bidder’s bid response email will contain an attachment with all of the required documents scanned as a PDF, including any required signatures.

Bidders are required to submit the bid response electronically by email/email attachment to the address below.

Send you bid response to: BidBox@parks.wa.gov.

· Subject line should include the bid’s identification number, “Bid” and Company name.

Example email subject line: 123-098 Bid ACME

Example email subject line: 123-098 Bid John Smith Construction

Example email subject line: 123-098 Bid Microsoft CAUTION: Submit your bid response early as a safeguard against any technological slow-down or delays. Bids received after the deadline for any reason, no matter the cause, regardless of responsibility, will be rejected.

· The BidBox@parks.wa.gov should send out a confirmation within 20 minutes of receiving the Bidder’s bid response. However, you may request a CONFIRMATION by sending ae email to ContractsAndProdurement@parks.wa.gov. Be mindful that we are busy and may not see the request for a period of time. The single best practice you can do is send in the bid response two days before the bid opportunity closes.

RESPONSE LAYOUT REQUIREMENTS

The Bidder’s bid response should be logically assembled so that the evaluators can easily understand what they reading and relate what they are reading back to the competition document’s requirement. Evaluators appreciate landmarks or references using the competition document’s section numbers and section titles. One mistake that Bidders make is that they have a previously prepared statement or materials that don’t precisely relate to the competition document’s individual requirement (it wasn’t tailored or designed for the requirement), or that the previously prepared statement (or material) is supposed to relate to two or more requirements of the competition document. That can be confusing and may result in a negative impact to the evaluation of the Bidder’s bid response.

NOTE: If evaluators cannot easily identify the statement/material or cannot easily link it to the competition’s section reference, requirement, or question the statement/material may be misunderstood, disregarded, or may negatively impact the evaluation of the response.

EVALUATION AND AWARD

DETERMINATION OF RESPONSIVENESS

All Responses received by the stated deadline will first be reviewed by the Procurement Coordinator to ensure that the Responses appear to contain the information required in this competition document. Only Bid Responses that meet the requirements will be forwarded for further substantive review. Any Response that does not appear to contain all of the required information or any Bidder who does not meet the mandatory qualifications will be rejected as non-responsive and will be removed from further evaluation. However, the Procurement Coordinator has the right to waive minor informalities, and/or seek clarification if confused provided that neither alters the content of the Response.

WSPRC reserves the right to: (1) Waive any informality (WSPRC reserves the right to determine the actual level of Bidders’ compliance with the requirements specified in this competition and to waive informalities in a bid). An informality is an immaterial variation from the exact requirements of the competition, 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.; (2) Reject any or all bids, or portions thereof; (3) Cancel the Competitive Solicitation and may re-solicit bids; and/or (4) Negotiate with the lowest responsive and responsible Bidder(s) (or Bidder with the most points) to determine if such bid can be improved.

1.1.1 Rejected Bids/Bidders & Rejection Notification & Rejection Response This Rejection Response process is not governed by Washington’s Administrative Procedures Act (APA), RCW 34.05, nor does it confer any additional rights above and beyond what the Bidder already enjoys as a taxpayer. The purpose of this process is to allow WSPRC to correct evaluation process errors and problems before a contract is executed.

WSPRC will perform a preliminary evaluation which is largely procedural. See Section 5.4.1 - Preliminary Evaluation (Procedural) and all of this section’s subparts.

If WSPRC determines that a bid or Bidder must be rejected under 5.4.1 and/or subparts, WSPRC will send a rejection notification to the email address provided by the Bidder in the Bidder Profile form (Appendix B). WSPRC bears no responsibility for any issue or technological issue preventing actual receipt of the notification to the rejected Bidder.

Two Business-day Response Period: The Bidder may refute the rejection. The rejected Bidder must respond to the rejection within two (2) business-days following the day of rejection notification.

· The Bidder’s Rejection Response must be sent to ContractsAndProcurement@parks.wa.gov.

· Subject line must include the bid’s identification number and “Rejection”. See the first page or footer for the bid’s identification number.

Example email subject line: 123-098 Rejection

· The Bidder must explain how and why WSPRC erred in rejecting the Bidder’s bid under Section 5.4.1 - Preliminary Evaluation (Procedural).

WSPRC will consider the rejected Bidder’s response, and if in WSPRC’s opinion, it determines error on our part, the bid will be moved forward to further evaluation. If WSPRC determines it did not err, the bid will not be moved forward for evaluation.

The process detailed in this section (Section 5.1.1), does not supersede or displace the DEBRIEF process or PROTEST process. A Bidder may after the Announcement of Apparent Successful Bidder is announced, request a Debrief, and a Debrief is a prerequisite for a Protest. See Section 6.3 – Debriefing of Bidders and Section 6.4 – Protests for expanded details about the process and what WSPRC will recognize as legitimate.

GENERAL EVALUATION PROVISIONS

The evaluation process is designed to award a contract to the Bidder with the best value based on the selected evaluation criteria.

Evaluations of subjective material will likely be conducted by the customer program requiring the goods/services or an evaluation team. WSPRC has sole discretion over the selection of evaluators and will make such selections based on each potential evaluator’s availability, knowledge, skills, and experience with the subject matter. Evaluator(s) will independently grade and score or consensus score the Bidder’s material based on their own independent judgment, and in accordance with the format noted herein for each respective requirement. Evaluator(s) will only evaluate the material contained in the Responses and will not incorporate outside material into their determinations. The evaluator(s) has sole discretion over his or her final scores.

Bidders should take every precaution to assure that all answers are clear, complete and directly responsive to each specific requirement.

EVALUATION OF COMPLETION BY DATE

The Agency reserves the right to require that the Apparent Successful Bidder (ASB) provide within three (3) business days after request, satisfactory evidence of ability to have the services performed and completed by: March 4, 2022. Failure to provide satisfactory evidence may be grounds for submittal rejection.

EVALUATION STEPS

1.1.2 Preliminary Evaluation (Procedural)

a) Did the bid response arrive by the due date (deadline) to the proper location? Pass/Fail.

b) Did the Bidder, on behalf of the Bidder’s Firm, appear to bind the company to the commitment of the competition (manifestation of assent)? Pass/Fail. Acceptable manifestations of assent may include:

· Is the bid signed by an individual (a person and NOT a group or team)) with a wet-ink signature albeit provided as a PDF scan, photo, or other similar visual copy representation?

c) Did the Bidder appear to provide and complete the information requested? Pass/Fail.

d) Does the Bidder appear to accept the WSPRC terms and conditions without reservation? Pass/Fail.

e) Does the Bidder, under penalty of perjury, certify it is not a Wage violator (see Certification - Wage Theft Prevention)? Pass/Fail.

f) Does the Bidder, under penalty of perjury, certify it supports worker’s rights (see Certification - Supporting Workers’ Rights)? Pass/Fail.

g) If submittals were required, were the submittals provided and do they appear to be complete so that the bid could be compared to other conforming bids? Pass/Fail.

h) If any bid is rejected at this stage, send a Rejection Letter to the Bidder’s email address provided by the Bidder in the Appendix B – Bidder Profile. See also Section 5.1.1 – Rejected Bids/Bidders & Rejection Notification & Rejection Response. Otherwise, advance the bid(s) to Section 5.4.2 – Substantive Evaluation: Phase 1.

1.1.3 Substantive Evaluation: Phase 1

a) Preferences and penalties: Preferences and penalties that are required by law, rule, or competition document will be applied to bid pricing. A preference reduces the Bidder’s stated price by the amount of the preference and is an advantage to the Bidder. A penalty increases the Bidder’s stated price by the amount of the penalty and is a disadvantage to the Bidder. Preferences and penalties are applied to the pricing for evaluation purposes only but are not applied for purchasing purposes if awarded the contract.

· Determine Reciprocity under RCW 39.26.271, WAC 200-300-075, DES Reciprocity Information, DES Reciprocity Map (list). Determine the business address from which the bid was submitted. Check the DES Reciprocity Map (list) to determine, for evaluation purpose only, if the bid’s pricing must be increased or rejected.

· Determine Polychlorinated Biphenyls (PCB):

b) If submittals were required, were the submittals provided and were they materially complete so that the material aspects of the bid response can be compared to other conforming bids? Pass/Fail. If a points methodology is being used instead of a pass/fail methodology, then determine the points.

c) Determine the low bid; use subtotal value. If a points methodology is being used instead of low bid methodology, then determine the points.

d) References: If not waived by WSPRC, do the references reflect good customer service and good product quality, and no meaningful apprehension from using this Firm in the future? Pass /Fail. If a points methodology is being used instead of a pass/fail methodology, waiver is not allowed, WSPRC must determine the points.

e) Responsibility of the Bidder: In determining the responsibility of the Bidder, WSPRC may also consider: RCW 39.26.160 Bid awards—Considerations—Requirements and criteria to be set forth—Negotiations—Use of enterprise vendor registration and bid notification system. If considered then Pass/Fail.

f) Upon determining the lowest priced responsive and responsible Bidder (or responsive and responsible Bidder with the most points), perform the Announcement of ASB UNLESS the Substantive Evaluation: PHASE 2 (optional) is used.

1.1.4 Substantive Evaluation: Phase 2 (Optional)

a) Following PHASE 1 if WSPRC so chooses, the lowest priced responsive and responsible Bidder (or responsive and responsible Bidder with the most points) may be required to appear in some form and/or present additional materials to validate to the WSPRC that the services or items offered meets the WSPRC’s needs and meets all other competition terms & conditions. If WSPRC requests materials it deems necessary to validate the services or item offered, the materials must be provided within five (5) business days or face possible elimination. The Bidder WILL NOT be allowed to materially change its bid response and the examination will be limited to the validation of the item and/or services offered. If WSPRC in its sole discretion determines that the Bidder’s bid does not meet the WSPRC needs and/or other competition terms & conditions, the Bidder’s bid response will be rejected and the next lowest responsive and responsible (or responsive and responsible Bidder with the most points) bid response may be considered. This process may repeat itself until an Apparent Successful Bidder (ASB) is determined or the competition is cancelled.

b) Upon determining the lowest priced responsive and responsible Bidder (or responsive and responsible Bidder with the most points), perform the Announcement of ASB.

SELECTION OF APPARENT SUCCESSFUL BIDDER

Note: The Bidder meeting all responsive criteria and having the lowest costs (or, highest final cumulative score) will be selected as the Apparent Successful Bidder (ASB).

WSPRC will notify the Apparent Successful Bidder, and the non-successful Bidders, via email to the address provided in the Bidder Profile (Attachment B) - Primary Contact Person for Questions/Contract Negotiations.

ANNOUNCEMENT OF ASB, PUBLIC DISCLOSURE, DEBRIEF, AND PROTESTS

ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER (ASB)

Following the bid Evaluation, WSPRC will announce TO ALL BIDDERS the Apparent Successful Bidder (ASB) by email to the email address provided by the Bidder in the Bidder Profile (Appendix B).

The Announcement of ASB starts a clock and it is the responsibility that the Bidder provide a working email. WSPRC accepts no responsibility for the Bidder’s actual receipt of the Announcement of ASB.

The announcement is called the Announcement of Apparent Successful Bidder. Notification that a Firm(s) was selected as the ASB simply means that at this point in time WSPRC believes the ASB was the lowest cost responsive and responsible Bidder (or Bidder with the most points), but designation as the ASB is not a guarantee of a contract and/or WSPRC Purchase Order, or purchase. WSPRC reserves the right to reevaluate the ASB’s bid and determine whether the ASB’s bid was responsive and responsible and successful as first thought. ASBs are cautioned not to commit funds, resources, and effort prior to receiving an actual executed contract and/or WSPRC Purchase Order. Bidders and ASBs that commit funds, resources, and effort prior to a contract and/or WSPRC Purchase Order do so at its own risk and peril. Further, WSPRC cautions against any premature action prior to an executed contract and if any premature action causes a disruption or dilemma for WSPRC, it could result in no contract being executed.

Following the announcement of the ASB, Bidders may request a Debrief conference. The Bidder will have a short period of time to request the Debrief conference. NOTE: A Debrief conference is a mandatory prerequisite for any Bidder desiring to protest the award.

PROCUREMENT RECORDS DISCLOSURE

Procurement records for this competition cannot be released or viewed until after the Announcement of Apparent Successful Bidder (ASB); see Section 6.1 – Announcement of Apparent Successful Bidder.

A Bidder may request copies of the competition records, including the solicitation and evaluation documents or may inspect the competition records.

Washington State Parks and Recreation Commission (WSPRC) has a Public Records Officer.