12722 Medical PPE Solicitationv3.1.docx

WASHINGTON STATEWIDE CONTRACT COMPETITIVE SOLICITATION – NO. 12722

MEDICAL PERSONAL PROTECTIVE EQUIPMENT

INTRODUCTION

The Washington State Department of Enterprise Services (Enterprise Services) is issuing this Competitive Solicitation pursuant to RCW 39.26. Pursuant to this Competitive Solicitation, Enterprise Services intends to conduct a competitive procurement to establish and award multiple Washington Statewide Contracts (Contract(s)), by defined category, for eligible purchasers to purchase specified medical personal protective equipment (Medical PPE). For purposes of this Competitive Solicitation and the resulting Contracts, Medical PPE is divided into the following eighteen (18) Procurement Categories (Category(ies)):

1. Powered Air Purifying Respirators (PAPR);

2. N95 – High Use Products

3. Fit Test Kits and Replacement Test Solutions

4. Cloth Face Masks

5. Disposable Masks

6. Surgical Face Masks with Face Shield

7. Face Shields and Goggles: ANSIZ87.1 Required

8. Face Shields and Goggles

9. Nitrile Gloves: FDA Approved

10. Nitrile Gloves

11. Polychloroprene/Chloroprene/Neoprene Gloves: FDA Approved

12. Polychloroprene/Chloroprene/Neoprene Gloves

13. Surgical Gowns

14. Coveralls

15. Shoe Covers

16. Hair Covers

17. Hand Sanitizer

18. Sanitizing Wipes and Spray

Bidders may bid on one, multiple, or all Categories. Bidder must supply all requested products in a Procurement Category to be considered a complete and responsive bid with exception for Categories One and Two which have alternate Category requirements (See Exhibit G for a full explanation and Exhibit C to place bid pricing).

Washington state agencies and other eligible purchasers periodically need to purchase Medical PPE. Occasionally, such procurement need is widespread (e.g., a health pandemic) and numerous eligible purchasers need to procure Medical PPE simultaneously and cannot defer procurements. Accordingly, this Competitive Solicitation is designed to result in multiple Contracts, by Category, to create resilient Medical PPE sourcing channels and enable Washington state agencies and other eligible purchasers to purchase Medical PPE in a cost-effective and efficient manner while reducing the risk of exhausting or overwhelming a more limited procurement solution. This Competitive Solicitation is designed to award two (2) Contracts for each Category of Medical PPE.

In addition, to reduce barriers to participation in state procurement and contracting and encourage state agency purchases of goods from Washington small businesses or Certified Veteran-owned businesses, Enterprise Services intends to award up to two (2) additional Contracts, by Procurement Category, to responsive and responsible bidders who certify and qualify as a ‘Washington Small Business’ or ‘Certified Veteran-owned Business’ as set forth in Exhibit A-1 – Bidder’s Certification #21 or #23, unless otherwise not awarded.

Similarly, to promote critical Medical PPE manufacturing in Washington and enable Washington state agencies, other eligible purchasers, and Washingtonians potentially to have increased local Medical PPE resources and to encourage state agency purchases of Medical PPE from Washington manufacturers, Enterprise Services intends to award up to one (1) additional Contract, by Procurement Category, to a responsive and responsible bidder who certifies and qualifies as a ‘Washington Manufacturer’ as set forth in Exhibit A-1 – Bidder’s Certification #22, unless otherwise not awarded.

In summary, there is the potential to award up to five (5) total contracts per Procurement Category with exception for Categories one and two where awards will be made by manufacturer (further detailed in Exhibit G).

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

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

· Section 2 provides important information about the procurement that is designed to help interested bidders evaluate the potential opportunity, including the purpose of the procurement and Statewide Contracts, the form of the resulting Contract, and potential contract sales.

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

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

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

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

In addition, this Competitive Solicitation includes the following Exhibits:

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

· Exhibit A-1 – Bidder’s Certification

· Exhibit A-2 – Bidder’s Profile

· Exhibit B – Performance Requirements: This exhibit outlines the Competitive Solicitation’s required specifications/qualifications. As appropriate, specifications/qualifications are identified by Procurement Category.

· Exhibit C – Bid Price: This exhibit provides the pricing information that bidders will complete as part of their bid and the price evaluation tool that Enterprise Services will use to evaluate and compare bids.

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

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

· Exhibit F – Diverse Business Inclusion Plan: This exhibit is required IF bidder intends to include diverse business partners.

· Exhibit G – Additional Resources for Exhibit C – Bid Price: This exhibit provides essential requirements for each Category, instructions, and additional details explaining each Column in Exhibit C and links to resources helpful in ensuring that correct items are being supplied.

Section 1 – Deadlines, Questions, Procurement Coordinator, and Modification

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

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

COMPETITIVE SOLICITATION DEADLINES

(Pacific Time) Virtual Pre-Bid Conference Attend via Microsoft Teams Weblink: Click here to join the meeting Meeting ID: 242 378 018 835 Passcode: 96ddQP Telephone Pre-Bid Conference Attend via Conference Call +1 564-999-2000,,194592998# United States, Olympia

(833) 322-1218,,194592998# United States (Toll-free) Phone Conference ID: 194 592 998#

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

Procurement Coordinator

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

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

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

Section 2 – Information About the Procurement

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

2.1. PURPOSE OF THE PROCUREMENT – AWARD STATEWIDE CONTRACTS. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award Contracts, by Category for Medical PPE. Enterprise Services intends to issue two (2) awards by Category, for each of the eighteen (18) specified Medical PPE Categories with exception to Categories One and Two which have alternate Category requirements (See Exhibit G). In addition, Enterprise Services intends to issue up to two (2) Contracts, by Medical PPE Category (See Exhibit G for Category One and Two alternate Category requirements), to responsive and responsible bidders who certify and qualify as a ‘Washington Small Business’ or ‘Certified Veteran-owned Business’ as set forth in Exhibit A-1 – Bidder’s Certification #21 or #23 unless otherwise not awarded, and up to one (1) additional Contract, by Category (See Exhibit G for Category One and Two alternate Category requirements), to a responsive and responsible bidder who certifies and qualifies as a ‘Washington Manufacturer’ as set forth in Exhibit A-1 – Bidder’s Certification #22 unless otherwise not awarded. Bidder must respond to all Category requirements to be considered for award in such Category.

· STATEWIDE CONTRACTS. Enterprise Services has statewide responsibility to develop specified enterprise procurement solutions including ‘statewide contracts’ for goods and services. A Statewide Contract (Contract) is a contract for specific goods and/or services that is competitively solicited and established by Enterprise Services, on behalf of the State of Washington, for use by statutorily specified eligible purchasers (see below). Typically, such purchasers use our Contracts through a purchase order, work order, or similar document. The Contract is designed to function as a ‘procurement bridge’ between innovative vendors who have bid and won a competitive solicitation to supply goods/services and eligible purchasers who wish to purchase such goods/services pursuant to pre-determined, clear, consistent, easy to use, value-added Contracts. In short, the Contract will establish precisely what goods/services may be purchased, the relevant performance requirements for such goods/services as well as the vendor’s contractual performance, and the applicable price for such goods/services. Purchaser-specific purchase orders will specify, for example, the particular volume of goods/services, the Purchaser’s delivery location, etc.

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

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

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

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

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

· Evergreen State College;

· Community colleges; and

· Technical colleges.

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

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

· Federal governmental agencies or entities;

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

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

Enterprise Services maintains a list of eligible Contract Usage Agreement parties on the MCUA Listing website.

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

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

2.3. CONTRACT TERM. As set forth in the attached Contract for this Competitive Solicitation, the initial term is twenty-four (24) months with extension options available, not to exceed sixty (60) months. Bidders are to specify prices for the initial contract term (i.e., the first 24 months). The Contract is subject to earlier termination.

2.4. ESTIMATED SALES. Enterprise Services has not previously established a Contract for the goods/services being solicited in this Competitive Solicitation, except for Categories Nine through Fourteen (Gloves) (see sales data below). Accordingly, the total potential Contract sales for each or all of the Categories are not known. As stated in this Competitive Solicitation, however, the resulting Contract will be available for use by all eligible purchasers. Such purchasers will decide whether the Contract meets their needs. Enterprise Services does not represent or guarantee any minimum purchase from the Contract.

Historically, Enterprise Services has had a Statewide Contracts for disposable examination gloves. As set forth in the following chart, for that contract, annual total sales averaged $1,186,390.67 for disposable examination gloves:

ANNUAL GLOVE SALES

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

· Executive Order 18-03: Ten (10) points

Section 3 – Bid Evaluation

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

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

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

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

· Enterprise Services reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof; (4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or (6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

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

Exhibit C – Bid Price

3.2. BID RESPONSIVENESS (STEP 1). Enterprise Services will review bids – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that Enterprise Services will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. Enterprise Services reserves the right – in its sole discretion – to determine whether a bid is responsive – i.e., to determine a bidder’s compliance with the requirements specified in this Competitive Solicitation and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders. Responsive bids will be evaluated as set forth herein.

Bidders must respond to all requirements of the defined Category to be considered for a Contract award in such Category. A bidder must complete and provide Exhibit C – Bid Price for each and every Category that bidder wishes to be considered for a Contract award.

3.3. PERFORMANCE REQUIREMENTS EVALUATION (STEP 2). Enterprise Services will evaluate each bid to ensure that each bidder’s goods and/or services meet the specifications and/or performance requirements set forth in Exhibit B – Performance Requirements. Enterprise Services will evaluate scored performance requirements by reviewing and comparing the submitted response to each scored requirement. After submitted responses are scored, bidders will be further evaluated and advance to Step 3A.

Enterprise Services reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested information to Enterprise Services within ten (10) business days may result in disqualification.

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

· Every Category will be evaluated individually.

· Each Category includes a line-item list of products with specifications. Bidders must provide the requested information for each line item in the respective Category that bidder wishes to bid. Failing to provide information for each line item may be cause for bid rejection. Full bidding requirements by Category, instructions, and exceptions must be reviewed in Exhibit G – Additional Resources for Exhibit C. Furthermore, in Categories One and Two, bid pricing will be evaluated by the Manufacturer, rather than by the complete line-item list. Each product in a Category will be broken down by final cost per individual item for the smallest available retail package size as detailed in Exhibit G.

· Each product’s final cost per individual item will be summed to determine the cumulative bid price. The Bidder with the lowest cumulative bid price in a Category will receive the maximum available five hundred (500) points for that Category. Other bidders who bid the same Category and who do not have the lowest cumulative bid price will have their score determined with the following formula:

(Lowest cumulative bid price/Bidder’s cumulative bid price) X 500 = Bidder’s Cost Factor points for that respective Category.

3.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 4). Enterprise Services will apply the following Washington State procurement priorities and preferences, as set forth below, to this Competitive Solicitation:

· PROCUREMENT PREFERENCE FOR EXECUTIVE ORDER 18-03 (Firms without Mandatory Individual Arbitration for Employees). Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), Enterprise Services will evaluate bids for best value and will provide a bid preference in the amount of ten (10) points to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

3.6. PRODUCT REVIEW (STEP 5). Once the highest-scored responsive bidders per Category (Top Bidders) are determined, Enterprise Services will perform verification checks to ensure products meet FDA approval, guidelines, and are appropriately registered in relevant FDA databases (and are not found on any FDA banned lists). Should any question or issue arise surrounding verification, Top Bidder will have up to five (5) business days to provide supporting documentation.

Pending this verification, Top Bidders will then be asked to submit a sampling of up to five (5) products per Category from their bid list as chosen by Enterprise Services for review to ensure products meet specifications/qualifications, has appropriate documentation demonstrating relevant certifications, and performs as advertised and as expected. The Top Bidders will receive notice of the requested items and must then timely submit the same to Enterprise Services as instructed.

· PRODUCT SUBMITTAL PROCESS. For each Category that a Top Bidder qualifies in, such bidder will receive notice of the sampling of products requested and where to send them. Such bidder must submit the following within seven (7) calendar days of notice:

i. Product Sample and Packaging. For each requested product, bidder must submit a single box or smallest available unit shipped. For Example, if gloves come in boxes of one hundred, Top Bidder may send a single box. Bidder must also submit product packaging, including any exterior packaging, that relates product name, size, quantity, certifications, etc.

ii. Certification Documentation. For each requested product, bidder must submit the applicable certification documentation for the product. Note: If bidder is not a manufacturer of the product, bidder may need to obtain such certification documentation from the product manufacturer.

iii. Product Return or Payment Instructions. For each requested product, bidder must include product return or payment instructions pertaining to the product samples. Enterprise Services does not accept gifts from vendors. Accordingly, bidders may not instruct Enterprise Services to keep the submitted product samples. Enterprise Services will either return the product samples or pay bidder for such product samples; pricing must be in line with bid prices.

· PRODUCT SAMPLE APPROVAL PROCESS. Product samples will be handled, evaluated, and analyzed. Documentation will be reviewed and analyzed. Enterprise Services, in consultation with any subject matter experts involved, will determine whether Top Bidder’s submitted product samples meet the Competitive Solicitation specifications/qualifications.

3.7. BIDDER RESPONSIBILITY ANALYSIS (STEP 6). For responsive bids, Enterprise Services must determine whether the bidder is a ‘responsible bidder.’ Accordingly, Enterprise Services will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, Enterprise Services will consider the following statutory elements:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.10. BID INFORMATION AVAILABILITY. Upon Enterprise Services’ announcement of ASBs, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2). Upon Enterprise Services’ announcement of ASBs, Enterprise Services will post all bid evaluations to Enterprise Services’ website. In addition, Enterprise Services intends to post all winning bid submissions to its contract portal webpage after Contracts are awarded.

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

Section 4 – How to Prepare and Submit a Bid for this Competitive Solicitation

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

4.1. PRE-BID CONFERENCE. Enterprise Services will host a Competitive Solicitation pre-bid conference at the time set forth in Section 1.1 of this Competitive Solicitation. Attendance is not mandatory. Bidders, however, are encouraged to attend and participate. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have. If changes to the Competitive Solicitation are required as a result of the pre-bid conference, the Procurement Coordinator will post an amendment to this Competitive Solicitation to WEBS. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

4.2. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator specified in Section 1.2 of this Competitive Solicitation. Bidders should rely only on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding.

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

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

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

4.3. PRICING. Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this Competitive Solicitation. See Exhibit C – Bid Price. A bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

· Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind. Please note: When determining pricing, it is expected that pricing includes the cost of shipping within fourteen (14) calendar days After Receipt of Order (14 days ARO). Bidder may offer products packaged in alternate quantities, colors, or other variations in the unscored Expanded Item Pricing List. Bidder may also offer discounts for bulk purchasing, aggregate purchasing, or alternate shipping speeds in the unscored “Additional Charges” tab of Exhibit C – Bid Price. Unscored elements will still be considered for inclusion in the final signed Contract.

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

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

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

· EXHIBIT A-1 – BIDDER’S CERTIFICATION

This document is the Bidder’s Certification.

Complete the certification, along with any exceptions or required explanations, and submit it with the bid to Enterprise Services.

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

· EXHIBIT A-2 – BIDDER’S PROFILE

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

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

· EXHIBIT B – PERFORMANCE REQUIREMENTS

Bidder will need to confirm that bidder’s goods and/or bidder’s performance meet or exceeds the detailed specifications/qualifications set forth in Exhibit B -Performance Requirements and submit it with the bid to Enterprise Services. Note: the Certification must be complete. Where there are choices, bidder must check a box.

· EXHIBIT C – BID PRICE

Bidder will need to complete the price worksheet tool as instructed in Exhibit G – Additional Resources for Exhibit C and submit Exhibit C with the bid to Enterprise Services. Bidders may bid on one, multiple, or all Categories of Medical PPE. Bidder must supply all requested products in a Category to be considered a complete and responsive bid unless Category requirements state otherwise (See Exhibit G).

· EXHIBIT E – BIDDER’S CONTRACT ISSUES LIST (if any) This document is a required bid submittal IF bidder has business issues with the Contract attached as Exhibit D – Contract. If so, bidder must complete Exhibit E – Bidder’s Contract Issues List as instructed therein and submit it with the bid to Enterprise Services. In finalizing a Contract, Enterprise Services will not consider Contract revisions, if any, that were not set forth in Exbibit E as instructed.

· EXHIBIT F– BIDDER’S DIVERSE BUSINESS INCLUSION PLAN – SUBCONTRACTORS

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

· EXPANDED ITEM PRICING LIST

Bidder may submit an item pricing list for additional relevant products that were not requested in Exhibit C, but fit into the Categories of products that Bidder has placed a bid on. If Bidder wins a category, items from the expanded item list may be considered for inclusion on State Contract, but will not be considered for bid evaluation purposes.

4.5. BID FORMAT. Bids must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by Enterprise Services, documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or electronic signature.

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

Section 5 – Complaint, Debrief, & Protest Requirements

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

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

a. CRITERIA FOR COMPLAINT. A complaint may be based only on one or more of the following grounds: (a) The Competitive Solicitation unnecessarily restricts competition; (b) The Competitive Solicitation evaluation or scoring process is unfair or flawed; or (c) The Competitive Solicitation requirements are inadequate or insufficient to prepare a response.

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

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

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

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

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

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

c. REQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after ASB announcement. Debrief conferences may be conducted either in person at the Enterprise Services offices in Olympia, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by Enterprise Services, and may be limited by Enterprise Services to a specified period of time. A bidder’s failure to request a Debrief Conference within the specified time and attend the Debrief Conference constitutes a waiver of the right to submit a protest. Any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator before or during the Debrief Conference may be deemed waived for protest purposes.

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

a. CRITERIA FOR A PROTEST. A protest may be based only on one or more of the following: (a) Bias, discrimination, or conflict of interest on the part of an evaluator; (b) Error in computing evaluation scores; or (c) Non-compliance with any procedures described in the Competitive Solicitation

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

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

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

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

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

i. Be in writing;

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

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

iv. Identify the Competitive Solicitation number;

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

vi. Be sent to the address identified below.

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

5.5. HOW TO CONTACT ENTERPRISE SERVICES.

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

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

b. TO REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Debrief” in the subject line of the email message.

c. TO SUBMIT A PROTEST. Send an email message to the Protest Officer at the following email address: DESDLProcurementProtest@des.wa.gov. The email message must include “Protest” in the subject line of the email message. Alternatively, mail the protest to the Protest Officer at the following address:

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

Section 6 – Doing Business with the State of Washington

This section provides additional information regarding Washington’s Public Records Act and doing business with the State of Washington, including Enterprise Services’ efforts to enable Washington’s small, diverse, and veteran-owned businesses to compete for and participate in state procurements for goods/services.

6.1. WASHINGTON’S PUBLIC RECORDS ACT – PUBLIC RECORDS DISCLOSURE REQUESTS.

· All documents (written and electronic) submitted to Enterprise Services as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See RCW 42.56, Public Records Act. Enterprise Services strongly discourages bidders from unnecessarily submitting sensitive information (e.g., information that you might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

· If, in bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

· In addition, if, in bidder’s judgment, certain portions of bidder’s bid are not statutorily exempt from disclosure but are sensitive because these particular portions of bidder’s bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that bidder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of bidder’s bid that include such sensitive information.

· In the event that Enterprise Services receives a public records disclosure request pertaining to information that bidder has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, Enterprise Services, prior to disclosure, will do the following:

· Enterprise Services’ Public Records Officer will review any records marked by bidder as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, Enterprise Services will redact or withhold the document(s) as appropriate.

· For documents marked ‘sensitive’ or for documents where Enterprise Services either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, Enterprise Services will notify the bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that Enterprise Services intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining Enterprise Services from such disclosure. In the event bidder fails to timely file a motion for a court order enjoining such disclosure, Enterprise Services will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by bidder of any claim that such materials are exempt or protected from disclosure.

6.2. SMALL & DIVERSE BUSINESSES. Enterprise Services, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See, e.g., RCW 39.19 (OMWBE certified businesses); RCW 43.60A.200 (WDVA Certified Veteran-Owned Businesses); and RCW 39.26.005 (Washington Small Businesses). In support of the state’s economic goals and to support a diverse supplier pool, Enterprise Services has established the following voluntary numerical goals for Enterprise Services’ Competitive Solicitations:

· Ten percent (10%) Minority-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Six percent (6%) Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Five percent (5%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA); and

· Twenty-five percent (25%) Washington Small Businesses, five percent (5%) of which are microbusinesses or minibusinesses as defined in RCW 39.26.010(16) and (17).

Achievement of these goals is encouraged whether directly or through subcontractors.

· OMWBE CERTIFICATION. Bidders may contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and Women-Owned certified firms, state and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at OMWBE.