2024 HQ401618R Resistivety Meter System.docx

Request for Quotes (RFQ) HQ401618R HQ401618R Resistivity Meter Testing System The Washington State Department of Transportation (WSDOT) issues this Request for Quotes (RFQ) under the authority of the Revised Code of Washington (RCW) 39.26. WSDOT reserves the right to modify dates and times. Any changes will be sent electronically as Amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this RFQ.

Posting Date 9/30/2024

Quotes Are Due October 16th, 2024 at 2:00 pm

Anticipated Award Date October 24th, 2024 (usually within one month of due date)

Deliver Quotes to: Email: rita.swart@wsdot.wa.gov

IMPORTANT: Bids must be delivered via Email to rita.swart@wsdot.wa.gov and should have the following information enclosed:

· RFQ Number

· Bid Due Date and Time

· Procurement Coordinator’s Name

· Bidder’s Company Name & Address

Required bid submittals shall be attached to the email as PDF, Microsoft Word, or Microsoft Excel format.

Description of Requirements:

The Washington State Department of Transportation (WSDOT) is seeking quotes for 1 Resistivity Meter Testing System, actual quantity may be less than or greater that the estimated quantity. WSDOT is issuing this Competitive Solicitation pursuant to RCW 39.26. Pursuant to this Competitive Solicitation, WSDOT intends to conduct a competitive procurement to award an Agency Contract for WSDOT to purchase 1 Resistivity Meter Testing System, estimated to be valued of $150,000 or less. Because it is estimated to be $150,000 or less, the agency intends to award the contract to the lowest responsive and responsible bid from a Washington State small business (as defined in RCW 39.26.010(22)(a) or veteran-owned business, unless none of these businesses are responsible and responsive to this solicitation. WSDOT reserves the right to modify dates and times. Any changes will be sent electronically as amendments to all users of Washington’s Electronic Business Solutions (WEBS) who downloaded this RFQ.

All special terms, conditions, and technical requirement will be described in upcoming sections. Bidders must be authorized to sell in the State of Washington.

Bid Submittal The following checklist identifies the submittals which will comprise a Bid. Any Bid received without a REQUIRED submittal may be rejected as being non-responsive. Please identify each page of the submittals, as well as any supplemental materials with your company name or other identifiable company mark.

· Signature (REQUIRED): Complete, print, sign and return in PDF format the Bidder Certification & Contract Signature Page as instructed (SEE PAGES 16-22).

· Price Sheet (REQUIRED): Complete and return a copy of the Price Sheet Appendix as instructed. Failure to address each line item as instructed and using the price sheet provided may result in a bid being rejected for lack of responsiveness (SEE PAGE 14).

· Technical Specifications (REQUIRED): Complete and return the Technical Specifications Appendix (sample provided) as instructed. Failure to address each line item may result in a bid being rejected for lack of responsiveness. Material deviations from the specifications may disqualify the Bid (SEE PAGE 14).

· Workers’ Rights (Required): Complete and return a copy of the Contractors Certification Executive Order 18-03 – Workers’ Rights Appendix (SEE PAGE 14).

· Add-On Clause: Complete and return a copy of the Add-On Clause Appendix (SEE PAGE 14).

· Wage Theft Prevention (Required): Complete and return a copy of the Contractors Certification Wage Theft Prevention Appendix (SEE PAGE 15).

· Insurance documentation (SEE PAGES 9-10).

Format One (1) copy of all required documents shall be submitted as attachments to an email addressed to rita.swart@wsdot.wa.gov. All attached documents must be legible and completed in ink or with an electronic printer or other similar office equipment, and properly signed by an authorized representative of the Bidder. WSDOT prefers the same file format(s) as the format(s) used to create the submittals (i.e. MS Word, Excel) unless written information is included as a part of the submittal, such as a signature. For submittals with written information or copies of other documents such as licenses, please submit as a .pdf. All changes and/or erasures shall be initialed in ink. Unsigned quote will be rejected unless satisfactory evidence was submitted clearly establishing the Bidder’s desire and intent to be bound by the Quote, such as a signed cover letter. Incomplete or illegible quote may be rejected.

Due Date and Time Quote packages must be received on or before the due date and time at the email address specified on the cover page. Email time of receipt will be determined by the receipt date/time posted on the WSDOT email system when the email is received in the rita.swart@wsdot.wa.gov inbox.

Vendors should allow sufficient time to ensure timely receipt of the proposal by the RFQ Coordinator. Late Responses will not be accepted and will be automatically disqualified from further consideration.

WSDOT assumes no responsibility for delays caused by Vendors’ e-mail, network problems or any other party. Zipped files cannot be received by WSDOT and must not be used for submission of Responses.

If a Quote is late or received at a location other than that specified it will be rejected.

Quote Opening After the Quote due date and time, the Procurement Coordinator will open and process the quotes protecting the confidentiality of the contents. The names of the Bidders will be recorded and made available upon request, Quote contents will not be available for public view until after the announcement of the Apparent Successful Vendor has been made (RCW 39.26).

SOLICITATION TIMELINE:

General Provisions

· Bidder Responsiveness, Responsibility and Price Factors which will be evaluated based on the Evaluation Process described in this section.

· Bid Responsiveness: WSDOT will review bids – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that WSDOT will review each bid to determine whether it meets all the material terms of the solicitation

· Bidder Responsibility Analysis: For responsive bids, WSDOT will make reasonable inquiry to determine the responsibility of any bidder, i.e., whether the bidder is capable of performing the contract. WSDOT will determine responsibility on a pass/fail basis. This can include reference checks, financial stability, and other evidence that the bidder can meet performance requirements.

· Evaluates each bid to ensure that each small, and/or veteran-owned bidder’s product(s) or service(s) meet the specifications and/or performance requirements set forth in the Specifications Requirements appendices.

· Determines the Apparent Successful Bidder (“ASB”). The ASB will be the responsive and responsible small or veteran-owned bidder that presents the best total value, including price and other factors as set forth in the solicitation.

· If there was no responsive and responsible bid from a small or veteran-owned business, the agency will determine the ASB, based on the responsive and responsible bidder that presents the best value total, from all other bids submitted and will award per the above ASB. Included in the bid evaluation and ASB selection documentation in all awarded contract files, to show that all bids were evaluated consistently, including documents that explain the decision to not award to a small and/or veteran-owned business.

· WSDOT anticipates that one award will be to the bidder that have been determined to be Responsive, Responsible and offer the lowest cost based on the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 39.26, WAC 200-300, and other criteria identified in the RFQ.

· Bidders whose quote exceeds the average of all other bids by 10% will be determined to be non-responsive and will be rejected.

· Bidders whose quotes are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

· To aid in the evaluation process, after the Quote due date and time, WSDOT may require individual Bidders to appear at a date, time and place determined by WSDOT for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature of Contractual requirements. In no manner shall such action be construed as negotiations or an indication of WSDOT’s intention to Award.

WSDOT reserves the right to: (1) Waive any informality; (2) Reject any or all quotes, or portions thereof; (3) Accept any portion of the items quote unless the Bidder stipulates all or nothing in their quote; (4) Cancel an RFQ and re-solicit quotes; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that quote can be improved for the Purchaser; (6) Award on an all or none consolidated basis taking into consideration ”lifecycle costs”; and (7) Award in aggregate when in the best interest of the state.

Determination of Responsiveness Quotes will be reviewed initially on a pass/fail basis to determine compliance with administrative requirements as specified herein.

WSDOT reserves the right to determine at its sole discretion whether a Bidder’s response to a minimum RFQ requirement is sufficient to pass. However, if all Bidders fail to meet any single RFQ requirement, WSDOT may reject all quotes and cancel the RFQ or waive the requirement from the RFQ’s requirements for responsiveness.

Responsive quotes will be further evaluated based on the requirements in this RFQ.

Determination of Responsibility During evaluation, WSDOT reserves the right to make reasonable inquiry to determine the responsibility of any Bidder. Requests may include, but are not limited to, financial statements, credit ratings, references, record of past performance, clarification of Bidder’s offer, and on-site inspection of Bidder's or Bidder's Subcontractor's facilities. Failure to respond to said request(s) may result in a quote being rejected as non-responsive.

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

Costs will be evaluated as follows:

Price sheets will be evaluated to verify that all line items have been completed and to verify that the Evaluated Cost is correct. The Evaluated Cost will be calculated by adding the Extended Price for each item together to achieve the Subtotal. In the event of a mathematical error in the calculation of the Extended Price, unit prices shall prevail. The Subtotal will then have Prompt Payment Discounts (if offered), applied to the totals to arrive at the Evaluated Cost.

Because it is estimated to be $150,000 or less, the agency intends to award the contract to the lowest responsive and responsible bid from a small business (as defined in RCW 39.26.010(22)(a) or veteran-owned business, unless none of these businesses are responsible and responsive to this solicitation. Bidders whose quote exceeds the average of all other bids by 10% will be determined to be non-responsive and will be rejected. Then the bidder offering the lowest Evaluated Cost will be determined to be the lowest bidder.

See Price Worksheet Appendix.

Specification Evaluation Once the lowest bidder has been determined, the lowest bidders’ specifications, including any offered equals or alternatives, may be reviewed by a stakeholder group consisting of subject matter experts.

The stakeholder group will perform an advisory role to the Procurement Coordinator and review and make a finding as to whether or not a submitted specification, including any offered equal or alternative, meets the intent of the RFQ specifications.

The stakeholder group will inform the Procurement Coordinator of its finding in order to assist the Procurement Coordinator in determining if the lowest bidder’s submitted specifications will be acceptable in meeting WSDOT’s needs. WSDOT shall be the sole and final arbiter of whether the submitted specifications, including any proposed equals or alternatives, are acceptable.

Selection of Apparent Successful Bidder The Bidder whose quote is the most advantageous to WSDOT, will be declared the Apparent Successful Bidder. To ensure conformity with RFQ terms and minimum requirements, WSDOT reserves the right to request data, test, and measure as part of the evaluation process prior to award. Failure to provide requested data which ensures conformity with the RFQ terms and minimum requirements within ten days may result in disqualification.

Prior to the Award, WSDOT may negotiate with an Apparent Successful Bidder to determine if a Quote can be improved.

Designation as an Apparent Successful Bidder does not imply that WSDOT will issue an Award to your firm. It merely suggests that at this moment in time, WSDOT believes your quote to be responsive. This designation allows WSDOT to perform a responsibility analysis and ask for additional documentation. WSDOT is also at liberty to re-review and determine whether the quote is truly responsive as initially believed. The Bidder must not construe this as an Award, impending Award, attempt to negotiate, etc. If you act or fail to act in reliance of this notification, you do so at your own risk and expense.

Announcement of Apparent Successful Bidder (ASB) WSDOT will notify all Bidders of the Apparent Successful Bidder prior to the actual Award. This notification is usually communicated by a means outside of the WEBS notification system.

Award An Award, in part or full, is made by WSDOT signature on the signature page (Contract Signature Page). WSDOT may include an Award Letter which further defines the Award and is included by reference in the Contract. WSDOT reserves the right to Award on an All or Nothing consolidated basis.

Following the Award, all Bidders will receive a Notice of Award; usually through a WEBS notification.

Bid Information Availability after announcement of ASB After the notification of the apparently successful bidder has been made, information regarding results of the RFQ may be obtained by contacting the Procurement Coordinator. Bidders may also schedule an appointment to review the bidding process.

Terms and Conditions The following terms and conditions apply in accordance with Washington State Laws and Regulations, and the Washington State Department of Enterprise Services, which are hereby incorporated by reference.

Right to Cancel WSDOT reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

Changes No alteration in any of the terms, conditions, delivery, price, quality, quantities, or specifications of an order resulting from this solicitation will be effective without prior written approval of the WSDOT.

Acceptance This Request for Quote and any order resulting from this solicitation expressly limits acceptance to the terms and conditions stated herein. Any terms proposed by Supplier are objected to and hereby rejected, unless otherwise provided for in writing by WSDOT.

Brands When a particular brand is specified, it shall be construed solely for the purpose of indicating the standard of quality, performance, or use desired. Brands of equal quality, performance, and use may be considered, provided the Supplier specifies the brand and model and submits descriptive literature. WSDOT shall be the sole and final arbiter of whether a proposed equal is in fact of equal quality, performance or use and whether a proposed equal is acceptable.

Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal. WSDOT will review the Bidder’s proposed alternate, including any specification exceptions and supporting documentation, in determining whether or not the proposed alternative will be acceptable in meeting WSDOT’s needs. WSDOT shall be the sole and final arbiter of whether the proposed alternate is acceptable.

Rejection All goods or materials purchased herein are subject to written approval by WSDOT. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by WSDOT or returned will be at Supplier’s risk and expense.

Infringements Supplier agrees to protect and save harmless WSDOT against all claims, suits, or proceedings for patent, trademark, copyright, or franchise infringement arising from the purchases, installation, or use of goods and materials resulting from this solicitation. Supplier assumes all expenses and damages arising from such claims, suits, or proceedings.

Warranties Supplier warrants that items supplied as a result of this solicitation conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for the particular purpose.

Liens, Claims, and Encumbrances Supplier warrants and represents that all the goods and materials ordered as a result of this solicitation herein are free and clear of all liens, claims, or encumbrances of any kind.

Save Harmless Supplier shall protect, indemnify, and save WSDOT harmless from and against any damage, cost, or liability for any injuries to persons or property arising from acts or omissions of Supplier, his employees, agents, or subcontractors, howsoever caused.

Anti-trust Supplier and WSDOT recognize that in actual economic practice, overcharges resulting from anti-trust violations are in fact borne by WSDOT. Therefore, Supplier hereby assigns to WSDOT any and all claims for such overcharges.

Default WSDOT may terminate any order or contract resulting from this solicitation, without penalty or further liability, upon not less than Thirty (30) days prior written notice to Supplier, if Supplier defaults on any provision of the order or contract and fails to cure such default within that Thirty (30) day period, or such longer period, as may be reasonably determined by WSDOT, if Supplier is diligently working to cure the default.

Termination In the event of a breach by Supplier of any of the provisions of an order or contract resulting from this solicitation, WSDOT reserves the right to cancel and terminate the contract forthwith upon written notice to Supplier. Supplier shall be liable for damages suffered by WSDOT resulting from Supplier’s breach of contract.

Attorney’s Fees In the event of controversy, claim, or dispute arising out of any order or contract resulting from this solicitation for which the Supplier is adjudged by a court of competent jurisdiction to be at fault, Supplier shall pay to WSDOT all attorney’s fees, costs and expenses incurred by WSDOT in connection therewith.

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

Add-on By mutual written agreement, additional quantities of items may be purchased within 12 months of the date of award provided the original purchase price, terms, conditions, and specifications remain the same.

Add-on purchases shall be submitted to the Supplier using a WSDOT Purchase Order and shall reference the original contract or purchase order.

Pricing - Include all Cost Components in Pricing Bidders must identify and include all elements of recurring and non-recurring costs in their pricing. Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, wiring and supplies needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, testing and initial instruction to agency personnel, warranty work and maintenance of the products/services, handling charges such as packing, wrapping, bags, containers, reels; and any processing fees associated with credit card payment.

Notwithstanding the foregoing, in the event that market conditions, laws, regulations, or other unforeseen factors dictate, at WSDOT’s sole discretion, additional charges may be allowed during the contract term.

Purchase Card Acceptance It is not mandatory that suppliers accept the credit card as payment; however, WSDOT encourages suppliers to consider this alternate payment process. Any processing fees associated with the purchasing card must be included in the product pricing and not as a separate fee.

Shipping Instructions Unless otherwise specified, all goods are to be shipped prepaid, FOB Destination. Where shipping addresses indicate room numbers; Supplier shall make delivery to that location at no additional charge.

Where specific authorization is granted to ship goods FOB shipping point, Supplier agrees to prepay all shipping charges and route as instructed, or if instructions are not provided, route by cheapest common carrier and bill WSDOT as a separate item on the invoice for said charges. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made.

WSDOT reserves the right to refuse COD shipments.

Contractors Liability Insurance Contractor shall obtain all the insurance required by the Contract Documents. Insurance coverage shall name the Owner as an additional insured. Exception: Builder’s Risk property insurance and the Installation Floater shall evidence the Owner as the “named insured”. Companies writing the insurance shall be licensed to do business under Title 48 RCW. Contractor shall include in its bid the cost of all insurance and bonds required to complete the base bid work and accepted alternates. Insurance carriers shall be acceptable to Owner and Carrier’s AB. Best rating shall be indicated on the insurance certificate.

Contractor shall maintain the insurance coverage required by the Contract Documents during the Work and for one year after Final Acceptance. None of the insurance coverage’s may be cancelled or materially changed without 45 days prior notice to Owner.

If a deductible applies to any claim under the policies described in Part 2.01 CONTRACTOR’S LIABILITY INSURANCE, then payment of that deductible will be the responsibility of the Contractor, notwithstanding any claim of liability against the Owner. However, in no event shall any provision for a deductible provide for a deductible in excess of $50,000.00.

Required Coverage and Limits Insurance Coverage Certificates the Contractor shall furnish acceptable proof of insurance coverage on the State of Washington Certificate of Insurance form SF500A, dated 07/02/92 or ACORD form.

Required coverage shall be as follows:

Comprehensive General Liability Insurance – The Contractor shall at all-times during the term of this contract and for a duration of three years after Final Completion, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death or property damage occurring or arising out of services provided under this contract. This insurance shall cover claims caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased as deemed necessary by the contracting parties, shall be:

General Aggregate Limits: $1,000,000 (other than products-completed operations) Products-Completed Operations Limit: $1,000,000 Personal and Advertising Injury Limit: $1,000,000 Each Occurrence: $1,000,000 (applies to all of the above) Fire Damage Limit: $50,000 (any one fire) Medical Expense Limit: $5,000 (any one person)

Employers Liability on an occurrence basis in an amount not less than $1,000,000.00 per occurrence.

Automobile Liability In the event, that services delivered pursuant to this contract involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Contractor-owned personal vehicles are used, a Business Automobile Policy covering at a minimum Code 2 “owned autos only” must be secured. If Contractor employee’s vehicles are used, the Contractor must also include under the Business Automobile Policy Code 9, coverage for non-owned autos. The minimum limits for automobile liability is: $1,000,000.00 per occurrence, using a combined single limit for bodily injury and property damage.

Workmen’s Compensation coverage is pursuant to the Washington State Industrial Insurance Act, the Federal Longshoremen’s and Harbor Workers’ Act and the Jones Act.

Failure to provide continuous coverage of insurance, as required, will result in Contract cancellation.

All insurance provided in compliance with this Contract shall be primary as to any other insurance or self- insurance programs afforded to or maintained by the state.

Insurance policies shall include, but not be limited to, the following provisions:

Additional Insured The WSDOT and all authorized Purchasers shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

Notice of Policy(ies) Cancellation/Non-renewal For insurers subject to Chapter 48.18 RCW (Admitted and regulated by the Washington State Insurance Commissioner) a written notice shall be given to the procurement coordinator or designee forty-five (45) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this Contract. Written notice shall include the affected Contract reference number.

Identification All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. Packing lists shall be included with each shipment pursuant to this order, indicating the contents of each package therein.

Cash Discount In the event WSDOT is entitled to a cash discount, the period of computations will commence on the date of delivery or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is made part of the contract but the invoice does not reflect the existence of a cash discount, WSDOT is entitled to a cash discount with the period commencing on the date it is determined by WSDOT that a cash discount applies.

Payments and Assignments Invoices will not be processed for payment until items invoiced are received. WSDOT will not honor drafts nor accept goods on a sight draft basis. Furthermore, the provisions or monies due under this contract shall only be assignable with prior written approval of WSDOT.

Statewide Vendor Payment Registration Suppliers are required to be registered in the Statewide Vendor Payment system, prior to submitting a request for payment under this procurement. Purchasers who are Washington state agencies require registration to be completed prior to payment.

The Washington State Office of Financial Management (OFM) maintains a central contractor registration file for Washington State agencies to process contractor payments. To obtain information and registration materials visit the Receiving Payments from the State website.

Collection of Retail Sales and Use Taxes In general, Suppliers engaged in retail sales activities within the State of Washington are required to collect and remit sales tax to Department of Revenue (DOR). In general, out-of-state Suppliers must collect and remit “use tax” to Department of Revenue if the activity carried on by the seller in the State of Washington is significantly associated with Contractor’s ability to establish or maintain a market for its products in Washington State. Examples of such activity include where the Contractor either directly or by an agent or other representative:

· Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business;

· Maintains an in-state inventory or stock of goods for sale;

· Regularly solicits orders from Purchasers located within the State of Washington via sales representatives entering the State of Washington;

· Sends other staff into the State of Washington (e.g. product safety engineers, etc.) to interact with Purchasers in an attempt to establish or maintain market(s); or

· Other factors identified in WAC 458-20 .

Department of Revenue Registration for Out-of-State Suppliers Out-of-state suppliers meeting any of the above criteria must register and establish an account with the Department of Revenue. Refer to WAC 458-20-193, and call the Department of Revenue at 800-647-7706 for additional information. When out-of-state suppliers are not required to collect and remit “use tax,” Purchasers located in the State of Washington are responsible for paying this tax, if applicable, directly to the Department of Revenue.

Public Disclosure of Purchasing Information

Per WAC 200-300-115, after bids, quotes or proposals have been received, all such information becomes the property of the purchasing activity and shall not be released or otherwise distributed until after the evaluation has been completed and final award(s) announced. Evaluation team members shall maintain confidentiality of information to ensure the integrity of the process. The purchasing activity assumes no responsibility for the confidentiality of bids, quotes or proposals after award.

Any document(s) or information which the bidder believes is exempt from public disclosure per RCW 42.17.310 shall be clearly identified by bidder and placed in a separate envelope marked with bid number, bidder's name, and the words "proprietary data" along with a statement of the basis for such claim of exemption. The state's sole responsibility shall be limited to maintaining the above data in a secure area and to notify bidder of any request(s) for disclosure within a period of five years from date of award. Failure to so label such materials or failure to provide a timely response after notice of request for public disclosure has been given shall be deemed a waiver by the bidder of any claim that such materials are, in fact, so exempt.

Copies of documents related to this or any other WSDOT procurement that are subject to public disclosure may be requested after the formal award is announced via the Washington Electronic Business Solution (WEBS) by sending an email publicdisclosurerequests@wsdot.wa.gov. When requesting procurement documents be sure to include the name of the procurement coordinator and the solicitation number for the information you are requesting.

Gifts The supplier shall comply with all applicable sections of the State Ethics law, RCW 42.52, which regulates gifts to State officers and employees. Under that statute, any State officer or employee who has or will participate with the Supplier regarding any aspect of the Contract involving the purchase of goods or services is prohibited from seeking or accepting any gift, gratuity, favor or anything of economic value from the Supplier. Neither the Supplier nor any agent or representative shall offer anything of economic value as a gift, gratuity or favor directly or indirectly to any such officer or employee.

Title VI Notice to the Public

It is the Washington State Department of Transportation’s (WSDOT) policy to assure that no person shall, on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT’s Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OEO’s Title VI Coordinator at (360) 705-7090.

NONDISCRIMINATION

a. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement. b. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).

c. Default. Notwithstanding any provision to the contrary, Agency may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Agency receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Agency may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Agency shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Agency for default under this provision.

Wage Violations Contractor represents and warrants that, during the term of this Contract and the three (3) year period immediately preceding the award of the Contract, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52.

Pay Equality

Contractor represents and warrants that, as required by Washington state law (Laws of 2017, Chap. 1, § 147), during the term of this Contract for the time period of April 15, 2024 through October 31, 2024, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience, that is: consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor’s failure to provide satisfactory evidence of compliance within thirty (30) days, WSDOT may suspend or terminate this Contract and any Purchaser hereunder similarly may suspend or terminate its use of the Contract and/or any agreement entered into pursuant to the Contract.

Appendices

COMPLAINT, DEBRIEF AND PROTEST PROCEDURES………………………..………….

SPECIFICATION REQUREMENTS ……………………………………………………..…………

PRICE WORKSHEET………….…………………………………………………………………….…

EXECUTIVE ORDER 18-03-WORKERS’ RIGHTS……………………………………………..

RECYCLED CONTENT PURCHASING………………………………………………………

ELECTRONIC PRODUCTS PURCHASING……………………………………………..

NONMERCURY-ADDED PRODUCTS PURCHASING………………………………………

HYDROFLUOROCARBONS PRODUCTS PURCHASING…………………………………..

PCB’S SPECIAL TERMS & CONDITIONS………………………………………………………

WAGE THEFT PREVENTION CONTRACTOR CERTIFICATION………………………….

ADD – ON CLAUS……………………………………………………………………………………….

NONDISCRIMINATION ASSURANCES………………………………………

BIDDER CERTIFICATIONS

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief:

1. UNDERSTANDING. Bidder has read, thoroughly examined, and fully understands all of the provisions in the Competitive Solicitation (including all exhibits) and the terms and conditions of the Contract and any amendments or clarifications to the Competitive Solicitation, and agrees to abide by the same.

2. ACCURACY. Bidder has carefully prepared and reviewed its bid and fully supports the accuracy of the same. Bidder further understands that WSDOT shall not be responsible for any errors or omission on the part of Bidder in preparing its bid. The facts declared here are true and accurate. Bidder further acknowledges that the continuing compliance with these statements and all requirements of the Competitive Solicitation are conditions precedent to the award or continuation of the resulting Contract.

3. NO COLLUSION OR ANTI-COMPETITIVE PRACTICES. Bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Competitive Solicitation. Bidder’s bid prices have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other bidder or competitor relating to (a) those prices, (b) the intention to submit a bid, or (c) the methods or factors used to calculate the prices offered. Bidder has not been and will not knowingly disclose its bid prices, directly or indirectly, to any other bidder or competitor before award of a Contract, unless otherwise required by law. No attempt has been made or will be made by the bidder to induce any other person to submit or not to submit a bid for the purpose of restricting competition. Bidder, however, freely may join with other persons or organizations for the purpose of presenting a bid.

4. FIRM OFFER. Bidder agrees that its bid, attached hereto, is a firm offer which cannot be withdrawn for a period of ninety (90) days from and after the bid due date specified in the Competitive Solicitation. WSDOT may accept such bid, with or without further negotiation, at any time within such period. In the event of a protest, Bidder’s bid shall remain valid for such period or until the protest and any related court action is resolved, whichever is later.

5. CONFLICT OF INTEREST. In preparing this bid, bidder has not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this Competitive Solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this bid.

6. NO REIMBURSEMENT. Bidder understands that the State of Washington will not reimburse bidder for any costs incurred in the preparation of this bid. All bids become the property of the State of Washington, and bidder claims no proprietary right to the ideas, writings, items, or samples unless so stated in the bid.

7. PERFORMANCE. Bidder understands that its submittal of a bid and execution of this Bidder’s Certification certifies bidder’s willingness to comply with the Contract if awarded such. By submitting this bid, Bidder hereby offers to furnish the goods and/or services solicited pursuant to this Competitive Solicitation in compliance with all terms, conditions, and specifications contained in this Competitive Solicitation and the resulting Contract or, if applicable, as detailed on a Contract Issue List, if permitted in this Competitive Solicitation.

It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in the RFP, all Appendices, and incorporated documents of this RFP.

· WE ARE NOT SUBMITTING ANY EXCEPTIONS.

8. INSURANCE. Bidder certifies as follows (must check one):

· BIDDER HAS REQUIRED INSURANCE. Bidder has attached a current, valid Certificate of Insurance with each and all of the required insurance coverages (note: Bidder must attach the Insurance Certificate).

OR

· BIDDER DOES NOT HAVE REQUIRED INSURANCE. As detailed on the attached explanation (Bidder to provide), Bidder either does not have a current, valid Certificate of Insurance with each and all of the required insurance coverages or, if designated as the Apparent Successful Bidder will provide such a Certificate of Insurance within twenty-four (24) hours or be deemed a nonresponsive bid.

9. DEBARMENT. Bidder certifies as follows (must check one):

· NO DEBARMENT. Bidder and/or its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity.

OR

· DEBARRED. As detailed on the attached explanation (Bidder to provide), Bidder and/or its principals presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with a federal, state, or local governmental entity.

10. CRIMINAL OFFENSE. Bidder certifies as follows (must check one):

· NO CRIMINAL OFFENSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Bidder further certifies that it is not presently indicted or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in this paragraph.

OR

· CRIMINAL OFFENSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

11. WAGE THEFT PREVENTION. Bidder certifies as follows (must check one):

· NO WAGE VIOLATIONS. Bidder has NOT been determined by a final and binding citation and notice of assessment issued by the Washington 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 RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced Competitive Solicitation date.

OR

· VIOLATIONS OF WAGE LAWS. Bidder has been determined by a final and binding citation and notice of assessment issued by the Washington 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, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced Competitive Solicitation date.

12. WORKERS’ RIGHTS (EXECUTIVE ORDER 18-03). Bidder certifies as follows (must check one):

· NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder 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.

OR

· MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

13. TERMINATION FOR DEFAULT OR CAUSE. Bidder certifies as follows (must check one):

· NO TERMINATION FOR DEFAULT OR CAUSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

OR

· TERMINATION FOR DEFAULT OR CAUSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

14. TAXES. Bidder certifies as follows (must check one):

· TAXES PAID. Except as validly contested, Bidder is not delinquent and has paid or has arranged for payment of all taxes due to the State of Washington and has filed all required returns and reports as applicable.

OR

· DELINQUENT TAXES. As detailed on the attached explanation (Bidder to provide), Bidder has not paid or arranged for payment of all taxes due to the State of Washington and/or has not timely filed all required returns and reports as applicable.

15. LAWFUL REGISTRATION. Bidder, if conducting business other than as a sole proprietorship (e.g., Bidder is a corporation, limited liability company, partnership) certifies as follows (must check one):

· CURRENT LAWFUL REGISTRATION. Bidder is in good standing in the State of Washington and the jurisdiction where Bidder is organized, including having timely filed of all required annual reports.

OR

· DELINQUENT REGISTRATION. As detailed on the attached explanation (Bidder to provide), Bidder currently is not in good standing in the State of Washington and/or the jurisdiction where Bidder is organized.

16. SUBCONTRACTORS. Bidder certifies as follows (must check one):

· NO SUBCONTRACTORS. If awarded a Contract, Bidder will not utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation.

OR

· SUBCONTRACTORS. As detailed on the attached explanation (Bidder to provide), If awarded a Contract, Bidder will utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation. In such event, Bidder agrees to assume responsibility for contract obligations and any liability for all such actions of such subcontractors. Note: Bidder must provide the precise legal name (including state of organization), business address, and federal tax identification number (TIN) for each subcontractor. Note: If the TIN is a SSN, provide only the last four (4) digits.

17. WASHINGTON SMALL BUSINESS. Bidder certifies as follows (must check appropriate boxes):