21824b.doc

Invitation for Bid 21824

INVITATION TO BID/SINGLE PURCHASE REQUISTION – 21824

16.5 foot Airboat package (WSDA) The Washington State Department of Enterprise Services (DES), Master Contracts & Consulting (MCC) issues this IFB (a.k.a. Solicitation) under the authority of the Revised Code of Washington (RCW) 39.26. DES reserves the right to change portions of this IFB, including modifying the dates and times set forth immediately below. Any changes will be sent electronically as Amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this IFB.

Posting Date December 11, 2014 Optional Pre-Bid Meeting December 30, 2014 at 10:00 am

1500 Jefferson St. SE, Room 2320

Olympia, WA

Directions/Parking: http://www.ga.wa.gov/Visitor/direction-park.htm To attend the optional

Pre-Bid Meeting by phone:

Dial toll free: 1-877-668-4490

Access code: 577 798 157

An RSVP is not necessary but is appreciated.

Complaint Period……………………..

Begins on the date this IFB #021824 is posted on Washington’s Electronic Business Solution (WEBS) and ends five business days prior to the date bids are due, as stated below or hereafter changed by Amendment.

Bids Are Due Before 2:00 pm (PST) on January 6, 2015 Anticipated Award Date Mid-January 2015 Procurement Coordinator Corey A. Larson

(360) 407-9407 corey.larson@des.wa.gov Submission of Bids Bids may be submitted:

· By delivery via postal service, courier, or in hand to:

Washington State Department of Enterprise Services (DES)

1500 Jefferson St. SE

Olympia, WA 98501

Attention: Bid Clerk, Master Contracts & Consulting Unit

NOTE: Responses may not be transmitted using facsimile transmission.

3SOLICITATION INFORMATION

31.

ANNOUNCEMENT AND SPECIAL INFORMATION

31.1.

INTRODUCTION

31.2.

ECONOMIC AND ENVIRONMENTAL GOALS

32.

SUMMARY OF OPPORTUNITY

32.1.

PURPOSE

32.2.

SHIP TO LOCATION

32.3.

Bidder communication responsibilities

42.4.

COMPLAINT, DEBRIEF, AND PROTEST (GENERAL INFORMATION)

42.5.

NO COSTS OR CHARGES

42.6.

NO BEST AND FINAL OFFER

53.

SOLICITATION OVERVIEW

53.1.

ACQUISITION AUTHORITY

53.2.

SOLICITATION AMENDMENTS

53.3.

CONTRACT FORMATION

53.4.

INCORPORATION OF DOCUMENTS INTO CONTRACT

53.5.

RIGHT TO CANCEL

53.6.

NON-ENDORSEMENT AND PUBLICITY

54.

TIMELINE

54.1.

PROCUREMENT SCHEDULE

64.2.

PROJECTED SCHEDULE OF EVENTS

64.3.

PRE-BID CONFERENCE

64.4.

BID OPENING PROTOCOL

75.

PREPARATION OF RESPONSE

75.1.

SUBMISSION OF Response:

75.2.

response OPENING PROTOCOL

75.3.

CONTRACT INFORMATION AVAILABILITY AFTER AWARD

85.4.

BID PRICING

86.

EVALUATION AND AWARD

86.1.

EVALUATION

86.2.

EVALUATION PROCESS

96.3.

AWARD

96.4.

NOTIFICATION OF APPARENT SUCCESSFUL BIDDER

10APPENDICES PAGE

10BIDDER CHECKLIST

12AUTHORIZED OFFER AND CONTRACT SIGNATURE PAGE

SOLICITATION INFORMATION

1. ANNOUNCEMENT AND SPECIAL INFORMATION

1.1. INTRODUCTION

This document contains Solicitation Information and Appendices.

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

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

1.2. ECONOMIC AND ENVIRONMENTAL GOALS

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

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

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

· Products made or grown in Washington

2. SUMMARY OF OPPORTUNITY

2.1. PURPOSE

The purpose of this Solicitation is to purchase of one (1) new and unused 16.5’ all welded aluminum airboat. The Washington State Department Agriculture (WSDA) requires delivery “FOB Destination” by no later than June 30, 2015. If through this process, if for some reason it does not appear that the air boat cannot be delivered by June 30, 2015, DES reserves the right to cancel the opportunity and/or award to another bidder. The bidder/awarded contractor(s) shall hold the state harmless. See also Appendix C – Specifications, Section 10, Delivery.

2.2. SHIP TO LOCATION

The delivery location shall be in Western Washington near the Olympia-Tacoma area.

2.3. Bidder communication responsibilities

During the IFB process, all bidder communications about this IFB must be directed to the Procurement Coordinator. Unauthorized contact regarding this IFB with other state employees involved with the IFB may result in disqualification. All oral and written communications will be considered unofficial and non-binding on DES. Bidders should rely only on written amendments issued by the Procurement Coordinator.

Bidders are encouraged to make any inquiry as early in the process as possible to allow DES to consider and respond; however, no response is required from the Procurement Coordinator.

If a bidder does not notify DES of an issue, exception, addition, or omission, DES may consider the matter waived by the bidder for protest purposes.

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

2.4. COMPLAINT, DEBRIEF, AND PROTEST (GENERAL INFORMATION)

NOTE: See also, Appendix F - Complaint, Debrief, and Protest Procedure located in the Appendices section below. This document contains additional and expanded details, such as rules, timing, criteria, form, etc.

Complaint: This solicitation offers a complaint period for Bidders wishing to voice objections to this solicitation. The Complaint period is an opportunity for the Bidder to voice objections, raise concerns or suggest changes. Failure by the Bidder to raise a complaint at this stage waives its right for later consideration. DES will consider all complaints but is not required to adopt complaint, in part of full. If Bidder complaints result in changes to the IFB, written amendments will be issued and posted on WEBS.

Complaints must be sent to the Procurement Coordinator located on the face page of this document.

Debrief: Debrief meetings are an opportunity for the Bidder and the Procurement Coordinator to meet and discuss the Bidders bid. A debrief is a required prerequisite for a Bidder wishing to lodge a Protest. Following the evaluation of the bids, DES will issue an Announcement of the Apparent Successful Bidder (ASB). That announcement may be made by any means but DES will likely use email to the Bidder’s email address provided in the Bidder’s bid. Bidders will have a short time to request a Debrief meeting. Once a Debrief meeting is requested, DES will offer the requesting Bidder one meeting opportunity and notify the Bidder of the debrief meeting place, date and time. Please note, because the debrief process must occur before making an award, DES will likely schedule the Debrief meeting shortly following the Announcement of the ASB. DES will not allow the debrief process to delay the award or be used as a delaying tactic. Therefore, Bidders should plan for contingencies and alternate representatives and Bidders unwilling or unable to attend the debrief meeting will lose its opportunity to Protest.

Protest: Bidders wishing to protest must do so in conformity with Appendix F - Complaint, Debrief, and Protest Procedure located in the Appendices section below.

2.5. NO COSTS OR CHARGES

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

2.6. NO BEST AND FINAL OFFER

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

3. SOLICITATION OVERVIEW

3.1. ACQUISITION AUTHORITY

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

3.2. SOLICITATION AMENDMENTS

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

3.3. CONTRACT FORMATION

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

3.4. INCORPORATION OF DOCUMENTS INTO CONTRACT

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

3.5. RIGHT TO CANCEL

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

3.6. NON-ENDORSEMENT AND PUBLICITY

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

4. TIMELINE

4.1. PROCUREMENT SCHEDULE

The dates listed below represent the projected procurement schedule. The Purchasing Activity reserves the right to change the schedule. Notification of Amendments to the procurement schedule prior to Bid opening, will be sent electronically to all properly registered users of the DES’s Washington Electronic Business Solution (WEBS) who downloaded this Solicitation from WEBS.

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

4.2. PROJECTED SCHEDULE OF EVENTS

12/11/2014

Issue Solicitation document. Available for download from WEBS.

12/11/2014 – 1/2/2015

Question and Answer Period

12/30/2014

Bidder Pre-Bid Conference

12/31/2014

Amendment issued (if applicable). Bidders should check the website for any Amendments.

1/6/2015

Bids Due

1/7/2015

Evaluation begins

1/15/2015

Announcement of the Apparent Successful Bidder

NOTE: Response information, including price sheets, will not be available for public disclosure until after Award of the Contract consistent with39.26 the Revised Code of Washington (RCW) . After Award, information regarding results of the Solicitation may be obtained by contacting the Contracts Specialist.

4.3. PRE-BID CONFERENCE

An optional pre-bid conference to address Solicitation requirements will be held at the time and location indicated below. While attendance is not mandatory, Vendors are encouraged to attend and actively participate. If interpretations, specifications, or other changes to the Solicitation are required as a result of the conference, the Contracts Consultant will issue an amendment that will be posted on WEBS.

Assistance for disabled, blind or hearing-impaired persons who wish to attend is available with prior arrangement with the Purchasing Activity. Contact the identified Contracts Consultant on the face page of this solicitation.

Master Contracts & Consulting

1500 Jefferson St. SE

Olympia, WA 98504

4.4. BID OPENING PROTOCOL

Only the name of the Bidder and the time of response receipt are read aloud at the time of the Bid opening. The reading does not determine award of the Solicitation, responsibility of the Bidder, or responsiveness of the Bid. Bidder attendance at the Bid opening is not required.

5. PREPARATION OF RESPONSE

5.1. SUBMISSION OF Response:

Original, signed (in ink), sealed Response must be received at the specified location on or before the specified date and time. Time of receipt will be determined by the official time stamp located at the Purchasing Activity. If a Response is late or received at a location other than that specified, it shall be rejected, it will not be opened and it will not be returned. In the event the official time clock is unavailable, the Bid clerk may establish the official time and take reasonable steps to ensure the integrity of the Response receipt is preserved.

A. FORMAT:

All changes and/or erasures shall be initialed in ink. Unsigned Responses will be rejected on opening unless satisfactory evidence was submitted clearly establishing the Bidder’s desire and intent to be bound by the Response, such as a signed cover letter. Incomplete or illegible Responses may be rejected.

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

B. IDENTIFICATION AND DELIVERY:

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

Bidder’s Address:

Department of Enterprise Services Master Contracts and Consulting

1500 Jefferson St. SE

Solicitation Number: 21824

Opening date and time:

1/6/2015 @ 2:00 PM

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

5.3. CONTRACT INFORMATION AVAILABILITY AFTER AWARD

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

5.4. BID PRICING

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

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

6. EVALUATION AND AWARD

6.1. EVALUATION

The Bidder who meets all of the Solicitation requirements and is determined to be the lowest Responsive, Responsible Bidder as described in this section, will be declared the Successful Bidder by the Purchasing Activity.

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

Contract Award shall be made to the lowest Responsive and Responsible Bidder based on the evaluation and Award criteria established herein and subject to consideration of all factors identified in RCW 39.26.

Subject to the provisions of RCW 39.26 and WAC 200-300, the Purchasing Activity reserves the right to: (1) Waive any informality; (2) Reject any or all Bids, or portions thereof;(3) Accept any portion of the items Bid unless the Bidder stipulates all or nothing in their Bid; (4) Cancel a Solicitation and re-solicit Bids; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that Response 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.

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

6.2. EVALUATION PROCESS

Phase One: Initial Determination of Responsiveness

Responses will be reviewed initially by the Purchasing Activity to determine on a pass/fail basis compliance with administrative requirements as specified herein. Responses meeting the Initial Determination of Responsiveness will then be reviewed on a pass/fail basis to determine if the Response meets the Mandatory requirements. Only Responses meeting all Mandatory requirements will be further evaluated.

The State reserves the right to determine at its sole discretion whether Bidder’s Response to a Mandatory requirement is sufficient to pass. If, however, all responding Bidders fail to meet any single Mandatory item, the Purchasing Activity will cancel the Solicitation and reject all Bids.

Bidder Responsibility will be determined according to RCW 39.26, or other criteria identified in the Solicitation.

During Response evaluation, the Purchasing Activity reserves the right to make reasonable inquiry to determine the responsibility of any Bidder. Requests may include, but are not limited to, financial statements, 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 Response being rejected as non-responsive.

Phase Two:

Only Responses that pass the Initial Determination of Responsiveness review will be further evaluated based on the requirements in this Solicitation and as follows:

Phase Three: Non Cost Factors:

Only Responses that contain of all items listed on Check List of the Appendices Page and the required submittals as described in Appendix B, Special Terms and Conditions will be further evaluated.

Phase Four: Cost Factors:

Cost Evaluation: The bidder must complete all four price lines in the price sheet or the bid may be rejected. DES will multiply the Unit Price by the Quantity to arrive at an Extended Price for each line item. All line items will be summed to form a Subtotal. The Subtotal will be applied to any preferences and penalties required by law or the solicitation to form a price sheet Total. The responsive and responsible bidder with the lowest Total will be designated the Apparent Successful Bidder (ASB) and may receive an award. In the event of a conflict between the Unit Price and the Extend Price, the Unit Price shall control.

6.3. AWARD

The Bidder(s), who meets all of the Solicitation requirements and is determined to be the lowest Responsive, Responsible Bidder(s), as described in Section 6.1 & 6.2, will be declared the Apparent Successful Bidder by the Purchasing Activity. The Purchasing Activity, at its sole discretion, may choose to make a single Award or multiple Awards as a result of this Solicitation.

6.4. NOTIFICATION OF APPARENT SUCCESSFUL BIDDER

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

The date of announcement of the Apparent Successful Bidder will be the date of the notification from the Purchasing Activity.

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

APPENDICES PAGE

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

NOTE: These documents are not automatically printed out.

APPENDIX A

Instructions to Bidders, Definitions and Standard Terms & Conditions

APPENDIX B

Special Terms and Conditions

APPENDIX C

Specifications

APPENDIX D

Price Sheet

APPENDIX E

Bidder Profile

APPENDIX F

Complaint, Debrief, and Protest Procedures

BIDDER CHECKLIST

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

Appendix C:

Specifications & Technical Requirements

FORMCHECKBOX

Appendix D:

Price Sheets

FORMCHECKBOX

Appendix E:

Bidder Profile

FORMCHECKBOX

CERTIFICATIONS AND ASSURANCES

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

1. We have read, understand, and agree to abide by all information contained in the Solicitation, Appendices and incorporated documents.

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

3. The attached Response is a firm offer for a period of [90] days following the Response Due Date specified in the Solicitation, and it may be accepted by the Purchasing Activity without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the [90]-day period. In the case of a protest, our Response will remain valid for [90] days or until the protest and any related court action is resolved, whichever is later.

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

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

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

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

8. We are not submitting any exceptions.

AUTHORIZED OFFER AND CONTRACT SIGNATURE PAGE

Department of Enterprise Services Use Only

FORMCHECKBOX

The Award is identified/detailed or further identified/detailed in DES’s formal Award Letter to the Apparent Successful Bidder dated _______________________ and is incorporated by reference.

In Witness Whereof, the parties hereto, having read and understood this Contract in its entirety, including but not limited to, the Bidder’s Authorized Offer (Firm Offer), Certification of Assurances, and all attachments, do agree in each and every particular and have thus set their hands hereunto.

This Contract is effective this _________day of ______________, ______. FORMCHECKBOX See Award Letter Date completed by Enterprise Services only

Approved – Bidder (Contractor if Awarded)

Approved – State of Washington

Signature

Signature

Corey A. Larson

Print or Type Name Date

Print or Type Name Date

Contracts Specialist

Title

Title

Department of Enterprise Services Master Contracts and Consulting

Business Name

Business Name

1500 Jefferson St. SE

Address

Address

(360) 407-9407

(360) 407-2210 - Reception

Telephone

Telephone

(360) 586-2426

Facsimile

Facsimile corey.larson@des.wa.gov csmail@des.wa.gov (alternate)

E-Mail

E-Mail

Additional Master Contracts and Consulting Approval (if necessary)

Date

END

_1479716906.doc

IFB 21824

STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICES

1500 Jefferson Street SE P.O. Box 41017

Olympia, Washington 98504-1017 (360) 407-2210 http://www.des.wa.gov

APPENDIX A

STANDARD TERMS AND CONDITIONS

For Purchases of Materials, Supplies, Services, and Equipment

Under the Authority of

RCW 39.26

Invitation for Bid 21824

Section One

Instructions to Bidders

Section Two

Standard Definitions

Section Three

Standard Terms and Conditions

Section Four

Protest Procedures

Contents

3SECTION ONE

INSTRUCTIONS TO BIDDERS

1.1

WASHINGTON ELECTRONIC BUSINESS SOLUTION (WEBS)

1.2

MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES (MWBE)

1.3

BIDDER AUTHORIZED REPRESENTATIVE

1.4

AUTHORIZED COMMUNICATION

1.5

BIDDER COMMUNICATION RESPONSIBILITIES

1.6

BIDDER RESPONSIVENESS

1.7

PRESENTATION OF ALL COST COMPONENTS

1.8

PRICING

1.9

ALTERNATE OR EQUAL PRODUCTS

1.10

PROPRIETARY OR CONFIDENTIAL INFORMATION

1.11

IN-STATE PREFERENCE/RECIPROCITY

1.12 WITHDRAWAL OR MODIFICATION OF Response

SECTION TWO STANDARD DEFINITIONS

SECTION THREE STANDARD TERMS AND CONDITIONS

3.1

CONTRACT MODIFICATIONS

3.2

CONTRACT ADMINISTRATION

3.3

CONTRACTOR SUPERVISION AND COORDINATION

3.4 Post award conference

3.5

CONTRACT MANAGEMENT

3.6

CHANGES

3.7

STATEWIDE VENDOR PAYMENT REGISTRATION

3.8

SALES & SUBCONTRACTOR REPORTS

3.9

OTHER REQUIRED REPORT(S)

3.10

WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS)

3.11

CONTRACTOR QUALIFICATIONS AND REQUIREMENTS

3.12 Contractor certifications (if applicable)

3.13

DELIVERY REQUIREMENTS

3.14

PAYMENT

3.15

TAXES, FEES AND LICENSES

3.16

QUALITY ASSURANCE

3.17

INFORMATION AND COMMUNICATIONS

3.18

GENERAL PROVISIONS

3.19

INSURANCE

3.20

INDUSTRIAL INSURANCE COVERAGE

3.21

NONDISCRIMINATION

3.22

OSHA AND WISHA REQUIREMENTS

3.23

ANTITRUST

3.24

WAIVER

3.25

DISPUTES AND REMEDIES

3.26

LIQUIDATED DAMAGES

3.27

CONTRACT TERMINATION

SECTION ONE

INSTRUCTIONS TO BIDDERS

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

1.1 WASHINGTON ELECTRONIC BUSINESS SOLUTION (WEBS)

Bidders are solely responsible for:

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

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

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

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

1.2 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES (MWBE)

In accordance with the legislative findings and policies set forth in 39.26RCW , the State of Washington encourages participation in all of its Contracts by Minority and Woman Owned Business Enterprise (MWBE) firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). While the state does not give preferential treatment, it does seek equitable representation from the minority and women’s business community. In addition, the state welcomes participation by self-identified minority and woman owned firms and strongly encourages such firms to become certified by OMWBE.

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

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

1.3 BIDDER AUTHORIZED REPRESENTATIVE

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

1.4 AUTHORIZED COMMUNICATION

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

1.5 BIDDER COMMUNICATION RESPONSIBILITIES

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

1.6 BIDDER RESPONSIVENESS

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

The Purchasing Activity reserves the right to consider the actual level of Bidder’s compliance with the requirements specified in this Solicitation and to waive informalities in a Response. Informality is an immaterial variation from the exact requirements of the competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to Bidders.

1.7 PRESENTATION OF ALL COST COMPONENTS

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

1.8 PRICING

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

1.9 ALTERNATE OR EQUAL PRODUCTS

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

Bidders may bid an Equal Product without going through this process. An “Equal” for purposes of this Solicitation is “an offer of materials, supplies, services and/or equipment that meets or exceeds the quality, performance, and use of the specifications identified in a Solicitation”

1.10 PROPRIETARY OR CONFIDENTIAL INFORMATION

All Responses submitted become the property of the State of Washington and public records, after the Contract has been executed.

Any information contained in the Response that is proprietary or confidential must be clearly designated. Marking of the entire Response or entire sections of the Response as proprietary or confidential will not be accepted or honored. The Purchasing Activity will not honor designations by the Bidder where pricing is mark ed proprietary or confidential.

1.11 IN-STATE PREFERENCE/RECIPROCITY

Pursuant to RCW 43.19.700, RCW 43.19.702, RCW 43.19.704 and WAC 200-300, the Department of Enterprise Services has established a schedule of percentage increases to be added to Response from Bidders in states that grant a preference to Contractors located in their state or for goods manufactured in their state. The percentages related to each respective state are provided in the Reciprocity List.

and apply only to Response received from those states listed.

The appropriate percentage will be added to each Response bearing the address from a state with in-state preferences rather than subtracting a like amount from Washington State Bidders.

This action will be used only for analysis and Award purposes. In no instances shall the increase be paid to a Bidder whose Response is accepted and awarded a Contract.

1.12 WITHDRAWAL OR MODIFICATION OF Response

Bidders are liable for all errors or omissions contained in their Responses.

a. After Response submittal but prior to Response opening: The Bidder may modify or withdraw his/her Response at any time prior to the due date and time set for Response opening by providing a written request to the Contracts Specialist from an authorized representative of the Bidder (WAC 200-300).

b. After Response opening: No Response shall be altered or amended. The Contracts Specialist may allow a Response to be withdrawn if the Bidder demonstrates that the prices were miscalculated. A low Bidder, who claims error and fails to enter into a contract with the State of Washington, may not participate in Bidding on the same commodity or service if the Solicitation is subsequently reissued by the Purchasing Activity (WAC 200-300).

The Purchasing Activity reserves the right to contact Bidder for clarification of Response contents.

SECTION TWO

STANDARD DEFINITIONS

This section contains definitions of terms commonly used in Solicitations conducted by the State of Washington, Office of State Procurement. Additional definitions may also be found in 39.26Chapter RCW and (WAC 200-300), and all terms contained herein will be read consistently with those definitions.

Acceptance

The materials, supplies, services, and/or equipment have passed appropriate Inspection. In the event that there is a formal Acceptance Testing period required in the Solicitation document then acceptance is formalized in writing. If there is no Acceptance Testing, acceptance may occur when the Products are delivered and inspected.

Acceptance Testing

The process for ascertaining that the materials, supplies, services, and/or equipment meets the standards set forth in the Solicitation, prior to Acceptance by the Purchaser.

Agency

Includes State of Washington institutions, the offices of the elective state officers, the Supreme Court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state. In addition, colleges, community colleges, and universities who choose to participate in State Contract(s) are included. "Agency" does not include the legislature.

All or Nothing

The result of a competitive Solicitation that requires that a Contract be executed with a single Bidder for delivery of goods and/or services. In the event that suppliers are unable to deliver the entirety of the goods and/or services required, no Contract is executed. No partial fulfillment opportunities are available as a result of the Solicitation.

A method of Award resulting from a competitive Solicitation by which the Purchasing Activity will Award the resulting Contract to a single Bidder.

Also, a designation the Bidder may use in its Response to indicate its offer is contingent upon full Award and it will not accept a partial Award.

Alternate

A substitute offer of materials, supplies, services and/or equipment that is not at least a functional Equal in features, performance and use and which materially deviates from one or more of the specifications in a competitive Solicitation.

Amendment

A change to a legal document. For the purposes of a Solicitation document, an amendment shall be a unilateral change issued by the Purchasing Activity, at its sole discretion.

Apparent Successful Bidder(s)

The Bidder identified by the Purchasing Activity, after evaluation of Responses, who is recommended for Award.

Authorized Representative

An individual designated by the Bidder or Contractor to act on its behalf and with the authority to legally bind the Bidder or Contractor concerning the terms and conditions set forth in Solicitation, Response and Contract documents.

Award

The official act of the Purchasing Activity of accepting the offer to enter into a Contract as contained in the Bidder(s) Response.

Bid

A sealed written offer to perform a Contract to provide materials, supplies, services, and/or equipment in reply to an Invitation For Bid (IFB).

Bidder

A Vendor who submits a Response in reply to a Solicitation.

Business Days

Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the state of Washington.

Calendar Days

Consecutive days of the year including weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When “days” are not specified, Calendar Days shall prevail.

Contract

An agreement, or mutual assent, between two or more competent parties with the elements of the agreement being offer, acceptance, and consideration.

Contracts & Legal Services

The Purchasing Activity within the Washington Department of Enterprise Services, Contracts and Legal Division authorized under Chapter 43.19 RCW to develop and administer Contracts for goods and services on behalf of state agencies, colleges and universities, non-profit organizations and local governments.

Contractor

Individual, company, corporation, firm, or combination thereof with whom the Purchasing Activity develops a Contract for the procurement of materials, supplies, services, and/or equipment. It shall also include any Subcontractor retained by Contractor as permitted under the terms of the Contract.

Contracts Specialist

The individual authorized by the Purchasing Activity who is responsible for conducting a specific Solicitation and/or administration of resulting Contract.

Equal

An offer of materials, supplies, services and/or equipment that meets or exceeds the quality, performance and use of the specifications identified in a Solicitation.

Estimated Useful Life

The estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner.

Inspection

An examination of delivered material, supplies, services, and/or equipment prior to Acceptance aimed at forming a judgment as to whether such delivered items are what was ordered, were properly delivered and ready for Acceptance. Inspection may include a high level visual examination or a more thorough detailed examination as is customary to the type of purchase, as set forth in the Solicitation document and/or as agreed between the parties. Inspection shall be acknowledged by an authorized signature of the Purchaser.

Intent to Award

Notice of the recommendation for Award for a specific Solicitation.

Invitation For Bid (IFB)

The form utilized to solicit Bids in the formal, sealed Bid procedure and any amendments thereto issued in writing by the Purchasing Activity. Specifications and qualifications are clearly defined.

Lead Time/After Receipt Of Order (ARO)

The period of time between when the Contractor receives the order and the Purchaser receives the materials, supplies, equipment, or services order.

Life Cycle Cost

The total cost of an item to the state over its Estimated Useful Life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life.

Order Document

A written communication, submitted by a Purchaser to the Contractor, which details the specific transactional elements required by the Purchaser within the scope of the Contract such as delivery date, size, color, capacity, etc. An Order Document may include, but is not limited to field orders, purchase orders, work order or other writings as may be designated by the parties hereto. No additional or alternate terms and conditions on such written communication shall apply unless authorized by the Contract and expressly agreed between the Purchaser and the Contractor.

Product

Materials, supplies, services, and/or equipment provided under the terms and conditions of this Contract.

Proposal

A sealed written offer to perform a Contract to supply materials, supplies, services, and/or equipment in reply to a Request For Proposal (RFP).

Purchasing Activity

State of Washington acting by and through the Department of Enterprise Services, the Office of State Procurement or another Agency authorized by the state statute to conduct acquisition of goods and services or delegated that authority by the Office of State Procurement.

Purchaser

The authorized user of the Contract, as identified in the Solicitation, who may or actually does make purchases of material, supplies, services, and/or equipment under the resulting Contract.

Quote

An informal written or oral offer to perform a Contract to supply materials, supplies, services, and/or equipment in reply to a Request For Quote (RFQ).

Recycled Material

Waste materials and by-products that have been recovered or diverted from solid waste and that can be utilized in place of a raw or virgin material in manufacturing a product and consists of materials derived from post-consumer waste, manufacturing waste, industrial scrap, agricultural wastes and other items, all of which can be used in the manufacture of new or recycled products.

Recycled Content Product

A product containing recycled material.

Request For Proposal (RFP)

The form utilized to solicit Proposals in the formal, sealed Solicitation procedure and any amendments thereto issued in writing by the Purchasing Activity. The specifications and qualification requirements are written in an outcome based form allowing for consideration of a broad range of different solutions to meet the procurement need.

Request For Quote (RFQ)

A written or oral request by the Purchasing Activity to solicit Quotes in the informal Solicitation procedure.

Responsible

The ability, capacity, and skill to perform the Contract or provide the service required , including, but not limited to the character, integrity, reputation, judgment, experience, and efficiency of the Bidder; Further considerations may include, but are not limited to whether the Bidder can perform the Contract within the time specified, the quality of performance of previous Contracts or services, the previous and existing compliance by the Bidder with laws relating to the Contract or services and such other information as may be secured having a bearing on the decision to Award the Contract.

Responsive

A Response that meets all material terms of the Solicitation document.

Response

A Bid or Proposal.

Solicitation

The process of notifying prospective Bidders that the Purchasing Activity desires to receive competitive Bids or Proposals for furnishing specified materials, supplies, services, and/or equipment. Also includes reference to the actual documents used for that process, including: the Invitation For Bids (IFB) or Request For Proposals (RFP), along with all attachments and exhibits thereto.

State

The State of Washington acting by and through the Purchasing Activity.

State Contract

The written document memorializing the agreement between the successful Bidder and the Purchasing Activity for materials, supplies, services, and/or equipment and/or administered by the Office of State Procurement on behalf of the State of Washington.

“State Contract” does not include the following:

• Colleges and universities that choose to purchase under RCW 28B.10.029

• Purchases made in accordance with state purchasing policy under Washington Purchasing Manual;

• Purchases made pursuant to authority granted or delegated under RCW 39.26.090

• Purchases authorized as an emergency purchase under RCW 39.26.130; or

• Purchases made pursuant to other statutes granting the Agency authority to independently conduct purchases of materials, supplies, services, or equipment.

Subcontractor

A person or business that is, or will be, providing or performing an essential aspect of the Contract under the direction and responsibility of the Contractor and with the agreement of the Purchasing Activity.

Vendor

A provider of materials, supplies, services, and/or equipment.

Washington’s Electronic Business Solution (WEBS)

The Vendor registration and Bidder notification system maintained by the Washington State Department of Enterprise Services located at: www.ga.wa.gov/webs.

SECTION THREE

STANDARD TERMS AND CONDITIONS

3.1 CONTRACT MODIFICATIONS

The Purchasing Activity reserves the right to modify this Contract (including but not limited to adding or deleting products, services, or delivery locations) by mutual agreement between the Purchasing Activity and the Contractor, so long as such modification is substantially within the scope of the original Contract.