25-34 REMOTELY OPERATED VEHICLE v2.pdf

WASHINGTON STATE

DEPARTMENT OF NATURAL RESOURCES

OLYMPIA, WASHINGTON

SOLICITATION

TITLE: DNR Request for Remotely Operated Vehicle (ROV)

INVITATION FOR BID (IFB): DNR 25-34

SOLICITATION COORDINATOR: Cassidy Biondo

DNR IFB: 25-34

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INVITATION FOR BID (IFB)

Template update: 01.28.2025

TABLE OF CONTENTS

1. INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

1.2 SCOPE

1.3 MINIMUM QUALIFICATIONS

1.4 PERIOD OF PERFORMANCE

1.5 ADDITIONAL GOODS, AND/OR SERVICES

1.6 SOLICITATION COORDINATOR

1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

2. GENERAL INFORMATION

2.1 CONTRACTING RESTRICTIONS

2.2 DEFINITIONS

2.3 PRE-PROPOSAL CONFERENCE

2.4 NOTIFICATION TO BIDDERS

2.5 COMPLAINT, DEBRIEF, AND PROTEST PROCEDURES

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.7 REVISIONS TO THE SOLICITATION

2.8 SMALL AND DIVERSE BUSINESS PARTICIPATION

2.9 AMERICANS WITH DISABILITIES ACT (ADA)

2.10 VALIDITY PERIOD

2.11 MOST FAVORABLE TERMS

2.12 CONTRACT AND GENERAL TERMS AND CONDITIONS

2.13 COST TO PROPOSE

2.14 NO OBLIGATION TO CONTRACT

2.15 CONTRACT NEGOTIATIONS

2.16 REJECTION OF BIDS, QUOTATIONS, and/or PROPOSALS

2.17 COMMITMENT OF FUNDS

2.18 DOING BUSINESS WITH THE STATE

2.19 INSURANCE COVERAGE

3. CONTENTS AND SUBMITTAL INSTRUCTIONS

3.1 ELECTRONIC SUBMISSION OF BIDS, QUOTATIONS, AND/OR PROPOSALS .16

3.2 BIDDER CHECKLIST

3.3 PERFORMANCE REQUIREMENTS AND/OR SPECIFICATIONS FORM

3.4 FUNDING

3.5 COST PROPOSAL

4. EVALUATION AND AWARD

4.1 RESPONSIVENESS (PASS/FAIL)

4.2 RESPONSIBLE BIDDER CRITERIA

4.3 BIDDER’S CERTIFICATIONS AND ASSURANCES FORM (PASS/FAIL)

4.4 WAGE LAW COMPLIANCE (PASS/FAIL)

4.5 PREFERENCE – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS (SCORED) ..21

4.7 PREFERENCE – ENVIRONMENTAL CONSIDERATIONS (SCORED)

4.8 ORAL PRESENTATIONS MAY BE REQUIRED (SCORED)

4.9 EVALUATION AND SCORING

5. SOLICITATION EXHIBITS

EXHIBIT A – BIDDER’S CERTIFICATIONS AND ASSURANCES FORM

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EXHIBIT B – PERFORMANCE REQUIREMENTS AND/OR SPECIFICATIONS

EXHIBIT C – SUBCONTRACTOR INCLUSION PLAN

EXHIBIT D – SAMPLE SERVICES CONTRACT AND WASHINGTON STATE DEPARTMENT OF NATURAL

RESOURCES GENERAL TERMS AND CONDITIONS

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1. INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

The Washington State Department of Natural Resources, hereafter called “DNR” or the “Agency”, is initiating this solicitation to solicit proposals from firms to build out a specialized remotely operated vehicle, hereafter called “ROV”, with intentional specifications aimed at effectively surveying, monitoring, viewing and restoring state owned aquatic lands.

Work to be performed and/or services delivered in the county(ies) of: Statewide, Washington State.

1.2 SCOPE

DNR is seeking a durable submersible ROV that allows DNR the ability to effectively survey, monitor, view and restore state-owned aquatic lands. DNR requires an ROV depth rated to 305m to support regional operations. The ROV requested in this procurement contract requires the capability to be rapidly deployed to locate underwater targets in various environmental conditions.

The ROV must be lightweight and modular, with a control box that is one-person portable. The ROV is required to have a minimum of 25 kg (55 lbs.) forward ROV thrust to pull umbilical at depth and operate in strong currents and adverse conditions. The ROV requires broadcast quality 1080 high definition (HD) underwater video, high resolution still photo, and a dual frequency sonar system to locate and identify underwater objects. The ROV must also be configured with an underwater positioning system to detect the range and bearing of the ROV. The system must operate on 3 Kw generator (3000 watt) or less to fit in a limited area in small boats and maintain stay in the one-person portability standard. The ROV must be readily transportable to field locations and be of a size and weight allowing manual deployment (and recovery) of the vehicle by a two-person deck crew.

1.3 MINIMUM QUALIFICATIONS

A. Bidders must be licensed to do business in the State of Washington, or provide a commitment that it will become licensed to do business in the State of Washington prior to goods delivered or services rendered (if applicable):

All in-state Bidders must be licensed in the State of Washington; for more information contact Washington State Department of Licensing.

Out-of-state Bidders should seek guidance from the Washington State Department of Licensing for specific requirements.

B. All bidders must be registered in Washington’s Electronic Business Solutions (WEBS) system prior to the Proposal Due date for this solicitation.

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Bidders who do not meet the minimum qualifications and/or the required specifications and qualifications as outlined above, will be rejected as non-responsive and will not receive further consideration. Any bid, quotation, and/or proposal rejected as non-responsive will not be evaluated or scored.

1.4 PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this solicitation is tentatively scheduled to begin on or about 04/15/2025 and end on 06/20/2025.

Amendments extending the period of performance, if any, shall be at the sole discretion of DNR.

1.5 ADDITIONAL GOODS, AND/OR SERVICES

DNR reserves the right to add additional goods and/or services within the scope of this solicitation.

If additional goods/services are required, they shall be documented in amendments to the applicable contract document(s). There is no guarantee to CONTRACTOR additional goods and/or services will be ordered.

1.6 SOLICITATION COORDINATOR

The Solicitation Coordinator is the sole point of contact for DNR for this procurement. All communication with DNR regarding this solicitation shall be with the Solicitation Coordinator, as follows:

SOLICITATION COORDINATOR

Name: Cassidy Biondo

Email Address: Cassidy.Biondo@dnr.wa.gov Mailing Address: 1111 Washington Street NE

City, State, Zip: Olympia, WA, 98504

Phone Number: 360-800-7266

All oral and written communications with any party other than the Solicitation Coordinator will be considered unofficial and non-binding on DNR. Unless otherwise directed, communication to DNR parties other than the Solicitation Coordinator may result in disqualification of the Bidder.

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Bidders are encouraged to make any inquiry as early in the process as possible to allow DNR to consider and respond; however, no response is required from the Solicitation Coordinator. If a Bidder does not notify DNR of an issue, exception, addition, or omission, DNR may consider the matter waived by the Bidder for protest purposes. If Bidder inquiries result in changes to the solicitation, written amendments will be issued and posted on WEBS, if possible.

1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

SCHEDULE OF PROCUREMENT ACTIVITIES

ISSUE SOLICITATION

DATE SOLICITATION IS POSTED IN WEBS

APRIL 7, 2025

QUESTIONS DUE FROM BIDDERS

DEADLINE FOR BIDDERS TO ASK QUESTIONS OF THE SOLICITATION

COORDINATOR RELATED TO THIS SOLICITATION

APRIL 14, 2025

ANSWERS DUE BY DNR

DATE THAT DNR WILL POST IN WEBS ANSWERS TO QUESTIONS

RECEIVED FROM BIDDERS, INCLUDING ANY QUESTIONS RECEIVED AT PRE-

PROPOSAL CONFERENCE

APRIL 17, 2025

COMPLAINTS DUE

DEADLINE FOR SUBMITTING UNRESOLVED ISSUES ABOUT THE PROCESS APRIL 28, 2025

PROPOSALS DUE

DEADLINE FOR DNR RECEIPT OF PROPOSALS MAY 5, 2025

EVALUATE PROPOSALS

PERIOD OF TIME WHEN PROPOSALS WILL BE EVALUATED BY DNR MAY 6, 2025

CONDUCT ORAL PRESENTATIONS WITH FINALISTS

DATE ORAL PRESENTATIONS WILL BE CONDUCTED – IF REQUIRED

NA

ANNOUNCE APPARENT SUCCESSFUL BIDDER

AWARD DATE

MAY 9, 2025

HOLD DEBRIEFINGS

DATE DEBRIEFING CONFERENCES TO BE HELD – IF REQUESTED

MAY 15, 2025

NEGOTIATE CONTRACT

DATE RANGE DNR EXPECTS CONTRACT NEGOTIATIONS TO BE

CONDUCTED

MAY 9-15, 2025

PRODUCT DUE

DATE DNR EXPECTS GOODS TO BE DELIVERED

JUNE 20, 2025

DNR RESERVES THE RIGHT TO REVISE THE ABOVE SCHEDULE.

If the Solicitation results in only one (1) Bidder, and that Bidder is found responsive and responsible, DNR reserves the right to accelerate the procurement schedule above.

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2. GENERAL INFORMATION

2.1 CONTRACTING RESTRICTIONS

Specific restrictions apply to contracting with current or former state employees pursuant to Chapter 42.52 of the Revised Code of Washington. Bidders should familiarize themselves with the requirements prior to submitting a bid, quotation, and/or proposal that includes current or former state employees.

2.2 DEFINITIONS

Definitions for the purposes of this solicitation include:

AGENCY – Any State office or activity of the executive and judicial branches of State government, including State agencies, departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of institutions.

AGENT – Personnel authorized to act on behalf of DNR for matters contained within.

APPARENT SUCCESSFUL BIDDER – Bidder whose bid, quotation, and/or proposal provides the best value in meeting DNR needs and is selected to contract with DNR for the proposed solution, subject to completion of contract negations and execution of contract.

AWARD DATE – The announcement date of the Apparent Successful Bidder.

BID, QUOTATION, and/or PROPOSAL – A formal offer, submitted by an individual or entity, in response to a solicitation issued for goods and/or services by DNR.

BIDDER – An individual or entity who submits a bid, quotation, and/or proposal in response to a solicitation issued for goods and/or services by DNR.

BUSINESS DAYS – Monday through Friday, 8AM to 5PM, Pacific Standard Time or Pacific Daylight Time, Olympia, Washington, USA.

CALENDAR DAY – Midnight to midnight, any day of the week.

CONTRACT – An agreement between DNR and CONTRACTOR that includes terms and conditions, all appendices and exhibits, associated scope of work (e.g. Services Contract or Purchase Order), and all related amendments.

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CONTRACTOR – An individual or entity whose bid, quotation, and/or proposal has been accepted and is awarded a contract with DNR, and who is solely responsible to provide a good and/or perform a service.

DNR – Washington State Department of Natural Resources, an agency of the State of Washington, and any division, section, office, unit, or other entity of, or any of the officers or other officials lawfully representing the department.

GOODS – Products, materials, supplies, or equipment provided by a contractor.

PRIME CONTRACTOR – A contractor that signs a contract with DNR, but also subcontracts a portion of the work to other individuals or businesses and manages the performance of subcontracted work.

PURCHASE – The acquisition of goods and/or services, including the leasing or renting of goods.

RCW – Revised Code of Washington

SERVICES – Labor, work, analysis, or similar activities provided by a contractor to accomplish a specific scope of work.

SOLICITATION – A documented formal process providing an equal and open opportunity to bidders and culminating in a selection based on predetermined criteria.

STATE – The State of Washington.

SUBCONTRACTOR – One not in the employment of a contractor, who is performing all or part of the business activities related to this solicitation under a separate contract with that contractor.

The terms “subcontractor” and “subcontractors” means subcontractor(s) in any solicitation tier.

VENDOR – Individual, firm, organization, company, or other entity offering products and/or services.

WASHINGTON STATE CERTIFIED MINORITY-OWNED BUSINESS – Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a minority-owned business (MBE). See RCW 39.19.120 and WAC 326-20.

WASHINGTON STATE CERTIFIED SMALL BUSINESS – An in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that certifies location, size, and status through WEBS certification. See RCW 39.26.010.

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WASHINGTON STATE CERTIFIED VETERAN-OWNED BUSINESS – Limited to firms certified by the Washington State Department of Veterans Affairs (WDVA) as a Certified Veteran- Owned Business. See RCW 43.60A.010(7) and RCW 43.60A.190.

WASHINGTON STATE CERTIFIED WOMAN-OWNED BUSINESS – Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a woman-owned business (WBE). See RCW 39.19.120 and WAC 326-20.

WEBS – Washington State’s Electronic Business Solution System. managed and maintained by Washington State Department of Enterprise Services (DES).

WORKING DAYS – Midnight to midnight, Monday through Friday, excluding Saturday, Sunday, and State legal holidays.

2.3 PRE-PROPOSAL CONFERENCE

☒ A Pre-Proposal Conference is NOT scheduled for this Solicitation.

DNR will be bound only to DNR’s written answers to questions. Questions arising at the Pre- Proposal Conference or via other communications with the Solicitation Coordinator will be documented and answered in written form. A copy of the questions and answers will be provided to all Bidders via posting to WEBS on the date indicated in Section 1.7 Schedule of Procurement Activities.

2.4 NOTIFICATION TO BIDDERS

Upon completion of the evaluation process, DNR will notify the Apparent Successful Bidder of their selection via WEBS. Individuals or firms whose bids, quotations, and/or proposals were not selected for further negotiation or award will be notified via WEBS.

2.5 COMPLAINT, DEBRIEF, AND PROTEST PROCEDURES

COMPLAINT PROCESS – PRIOR TO BID, QUOTATION, and/or PROPOSAL DUE DATE:

The purpose of a complaint process is to settle unresolved issues or concerns that either were not or could not be resolved during the question and answer period.

Any Bidder may submit a complaint regarding this solicitation based upon the following:

The solicitation unnecessarily restricts competition.

The evaluation/scoring process is unfair or flawed; or

The requirements are inadequate or insufficient so that a response/bid, quotation, and/or proposal is difficult to prepare.

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Complaints not based on procedural matters will not be considered. Complaints will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) DNR’s assessment of its own and/or other agencies’ needs or requirements.

If no complaint is filed, a Bidder cannot later file a protest based on one of the above complaint criteria.

Any complaint to the solicitation must be in writing and submitted to the Solicitation Coordinator up to five (5) business days prior to the date when the bid, quotation, and/or proposal is due, and shall clearly articulate the basis for the complaint and include a proposed remedy.

Responses to complaints will be articulated in writing, including any resulting changes to the solicitation, and will be posted on WEBS, and DNR leadership will be notified.

DNR’s decision is final; no further administrative appeal is available.

DEBRIEFING OF UNSUCCESSFUL BIDDERS:

Any Bidder who has submitted a bid, quotation, and/or proposal and been notified that they were not selected for contract award may request a debriefing. The request for a debriefing conference must be received by the Solicitation Coordinator within three (3) business days after the unsuccessful bidder notification is emailed to the Bidder. The debriefing must be held within three (3) business days of the request.

Discussion at the debriefing conference will be limited to the following:

Evaluation and scoring of the Bidder’s bid, quotation, and/or proposal.

Critique of the bid, quotation, and/or proposal based on the evaluation; and

Review of Bidder’s final score in comparison with other final scores.

Comparisons between bids, quotations, and/or proposals or evaluations of the other bids, quotations, and/or proposals will not be allowed. Debriefing conferences may be conducted in person, on TEAMS, or via telephone and will be scheduled for a maximum of one (1) hour.

PROTEST PROCEDURE:

This procedure is available to Bidders who submitted a response to this solicitation and who have participated in a debriefing conference. Upon completing the debriefing conference, the Bidder is allowed five (5) business days to file a protest with the Solicitation Coordinator. Protests must be submitted in writing via email and signed by the protesting party or an authorized agent.

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The protest must state the grounds for the protest with specific and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included.

Bidders protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This process constitutes the sole administrative remedy available to Bidders under this procurement.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

A matter of bias, discrimination, or conflict of interest on the part of the evaluator.

Errors in computing the score; or

Non-compliance with procedures described in the solicitation document, or applicable State or federal laws or regulations.

Upon receipt of a protest, a protest review will be held by DNR. Available facts will be considered, and a decision will be issued by the Commissioner of Public Lands or their delegate within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Bidder who submitted a bid, quotation, and/or proposal, such Bidder will be given an opportunity to submit its views and any relevant information on the protest to the Solicitation Coordinator.

The final determination of the protest shall:

Find the protest lacking in merit and uphold DNR’s action; or

Find only technical or harmless errors in DNR’s process, determine DNR to be in substantial compliance, and reject the protest; or

Find merit in the protest and provide DNR’s resolution to the protest, which may include:

o Correct the errors and reevaluate all bids, quotations, and/or proposals; and/or o Reissue the solicitation document; and/or o Make other findings and determine other courses of action as appropriate.

If DNR determines that the protest is without merit, DNR will continue with the solicitation process with the Apparent Successful Bidder(s).

DNR protest decision is final, with no further appeal allowed. If a protesting Bidder does not accept DNR’s protest response, the Bidder may try to seek relief from Thurston County Superior Court.

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

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Bids, quotations, and/or proposals submitted in response to this solicitation shall become the property of DNR and shall be deemed public records as defined in RCW 42.56 (Public Records Act).

Per RCW 39.26.030 (State procurement records – Disclosure), bid submissions and bid evaluations are exempt from disclosure until DNR announces the Apparent Successful Bidder. The Apparent Successful Bidder is the Bidder whose bid, quotation, and/or proposal provides the best value in meeting DNR needs and is selected to contract with DNR for the proposed solution, subject to completion of contract negotiations and execution of contract.

Any information in the bid, quotation, and/or proposal that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56, or other State or federal law that provides for the nondisclosure of Bidder’s document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Bidder is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right-hand corner of the page. Marking the entire bid, quotation, and/or proposal exempt from disclosure or as proprietary information will not be honored.

If a public records request is made for the information that the Bidder has marked as "Proprietary Information", DNR will notify the Bidder of the request and of the date that the records will be released to the requester unless the Bidder obtains a court order enjoining that disclosure. If the Bidder fails to obtain the court order enjoining disclosure, DNR will release the requested information on the date specified. If a Bidder obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to RCW 42.56, or other State or federal law that provides for nondisclosure, DNR shall maintain the confidentiality of the Bidder information per the court order.

Pursuant to RCW 42.56.120, DNR uses the default fee schedule. However, records may be viewed in person for no fee. All requests for copies of identifiable records should be directed to the public disclosure office: publicdisclosure@dnr.wa.gov and the Solicitation Coordinator listed in the solicitation, posted in WEBS (wa.gov).

2.7 REVISIONS TO THE SOLICITATION

DNR reserves the right to cancel or reissue all or part of this solicitation at any time as allowed by law without obligations or liability.

In the event it becomes necessary to revise any part of this solicitation, an amendment will be posted in WEBS, when possible. Questions and answers and any other pertinent information shall be provided as an amendment to the solicitation and will be posted in WEBS, when possible.

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2.8 SMALL AND DIVERSE BUSINESS PARTICIPATION

DNR strongly encourages the participation of minority and women-owned businesses, Veteran owned businesses, and small businesses, as contractors or subcontractors.

If a small business needs assistance responding to this solicitation, help is available. Please visit OMWBE Small Business Assistance at https://omwbe.wa.gov/small-business-assistance to see the services offered. The Washington Procurement Technical Assistance Center (PTAC) is also available with no cost, confidential technical assistance for small businesses doing business with state government.

Minority and Women-Owned Businesses In accordance with the legislative findings and policies set forth in RCW 39.19, the State encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation or on a subcontractor basis. Bidders may go to https://omwbe.wa.gov/directory-certified-businesses to obtain information on certified firms.

No preference will be included in the evaluation of bids for the participation of minority and women-owned businesses. See Section 4.6 Preference – Small and Veteran Businesses for information on preference points for small and veteran owned businesses.

2.9 AMERICANS WITH DISABILITIES ACT (ADA)

DNR complies with the Americans with Disabilities Act (ADA). Bidders may contact the Solicitation Coordinator listed above for additional assistance.

2.10 VALIDITY PERIOD

All bids, quotations, and/or proposals shall be valid for ninety (90) calendar days from the date of submission.

2.11 MOST FAVORABLE TERMS

Once a proposal is submitted, DNR reserves the right to make an award without further discussion of the bid, quotation, and/or proposal submitted. Therefore, the bid, quotation, and/or proposal should be submitted initially on the most favorable terms that the Bidder can propose. There will be no best and final offer procedure. DNR reserves the right to contact a Bidder for clarification of its bid, quotation, and/or proposal.

The Apparent Successful Bidder should be prepared to accept this solicitation for incorporation into a contract resulting from this solicitation.

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2.12 CONTRACT AND GENERAL TERMS AND CONDITIONS

The awarded Apparent Successful Bidder is entering into the Washington State Department of Natural Resources generic Services Contract, including, but not limited to, the General Terms and Conditions, all appendices and exhibits, associated scope of work or purchase orders, and all related amendments.

DNR contractors hereby have access to Sample Services Contract and Washington State Department of Natural Resources General Terms and Conditions https://www.dnr.wa.gov/publications/em_obe_contracting_template.pdf

All exceptions to the contract terms and conditions must be submitted as an attachment to Exhibit A – Bidder’s Certifications and Assurances Form.

DNR will review requested exceptions and accept or reject the same at its sole discretion.

2.13 COST TO PROPOSE

DNR will not be liable for any costs incurred by the Bidder in preparation of a bid, quotation, and/or proposal submitted in response to this solicitation, in conduct of a presentation, or any other activities related to responding to this solicitation.

2.14 NO OBLIGATION TO CONTRACT

This solicitation does not obligate the State of Washington or DNR to contract for services specified herein.

2.15 CONTRACT NEGOTIATIONS

DNR may negotiate with the highest scored responsive, responsible Bidder to finalize the contract and to determine if the bid may be improved. If, after a reasonable period of time as determined by DNR, DNR, in its sole judgement, cannot reach agreement on acceptable contract terms with such Bidder, DNR may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible Bidder.

2.16 REJECTION OF BIDS, QUOTATIONS, and/or PROPOSALS

DNR reserves the right at its sole discretion to reject any bid, quotation, and/or proposal received without penalty and not to issue a contract as a result of this solicitation.

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2.17 COMMITMENT OF FUNDS

The Commissioner of Public Lands or their delegate is the only individual who may legally commit DNR to the expenditures of funds for a contract resulting from this solicitation. No cost chargeable to the proposed contract may be incurred before acceptance of award, as reflected by the signatures of the parties.

2.18 DOING BUSINESS WITH THE STATE

DNR requires all awarded Bidders to be registered with the Washington State Office of Financial Management (OFM). Additional information can be found on the Washington State Department of Enterprise Services (DES) website https://des.wa.gov/sell/how-work-state.

2.19 INSURANCE COVERAGE

Before using any of said rights granted herein and at its own expense, Bidder, now Contractor, Contractor shall purchase and maintain, or require its agent(s)/subcontractor(s) to purchase and maintain, the insurance described within Sample Services Contract and Washington State Department of Natural Resources General Terms and Conditions for the entire duration of this agreement. Failure to purchase and maintain the required insurance may result in the termination of the agreement at DNR’s option.

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

Upon notification and acceptance of award, Contractor shall provide DNR with certificates of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified before using any of said rights granted herein. The description section of the certificate shall contain the contract number and the name of the DNR Project Manager. Contractor shall also provide renewal certificates as appropriate during the term of this agreement.

Contractor shall include all subcontractors and agents as insured under all required insurance policies or shall provide separate certificates of insurance for each subcontractor or agent. Failure of Contractor to have its subcontractors and agents comply with the insurance requirements contained herein does not limit Contractor’s liability or responsibility.

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3. CONTENTS AND SUBMITTAL INSTRUCTIONS

By responding to the solicitation, Bidder confirms that Bidder has read and understands all the information contained within the entire bid package, including all exhibits.

3.1 ELECTRONIC SUBMISSION OF BIDS, QUOTATIONS, AND/OR PROPOSALS

The bid, quotation, and/or proposal must be received by the Solicitation Coordinator by the due date indicated within Section 1.7 Schedule of Procurement Activities of this solicitation, or any amendments.

Bids, quotations, and/or proposals must be submitted electronically as an attachment to an email to the Solicitation Coordinator, at the email address listed in Section 1.6 Solicitation Coordinator.

The submitted bid, quotation, and/or proposal shall follow the below naming convention:

25-34_IFB_Bidder Name_Proposal

Attachments to email shall be in Microsoft Word format or PDF. Maximum file size for an email attachment is 30MB. Zipped files cannot be received by DNR and cannot be used for submission of bids, quotations, and/or proposals.

All forms and documents submitted must have a signature of the individual within the organization authorized to bind the Bidder to the offer. DNR does not assume responsibility for problems with Bidder’s email. If DNR’s email is not working, appropriate allowances will be made.

Bidders should allow sufficient time to ensure timely receipt of the bid, quotation, and/or proposal by the Solicitation Coordinator. Late bids, quotations, and/or proposals will not be accepted and will be automatically disqualified from further consideration, unless DNR’s email is found to be at fault. All bids, quotations, and/or proposals and any accompanying documentation become the property of DNR and will not be returned.

3.2 BIDDER CHECKLIST

Submit the following applicable documents to the Solicitation Coordinator by the due date indicated within the Section 1.7 Schedule of Procurement Activities of this solicitation, or any amendments to the schedule. Failure to comply may result in rejection of the bid, quotation, and/or proposal as non-responsive. DNR reserves the right at its sole discretion to waive minor administrative irregularities.

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3.3 PERFORMANCE REQUIREMENTS AND/OR SPECIFICATIONS FORM

Exhibit B – Performance Requirements and/or Specifications Form must be completed and returned to the Solicitation Coordinator.

3.4 FUNDING

Purchase of goods and/or services resulting from this solicitation are funded by Washington State Programmatic dollars. Terms and conditions for all funding sources are included in Sample Services Contract and Washington State Department of Natural Resources General Terms and Conditions.

Any contract awarded as a result of this solicitation is contingent upon the availability of funding.

3.5 COST PROPOSAL

The Bidder shall attach a fully detailed cost proposal in order to be considered responsive to this solicitation.

The cost proposal shall include all costs for goods delivered or services rendered as requested within.

Costs must be submitted as follows:

ROV Submersible

Control Panel

Packages

Sonar Equipment

Attachments

Tethers

Other

BIDDER CHECKLIST

EXHIBIT A – BIDDER’S CERTIFICATIONS AND ASSURANCES FORM

EXHIBIT A – ITEM 8 – EXCEPTIONS TO TERMS AND CONDITIONS

EXHIBIT B – PERFORMANCE REQUIREMENTS AND/OR SPECIFICATIONS FORM

EXHIBIT C – SUBCONTRACTOR INCLUSION PLAN (IF APPLICABLE)

SECTION 3.5 – COST PROPOSAL

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Shipping

Tax

IDENTIFICATION OF COSTS (SCORED)

All costs shall be in U.S. dollars, including expenses to be charged to accomplish the tasks and to produce the deliverables under this contract. Bidders are required to collect and pay Washington State sales and use taxes, as applicable.

Costs for subcontractors are to be broken out separately.

COMPUTATION OF COSTS

The score for the cost proposal will be computed by dividing the lowest cost bid, quotation, and/or proposal received by the Bidders total cost. Then the resultant number will be multiplied by the maximum possible points for the cost section.

PROMPT PAYMENT

Bidders are encouraged to offer a discount for prompt payment of invoices. Please indicate any discount proposal on the submitted cost proposal as outlined in Section 3.5. If awarded by the State, period of entitlement begins only after:

Receipt of a properly completed invoice.

Receipt of all supplies, equipment, or services ordered.

Satisfactory completion of all contractual requirements.

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4. EVALUATION AND AWARD

The evaluation process is designed to award this procurement not necessarily to the Bidder of least cost, but rather to the Bidder whose bid, quotation, and/or proposal best meets the requirements of this solicitation. However, Bidders are encouraged to submit bids, quotations, and/or proposals that are consistent with State government efforts to conserve state resources.

DNR will award the contract to the lowest responsive and responsible Bidder that meets the specifications as determined by DNR. In determining the lowest responsive and responsible Bidder, an agency may consider best value criteria, including but not limited to (RCW 39.26.160(3)):

a. Whether the bid, quotation, and/or proposal satisfies the needs of the state as specified in the solicitation documents;

b. Whether the bid, quotation, and/or proposal encourages diverse Contractor participation;

c. Whether the bid, quotation, and/or proposal provides competitive pricing, economies, and efficiencies;

d. Whether the bid, quotation, and/or proposal considers human health and environmental impacts;

e. Whether the bid, quotation, and/or proposal appropriately weighs cost and noncost considerations; and

f. Life-cycle cost.

If this procurement is estimated to be less than $150,000, 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, (as defined in RCW 43.60A.190) unless none of these businesses are responsible and responsive to this solicitation. The Agency will verify small and veteran owned business status through WEBS certification and if applicable bidder must provide certification documentation to the Washington Department of Veterans’ Affairs WDVA and be certified by WDVA and listed as such on WDVA’s website.

The Agency will post awarded bids and bid award documents for each competitive procurement for public review.

The Agency may reject the bid, quotation, and/or proposal of any firm who has failed to perform satisfactorily on a previous contract with the state.

Responsive bids, quotations, and/or proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any amendments issued. The evaluation of bids, quotations, and/or proposals shall be accomplished by an evaluation team, to be designated by the Agency, which will determine the ranking of the bids, quotations, and/or proposals.

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The Agency reserves the right to select and enter into contract(s) with the Bidder whose bid, quotation, and/or proposal is deemed to be in the best interest of the Agency and the State of Washington.

It is the intent of the Agency to establish one contract with a single contractor for this ROV product.

4.1 RESPONSIVENESS (PASS/FAIL)

All bids, quotations, and/or proposals will be reviewed by the Solicitation Coordinator to determine compliance with administrative requirements and instructions specified in this solicitation. The Bidder is specifically notified that failure to comply with any part of the solicitation may result in rejection of the bid, quotation, and/or proposal as non-responsive.

The Agency reserves the right at its sole discretion to waive minor administrative irregularities.

4.2 RESPONSIBLE BIDDER CRITERIA

All requested information as outlined within must be submitted in order for DNR to determine the lowest responsive and responsible Bidder.

In determining whether the Bidder is a responsible Bidder, the Agency must consider the following elements (RCW 39.26.160(2)):

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

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

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

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

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

f. Whether, within the three-year period immediately preceding the date of the bid solicitation, the Bidder has been determined by a final and binding citation and notice of assessment issued by the department of labor and industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

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

The Agency’s determination that a Bidder is not qualified may result in rejection of the submitted bid, quotation, and/or proposal.

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4.3 BIDDER’S CERTIFICATIONS AND ASSURANCES FORM (PASS/FAIL)

All Bidders must submit Exhibit A – Bidder’s Certifications and Assurances Form, signed by an individual authorized to bind the Bidder contractually. DNR will evaluate the information and may, at its sole discretion, reject the Bidder’s Response if the information indicates that completion of a contract resulting from this IFB may be jeopardized by selection of the Bidder.

4.4 WAGE LAW COMPLIANCE (PASS/FAIL)

Prior to awarding a contract, agencies are required to determine that a Bidder is a 'Responsible Bidder. See RCW 39.26.160(2)(f) and (4). Pursuant to legislative enactment in 2017, the Responsible Bidder Criteria includes Bidder’s certification that Bidder has not willfully violated the State of Washington's wage laws. See Chap. 258, 2017 Laws (enacting SSB5301). All Bidders must submit Exhibit A – Bidder’s Certifications and Assurances Form, signed by an individual authorized to bind the Bidder contractually. A Bidder’s failure to comply with the required Wage Law Compliance certification means that the Bidder is not responsible and therefore will not be evaluated.

4.5 PREFERENCE – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS (SCORED)

FIRMS WITHOUT MANDATORY INDIVIDUAL ARBITRATION FOR EMPLOYEES

Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018).

A. A preference of 5 percent will be given to any Bidder who certifies, pursuant to the certification attached as Exhibit A – Bidder’s Certifications and Assurances Form that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

4.6 PREFERENCE – SMALL AND VETERAN BUSINESSES (SCORED)

DNR, in accordance with State of Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded Bidders. See, e.g., RCW 43.60A.200 (WDVA Certified Veteran-Owned Businesses);

and RCW 39.26.005 (Washington Small Businesses).

Washington State Certified Veteran-Owned Businesses In accordance with RCW 43.60A.200, the State encourages participation in all of its contracts by firms certified by the Washington State Department of Veterans’ Affairs (WDVA). For questions regarding the above go to http://www.dva.wa.gov/.

A. A preference of 10 percent will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the that Bidder qualifies as a Washington Department of Veterans’ Affairs Certified Veteran-Owned Business.

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Note: This preference does not apply if federal funds are being used. See section 3.4 Funding for funding source information.

Washington State Certified Small Businesses In accordance with the intent of RCW 39.26.005, the State encourages the purchases of goods and services from Washington small businesses. Small business, mini-business, and micro-business are defined in RCW 39.26.010 (22), (17), and (16) respectively. Go to http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26.010. All qualified state small business types are encouraged to register and identify themselves in the WEBS.

https://des.wa.gov/sell/how-work-state/register-bid-opportunities.

A. A preference of 10 percent will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the that Bidder qualifies as a Washington State Small Business. Note: This preference does not apply if federal funds are being used. See section 3.4 Funding for funding source information.

4.7 PREFERENCE – ENVIRONMENTAL CONSIDERATIONS (SCORED)

ELECTRONIC PRODUCTS

The State of Washington encourages the purchase of products that meet environmental performance standards relating to the reduction and elimination of hazardous materials. The database of all products that currently meet EPEAT criteria are viewable at www.greenelectronicscouncil.org. Only products listed as Active in the online EPEAT Registry are considered to have met the EPEAT criteria.

Pursuant to RCW 39.26.265 and Washington State Procurement Policy POL-DES-265-00:

A. A preference of 10% will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the Electronic Products listed in Exhibit B – Performance Requirements and/or Specifications Form have achieved EPEAT Gold Standard.

B. A preference of 5% will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the Electronic Products listed in Exhibit B – Performance Requirements and/or Specifications Form have achieved EPEAT Silver Standard.

If no EPEAT registered electronic product exists that meets the specific performance needs, DNR shall apply 5% preference to those products containing the least hazardous materials. Agencies may also use other environmental product certifications that reflect a reduction or elimination of hazardous materials.

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Bidders agree that for the term of this solicitation, for any product(s) for which Bidders seek to be awarded an environmental purchasing preference pursuant to RCW 39.26.265 and Washington State Procurement Policy POL-DES-265-00, such products will maintain the EPEAT registration that will enable Bidders to be awarded such preference.

Electronic products preference will be applied to the scoring matrix based on gradation evaluation as follows:

POINTS*

ELECTRONIC PRODUCTS PREFERENCE

APPLIED

10 EPEAT GOLD STANDARD

5 EPEAT SILVER STANDARD

0 EPEAT BRONZE STANDARD

*Actual points are based on percentage of total scoring, herein based on a 100-point total scoring.

NON-HYDROFLUOROCARBONS (HFCS)

Hydrofluorocarbons (HFCs) contribute to climate change and so have an adverse effect on human health and the environment. Accordingly, the State of Washington, through its procurement of goods is trying to minimize the purchase of products that contain HFCs or contain HFCs with a comparatively high global warming potential and to incentivize its contractors to sell products without HFCs.

Pursuant to RCW 39.26.310 and Washington State Procurement Policy POL-DES-310-00:

A. A preference of 5% will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the products listed in Exhibit B – Performance Requirements and/or Specifications Form have an “Acceptable” Substitute Listing Status, as identified by the Environmental Protection Agency’s (EPA) Significant New Alternatives Policy (SNAP) Program.

Bidders agree that for the term of this solicitation, for any product(s) for which Bidders seek to be awarded an environmental purchasing preference pursuant to RCW 39.26.310 and Washington State Procurement Policy POL-DES-310-00, such product(s) shall meet or have less than the HFC level(s) that will enable Bidders to be awarded such preference.

NON-MERCURY ADDED PRODUCTS

Mercury has an adverse effect on human health and the environment. Accordingly, the State of Washington, through its procurement of goods, is trying to minimize the purchase of products with mercury and to incentivize contractors to sell products without mercury.

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Pursuant to RCW 70.95M.060 and Washington State Procurement Policy POL-DES-70.95M.060- 00:

A. A preference of 5% will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the products listed Exhibit B – Performance Requirements and/or Specifications Form contain the least amount of mercury-added compounds or components as compared to other Bidders, as designated by the Interstate Mercury Education and Reduction Clearinghouse Mercury-Added Products Database.

B. A preference of 5% will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the products listed Exhibit B – Performance Requirements and/or Specifications Form is designated to reduce electricity consumption by at least 40% and there is no non-mercury or lower mercury alternative.

In the event there is a mercury-free product submitted for bid, then only those Bidders who bid a mercury-free product are responsive and the preference does not apply.

Bidders agree that for the term of this solicitation, for any product(s) for which Bidders seek to be awarded an environmental purchasing preference pursuant to RCW 70.95M.060 and Washington State Procurement Policy POL-DES-70.95M.060-00, such product(s) shall meet or have less than the lowest amount of mercury that will enable Bidders to be awarded such preference.

POLYCHLORINATED BIPHENYLS (PCBS)

Polychlorinated biphenyls, commonly known as PCBs, have adverse effects on human health and the environment. Accordingly, the Department of Natural Resources is making an environmentally conscience effort to minimize the purchase of products with PCBs and to incentivize its contractors to sell products and products in packaging without them.

Pursuant to RCW 39.26.280 and Washington State Procurement Policy POL-DES-280-00:

A. A preference of 10% will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the products and/or product packaging listed Exhibit B – Performance Requirements and/or Specifications Form do not contain PCBs.

B. A preference of 1-5% will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the products and/or product packaging listed Exhibit B – Performance Requirements and/or Specifications Form contain low levels of PCBs.

The method for testing products and/or packaging for PCBs must be per the U.S. Environmental Protection Agency (EPA) Analytical Method 1668c. Testing usually takes approximately fifteen

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(15) calendar days to process, which should be considered when applying the preference to meeting delivery deadlines.

For this solicitation, the PCBs Risk Calculator estimates this product as 0 risk.

PCBs preference will be applied to the scoring matrix based on gradation evaluation as follows:

POINTS* PCBS PREFERENCE APPLIED

10 TESTED, NO PCBS

5 TESTED, LOWEST LEVEL OF PCBS

4 TESTED, 2ND LOWEST LEVEL OF PCBS

3 TESTED, 3RD LOWEST LEVEL OF PCBS

2 TESTED, 4TH LOWEST LEVEL OF PCBS

3 TESTED, 5TH LOWEST LEVEL OF PCBS

1 TESTED, 6TH LOWEST LEVEL OF PCBS AND BEYOND

0 NOT TESTED

*Actual points are based on percentage of total scoring, herein based on a 100-point total scoring.

Bidders agree that for the term of this solicitation, for any product(s) for which Bidders seek to be awarded an environmental purchasing preference pursuant to RCW 39.26.280 and Washington State Procurement Policy POL-DES-280-00, such product(s) and/or product packaging shall maintain the same or lower levels of PCBs that will enable Bidders to be awarded such preference.

RECYCLED CONTENT

Buying products made from recycled content creates markets for materials collected in residential & business recycling programs. Recycling does not work without end-markets. In addition, buying recycled products supports the development of green technologies, creates jobs, and strengthens the local economy, and promotes and supports a more sustainable lifestyle. When manufacturers use recycled material vs.