26057IFB Cntl Encl JH Substation.pdf

CHEHALIS, WASHINGTON

INVITATION FOR BID

INVITATION FOR BID (IFB) NUMBER: 26-057-IFB

SOLICITATION TITLE: Control Enclosure for the Jackson Highway Substation RELEASE DATE: October 14, 2026 BID DUE DATE: November 19, 2026, by 2:00 PM

SEALED Responses will be accepted at the Public Utility District No. 1 of Lewis County (District). Clearly identify your package as follows:

Public Utility District No. 1 of Lewis County 26-057-IFB | Control Enclosure for the Jackson Highway Substation 321 N.W. Pacific Avenue Chehalis, Washington 98532

SOLICITATION REPRESENTATIVE:

Marc Ripley; telephone 360-345-1609; email marcr@lcpud.org

PRODUCT DELIVERY LOCATION: JACKSON HIGHWAY SUBSTATION

Approximately at the intersection of Rush Road and Jackson Highway, Lewis County, Washington mailto:marcr@lcpud.org

26-057-IFB Invitation For Bids & Instructions Page 2 of 11

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 PRODUCTS AND/OR SERVICES

1.6 PRICE REVISIONS

1.7 SOLICITATION REPRESENTATIVE

1.8 SCHEDULE OF PROCUREMENT ACTIVITIES

1.9 NO ALTERNATIVE TERMS OR CONDITIONS ACCEPTED

2 GENERAL INFORMATION

2.1 DEFINITIONS

2.2 PRE-PROPOSAL CONFERENCE

2.3 NOTIFICATION TO BIDDERS

2.4 PROTEST PROCEDURES

2.5 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.6 REVISIONS TO THE SOLICITATION

2.7 ACCEPTANCE PERIOD

2.8 RESPONSIVENESS

2.9 RESPONSIBLE CRITERIA

2.10 MOST FAVORABLE TERMS

2.11 CONTRACT, TERMS & CONDITIONS

2.12 COST TO PROPOSE

2.13 NO OBLIGATION TO CONTRACT

2.14 REJECTION OF BIDS, QUOTATIONS or PROPOSALS

2.15 INSURANCE COVERAGE

2.16 WARRANTY

2.17 WARRANTY REMEDIES

3 CONTENTS AND SUBMITTAL INSTRUCTIONS

3.1 SUBMISSION OF BIDS, QUOTATIONS or PROPOSALS and BID GUARANTEE

3.2 IDENTIFICATION OF COSTS

4 EVALUATION AND AWARD

4.1 BASIS FOR EVALUATION

4.2 EVALUATION PROCESS

4.3 AWARD DETERMINATION

4.4 CLARIFICATION OF BID, QUOTE, PROPOSAL

4.5 CONTRACT FINALIZATION WITH LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

EXHIBIT A – BID FORM

EXHIBIT B – SAMPLE PURCHASE ORDER W/ TERMS AND CONDITIONS

EXHIBIT C – SCOPE OF MATERIAL REQUIREMENTS

(Specification for Control Enclosure for the Jackson Highway Substation)

EXHIBIT D - SUPPLEMENTAL CONTRACT REQUIREMENTS

EXHIBIT E – BID BOND FORM

EXHIBIT F – SAMPLE PERFORMANCE BOND

26-057-IFB Invitation For Bids & Instructions Page 3 of 11

1 INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

Public Utility District No. 1 of Lewis County (DISTRICT) has a need for a prefabricated control enclosure for the Jackson Highway Substation, including associated equipment, delivery, offloading, installation, and field services.

1.2 SCOPE

This IFB is for the purchase, fabrication, delivery, offloading, and installation of a control enclosure for the Jackson Highway Substation in accordance with Exhibit C, the Contract Drawings, and all other Contract Documents.

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 Washington State prior to goods delivered or services rendered (if applicable):

• All in-state Bidders must be licensed in Washington State; for more information contact

Washington Department of Licensing.

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

b. Bidders must be able to meet the required goods/services specifications.

Bidders who cannot meet the minimum qualifications and/or the required Technical Specifications will be rejected as non-responsive and will not receive further consideration. Any bid, quotation or proposal rejected as non-responsive will not be evaluated.

1.4 PERIOD OF PERFORMANCE

The term of the contract resulting from this solicitation shall be from the contract execution date (product order date) through product delivery and any subsequent warranty period. Purchase Orders will be issued by the District. The District requires delivery, placement on the pad, and final installation of the control enclosure no later than October 1, 2027. Amendments or change orders issued by the District may reflect modification(s) of contract terms, funding or other matters. Include confirmation of the required delivery and final installation date with your bid proposal.

1.5 ADDITIONAL PRODUCTS AND/OR SERVICES

The District reserves the right to purchase additional products and/or services within the scope and period of performance of the resulting contract. There is no guarantee to the Bidder additional products and/or services will be ordered. The District reserves the right to purchase the goods or services described herein from other sources. The Bidder does not have the exclusive right to fill all of the District’s requirements for the goods or services awarded nor will the District be obligated to purchase the estimated quantity contained in the IFB. Amendments or change orders issued by the District may reflect modification(s) of contract terms, quantities, funding or other matters.

1.6 PRICE REVISIONS

Prices to remain fixed for initial order:

Unless otherwise authorized by the District, prices shall remain firm for ordered quantities indicated on the bid form through delivery during the initial Period of Performance. For additional purchase requests after the fulfillment of the original order, the Awarded Vendor may request price changes and shall supply documentation satisfactory to the District such as changes to the Producer Price Index for the commodity, or a manufacturer’s published notification of price change(s). Reasonable price changes based on market conditions and price/cost analysis will be evaluated by the District to determine if revising the pricing is considered fair and reasonable to the satisfaction of the District. Requests for any such change shall be made in writing to the District. A written amendment/change order issued by the District will institute the price adjustment, provide the new prices and establish the effective date for the new prices. The Vendor shall endeavor to give the District thirty (30) days but not less than fourteen (14) days written notice prior to the effective date of the price increase. The District may cancel the Contract if the price increase request is not approved. All price reductions at the manufacturer’s or distributor’s level shall be reflected in a http://bls.dor.wa.gov/ http://bls.dor.wa.gov/

26-057-IFB Invitation For Bids & Instructions Page 4 of 11 reduction of the contract price(s) to the District retroactive to the effective date of the price reductions.

Effect of Tariffs:

For the purposes of equitable bid evaluations, increases in cost due to tariffs shall not be assigned to or assumed by the District after bid submission, acceptance of bid, subsequent award and issuance of a purchase order.

1.7 SOLICITATION REPRESENTATIVE

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

SOLICITATION REPRESENTATIVE

NAME: Marc Ripley

E-MAIL ADDRESS: marcr@lcpud.org

MAILING ADDRESS: 321 N.W. Pacific Avenue

CITY, STATE, ZIP: Chehalis, WA 98532

PHONE NUMBER: 360-345-1609

Any other communication will be considered unofficial and non-binding. Bidders are to rely on written statements issued by the Solicitation Representative. Communication directed to parties other than the Solicitation Representative may result in disqualification of the Bidder.

Clarifications and Addenda: Interested parties must submit all inquiries in writing via email to the Solicitation Representative or alternatively utilizing the Q&A function of Public Purchase. No verbal answers by any DISTRICT personnel or its agents will be binding on DISTRICT. Official clarifications, changes to deadline dates and responses to questions from the DISTRICT will be in the form of a written Addendum to this IFB.

Addenda for this IFB are posted at the solicitation site for this project located at https://www.lcpud.org/bids and the Washington’s Electronic Business Solution (WEBS) website located at https://pr-webs-vendor.des.wa.gov/home.html.

All other oral and written communications will be considered unofficial and non-binding unless presented within an official solicitation Amendment. Bidders should rely only on written Amendments issued by the Solicitation Representative. Bidders are encouraged to make any inquiry as early in the process as possible to allow the District to consider and respond; however, no response is required from the Solicitation Representative. If a Bidder does not notify the District of an issue, exception, addition, or omission, the District may consider the matter waived by the Bidder for protest purposes.

1.8 SCHEDULE OF PROCUREMENT ACTIVITIES

SCHEDULE OF PROCUREMENT ACTIVITIES

ISSUE SOLICITATION

DATE SOLICITATION IS RELEASED October 15, 2026

QUESTIONS DUE FROM BIDDERS

DEADLINE FOR BIDDERS TO ASK QUESTIONS OF THE SOLICITATION

November 5, 2026

BIDS DUE

DEADLINE FOR DISTRICT RECEIPT OF BIDS November 19, 2026, by 2:00 PM

EVALUATE BIDS

PERIOD OF TIME WHEN BIDS WILL BE EVALUATED BY DISTRICT November 20–December 14, 2026 https://www.lcpud.org/bids https://pr-webs-vendor.des.wa.gov/home.html https://pr-webs-vendor.des.wa.gov/home.html

26-057-IFB Invitation For Bids & Instructions Page 5 of 11

ANNOUNCE APPARENT SUCCESSFUL BIDDER

AWARD DATE December 15, 2026

EXPECTED ORDER DATE

DATE DISTRICT IS EXPECTED TO PLACE THE ORDER FOR GOODS/SERVICES December 17, 2026

THE DISTRICT RESERVES THE RIGHT TO REVISE THE ABOVE SCHEDULE.

1.9 NO ALTERNATIVE TERMS OR CONDITIONS ARE ACCEPTED.

Any alteration, exception, or condition concerning the District’s contract terms and conditions or Purchase Order is rejected and may cause the bid to be rejected as nonresponsive. Alternate material specifications may be submitted only as permitted by Exhibit A and shall not modify or condition the Bidder’s acceptance of the District’s terms and conditions.

1.10 FUNDING

Purchase of goods and/or services resulting from this Solicitation are funded by District dollars.

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

2 GENERAL INFORMATION

2.1 DEFINITIONS

Definitions for the purposes of this solicitation include:

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

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

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 District and Awarded Vendor that includes terms and conditions, the solicitation, the bid, quotation or proposal, all appendices, and exhibits, associated Statements of Work (e.g.

Services Contract or Purchase Order), and all amendments awarded pursuant to this solicitation.

DISTRICT – Public Utility District No. 1 of Lewis County, 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 Vendor.

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

SOLICITATION WEBSITE – The website location for the District’s solicitation notification system. Generally, this is located at https://www.lcpud.org/bids. Bidders should review the solicitation website regularly to take notice of updates, addendums and other changes to a solicitation in progress.

VENDOR/BIDDER/CONTRACTOR – individual, firm, organization, company or other entity offering products and/or services. The terms may be used interchangeably throughout this IFB.

WEBS – Washington’s Electronic Business Solution System. https://pr-webs-vendor.des.wa.gov/

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

https://www.lcpud.org/bids

26-057-IFB Invitation For Bids & Instructions Page 6 of 11

Additional Definitions, Codes and Abbreviations as included with EXHIBIT C: SCOPE OF MATERIAL REQUIREMENTS and EXHIBIT D: SUPPLEMENTAL CONTRACT REQUIREMENTS.

2.2 PRE-PROPOSAL CONFERENCE

If indicated on the cover page of the IFB, a pre-proposal conference may be held. All prospective Bidders are strongly encouraged to attend. The intent of the pre-proposal conference is to assist the Bidders to more fully understand the requirements of this IFB.

2.3 NOTIFICATION TO BIDDERS

The District will notify the Apparent Successful Bidder of their selection in writing upon completion of the evaluation process. Individuals or firms whose bids, quotations or proposals were not selected for further negotiation or award will not be notified separately in writing.

2.4 PROTEST PROCEDURES

This procedure is available to Bidders who submitted a response to this solicitation. After the Apparent Successful Bidder is posted to the solicitation website or otherwise notified, the Bidder is allowed two (2) business days to file a protest of the acquisition with the Solicitation Representative. Protests must be submitted in writing via e-mail and signed by the protesting party or an authorized Agent.

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.

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;

• 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 the District. All available facts will be considered, and a decision will be issued by District General Manager or his/her 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.

The final determination of the protest shall:

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

• Find only technical or harmless errors in the District’s acquisition process conduct and determine the District to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide the District options which may include:

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

If the District determines that the protest is without merit, the District will enter into a contract with the Apparent Successful Bidder.

The District protest decision is final. No appeal process will be required. If a protesting Bidder does not accept the District protest response, the Bidder may try to seek relief from Lewis County Superior Court.

2.5 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Bids, quotations or proposals submitted in response to this solicitation shall become the property of the District. All bids, quotations or proposals received shall remain confidential until the contract, if any, resulting from this solicitation is signed by the District and the Apparent Successful Bidder; thereafter, the bids, quotations or proposals shall be deemed public records as defined in Chapter 42.56 of the Revised Code

26-057-IFB Invitation For Bids & Instructions Page 7 of 11 of Washington (RCW).

Any information in the bid, quotation or proposal that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, 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 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," the District 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, the District 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 Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, the District shall maintain the confidentiality of the Bidder information per the court order.

2.6 REVISIONS TO THE SOLICITATION

The District 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 that it becomes necessary to revise any part of this solicitation, an amendment will be posted at the Public Purchase website for this solicitation found at https://www.lcpud.org/bids/ and https://pr-webs-vendor.des.wa.gov/ also known as WEBS. Questions & Answers and any other pertinent information shall be provided as an amendment to the solicitation and will be posted at both sites.

2.7 ACCEPTANCE PERIOD

Bids, quotations or proposals must provide 45 calendar days for acceptance by District from the due date for receipt of bids, quotations or proposals.

2.8 RESPONSIVENESS

All bids will be reviewed by the Solicitation Representative to determine compliance with the administrative requirements and instructions specified in this solicitation. To be responsive, a bid must be submitted as a physical, sealed bid and received at the District’s designated physical delivery address by the bid due date and time. Electronic, emailed, faxed, or otherwise nonphysical submissions will not be considered responsive bids. Failure to comply with any material requirement of the solicitation will result in rejection of the bid as non-responsive.

The District reserves the right at its sole discretion to waive informalities. An informality is an immaterial variation from the exact requirements of the competitive IFB, 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.

2.9 RESPONSIBLE CRITERIA

In determining whether the Bidder is a responsible Bidder, the District may 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 https://www.lcpud.org/bids/ https://pr-webs-vendor.des.wa.gov/ https://pr-webs-vendor.des.wa.gov/ https://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160

26-057-IFB Invitation For Bids & Instructions Page 8 of 11

Bidder has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor & 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.

Responsibility will be determined on a pass/fail basis using the criteria stated above and any other solicitation requirements. Responsibility criteria will not be scored or used to select a higher-priced Bidder over the lowest-cost responsive and responsible Bidder.

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

2.10 MOST FAVORABLE TERMS

The District reserves the right to make an award without further discussion of the bid, quotation or proposal submitted. Therefore, the bid, quotation 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. The District does reserve the right to contact a Bidder for clarification of its bid, quotation or proposal.

The Apparent Successful Bidder should be prepared to accept this solicitation for incorporation into a contract resulting from this solicitation. Contract negotiations may incorporate some or all of the Bidders bid, quotation or proposal. It is understood that the bid, quotation or proposal will become a part of the official procurement file on this matter without obligation to the District.

2.11 CONTRACT, TERMS & CONDITIONS

The awarded Apparent Successful Bidder is entering into contract including but not limited to the terms and conditions outlined within the solicitation, bid, quotation or proposal, all appendices, all exhibits, associated Statements of Work, Purchase Orders, and all amendments awarded.

2.12 COST TO PROPOSE

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

2.13 NO OBLIGATION TO CONTRACT

This solicitation does not obligate the District to contract for services specified herein.

2.14 REJECTION OF BIDS, QUOTATIONS or PROPOSALS

The District reserves the right at its sole discretion to reject all bids, quotations or proposals received without penalty and not to issue a contract as a result of this solicitation.

2.15 INSURANCE COVERAGE

Before using any of said rights granted herein and at its own expense, the awarded Bidder shall purchase and maintain, or require its Agents and Subcontractors to purchase and maintain, the insurance described in Exhibit B for the entire duration of the Agreement.

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 the District.

Bidder 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 Bidder to have its Subcontractors and Agents comply with the insurance requirements contained herein does not limit Bidder’s liability or responsibility.

http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

26-057-IFB Invitation For Bids & Instructions Page 9 of 11

2.16 WARRANTY

Unless otherwise more stringently requested in Exhibit C. Scope of Material Requirements, bidder warrants that the goods or services to be provided within the scope of this IFB shall be free from defects in material and workmanship and shall conform to all requirements of the Contract for a period no less than those stated in the attached Exhibits. Any goods or services corrected shall be subject to this subsection to the same extent as the goods or services initially provided. The Bidder shall provide, upon request by the District, their standard warranty. The warranty shall be specific for all components of the equipment regardless of whether these components were built by the original equipment manufacturer or outside suppliers. The District may avail itself of the Bidder or manufacturer’s standard warranty if more beneficial to the District. The termination of the Contract shall in no way relieve the Bidder from its warranty responsibility. The Bidder shall cooperate with the District in facilitating warranty related work by suppliers, Bidders, distributors and subcontractors.

2.17 WARRANTY REMEDIES

Whenever possible, the Vendor shall provide “on the spot” settlement of warranty claims or disputes and authorize local representatives to act on the equipment manufacturer’s behalf. If at any time during the twelve

(12) month period immediately following acceptance of any goods or services covered by the Contract, Vendor or the District discovers one (1) or more material defects or errors in the goods or services or any other aspect in which the goods or services materially fails to meet the provisions of the warranty requirements herein, the Vendor shall, at its own expense and within thirty (30) days of notification of the defect by the District, correct the defect, error or nonconformity. The District shall give written notice of any defect to the Vendor. If the Vendor has not corrected defect within thirty (30) days after receiving the written notice, the District, in its sole discretion, may correct the defect itself. In the case of an emergency where the District believes delay could cause serious injury, loss or damage, the District may waive the written notice and correct the defect. In either case the District shall charge-back the cost for such warranty repair to the Vendor. The Vendor is responsible for all costs of repair or replacement in order to restore the goods or services to the applicable Contract requirements, including shipping charges, for goods or services found defective within the warranty period, regardless of who actually corrects the defect.

3 CONTENTS AND SUBMITTAL INSTRUCTIONS

Vendors are required to read and understand all information contained within this entire bid package including all exhibits. By responding to the solicitation, the Vendor agrees to read and understand all documents.

3.1 SUBMISSION OF BIDS, QUOTATIONS or PROPOSALS and BID GUARANTEE Bid Form. Complete, sign and return all pages of the District’s Vendor Bid Form (EXHIBIT A). The form must be received by the Solicitation Representative by the due date indicated within Section 1.8 Schedule of Procurement Activities of this solicitation, or any amendments. Bids received after the closing date and time will not be considered. Postmarks will not be accepted.

Bid Guarantee. Per RCW 54.04.080 and RCW 54.04.082, bid, quote or proposal amounts that total $120,000 or more shall be accompanied by a bid guarantee in the form of a certified check, cashier’s check or Bid bond payable to the order of Public Utility District No. 1 of Lewis County for a sum of five percent (5%) of the total amount of the bid. Should the successful bidder fail to enter into Contract within ten (10) days after bid, quote or proposal is accepted, the security shall be forfeited as liquidated damages.

The District reserves the right to hold the certified checks or bid bonds of the three lowest bidders. Checks of all bidders will be returned after the successful bidder has entered into Contract.

Submission of Bids. Bids must be legible, completed in ink or with an electronic printer or other similar office equipment, and properly signed by an authorized representative of the Bidder. All changes and/or erasures shall be initialed in ink. Unverified or Unsigned Bids will be rejected on opening unless satisfactory evidence was submitted clearly establishing the Bidder’s desire and intent to be bound by the Bid, such as a signed cover

26-057-IFB Invitation For Bids & Instructions Page 10 of 11 letter. Incomplete or illegible Bids may be rejected. All bids, quotations or proposals and any accompanying documentation become the property of the District and will not be returned. Only bids submitted as instructed are acceptable. Bids faxed, emailed or otherwise electronically delivered, informal quotes or vendor proposals are not accepted. Standard brochures should not be included in the submittals. There should not be any unnecessary attachments, enclosures, or exhibits.

a. Bids are due on or before the day and hour set for opening of bids. Bids, quotations or proposals must be sealed, and should be marked with the following naming convention: IFB ID Number - Solicitation Title - Bidder Name.

Sealed bids, quotations or proposals with Bid Bond (if applicable) shall be submitted physically to the Public Utility District No. 1 of Lewis County (District) before the due time established on the project timeline. Bids will be read aloud shortly after the bid due date and time at the District’s Auditorium Meeting Room.

Clearly identify your package as follows:

Public Utility District No. 1 of Lewis County 26-057-IFB | Control Enclosure for the Jackson Highway Substation– Name of Bidder 321 N.W. Pacific Avenue Chehalis, Washington 98532.

b. Electronic copies are supplemental only. An electronic copy may be uploaded through the procurement website system or provided to the Solicitation Representative upon request, but an electronic copy does not constitute a bid and will not be evaluated unless the District timely receives the corresponding original physical, sealed bid. The electronic copy must be identical to the physical bid and show all signatures.

c. All forms and documents submitted must have a signature of the individual within the organization authorized to bind the Bidder to the offer. The District does not assume responsibility for problems with Bidder’s delivery service, mail, e-mail or issues with the Public Purchase system.

d. Bidders should allow sufficient time to ensure timely receipt of the bid, quotation or proposal. Late bids, quotations or proposals will not be accepted and will be automatically disqualified from further consideration, even if the Public Purchase system is found to be at fault.

3.2 IDENTIFICATION OF COSTS

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. Bid, quotes, and proposal prices must include all cost components needed for the delivery of the goods and/or services as described in this IFB. Failure to identify all costs in a manner consistent with the instructions in this IFB is sufficient grounds for disqualification. The proposed pricing levels should reflect the market provided by the Contract resulting from this IFB.

4 EVALUATION AND AWARD

4.1 BASIS FOR EVALUATION

Award will be made to the responsive and responsible Bidder submitting the lowest total bid price calculated in accordance with the Bid Form. Price controls the award among Bidders determined responsive and responsible under the requirements of this solicitation. Base bids and alternate material specifications will be evaluated separately. An alternate material specification will be eligible for award only if the District determines that it is responsive, meets the specifications and technical goals of the procurement, and results in the lowest total bid price among the responsive and responsible bids or alternates under consideration.

26-057-IFB Invitation For Bids & Instructions Page 11 of 11

The District reserves the right to waive immaterial informalities, reject any or all bids, cancel and re-solicit as permitted by law, and seek clarification that does not alter price or otherwise provide a Bidder an unfair competitive advantage. These reserved rights do not change the basis of award: if the District makes an award, the award will be made to the responsive and responsible Bidder submitting the lowest total bid price. Responses will be evaluated only on the information contained in the timely received physical, sealed bid and any clarification permitted by this solicitation.

4.2 EVALUATION PROCESS

Responsiveness Evaluation - Each timely received physical, sealed bid will first be reviewed on a pass/fail basis for compliance with the administrative and minimum requirements of this IFB. A submission that is not a timely received physical, sealed bid will be rejected as non-responsive and will not be evaluated. A Bidder that does not pass the Responsiveness Evaluation will be deemed non-responsive and will receive no further consideration.

Evaluation of Bids - After responsiveness is established, the District will determine bidder responsibility in accordance with this solicitation. Among bids submitted by responsive and responsible Bidders, the bid with the lowest total bid price calculated in accordance with the Bid Form will be selected for award. No scoring, best-value ranking, or evaluation of non-price preferences will be used to select a higher-priced bid.

Reference Evaluation – The District reserves the right to contact references supplied by the Bidder and references not supplied by the Bidder, and use the information obtained for evaluation purposes (Pass/Fail).

4.3 AWARD DETERMINATION

Bids will not be scored. Evaluation consists of determining responsiveness, determining bidder responsibility, and identifying the lowest total bid price among responsive and responsible Bidders.

4.4 CLARIFICATION OF BID, QUOTE, PROPOSAL

The District may contact a Bidder for clarification of any portion of a Bidder’s bid, quote or proposal.

4.5 CONTRACT FINALIZATION WITH LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

The District may clarify or finalize contract documents with the responsive and responsible Bidder submitting the lowest total bid price, provided that no clarification or finalization changes the bid price or the material requirements of the solicitation. The Bidder shall accept this IFB and its physical bid for incorporation into the resulting contract. The bid will become part of the contract and the official procurement file.

If the selected lowest responsive and responsible Bidder fails to execute the Contract or provide required post-award documents, the District may cancel that award and award to the next-lowest responsive and responsible Bidder or cancel and reissue the solicitation.

EXHIBITS AND ATTACHMENTS FOLLOW

26-057-IFB Exhibit A: Bid Form Page 1 of 2

EXHIBIT A – SUMMARY BID FORM

CONTROL ENCLOSURE FOR THE JACKSON HIGHWAY SUBSTATION

CONTROL ENCLOSURE FOR THE JACKSON HIGHWAY SUBSTATION SPECIFICATION

PRICE SCHEDULE: Control Enclosure for the Jackson Highway Substation

ITEM DESCRIPTION QTY Price Each Extended

Complete specified control enclosure for the Jackson Highway Substation, including fabrication, delivery, offloading, installation, field services, and accessories required by Exhibit C and the Contract Drawings.

1 $ $

2 Freight 1 $ $

Total before sales tax 1 $ $

TOTAL PRICE $

Written TOTAL PRICE expressed in Dollars & Cents:

• Bid pricing shall be expressed without sales tax. Applicable Sales Taxes will be applied on order.

• Bids shall be made on the form provided and for the quantities and sizes shown.

• A Bidder may submit an alternate material specification proposing a different material, product, component, or equipment solution that the Bidder believes meets the specifications and technical goals of the procurement. Each alternate must be clearly identified as an alternate material specification and submitted on a separate sheet with a complete technical description, supporting documentation, a total alternate price for the complete scope of Work, and identification of all differences from the specified material requirements.

The alternate price must include all cost components required by this IFB and must not modify or condition the Bidder’s acceptance of the District’s terms and conditions. The District makes no representation that an alternate material specification will be responsive. Each alternate will be evaluated separately to determine whether it meets the specifications and technical goals of the procurement. Alternate terms and conditions are not permitted.

• The DISTRICT intends to make one aggregate award based on the TOTAL PRICE shown on the Bid Form.

• If the DISTRICT makes an award, it will award to the responsive and responsible Bidder submitting the lowest

TOTAL PRICE.

CONTRACTOR / VENDOR / MANUFACTURER CERTIFICATION

I hereby certify, on behalf of the Bidder identified below, as follows (check one):

No Wage Violations. This firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

OR

Violations of Wage Laws. This firm has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

26-057-IFB Exhibit A: Bid Form Page 2 of 2 above-referenced procurement solicitation date.

The authorized signatory below acknowledges having read and understood the entire solicitation including any amendments and agrees to comply with the terms and conditions of the solicitation in submitting and fulfilling the offer made in its bid, quote or proposal.

The signatory below represents that he/she has the authority to bind the company named below to the bid, quote or proposal submitted and any contract awarded as a result of this solicitation.

BIDDER INFORMATION:

BUSINESS NAME: ________________________________________

NAME OF AUTHORIZED REPRESENTATIVE: ________________________________________

ADDRESS: ________________________________________

CITY: ________________ STATE: ____ ZIP: _________

CELL PHONE: ________________________________________

OFFICE PHONE: ________________________________________

E-MAIL: ________________________________________

TIN (TAX IDENTIFICATION NUMBER):

INTERNAL REVENUE SERVICE

WA UBI (Unified Business Identifier):

WA DEPARTMENT OF LICENSING

ALL IN-STATE BIDDERS MUST BE LICENSED TO DO BUSINESS IN WASHINGTON STATE.

OUT-OF-STATE BIDDERS SHOULD SEEK GUIDANCE FROM WA DEPARTMENT OF LICENSING FOR SPECIFIC UBI REQUIREMENTS.

SIGNATURE OF AUTHORIZED REPRESENTATIVE DATE

**SUBMIT ALL PAGES OF THE BID FORM**

https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin https://dor.wa.gov/doing-business/register-my-business https://dor.wa.gov/doing-business/register-my-business

26-057-IFB Exhibit B: Sample Purchase Order w/ Terms and Conditions Page 1 of 7

EXHIBIT B – SAMPLE PURCHASE ORDER W/ TERMS AND CONDITIONS

26-057-IFB Exhibit B: Sample Purchase Order w/ Terms and Conditions Page 2 of 7

EXHIBIT B: STANDARD DISTRICT TERMS AND CONDITIONS

The Vendor shall provide the goods and services described in a Purchase Order or Notice to Proceed subject to the requirements of the Invitation for Bid, the accepted Exhibit A, Bid Form, this Exhibit B, Terms and Conditions, Exhibit C, Scope of Material Requirements, and Exhibit D, Supplemental Contract Requirements, and as further instructed in an approved Purchase Order. Except for alternate material specifications submitted and accepted in accordance with Exhibit A, all additional or different terms proposed by the Vendor are objected to and hereby rejected unless otherwise provided in a writing signed by a duly authorized representative of the District. Through performance of this Purchase Order, the Vendor agrees to these terms and conditions.

1. ORDER OF PRECEDENCE:

In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the following order: the DISTRICT issued Purchase Order and approved amendments, Exhibit C, Scope of Material Requirements, and the Contract Drawings, Exhibit D, Supplemental Contract Requirements, Exhibit B, Standard District Terms and Conditions, and the awarded Exhibit A, Bid Form.

Among categories of documents having the same order of precedence, the term or provision that includes the latest date shall control. Notwithstanding the foregoing order of precedence, where a conflict concerns the technical characteristics, fabrication, installation, testing, delivery, or performance requirements of the materials or equipment, the more specific material specification or requirement shall govern. This exception shall not apply where doing so would limit, waive, or impair the District’s rights or remedies for nonperformance, the Vendor’s indemnification, insurance, bonding, warranty, or risk-allocation obligations, or any requirement intended to mitigate risk to the District.

2. DEFINITIONS.

a. “District” means Public Utility District No. 1 of Lewis County.

b. “Purchase Order” means a District order for goods, services, or both goods and services (the

“Deliverables”) that becomes a binding contract upon written acceptance or performance by the Vendor, and that consists of the Purchase Order and these Terms and Conditions, and any other specifically referenced documents.

c. “Vendor” means the individual, partnership, company, or corporation contractually obligated to provide the Deliverables described in this Purchase Order.

3. WARRANTIES. Vendor warrants that all Deliverables provided under this Purchase Order shall be fit for the purpose(s) for which intended, for merchantability, and shall conform to the requirements and specifications herein.

4. DELIVERY, INSPECTION, REJECTION, CURE, FORCE MAJURE.

a. TIME OF THE ESSENCE. Time is of the essence in the performance of this Purchase Order.

b. SHIPPING & RISK OF LOSS. All goods subject to this Purchase Order shall be shipped F.O.B.

destination, unless delivery terms are specified otherwise. Risk of loss of the goods shall pass to the District at the time the goods are accepted by the District.

c. CHARGES AND FREIGHT. No charges will be allowed for packaging, boxing, crating or cartage, except by specific agreements. All shipments must be prepaid.

d. INSPECTION. The District’s inspection of all goods upon delivery is for the sole purpose of identification. Such inspection shall not be construed as acceptance of the goods.

e. REJECTION. The District may reject any nonconforming Deliverables by reasonably notifying the Vendor in writing.

f. OPPORTUNITY TO CURE. Vendor shall have the right to cure the materiality of any breach prior to the time for performance under this Purchase Order. This right to cure terminates upon the time for performance.

g. FORCE MAJURE. The delivery date(s) stated is material, and any delay may result in additional costs to District. However, the agreed schedule may be changed if District determines that the delay was due to unforeseeable causes beyond the control and without the fault or negligence of Vendor and if Vendor notifies District in writing of the cause of such delay within a reasonable time from the beginning thereof of such a longer period as District may grant in writing. Failure to meet scheduled delivery may result in termination of Purchase Order.

5. INVOICING & PAYMENT.

a. PROGRESS PAYMENTS:

26-057-IFB Exhibit B: Sample Purchase Order w/ Terms and Conditions Page 3 of 7

Contractor for the Control Enclosure for the Jackson Highway Substation may request progress payments for the goods and services ordered by the DISTRICT.

Performance Bond Required for Progress Payments. Any contract that permits progress payments, partial payments prior to final delivery and acceptance, advance fabrication payments, milestone payments, or similar interim payments shall require a Performance Bond in an amount equal to one hundred percent (100%) of the total awarded contract price. The Performance Bond shall be furnished within ten (10) business days of receipt of the award letter and shall remain in full force and effect until final acceptance of the Work and fulfillment of all contractual obligations. No progress payment shall be due or payable until the required Performance Bond has been received and accepted by the DISTRICT. The requirement for a 100% Performance Bond is material to the Contract and may not be waived except by written amendment executed by the DISTRICT.

The following schedule reflects the minimum consideration for progress payments.

(1) 10% upon DISTRICT’s approval of Contractor submitted time schedule and fabrication reservation.

(2) 20% upon DISTRICT’s approval of Contractor’s final design drawings.

(3) 25% on completion of steel fabrication of the Control Enclosure for the Jackson Highway

Substation at fabrication facility.

(4) 25% on completion of equipment final gathering and testing at fabrication facility.

(5) 10% on delivery Control Enclosure for the Jackson Highway Substation to DISTRICT facility.

(6) 10% on final acceptance by the DISTRICT.*

*Where prevailing wages are required, this agreement is subject to the appropriate retainage.

b. ADVANCE PAYMENT PROHIBITED. Excepting for allowed Progress Payments, no payments in advance or in anticipation of goods or services to be provided under this Purchase Order shall be made by District.

c. INVOICING. Vendor shall provide original invoices. Each invoice shall reference the Purchase Order number.

d. IDENTIFICATION. All invoices, packing lists, packages, instruction manuals, correspondence, shipping notes, shipping containers, and other written documents relating to this Purchase Order shall be identified by the Purchase Order number. Packing lists shall be enclosed with each shipment, indicating the contents therein.

e. PAYMENT. Payment shall be made net 30 days of receipt of invoice. Payment is contingent on District acceptance of identified Deliverables.

6. DEFAULT, REMEDIES, WAIVER.

a. DEFAULT. Vendor shall be in default if it is in material breach of any term or condition of this Purchase

Order. The time of default shall begin when the material breach occurs or after any applicable opportunity to cure period lapses, whichever is later.

b. REMEDIES

(1) With respect to any nonconforming Deliverables, the District may elect to do one or more of the following:

(a) Specific performance. If the Deliverables are unique, sole sourced, or otherwise deemed by the District to be unavailable elsewhere, the District may demand specific performance.

(b) Cover. The District may obtain substitute Deliverables and charge the Vendor the difference between the cost of the substitute Deliverables and the contracted for price in this Purchase Order.

(c) Price reduction. The District may retain nonconforming Deliverables and equitably reduce the price of the Purchase Order based on the difference between the contracted for price and the fair market value of the nonconforming Deliverables.

(d) Return. The District may return or set aside for pickup by the Vendor any nonconforming goods and terminate this Purchase Order for cause.

(2) The Vendor shall be liable for all incidental and consequential damages caused by any breach of this Purchase Order. Such damages may be recovered, in whole or in part, by equitable price reduction or credit against any amounts that may be owed to the Vendor

26-057-IFB Exhibit B: Sample Purchase Order w/ Terms and Conditions Page 4 of 7 under this Purchase Order.

(3) THE DISTRICT’S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR

RELATED TO THIS PURCHASE ORDER SHALL IN NO EVENT EXCEED THE

PURCHASE PRICE OF THIS PURCHASE ORDER. FURTHERMORE, IN THE EVENT

OF A TERMINATION OF THIS PURCHASE ORDER, THE DISTRICT’S TOTAL LIABILITY

FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THIS PURCHASE ORDER

SHALL NOT EXCEED THE PURCHASE PRICE OF SERVICES RENDERED OR GOODS

DELIVERED PRIOR TO THE EFFECTIVE DATE OF THE TERMINATION.

(4) The rights and remedies provided by this Purchase Order are cumulative and (except as otherwise provided in this Purchase Order) are not exclusive of any other or additional rights or remedies provided by law.

c. WAIVER. Waiver of any breach or default shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms of this Purchase Order unless stated to be such in writing by a duly authorized representative of the District.

7. TERMINATION. Except as provided below, this Purchase Order shall terminate upon successful performance of all obligations by both parties.

a. TERMINATION DUE TO CHANGE IN FUNDING. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Purchase Order and prior to normal completion, the District may terminate the Purchase Order without advance notice, subject to renegotiation at the District’s discretion under those new funding limitations and conditions.

b. TERMINATION FOR CAUSE. In the event the District determines the Vendor is in default, the District shall have the right to suspend or terminate this Purchase Order. A termination shall be deemed to be a “Termination for Convenience” if it is determined that the Vendor: (1) was not in default; or (2) failure to perform was outside of its control, fault, or negligence.

c. TERMINATION FOR CONVENIENCE.