2618 Solicitation Standards.docx

Solicitation Standards

OLYMPIA, WASHINGTON

2618 SOLICITATION STANDARDS

This document contains important information for Proposers applicable to the solicitation documents administered by Intercity Transit. This information applies directly, and is incorporated by reference, into the solicitation and contracts resulting from this solicitation. As such, Proposers do not need to attach this document with their response to the solicitation. It is the responsibility of the Proposer to read and fully understand the details of all items contained herein prior to Proposal submittal.

TABLE OF CONTENTS

APPENDIX B

RFP 2618- Hydrogen Tube Trailers 7 of 8 Solicitation Standards

1. DEFINITIONS

This section contains definitions of terms commonly used in Solicitations conducted by Intercity Transit.

2. AMENDMENTS AND ADDENDA

Transit reserves the right to amend this Solicitation at any time before the Proposal due date and time. Amendments may be issued at Transit’s discretion to address shifting requirements, including but not limited to: changes in quantity or quality, delivery timelines, procedural updates, technical baselines, or selection criteria.

All Addenda will be posted on Washington’s Electronic Business Solution (WEBS). It is the Proposer’s sole responsibility to check periodically for Addenda related to this Solicitation.

If there is any conflict between Addenda, or between an Addendum and the original Solicitation document, whichever document was issued last in time shall be controlling.

3. COLLUSION

If Transit determines that collusion has occurred among Proposers, none of the Proposals of the participants in the collusion will be considered. Transit’s determination shall be final.

If it is discovered post-award that the successful Bidder, as Contractor, colluded with any other party or parties in presenting a bid or bids, then the Contract shall be null and void and Contractor and its sureties shall be liable to Transit for all loss or damage which Transit may suffer thereby. Transit may solicit for a new contract for Work called for in this Contract and the terminated Contractor shall be fully responsible for all costs to Transit for rebidding the project, including any increase in the Contract Amount, and all costs, expenses, or other damages arising out of termination of the Contract. A terminated Contractor is prohibited from submitting a bid for any resolicited work and may be debarred by Transit in participating in any future contracting opportunities.

4. SUSTAINABILITY COMMITMENT

Our Environmental and Sustainability Policy directs all employees including those working our behalf of Transit to be in compliance with all environmental laws and regulations, policy communication, pollution prevention, incorporation of sustainability practices in all operations. Transit is committed to implementing core processes which set the basis for environmental, social, and economic sustainability. Transit administers these practices on an ongoing basis with a commitment to continual improvement. Should the resulting contract impact Transit’s sustainability commitments, Proposers may be required to provide relevant information about the goods or services being procured.

5. ENVIRONMENTAL POLLUTION PREVENTION AND PUBLIC NATURAL RESOURCES PRESERVATION

The Successful Proposer will comply with applicable portions of the following statutes, ordinances and regulations and such other regulatory measures dealing with the prevention of environmental pollution and the preservation of public natural resources as may be subsequently identified by Transit or other public agencies as applicable to the work.

A. Federal. Natural Environmental Policy Act of 1969, 42 USC 4321 et seq.; Executive Order 11514; Clean Water Act, 33 USC 1251 et seq.

B. State. Water Pollution Control Act, Chapter 90.48 RCW; State Environmental Policy Act of 1971, Chapter 43.21C RCW and WAC Chapter 1997-10; Noise Control Act of 1974, Chapter 70.107 RCW; Washington Clean Air Act, Chapter 70.94 RCW and WAC Chapter 1; Shoreline Management Act of 1971, Chapter 90.58 RCW.

C. Regional. Any applicable Air Pollution Control District regulations.

D. Thurston County. Any applicable County ordinances and regulations.

E. Local. Any applicable City ordinances and regulations.

6. INSURANCE

The Successful Proposer is required to obtain insurance to protect Transit should there be any claims, suits, actions, costs, or damages or expenses arising from any negligent or intentional act or omission of the Proposer or its Subcontractor(s), or their agents, while performing work under the terms of any Contract resulting from this Solicitation. Proposers will find a complete description of the specific insurance requirements in the Sample Contract document located in Appendix B of the Solicitation document.

7. MINORITY, WOMEN, DISADVANTAGED AND SMALL BUSINESS ENTERPRISES

Transit is committed to maximum utilization of minority, women, and disadvantaged businesses enterprises (DBE), and small businesses enterprises (SBE). All businesses are encouraged to respond.

Interested firms are reminded to provide all potential business partners an equal, non-discriminatory opportunity to compete for business as joint venture partners or subcontractors. Transit is interested in firms that demonstrate a commitment to equal employment opportunity and encourages firms to employ a workforce that reflects the region's diversity and to adhere to non-discrimination.

8. NO COSTS OR CHARGES

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

9. NO OBLIGATION TO CONTRACT

This Solicitation does not obligate Transit to contract for the service(s) specified. Transit reserves the right to cancel or reissue this Solicitation in whole or in part, for any reason, prior to Contract award.

10. POLICY COMPLIANCE

Transit does not permit alcohol, drugs and weapons on Transit property. Tobacco products must only be used in designated areas. The Awarded Contractor is responsible to ensure that all employees and any Subcontractors assigned to work on Transit property are aware of and comply with these policies.

11. PROJECT PERSONNEL

Proposer represents that it has, or will obtain, all qualified personnel necessary to perform the services required under this Solicitation. All services required under this Solicitation shall be performed by the Proposer, its employees, agents, representatives, or authorized Subcontractors. Upon Contract award, Contractor will not change assigned project personnel or subcontractors without prior Transit approval

12. PROPOSAL CLARIFICATION

Transit will make the sole determination of clarity and completeness in the Proposals relative to any of the provisions in this Solicitation. Transit reserves the right to require clarification, additional information and materials in any form relative to any or all of the provisions or conditions of this Solicitation.

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

13. PROPOSAL COSTS

Proposer is solely liable for any and all costs associated with preparing, submitting or presenting a Proposal in response to this Solicitation. Transit is not liable for any cost incurred by the Proposer in the process of responding to this Solicitation.

14. PROPOSAL DEADLINE POSTPONEMENT

Transit reserves the right to postpone the Proposal due date and time at any time prior to the set due date and time.

15. PROPOSAL OWNERSHIP

All Proposals and materials submitted in response to this Solicitation will become the property of Transit. Information in each Proposal will be shared with Transit employees and other persons involved in the Proposal evaluation. Transit will have the right to use ideas or adaptations of ideas that are presented in the Proposal. Selection or rejection of the offer will not affect this right.

16. PROPOSAL REJECTION

Transit reserves the right to reject any Proposal for any reason including, but not limited to, the following:

A. Any Proposal which is incomplete, obscure, irregular or lacking necessary detail and specificity;

B. Any Proposal which contains figures (price, percentage or others) that are not legible or subject to more than one interpretation;

C. Any Proposal from Proposer(s) who (in the sole judgment of Transit) lack the qualification and/or responsibility necessary to perform the work properly;

D. Any Proposal for which a Proposer fails or neglects to complete and submit any qualification information within the time specified by Transit; and E. Any Proposal submitted by a Proposer who is not registered or licensed as may be required by the laws of the state of Washington.

F. Any Proposal where the Proposer is deemed by Transit to lack the wherewithal to successfully carry out the contract terms, has suspect character, appears to have a less than favorable reputation in the community(ies), and/or has had poor performance in a previous Contract with Transit.

Transit further reserves the right to reject any or all Proposals, to waive any minor irregularities or informalities (without obligation) in any response to the Solicitation, and to accept any items or combination of items. In consideration for Transit’s review and evaluation of its Proposal, the Proposer waives and releases any claims against Transit arising from rejection of any or all Proposals.

17. PROPOSAL WITHDRAWAL OR MODIFICATION

A modification of a Proposal already received will be considered only if the modification is received prior to the Proposal due date and time. All modifications shall be made in writing, executed and submitted in the same form and manner as the original Proposal. Notwithstanding the above, a late modification of an otherwise successful Proposal that makes its terms more favorable to Transit may be considered at any time it is received and may be accepted.

Proposers may withdraw their Proposal by written request to the Procurement Coordinator. The withdrawal request must be received by the Procurement Coordinator prior to Proposal due date and time. Proposals may be withdrawn in person by the Proposer or an Authorized Representative, if the representative’s identity is made known and the representative signs a receipt for the Proposal before the Proposal due date and time.

No Proposer may withdraw a Proposal after the Proposal due date and time, or before the award and execution of the Contract, unless the award is delayed for a period exceeding sixty (60) Calendar Days from the Proposal due date and time. Transit reserves the right to request that Proposers grant an extension of such effective period.

Transit will not consider a claim of error in a Proposal unless written notice and supporting evidence of such claim, including cost breakdown sheets, are delivered to Transit within forty-eight (48) hours after Proposal opening. Any review by Transit of a Proposal and/or any review of such a claim of error (including supporting evidence) creates no duty or liability on Transit to discover any other error or mistake, and the sole liability for any Proposal errors rests with the Proposer.

18. PROPRIETARY OR CONFIDENTIAL INFORMATION

Transit will not disclose any information contained in competing Proposals or the number of Proposals received until after Contract award. Transit will keep information submitted through this process confidential to the extent allowed by state or federal law.

All information contained in the Proposals is subject to the Washington State Public Records Act, RCW Chapter 42.56, and may be subject to public inspection. It should be noted that RCW 42.56.270(1) states that the following information is exempt from disclosure: “Valuable formulae, designs, drawings, computer source code or object code, and research data obtained by any agency within five years of the request for disclosure when disclosure would produce private gain and public loss.”

Proposers, who include data in their Proposals which conforms to the above limitations and that they do not want disclosed to the public for any purpose or used by Transit, except for in evaluation purposes, must indicate any pages and/or sections of the Response that Proposer desires to claim as proprietary in the Proposer Information section of the Proposal Submittal Document titles “Proprietary or Confidential Information”.

19. PROTEST PROCEDURES

Protests shall be filed and resolved in accordance with the following procedure:

A. Right to Protest. Any actual or prospective Proposer, including sub-contractors and suppliers showing a substantial economic interest in this project, who is aggrieved in connection with the solicitation or award of this project, may file a protest. A protest with respect to the RFP shall be submitted in writing to the Intercity Transit General Manager prior to the established Proposal due date and time unless the aggrieved person did not know the facts giving rise to such protest prior to Proposal date. The protest shall be submitted within seven (7) Calendar Days after such aggrieved person knows or should have known of the facts giving rise thereto. If the protester is not satisfied with the solution of the General Manager, a written protest may be filed with the Intercity Transit Authority. Protests filed more than seven (7) Calendar Days following the receipt of the General Manager’s written determination will not be accepted.

B. Stay of Procurements During Protests. In the event of a timely protest, the General Manager shall not proceed further with the solicitation or award of the Contract until all administrative and judicial remedies have been exhausted or until the Intercity Transit Authority makes a determination on the record that the award of a Contract without delay is necessary to protect substantial interests of Transit.

C. Entitlement of Costs. In addition to any other relief, when a protest is sustained and the protesting Proposer should have been awarded the Contract under the solicitation, but is not, then the protesting Proposer shall be entitled to the reasonable costs incurred in connection with the solicitation, including preparation costs, other than attorney’s fees.

D. Process. In order to be considered, a protest shall be in writing and shall include:

1. The name and address of the aggrieved person;

2. The project number and title under which the protest is submitted;

3. A detailed description of the specific grounds for protest and any supporting documentation; and

4. The specific ruling or relief requested.

The written protest will be addressed to:

Intercity Transit Attention: General Manager Proposal Protest 526 SE Pattison Street Olympia, WA 98501 Failure to comply with these protest procedures shall render a protest untimely or inadequate and may result in rejection by Transit.

For procurements that include federal funding, the Federal Transit Administration (FTA) may entertain a protest that alleges that Transit failed to have or follow written protest procedures. Such protest must be filed with FTA not later than five (5) days after Transit renders a final decision or five (5) days after the protester knows or has reason to know that Transit has failed to render a final decision. A protest to FTA must be filed in accordance with FTA Circular 4220.1F (as periodically updated).

20. SINGLE PROPOSAL RECEIVED

If Transit receives a single responsive, responsible Proposal, Transit shall have the right, in its sole discretion, to extend to the Proposal acceptance period for an additional forty-five (45) Calendar Days and to conduct a price or cost analysis on such Proposal. The Proposer shall promptly provide all cost or pricing data, documentation and explanation requested by Transit to assist in such analysis. By conducting such analysis, Transit shall not be obligated to accept the single Proposal. Transit reserves the right to reject such Proposal or any portion thereof.

21. JOINT VENTURE

Joint venture proposals will not be accepted by Transit. Proposers shall structure their submitted proposals, so the Proposer is the Primary Vendor. Firms associated with the Primary Vendor, providing goods and/or services to Transit under this contract, shall be as a subcontractor to the primary contract awardee, and not to Transit.

22. SHIPPING CHARGES, PACKING CHARGES AND FEES

All prices shall include freight, FOB to the designated delivery point. Transit will reject requests for additional compensation for freight and/or packaging charges, fuel surcharges and fees of any type that are not specified within the Contract.

23. PACKING SLIPS

Each delivery to Transit shall have a packing slip enclosed that identifies the requester, contract number or purchase order number, part number, unit price and quantity of each part shipped. If the delivery is a partial shipment, indicate on the packing slip that it is not a complete shipment of that order and identify the items not shipped and provide a projected completion date of the order.

If the delivery combines items from more than one (1) purchase order, separate packing slips shall be included in the shipment for each.

24. USE REPORT

The Proposer shall, if requested, submit to Transit’s representative a report of sales made to Transit under the Contract. The report, in a format acceptable to Transit, shall identify the detail required by Transit’s representative, which may include but is not limited to, delivery location, the item description, whether it’s a Contract or non-Contract item, quantity, price and discount.

25. WARRANTY

Proposer warrants that the Work performed under the Contract shall be free from defects in material and workmanship, and shall conform to all requirements of the Contract, for a period of at least twelve (12) months from date of acceptance of such Work by Transit. Any Work corrected shall be subject to this subsection to the same extent as the Work initially provided.

Proposer shall provide, upon request by Transit, 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. Transit may avail itself of the Proposer or manufacturer’s standard warranty if more beneficial to Transit.

Conducting of tests or inspections, acceptance, or the processing of payment(s) by Transit shall not constitute a waiver of any rights under the Contract or in law. The termination of the Contract shall in no way relieve the Vendor from its warranty responsibility.

Proposer shall ensure that the warranty requirements of the Contract are enforceable through and against the Proposer’s suppliers, vendors, distributors and subcontractors. The Proposer shall cooperate with Transit in facilitating warranty related work by such suppliers, vendors, distributors and subcontractors.

Proposer warrants that the Services shall in all material respects conform to the requirements of the Contract. Proposer warrants that qualified professional personnel with in-depth knowledge shall perform the Services in a timely and professional manner; and that the Services shall conform to the standards generally observed in the industry for similar Services. Proposer warrants that the Services shall be in compliance with all applicable laws, rules and regulations.

26. WARRANTY REMEDIES

Whenever possible, the Proposer 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 Work covered by the Contract, Proposer or Transit discovers one (1) or more material defects or errors in the Work or any other aspect in which the Work materially fails to meet the provisions of the warranty requirements herein, the Proposer shall, at its own expense and within thirty (30) days of notification of the defect by Transit, correct the defect, error or nonconformity.

Transit shall give written notice of any defect to the Proposer. If the Proposer has not corrected defect within thirty (30) days after receiving the written notice, Transit, in its sole discretion, may correct the defect itself. In the case of an emergency where Transit believes delay could cause serious injury, loss or damage, Transit may waive the written notice and correct the defect. In either case Transit shall charge-back the cost for such warranty repair to the Proposer.

The Proposer is responsible for all costs of repair or replacement in order to restore the Work to the applicable Contract requirements, including shipping charges, for Work found defective within the warranty period, regardless of who actually corrects the defect.

27. PRICING OF SPARE PARTS

Transit shall have the right to conduct a cost or Price Analysis on specific spare parts if pricing appears to be in excess of standard industry pricing for similar parts. Any difference shall be subject to negotiations to the satisfaction of the Transit. Transit is not required to purchase spare parts under the contract if it can purchase the same item(s) from another source under terms that are more advantageous to Transit.

28. REJECTION OF GOODS OR SERVICES

After award, Transit’s authorized representative shall have the option of rejecting or refusing delivery of any and all goods or services which are not in strict conformity with the requirements of the specification and the Proposal. All rejected goods or services shall be promptly replaced or re-performed and be subject to approval by Transit. All replacement goods and services shall be provided at the Vendor’s own expense.

29. RE-PROCUREMENT COSTS

When a Proposer fails to furnish goods or services in accordance with the terms of the Contract, and Transit must purchase at a price greater than the contract price, the difference may be charged to the Proposer. Transit may exercise this charge as a credit against invoices due the Proposer.

30. TAXES, LICENSES, AND CERTIFICATE REQUIREMENTS

The Contract and any of the Work provided hereunder is contingent and expressly conditioned upon the ability of the Proposer to provide the specified goods or services consistent with applicable federal, state or local laws and regulations. If, for any reason, the Proposer’s required compliances are terminated, suspended, revoked or in any manner modified from their status at the time the Contract becomes effective, the Proposer shall notify Transit immediately of such condition in writing.

The Proposer and subcontractor(s) shall maintain and be liable for all taxes (except sales/use taxes), fees, licenses, permits and costs as may be required by applicable federal, state or local laws and regulations as applicable to the Work under the Contract.

31. FORCE MAJEURE

The term force majeure shall include, without limitation by the following enumeration: acts of nature, acts of civil or military authorities, fire, accidents shutdowns for purpose of emergency repairs, industrial, civil or public disturbances, causing the inability to perform the requirements of the Contract. If any party is rendered unable, wholly or in part, by a force majeure event or any event cause not within such party’s control, to perform or comply with any obligation or condition of the Contract, upon giving notice and reasonably full particulars to the other party, such obligation or condition shall be suspended only for the time and to the extent commercially practicable to restore normal operations. In the event the Vendor ceases to be excused pursuant to this provision, then Transit shall be entitled to exercise any remedies otherwise provided for in the Contract, including Termination for Default.

Whenever a force majeure event causes the Proposer to allocate limited resources between or among the Vendor’s customers, Transit shall receive no less priority in respect to such allocation than any of the Vendor’s other customers. Each party must inform the other in writing with proof of receipt within five (5) business days of the existence of force majeure event or otherwise waive this right as a defense.

32. PATENTS AND ROYALTIES

The Proposer is responsible for paying all license fees, royalties or the costs of defending claims for the infringement of any intellectual property that may be used in performing the Contract.

33. TIE Proposals In the case of a tie where there are equal scores among the top-scoring Proposers, each Proposer involved in the tie will either be entered into a drawing to establish their position for award in ascending order from first to last, or a coin flip will determine the winning Proposal.

34. WORK PROGRESS AND COMPLETION

Progress and completion of the work must comply with all stated requirements. The submission of a Proposal shall constitute the Proposer’s acknowledgment that such progress and completion requirements are taken into account in formulating Proposer’s pricing.

35. DISCRIMINATION, PREFERENTIAL TREATMENT PROHIBITED (RCW49.60.400)

Excerpt: (1) The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting. (8) For the purposes of this section, "state" includes, but is not necessarily limited to, the state itself, any city, county, public college or university, community college, school district, special district, or other political subdivision or governmental instrumentality of or within the state.

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