23423b.pdf

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 1

(Rev 2022-10-25)

COMPETITIVE SOLICITATION – NO. 23423

FOR

WATERBORNE TRAFFIC MARKING PAINT CONTRACTS

INTRODUCTION

The Washington State Department of Enterprise Services (Enterprise Services) is issuing this Competitive Solicitation pursuant to RCW 39.26. Pursuant to this Competitive Solicitation, Enterprise Services intends to conduct a competitive procurement to establish and award, as appropriate, multiple Washington statewide contracts (“Statewide Contracts” or “Contract”), by specified contract category, for Washington state agencies and other specified eligible purchasers to purchase certain specified types and volumes of low VOC waterborne/water-based traffic marking paints (collectively “Traffic Marking Paint”).

The Washington State Department of Transportation and other eligible purchasers (e.g., political subdivisions) have continuing operational needs to purchase and utilize Traffic Marking Paint for roadway and zone marking application to help depict navigational guidelines and directions. Accordingly, to provide a cost-effective and efficient enterprise procurement solution for Washington state agencies and other specified eligible purchasers, Enterprise Services intends to use this Competitive Solicitation to solicit and evaluate competitive bids, as set forth herein, to award multiple Statewide Contracts, by contract category to innovative bidders who can provide Traffic Marking Paint. The resulting Statewide Contracts will not include paint supplies or painting services; rather, the resulting Statewide Contracts will be limited to Traffic Marking Paint as specified in this Competitive Solicitation. This contract is intended to provide container options that meet the business needs of the customer in 250-gallon or larger totes, 55-gallon drums, 5-gallon pails and providing white and yellow paint with options for additional colors.

Enterprise Services intends to award Statewide Contracts, by specified contract category, as follows:

Category 1 – Single Component Waterborne Traffic Marking Paint (100% Acrylic Emulsion) in white and yellow Category 2 – Single Component Waterborne Traffic Marking Paint (DOW 5408 or approved equal) in white and yellow Category 3 – Semi-Durable Waterborne Traffic Marking Paint Category 4 – High Build Waterborne Traffic Marking Paint Category 5 – Cold Weather Waterborne Traffic Marking Paint

Category 6 – Additional Waterborne Traffic Marking Paint colors. At Enterprise Services discretion, bidders awarded a Contract in Category 1, 2, 3, 4, or 5 may be considered for Category 6 contract award.

Enterprise Services encourages the use of Washington Small Businesses and/or Certified Veteran-Owned businesses for contract opportunities. Accordingly, to facilitate state agency purchases of goods/services from Washington Small Businesses and/or Certified Veteran-Owned businesses, Enterprise Services intends to award reserved Statewide Contracts, as set forth below, to the otherwise not awarded, highest scored responsive, responsible

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 2

bidders who certify pursuant to Exhibit A-1 – Bidder’s Certification and qualify as a Washington Small Business and/or Certified Veteran-Owned Business.

Bidders may bid on one, multiple, or all Contract Categories with the exception of Category 6. Award of Category 6 will be at Enterprise Services discretion. Bidders awarded a Statewide Contract in Category 1, Category 2, Category 3, Category 4, or Category 5 may be considered for a Category 6 Contract Award.

Total potential Contract awards are summarized in the following table:

WATERBORNE TRAFFIC MARKING PAINT CATEGORIES TOTAL POTENTIAL

CONTRACT AWARDS

NO. CONTRACT CATEGORY CONTRACT

AWARD*

RESERVED CONTRACT

AWARD**

1 Single component Waterborne Traffic Marking Paint (100% Acrylic Emulsion) – white and yellow Up to 3 Up to 1

2 Single component Waterborne Traffic Marking Paint (DOW 5408 or approved equal) – white and yellow Up to 3 Up to 1

3 Semi-Durable Waterborne Traffic marking Paint Up to 3 Up to 1

4 High Build Waterborne Traffic Marking Paint Up to 3 Up to 1

5 Cold Weather Waterborne Traffic Marking Paint Up to 3 Up to 1

6 Additional Waterborne Traffic Marking Paint Colors ***Up to 3 ***Up to 1

*For highest scored, responsive, responsible bidder(s).

**For otherwise not awarded, highest scored responsive, responsible bidder who certifies and qualifies as a Washington Small Business and/or Certified Veteran-Owned Business.

***At Enterprise Services discretion, bidders awarded a Statewide Contract in Category 1, Category 2, Category 3, Category 4, or Category 5 may be considered for a Category 6 Contract Award.

This Competitive Solicitation is divided into six (6) sections:

Section 1 provides a summary table of relevant deadlines for responding to the Competitive Solicitation and identifies contact information for Enterprise Services’ Procurement Coordinator.

Section 2 provides important information about the procurement that is designed to help interested bidders evaluate the potential opportunity, including the purpose of the procurement and Statewide Contracts, the form of the resulting Statewide Contract, and potential contract sales.

Section 3 identifies how Enterprise Services will evaluate the bids.

Section 4 identifies how to prepare and submit a bid for this Competitive Solicitation, including detailed instructions regarding what to submit and how to submit your bid.

Section 5 details the applicable requirements to file a complaint, request a debrief conference, or file a protest regarding this Competitive Solicitation.

Section 6 provides information pertaining to doing business with the State of Washington.

In addition, this Competitive Solicitation includes the following Exhibits:

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 3

Exhibit A – Required Bidder Information: These exhibits identify information that bidders must provide to Enterprise Services to constitute a responsive bid. See Section 4, below.

o Exhibit A-1 – Bidder’s Certification o Exhibit A-2 – Bidder’s Profile

Exhibit B-1 – Technical and Environmental Specifications: This exhibit outlines the Competitive Solicitation’s technical and environmental requirements for the various contract categories of Traffic Marking Paint.

Exhibit B-2 – Performance Non-Cost Factors: This exhibit provides the non-cost factors that bidders will complete as part of their bid and that Enterprise Services will use to evaluate and compare bids.

Exhibit C – Bid Price: This exhibit provides the pricing information that bidders will complete as part of their bid and the price evaluation tool that Enterprise Services will use to evaluate and compare bids.

Exhibit D – Statewide Contract: This exhibit is a draft of the Statewide Contract that any successful bidder will execute with Enterprise Services.

Exhibit E – Bidder’s Diverse Business Inclusion Plan – Subcontractors: This exhibit outlines bidder’s diverse business inclusion plan IF bidder intends to utilize subcontractors if awarded a Contract. If so, bidder must complete and return with the bid to Enterprise Services.

Exhibit F – Bidder’s Certification for Statutory Preference for PCB-free Products & Products in Packaging. This exhibit details PCB-free products included with the Bidders bid to be evaluated for preference. Bidder must complete the certification and submit to Enterprise Services

SECTION 1 – DEADLINES, QUESTIONS, PROCUREMENT COORDINATOR, AND MODIFICATION

This section identifies important deadlines for this Competitive Solicitation, where to direct questions regarding the Competitive Solicitation, and the process for potential amendments or modifications to the Competitive Solicitation.

1.1. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

COMPETITIVE SOLICITATION DEADLINES

ITEM DATE

Competitive Solicitation Posting Date: January 16, 2024

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 4

COMPETITIVE SOLICITATION DEADLINES

ITEM DATE

Pre-Bid Conference:

January 23, 2024, at 11:35am (Pacific Time)

Virtual Pre-Bid Conference Attend via Microsoft Teams

Join on your computer, mobile app or room device:

Click here to join the meeting

Meeting ID: 269 996 330 874 Passcode: xqDR38

Telephone Pre-Bid Conference Attend via Conference Call

Dial-In Number:

+1 564-999-2000,410324611# United States, Olympia

(833) 322-1218,410324611# United States (Toll-free)

Phone Conference ID: 410 324 611#

Question & Answer

Period:

Deadline for Submitting Questions: February 6, 2024

Anticipated Deadline for Answers: February 9, 2024

Deadline for submitting Bids: February 20, 2024

Anticipated Announcement of Apparent Successful Bidders: March 18, 2024

Anticipated Award of Contracts: April 30, 2024

1.2. COMPETITIVE SOLICITATION QUESTIONS. Questions or concerns regarding this Competitive Solicitation must be directed to the following Procurement Coordinator:

Procurement Coordinator

Name: Jaime Bacon

Email: DESContractsTeamCedar@des.wa.gov

Questions raised at the pre-bid conference and during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS).

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWVlOGQxZWMtNmU0My00ZWE1LWEzYTQtOTRjZDllNjg2OWNl%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%22a426a540-3924-4500-9fe0-8fadbf202923%22%7d tel:+15649992000,,410324611#%20 tel:8333221218,,410324611#%20 mailto:DESContractsTeamCedar@des.wa.gov

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 5

1.3. COMPLAINTS, DEBRIEFS, & PROTESTS. The Competitive Solicitation (and award of any Contract) is subject to complaints, debriefs, and protests as explained in Section 5, which may impact the dates set forth above.

1.4. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. Enterprise Services reserves the right to amend and modify this Competitive Solicitation. Only bidders who have properly registered and downloaded the original Competitive Solicitation directly via the Washington Electronic Business Solution (WEBS) will receive notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Bidders must be registered in WEBS to be awarded a Contract. Visit WEBS to register.

SECTION 2 – INFORMATION ABOUT THE PROCUREMENT

This section describes the purpose of the Competitive Solicitation and provides information about this procurement, including the potential scope of the opportunity.

2.1. PURPOSE OF THE PROCUREMENT – AWARD STATEWIDE CONTRACTS. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award multiple Statewide Contracts, by contract category, for Traffic Marking Paint, as set forth above.

a. STATEWIDE CONTRACTS. Enterprise Services has statewide responsibility to develop specified enterprise procurement solutions including ‘statewide contracts’ for goods and services. A Statewide Contract is a contract for specific goods and/or services that is competitively solicited and established by Enterprise Services, on behalf of the State of Washington, for use by statutorily specified eligible purchasers (see below). Typically, such purchasers use our Contracts through a purchase order, work order, or similar document. The Contract is designed to function as a ‘procurement bridge’ between innovative vendors who have bid and won a competitive solicitation to supply goods/services and eligible purchasers who wish to purchase such goods/services pursuant to pre-determined, clear, consistent, easy to use, value-added Contracts. In short, the Contract will establish precisely what goods/services may be purchased, the relevant performance requirements for such goods/services as well as the vendor’s contractual performance, and the applicable price for such goods/services. Purchaser-specific purchase orders will specify, for example, the particular volume of goods/services, the Purchaser’s delivery location, etc.

b. CONTRACT USERS – ELIGIBLE PURCHASERS. Any resulting Contract from this Competitive Solicitation will be available for use by the following entities, each of whom is an eligible purchaser (“Purchasers”):

WASHINGTON STATE AGENCIES. All Washington State agencies, departments, offices, divisions, boards, and commissions.

WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any of the following specific institutions of higher education in Washington:

State universities – i.e., University of Washington & Washington

State University;

Regional universities – i.e., Central Washington University, Eastern

Washington University, & Western Washington University Evergreen State College;

Community colleges; and Technical colleges.

https://fortress.wa.gov/ga/webs

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 6

CONTRACT USAGE AGREEMENT PARTIES. Any resulting Contract also may be utilized by any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services:

Political subdivisions (e.g., counties, cities, school districts, public utility districts, ports) in the State of Washington;

Federal governmental agencies or entities;

Public-benefit nonprofit corporations (i.e., public benefit nonprofit corporations as defined in RCW 24.03A.245) who receive federal, state, or local funding; and

Federally recognized Indian Tribes located in the State of Washington.

Enterprise Services maintains a list of eligible Contract Usage Agreement parties on the CUA Listing website.

While Contract usage is optional for Purchasers other than Washington State agencies, these entities can increase Contract use significantly. All Purchasers are subject to the same contract terms, conditions, and pricing as Washington State agencies.

2.2. STATEWIDE CONTRACT. The form of the Statewide Contract that will be awarded as a result of this Competitive Solicitation is attached as Exhibit D – Contract.

2.3. CONTRACT TERM. As set forth in the attached Contract for this Competitive Solicitation, the initial phase of the Contract term is twenty-four (24) months; Provided, however, that the Contract shall extend for an additional thirty-six (36) months if the awarded contractor meets the performance requirements set forth in the Contract. Bidders are to specify prices for the first twelve (12) months of the Contract (and prices subsequently will be adjusted as set forth in the Contract). The Contract is subject to earlier termination.

2.4. ESTIMATED SALES. Historically, as indicated below, for a similar enterprise procurement solution, total annual contract sales averaged approximately $3.6 million dollars for Traffic Marking Paint among all eligible Purchasers. Total potential or estimated contract sales for this Competitive Solicitation are not known. As stated in this Competitive Solicitation, however, the resulting Contract will be available for use by all eligible Purchasers. Such Purchasers will decide whether the Contract meets their needs and whether they use the Contract. Although Enterprise Services does not represent or guarantee any minimum purchase from the Contract, prior purchases under a similar contract are set forth in the following chart:

Annual Contract Sales ($ U.S.) by Purchaser Type Purchaser 2018 2019 2020 2021 2022 2023 Grand Total

Agencies 3,056,443 3,702,675 1,806,657 716,469 3,873,333 2,613,233 15,768,810 Cities 135,217 154,093 117,280 2,607,923 292,905 149,165 3,456,583 Counties 196,072 262,172 178,756 166,226 426,853 583,943 1,814,022 Districts 85 105 143 189,905 190,238 Ports 53,742 53,000 11,124 76,450 71,445 45,856 311,617 Schools 1,188 2,543 2,581 1,500 813 8,625 Tribes 2,618 4,750 7,368 Federal 129,720 37,925 191,395 359,040

Grand Total 3,445,36

5 4,174,588 2,116,398 3,698,288 4,702,604 3,779,060 21,916,303 https://apps.des.wa.gov/DESContracts/Home/MCUAListing https://apps.des.wa.gov/DESContracts/Home/MCUAListing

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 7

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. Enterprise Services will apply the following Washington State procurement priorities and preferences to this Competitive Solicitation which, as set forth in Section 3.5, will impact the evaluation of bids for this Competitive Solicitation:

Executive Order 18-03: 50 points

Statutory Preference for PCB-Free Products & Products-In-Packaging: 2 points per line item but not to exceed 50 points.

SECTION 3 – BID EVALUATION

This section identifies how Enterprise Service will evaluate bids for this Competitive Solicitation.

3.1. OVERVIEW. Enterprise Services will evaluate bids for this Competitive Solicitation as described below.

Bidder responsiveness, performance requirements, price factors, and responsibility, will be evaluated based on the process described herein.

STEP ITEM

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

Bid Responsiveness

1 Bid Responsiveness Pass/Fail Pass/Fail Pass/Fail Pass/Fail Pass/Fail Pass/Fail

Bid Responsiveness:

Bidder’s Goods/Services Exhibit B-1 – Technical & Environmental Requirements

Pass/Fail Pass/Fail Pass/Fail Pass/Fail Pass/Fail Pass/Fail

Bid Evaluation

3A

Non-Cost Factors Exhibit B-2 – Performance non-cost Factors

300 300 300 300 300 N/A

3B Cost Factors Exhibit C – Bid Price

700 700 700 700 700 700

Subtotal: 1000 1000 1000 1000 1000 700

State Procurement Priorities

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 8

Any bidder whose bid is determined to be non-responsive will be rejected and will be notified of the reason(s) for this rejection.

Enterprise Services reserves the right to: (1) Request clarification regarding any bid;

(2) Waive any informality; (3) Reject any or all bids, or portions thereof; (4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or (6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

Enterprise Services will use the following process and evaluation criteria to determine eligibility for an award of a Contract:

3.2. BID RESPONSIVENESS (STEP 1). Enterprise Services will review bids – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that Enterprise Services will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. Enterprise Services reserves the right – in its sole discretion – to determine whether a bid is responsive – i.e., to determine a bidder’s compliance with the requirements specified in this Competitive Solicitation and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, 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. Responsive bids will be evaluated as set forth herein.

3.3. BID RESPONSIVENESS: PERFORMANCE REQUIREMENTS (STEP 2). Enterprise Services will review bids – on a pass/fail basis – to determine whether each bidder’s goods and/or services meet the specifications and/or performance requirements set forth in Exhibit B-1 – Performance Specifications and Exhibit B-1 – Technical & Environmental Requirements. Enterprise Services reserves the right to request additional information. A

STEP ITEM

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

CATEGORY

POSSIBLE

POINTS

4 Executive Order 18-03 50 50 50 50 50 N/A

PCB-Free Products Exhibit F

Total: 1100 1100 1100 1100 1100 750

Responsible Bidder

Bidder Responsibility Analysis

Pass/Fail

Contract Negotiations

6 Contract Negotiations

N/A N/A N/A N/A N/A N/A

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 9

bidder’s failure to provide requested information to Enterprise Services within ten (10) business days may result in disqualification.

3.4. BID EVALUATION: NON-COST FACTORS (STEP 3A). Enterprise Services will evaluate non-cost factors and award up to 300 points for Bidders’ written responses submitted as part of Exhibit B-2 – Performance Non-Cost Factors.

3.5. BID EVALUATION: BID PRICING (STEP 3B). Enterprise Services will evaluate bid pricing by reviewing and comparing the submitted bid prices as provided in Exhibit C – Bid Price.

Enterprise Services will evaluate bid prices for categories 1-5 – to identify the lowest bid– by comparing the submitted bid prices provided in Exhibit C – Bid Price as described hereafter.

It is imperative that bidders read all of the instructions found in Exhibit C – Bid Price and follow them precisely. The Bidder with the lowest total evaluation price will receive 700 points. Those bids with a higher evaluation price will receive a proportionately lesser number of evaluation points based upon the lowest Bid, using the following formula:

Lowest total bid evaluation cost divided by a higher total bid evaluation cost (bid that is being evaluated) multiplied by number of available points equals the cost factor evaluation points. Points will be rounded to two places to the right of the decimal point using standard rounding method.

Sample Calculation using Bidder A = $100,000 and Bidder B = $110,000 Bid calculation: $100,000(A) / $110,000(B) = 0.91 x 700 (max points available) = 636.30 cost points.

Bidder A is the lowest total bid evaluation cost, so Bidder A would be assigned the maximum available points (700 points). Bidder would be assigned 636.30 points based on the formula above.

Enterprise Services will evaluate bid prices for category 6 for any bidder awarded one of the required categories (Categories 1-5). Bid prices will be evaluated separately for each category of paint to identify the lowest bid – by comparing the submitted bid prices provided in Exhibit C – Bid Price as described hereafter. It is imperative that bidders read all of the instructions found in Exhibit C – Bid Price and follow them precisely. The Bidder with the lowest total evaluation price will receive 700 points. Those bids with a higher evaluation price will receive a proportionately lesser number of evaluation points based upon the lowest Bid, using the following formula:

Lowest total bid evaluation cost divided by a higher total bid evaluation cost (bid that is being evaluated) multiplied by number of available points equals the cost factor evaluation points. Points will be rounded to two places to the right of the decimal point using standard rounding method.

Sample Calculation using Bidder A = $100,000 and Bidder B = $110,000 Bid calculation: $100,000(A) / $110,000(B) = 0.91 x 700 (max points available) = 636.30 cost points.

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 10

Bidder A is the lowest total bid evaluation cost, so Bidder A would be assigned the maximum available points (700 points). Bidder would be assigned 636.30 points based on the formula above.

3.6. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 4). Enterprise Services will apply the following Washington State procurement priorities and preferences, as set forth below, to this Competitive Solicitation:

PROCUREMENT PREFERENCE FOR EXECUTIVE ORDER 18-03 (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), Enterprise Services will evaluate bids for best value and will provide a bid preference in the amount of 50 points to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, 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 waivers.

STATUTORY PREFERENCE FOR PCB-FREE PRODUCTS & PRODUCTS-IN-PACKAGING. Pursuant to RCW 39.26.280, Enterprise Services is providing a bid preference in the amount of (2) two points per product line item tested to any bidder that provides products or products-in-packaging that do not contain Polychlorinated Biphenyls (PCBs); Provided, however, that there will be a maximum preference of fifty points (50 points) across all items submitted for this preference. Accordingly, all bidders must certify whether they are seeking the Statutory Preference for PCB-Free Products & Products-In- Packaging for PCB-Free Products & Products-In-Packaging for traffic marking paint in this Competitive Solicitation. Bidders must make the certification on the certification form attached as Exhibit F – Statutory Preference for PCB-Free Products & Products-In-Packaging. Bidders who seek to obtain the (2) two points bid preference for PCB-Free Products & Products-In-Packaging must, in regard to the products and products-in-packaging pertaining to this procurement, certify either that (a) all of their products & products-in packaging; or (b) specific products & products-in-packaging are PCB-free. To be deemed to be ‘PCB-free,’ the applicable product(s) must be tested, within the previous 365 days, by an independent, third-party laboratory using Environmental Protection Agency Analytical Method 1668c, and have been found NOT to contain PCBs above the practical quantification limit. Such test for the applicable products must be attached to the certification. The cost for conducting any such testing is at the bidder’s expense.

3.7. BIDDER RESPONSIBILITY ANALYSIS (STEP 5). For responsive bids, Enterprise Services must determine whether the bidder is a ‘responsible bidder.’ Accordingly, Enterprise Services will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, Enterprise Services will consider the following statutory elements:

Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

Bidder’s ability to perform the contract within the time specified;

Bidder’s performance quality pertaining to previous contracts or services;

Bidder’s compliance with laws relating to the contract or services;

https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717 https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717

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Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State 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

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

See RCW 39.26.160(2)(a)-(g). In addition, Enterprise Services may consider the following:

Financial Information: Enterprise Services may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

References: Enterprise Services reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

3.8. CONTRACT NEGOTIATIONS (STEP 6). Enterprise Services may negotiate with the highest scored responsive, responsible bidder(s) (Top Bidder) to finalize the Contract and to determine if the bid may be improved. If, after a reasonable period of time, Enterprise Services, in its sole judgement, cannot reach agreement on acceptable Contract terms with the Top Bidder, Enterprise Services may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

3.9. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDERS. Enterprise Services will determine the Apparent Successful Bidders (“ASBs”). The ASBs will be the responsive and responsible bidders who best meet the Competitive Solicitation requirements and presents the best total value, including price, as calculated consistent with the instructions set forth in Exhibit C – Bid Price, and other factors as set forth in this Competitive Solicitation including any applicable state procurement priority or preference.

ASB designation does not imply that Enterprise Services will issue a Contract award. Rather, this designation allows Enterprise Services to perform further analysis and ask for additional documentation. Bidders must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

Upon ASB announcement, bidders may request a debrief conference as specified in Section 5.

3.10. CONTRACT AWARDS. Subject to protests, if any, Enterprise Services and the ASBs will enter into Contracts as set forth in Exhibit D – Contract. An award is made and a contract formed by signature of Enterprise Services and awarded bidder on the Contract. Following Contract awards, all bidders registered in WEBS will receive a Notice of Award delivered to the bidder’s email address provided in the bidder’s profile in WEBS.

3.11. BID INFORMATION AVAILABILITY. Upon Enterprise Services’ announcement of ASBs, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2). Upon Enterprise Services’ announcement of ASBs, Enterprise Services will post all bid

COMPETITIVE SOLICITATION NO. 23423 – WATERBORNE TRAFFIC MARKING PAINT PAGE 12

evaluations to Enterprise Services’ website. In addition, Enterprise Services intends to post all winning bid submissions to its contract portal webpage after Contract awards.

3.12. ADDITIONAL AWARDS. Enterprise Services reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible bidders who provided a bid but who were not awarded a Contract. Such awards would be on the same or substantially similar terms and conditions and would be designed to address an awarded Contractor vacancy (e.g., an awarded contractor is terminated or goes out of business), respond to Purchaser needs, or be in the best interest of the State of Washington.

SECTION 4 – HOW TO PREPARE AND SUBMIT A BID FOR THIS COMPETITIVE SOLICITATION

This section identifies how to prepare and submit your bid to Enterprise Services for this Competitive Solicitation. In addition, bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that bidders must provide to Enterprise Services to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, bidders acknowledge having read and understood the entire Competitive Solicitation and accept all information contained within this Competitive Solicitation.

4.1. PRE-BID CONFERENCE. Enterprise Services will host a Competitive Solicitation pre-bid conference at the time set forth in Section 1.1 of this Competitive Solicitation. Attendance is not mandatory. Bidders, however, are encouraged to attend and participate. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have. If changes to the Competitive Solicitation are required as a result of the pre-bid conference, the Procurement Coordinator will post an amendment to this Competitive Solicitation to WEBS. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

4.2. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator specified in Section 1.2 of this Competitive Solicitation. Bidders should rely only on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding.

Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow Enterprise Services to consider and, if warranted, respond to the inquiry. If a bidder does not notify Enterprise Services of an issue, exception, addition, or omission, Enterprise Services may consider the matter waived by the bidder for protest purposes.

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

Unauthorized contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in bidder disqualification.

4.3. PRICING. Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this Competitive Solicitation. See Exhibit C – Bid Price. A bidder’s failure to identify all costs in

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a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

Credit Cards (P-Cards): In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be the same regardless of whether Purchasers make payment by cash, credit card, or electronic payment. Bidder shall bear, in full, any processing or surcharge fees associated with the use of credit cards or electronic payment.

Vendor Management Fee: The resulting Contract from this Competitive Solicitation will include a Vendor Management Fee as specified in the Contract attached as Exhibit D – Contract.

4.4. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to Enterprise Services to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected.

Bidders may not provide unsolicited materials. For any supplemental materials expressly required by Enterprise Services in writing, bidders must identify such supplemental materials with the bidder’s name.

EXHIBIT A-1 – BIDDER’S CERTIFICATION

This document is the Bidder’s Certification.

Complete the certification, along with any exceptions or required explanations, and submit it with the bid to Enterprise Services.

Note: the Certification must be complete. Where there are choices, bidder must check a box. The certification must be signed and submitted by a duly authorized representative for the bidder.

EXHIBIT A-2 – BIDDER’S PROFILE

This document is required bidder information for Enterprise Services’ contract administration purposes.

Complete as instructed and submit it with the bid to Enterprise Services.

EXHIBIT B-2 – PERFORMANCE NON-COST FACTORS

Bidder will need to complete non-cost factor questions set forth in Exhibit B-2 – Performance Non-Cost Factors and submit it with the bid to Enterprise Services.

EXHIBIT C – BID PRICE

Bidder will need to complete the price worksheet tool as instructed in Exhibit C – Bid Price and submit it with the bid to Enterprise Services.

EXHIBIT E – BIDDER’S DIVERSE BUSINESS INCLUSION PLAN – SUBCONTRACTORS

This document is a required bid submittal IF bidder intends to utilize subcontractors if awarded a Contract. If so, bidder must complete Exhibit E – Bidder’s Diverse Business Inclusion Plan – Subcontractors as instructed therein and submit it with the bid to Enterprise Services.

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EXHIBIT F – BIDDER’S CERTIFICATION FOR STATUTORY PREFERENCE FOR PCB-FREE PRODUCTS & PRODUCTS

IN PACKAGING

This document is a required submittal. Bidder must complete the certification and submit to Enterprise Services

4.5. BID FORMAT. Bids must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by Enterprise Services, documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or electronic signature.

4.6. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to DESContractsTeamCeadar@des.wa.gov.

Enterprise Services’ email only can accept emails (including attachments) that total less than 30MB in size.

Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted.

SECTION 5 – COMPLAINT, DEBRIEF, & PROTEST REQUIREMENTS

This section details the applicable requirements for complaints, debriefs, and protests.

5.1. COMPLAINTS. This Competitive Solicitation offers a complaint period for bidders wishing to voice objections to this Competitive Solicitation. The complaint period ends five (5) business days before the bid due date.

The complaint period is an opportunity to voice objections, raise concerns, or suggest changes that were not addressed during the Question & Answer Period or, if applicable, at the Pre-Bid Conference. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. Enterprise Services will consider all complaints, but is not required to adopt a complaint, in part or in full. If bidder complaints result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

a. CRITERIA FOR COMPLAINT. A complaint may be based only on one or more of the following grounds:

(a) The Competitive Solicitation unnecessarily restricts competition; (b) The Competitive Solicitation evaluation or scoring process is unfair or flawed; or (c) The Competitive Solicitation requirements are inadequate or insufficient to prepare a response.

b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than five (5) business days prior to the deadline for bid submittal; and (b) Be in writing (see Form and Substance, and Other below). A complaint should clearly articulate the basis of the complaint and include a proposed remedy.

c. RESPONSE. When a complaint is received, the Procurement Coordinator (or designee) will consider all the facts available and respond in writing prior to the deadline for bid submittals, unless more time is needed. Enterprise Services is required to promptly post the response to a complaint on WEBS.

d. RESPONSE IS FINAL. The Procurement Coordinator’s response to the complaint is final and not subject to administrative appeal. Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator prior to bid submittal may be deemed to be waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a bidder and Enterprise Services, through its Procurement Coordinator, to meet and discuss the bidder’s bid (and, as further explained below, is a necessary prerequisite to filing a protest). Following bid evaluation, Enterprise Services will issue an ASB mailto:DESContractsTeamCeadar@des.wa.gov

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announcement. The ASB announcement may be made by any means, but Enterprise Services likely will use email to the bidder’s email address provided in the Bidder’s Profile. Bidders will have three (3) business days to request a Debrief Conference, if desired. If a Debrief Conference is timely requested, Enterprise Services will offer the requesting bidder one meeting opportunity and notify the bidder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, Enterprise Services likely will schedule the Debrief Conference shortly after the ASB announcement and the bidder’s request for a Debrief Conference. Enterprise Services will not allow the debrief process to delay the Contract award. Accordingly, bidders should plan for contingencies and alternate representatives. Bidders who wish to protest must first participate in a Debrief Conference. Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. A Debrief Conference is a required prerequisite for a bidder to file a protest.

a. TIMING. A Debrief Conference may be requested by a bidder following the Apparent Successful Bidder (ASB) announcement.

b. PURPOSE OF DEBRIEF CONFERENCE. Any bidder who has submitted a timely bid may request a Debrief Conference (see also Section 5.4, below). A Debrief Conference provides an opportunity for the bidder to meet with Enterprise Services to discuss bidder’s bid and evaluation. It does not provide an opportunity to discuss other bids and evaluations.

c. REQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after ASB announcement. Debrief conferences may be conducted either in person at the Enterprise Services offices in Olympia, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as MS Teams), as determined by Enterprise Services, and may be limited by Enterprise Services to a specified period of time. A bidder’s failure to request a Debrief Conference within the specified time and attend the Debrief Conference constitutes a waiver of the right to submit a protest. Any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator before or during the Debrief Conference may be deemed waived for protest purposes.

5.3. PROTESTS. Following a Debrief Conference, a bidder may protest the award of a Contract.

a. CRITERIA FOR A PROTEST. A protest may be based only on one or more of the following: (a) Bias, discrimination, or conflict of interest on the part of an evaluator; (b) Error in computing evaluation scores; or (c) Non-compliance with any procedures described in the Competitive Solicitation.

b. INITIATING A PROTEST. Any bidder may protest an award to the ASB. A protest must: (a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting bidder’s Debrief Conference (see also Section 5.4, below); (b) Be in writing; (c) Include a specific and complete statement of facts forming the basis of the protest; and (d) Include a description of the relief or corrective action requested.

c. PROTEST RESPONSE. After reviewing the protest and available facts, Enterprise Services’ Protest Officer will issue a written response within ten (10) business days from receipt of the protest, unless additional time is needed.

d. DECISION IS FINAL. The protest decision is final and not subject to administrative appeal. If the protesting bidder does not accept Enterprise Services’ protest response, the bidder may seek relief in Thurston County Superior Court.

5.4. COMMUNICATION DURING COMPLAINTS, DEBRIEFS, AND PROTESTS. With the exception of protests, all communications about this Competitive Solicitation, including complaints and debriefs, must be addressed

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to the Procurement Coordinator unless otherwise directed. Protests must be addressed to the Protest Officer.

a. FORM, SUBSTANCE, & OTHER. All complaints, debrief conference requests, and protests must:

i. Be in writing;

ii. Be signed by the complaining, requesting, or protesting bidder or an authorized agent;

iii. Be delivered within the time frame(s) outlined herein;

iv. Identify the Competitive Solicitation number;

v. Conspicuously state “Complaint,” “Debrief,” or “Protest” in any subject line of any correspondence or email; and

vi. Be sent to the address identified below.

b. COMPLAINTS & PROTESTS. All complaints and protests must (a) State all facts and arguments on which the complaining or protesting bidder is relying as the basis for its action; and (b) Include any relevant documentation or other supporting evidence.

5.5. HOW TO CONTACT ENTERPRISE SERVICES.

a. TO SUBMIT A COMPLAINT. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Complaint” in the subject line of the email message. Alternatively, mail the complaint to the Procurement Coordinator listed in this Competitive Solicitation at the following address:

Attn: Procurement Coordinator – Complaint Contracts & Procurement Division Washington State Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411

b. TO REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Debrief” in the subject line of the email message.

c. TO SUBMIT A PROTEST. Send an email message to the Protest Officer at the following email address:

DESDLProcurementProtest@des.wa.gov. The email message must include “Protest” in the subject line of the email message. Alternatively, mail the protest to the Protest Officer at the following address:

Attn: Protest Officer Contracts & Procurement Division Washington State Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411 mailto:DESDLProcurementProtest@des.wa.gov

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SECTION 6 – DOING BUSINESS WITH THE STATE OF WASHINGTON

This section provides additional information regarding Washington’s Public Records Act and doing business with the State of Washington, including Enterprise Services’ efforts to enable Washington’s small, diverse, and veteran-owned businesses to compete for and participate in state procurements for goods/services.

6.1. WASHINGTON’S PUBLIC RECORDS ACT – PUBLIC RECORDS DISCLOSURE REQUESTS.

All documents (written and electronic) submitted to Enterprise Services as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See RCW 42.56, Public Records Act. Enterprise Services strongly discourages bidders from unnecessarily submitting sensitive information (e.g., information that you might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

If, in bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

In addition, if, in bidder’s judgment, certain portions of bidder’s bid are not statutorily exempt from disclosure but are sensitive because these particular portions of bidder’s bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that bidder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of bidder’s bid that include such sensitive information.

In the event that Enterprise Services receives a public records disclosure request pertaining to information that bidder has submitted and marked either as (a) statutorily exempt from disclosure;

or (b) sensitive, Enterprise Services, prior to disclosure, will do the following:

Enterprise Services’ Public Records Officer will review any records marked by bidder as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, Enterprise Services will redact or withhold the document(s) as appropriate.

For documents marked ‘sensitive’ or for documents where Enterprise Services either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, Enterprise Services will notify the bidder, at the address provided in the bid submittal, of the…