28723 AMD1 ComSol REV10222024.docx

AMD 1 COMPETITIVE SOLICITATION – NO. 28723

FOR

Elevator Full Service Maintenance, Testing, & Repair Services

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 multiple Statewide Contracts for Washington state agencies and eligible purchasers to purchase elevator full service maintenance, preventative, testing, document and logging service visits, conduct repair services, and other service components (hereafter “Elevator Services”).

Washington state agencies and other eligible Purchasers, as part of their operational requirements, need to purchase Elevator Services. Accordingly, Enterprise Services intends to use this Competitive Solicitation to solicit and evaluate competitive bids, as set forth herein, to award Contracts for Elevator Services by specified region, as set forth below, to provide eligible Purchasers with an efficient and cost-effective procurement solution to purchase Elevator Services from qualified, innovative, professional contractors.

As further described in this Competitive Solicitation, Elevator Services include:

· Full Service Maintenance (Monthly, Quarterly, and Annually)

· Logging Service Visits and maintain Purchaser’s Maintenance Control Plan (MCP) Documentation

· Equipment Testing and Audit Services

· Repair Services including repairs required by L&I

· Elevator Standby Services

· Elevator Emergency Services

· Inventory, Replacement Parts, Repair Parts, and Obsolete Parts,

· Provide timely and exceptional Customer service including accurate and detailed invoicing, and communication

Note: Elevator Services, as solicited in this Competitive Solicitation and as awarded in any resulting Contract, does NOT include:

· Public Work Projects which, under Washington law, are procured under RCW 39.04[footnoteRef:2]; or [2:

· Elevator Modernization upgrades; or

· Elevator Overhauls; or

· Elevator Improvement to existing systems; or

· New Elevator System Installations

Enterprise Services intends to award Contracts for each of the following six (6) regions.

Region Map

· Olympic Region: Clallam, Jefferson, Kitsap, Mason, and Grays Harbor counties.

· Northwest Region: Whatcom, San Juan, Island, Skagit, Snohomish, King, and Pierce counties.

· Southwest Region: Thurston, Pacific, Lewis, Wahkiakum, Cowlitz, Skamania, and Clark counties.

· South Central Region: Yakima, Franklin, Benton, Garfield, Columbia, Asotin, Walla Walla, and Klickitat counties.

· North Central Region: Okanogan, Chelan, Douglas, Grant, and Kittitas counties.

· Eastern Region: Ferry, Pend Oreille, Stevens, Lincoln, Spokane, Adams, and Whitman counties.

As set forth in the Contract Award Summary Table provided below, Enterprise Services intends to make two types of Contract awards, as follows:

· Main Awards for Contracts. Main Awards are open to all bidders and made, by specified geographic region, to the highest scored, responsive, responsible bidders. Enterprise Services intends to make up to five (5) Main Awards for each specified geographic region.

· Reserved Awards for Contracts. Reserved Awards are best value procurement awards. 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 up to three (3) Reserved Awards, for each specified geographic area, to the otherwise not awarded (i.e., bidder did not receive a Main Award), highest scored, responsive, responsible bidder who certifies pursuant to Exhibit A1 – Bidder’s Certification as either a Washington Small Businesses or Washington Certified Veteran-Owned Business in each specified geographic region.

ELEVATOR SERVICES

MAIN CONTRACT AWARDS

UP TO

RESERVED AWARDS

UP TO

Bidders may bid on any or all specified geographic regions.

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 Contracts, the form of the resulting 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:

· 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.

· Exhibit A1 – Bidder’s Certification

· Exhibit A2 – Bidder’s Profile

· Exhibit B – Performance Requirements: This exhibit outlines the Competitive Solicitation’s required specifications/qualifications for the good(s) and/or service(s).

· Exhibit B1 – Scope of Services

· Exhibit B2 –Non Cost Performance Requirements Scored

· 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 – Contract: This exhibit is a draft of the 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.

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

(Pacific Time) Virtual Pre-Bid Conference Attend via Microsoft Teams Weblink: Join the meeting now

Meeting ID: 277 094 931 831 Password: stDnax Dial in by phone +1 564-999-2000,,437140394#United States, Olympia

(833) 322-1218,,437140394# United States (Toll-free) Find a local number Phone conference ID: 437 140 394#

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

Procurement Coordinator

Written questions to the Procurement Coordinator during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS). Note: If bidders have questions and/or concerns regarding the Contract terms and conditions (see Exhibit D – Contract). Bidders must raise such questions and/or concerns before the above-stated Deadline for Submitting Questions (see Section 2.1).

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 A CONTRACT. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and award, as set forth above, Contracts for Elevator Services.

a. CONTRACTS. Enterprise Services has statewide responsibility to develop specified enterprise procurement solutions including ‘contracts’ for goods and services. A Contract (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. Any of the following specific institutions of higher education (colleges) 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.

· 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 also 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. CONTRACT. The form of the 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 Exhibit D - Contract for this Competitive Solicitation, the contract term is up to seventy-two (72) months. For Full Service Maintenance Rates, Bidders are to specify prices for the first twelve (12) months of the contract term (such prices then will be adjusted as set forth in the Contract). For Labor (Prevailing Wage) Rates and Part rates, Bidders are to specify the percentages for the contract term (such percentages will remain the same as set forth in the Contract). The Contract is subject to earlier termination.

2.4. ESTIMATED SALES. Historically, for prior contracts, annual total sales were approximately $2.5 million for Elevator Services 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:

Contract No. 01219 Sales by Purchaser for 2020-2023

Contract No. 01219 Total Annual Spend Year 2020 – 2023

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 EO 18-03: 60 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.

· 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:

Bid Responsiveness

Bid Evaluation

Exhibit B2– Performance Requirements Scored

Exhibit C – Bid Price

State Procurement Priorities

Responsible Bidder

Contract Negotiations

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. PERFORMANCE REQUIREMENTS EVALUATION (STEP 2). Enterprise Services will evaluate performance requirements as set forth in Exhibit B2 – Performance Requirements. There are 700 points available for non-cost factors. Enterprise Services will review and assign points based on the Bidder’s responses. Enterprise Services reserves the right to request additional information before selecting the Apparent Successful Bidders. A bidder’s failure to provide requested information to Enterprise Services within five (5) business days may result in disqualification.

3.4. BID PRICING EVALUATION (STEP 3). Enterprise Services will evaluate bid prices – to identify the lowest evaluation total – by reviewing and comparing the submitted bid prices provided in Exhibit C – Bid Price. It is imperative that bidders read all of the instructions found in Exhibit C – Bid Price, and follow them precisely.

a. COST FACTORS. Due to the complex price metrics for elevator services, Enterprise Services will evaluate the Prevailing Wage Rate and Full Service Monthly Rate, per County within that Region. All the rates for each County within the chosen Region will be combined together to get the final score for that specific Region. The Bidder with the lowest bid amount will receive the maximum points available per specific Region. Other bidders will receive points for each Region based on the following formulas, rounded to two places to the right of the decimal point using standard rounding:

There is a maximum total of 500 points available for each region for the Bid Price Evaluation. The points are broken out by the following methodology:

PW Points available for Region = 250 points and Full Service Monthly Rate Points available per Region = 250 points.

Prevailing Wage Labor Rates: A total of 250 points are available for the Cost Evaluation for Elevator Services. Bidders must bid on Elevator Technician Mechanic "Hourly Straight Time” & Elevator Technician Mechanic Overtime, and Elevator Technician Mechanic In Charge “Hourly Straight Time” & Elevator Technician Mechanic In Charge Overtime “Hourly Overtime Time 6pm to 6am”, categories in order to be responsive for a Region.

The bid percentages for Elevator Technician Mechanic and Elevator Technician Mechanic in Charge in each Region will be combined together to determine a bidder’s bid price percentage. The lowest bid price percentage in each Region will receive 250 points. Other bidders in the same Region that are not the lowest bid percentage will have their score determined with the following formula:

Prevailing Wage Labor Rate:

(Lowest Region Rate /Bidder’s Region Rate) X PW points available = Bidder’s Points for PW Labor Rates per Region

Full Service Monthly Rates: A total of 250 points are available for the Cost Evaluation for Elevator Services. Bidders must bid on Full Service Elevator Equipment types for all Counties in a Region in order to be responsive for a Region.

The bid percentages for full service monthly maintenance rate, “Rate” maximum not-to-exceed amount will be combined together to determine a bidder’s bid Rate percentage. The lowest bid Rate percentage for each Region will receive 250 points. Other bidders in the same Region that are not the lowest bid percentage will have their score determined with the following formula:

Full Service Monthly Rate:

(Lowest Full Service Rate for Region/Bidder’s Full Service Rate for Region) X Full Service Monthly Rate Points available = Bidder’s Points for Rate per Region

Bid B calculation for PW Labor Rate: 100% (A) / 110% (B) = 0.91 x 250 (max points available) = 227.50 Bidder’s Points for Region.

Bid B calculation for Full Service Monthly Rate: $1,500.00(A) / $1,900.00(B) = 0.79 x 250 (max points available) = 197.50 Bidder’s Points for Region.

Bid B final score for the chosen Region= 227.50 (PW Labor Rate) + 197.50 (Full Service Monthly Rate) = 407 Bidder’s final score.

Bidder A is the lowest total bid evaluation cost, so Bidder A would be assigned 250 points for Region for PW Labor Rate and 250 points for Full Service Monthly for Rate.

Bidder B would be assigned 227.50 points for PW Labor rate, 197.50 points for Full Monthly Service Rate based on the formula above.

Finally, those assigned points for PW Labor Rate and Full Service Monthly Rate per each Region will be added together to determine the bidder's Final Total Bid Rate for the Region.

Bidder A would be assigned 500 points total, and Bidder B would be assigned 425 points.

3.5. 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 60 points to any bidder who certifies, pursuant to Exhibit A1 – 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.

3.6. 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;

· 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.

3.7. CONTRACT NEGOTIATIONS (STEP 6). Enterprise Services will not negotiate terms on resulting contracts. Any issues with contact terms must be submitted during the Questions & Answer period for consideration. This approach enhances fairness for all bidders and provides eligible Purchasers with confidence that the resulting Contracts are substantively equivalent. Accordingly, issues or concerns with Exhibit D – Contract must be raised during the Question & Answer Period (set forth in Section 1.1 of this Competitive Solicitation) for consideration. Bidders are encouraged to review Exhibit D – Contract to identify objections or concerns during the Question & Answer Period. If, after a reasonable period of time, Enterprise Services, in its sole judgement, cannot reach agreement on acceptable Contract terms with the Top Bidder(s), Enterprise Services may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

3.8. 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 announcement of ASBs, bidders may request a debrief conference as specified in Section 5.

3.9. CONTRACT AWARDS. Subject to protests, if any, Enterprise Services and the ASBs will enter into a Contract 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.

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

3.11. 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 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.

· AMD1 EXHIBIT A1 – 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 A2 – BIDDER’S PROFILE

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

Complete Exhibit A2 - Bidder’s Profile as instructed and submit it with the bid to Enterprise Services.

· AMD1 EXHIBIT B2–PERFORMANCE REQUIREMENTS SCORED:

Bidder will need to confirm that bidder’s goods and/or services and/or bidder’s performance meets or exceeds the detailed specifications/qualifications set forth in B2 Performance Requirements Scored 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.

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 mailto: DESContractsTeamCedar@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. Enterprise Services will send an acknowledgement of bid receipt. Acknowledgement of bid receipt is not a determination on the bid’s responsiveness. If Bidder does not receive an acknowledgement within a reasonable time, it is the responsibility of the Bidder to contact Enterprise Services for acknowledgement of bid receipt.

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 announcement. The ASBs announcements 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 ASBs announcements 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 announcement of ASBs.

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 ASBs announcements. 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 an 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 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

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 public records disclosure request and identify the date that Enterprise Services intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining Enterprise Services from such disclosure. In the event bidder fails to timely file a motion for a court order enjoining such disclosure, Enterprise Services will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by bidder of any claim that such materials are exempt or protected from disclosure.

6.2. SMALL & DIVERSE BUSINESSES. Enterprise Services, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See, e.g., RCW 39.19 (OMWBE certified businesses); RCW 43.60A.200 (WDVA Certified Veteran-Owned Businesses); and RCW 39.26.005 (Washington Small Businesses). In support of the state’s economic goals and to support a diverse supplier pool, Enterprise Services has established the following voluntary numerical goals for Enterprise Services’ Competitive Solicitations:

· Ten percent (10%) Minority-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Six percent (6%) Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Five percent (5%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA); and

· Twenty-five percent (25%) Washington Small Businesses, five percent (5%) of which are microbusinesses or minibusinesses as defined in RCW 39.26.010(16) and (17).

Achievement of these goals is encouraged whether directly or through subcontractors.

· OMWBE CERTIFICATION. Bidders may contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and Women-Owned certified firms, state and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at OMWBE. OMWBE-Certified firms may provide their certification information to Enterprise Serviced through Exhibit A2 – Bidder’s Profile.

· WDVA CERTIFICATION. Bidders may contact the Washington State Department of Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned Businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. The qualification requirements to be a Certified Veteran-Owned Business are set forth in Exhibit A1 – Bidder’s Certification.

· WASHINGTON SMALL BUSINESSES. Bidders may contact Enterprise Services about small and diverse business inclusion and qualification as a Washington Small Business. If bidder qualifies as a Washington Small Business, identify bidder as such in WEBS. Call WEBS Customer Service at 360-902-7400. The qualification requirements to self-certify as a Washington Small Business are set forth in Exhibit A1 – Bidder’s Certification.

6.3. WEBS REGISTRATION. Individuals and firms interested in state contracting opportunities with Enterprise Services or any Washington state agency should…