29223_CompetitiveSolicitation_AMD1_2.7.25.docx

COMPETITIVE SOLICITATION – NO. 29223

FOR

FLOORING & INSTALLATION SERVICES

AMD 1

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 contracts (“Contracts”), by specified Contract Category and by specified Geographic Region, for Washington state agencies and other eligible purchasers to purchase certain specified comprehensive flooring solutions (including carpet and/or hard surface flooring) and associated installation services (“Flooring and Installation Services”).

Washington state agencies and other eligible purchasers need to purchase flooring and installation services as part of their operational requirements. Enterprise Services intends to use this Competitive Solicitation to solicit and evaluate competitive bids, to award Contracts, as set forth below, to bidders who can provide cost-effective and efficient procurement for Washington state agencies and other eligible purchasers.

Flooring and installation services include:

· Floor covering product consultation with Purchaser;

· Floor covering space measurement of Purchaser’s project and product ordering;

· Removal of existing floor covering and recycling or proper disposal of the same as required;

· Preparation and installation of the new floor covering, including project site cleanup and removal of dust, dirt, and debris from the new floor covering;

· Delivery and storage of all floor covering products;

· Any minor site repairs or routine work needed for such installation, including but not limited to: minor crack or joint repair, surface preparation, and routine levelling;

· Floor covering product and installation warranty service.

Note: Installation Services, as solicited in this Competitive Solicitation and as awarded in any resulting contract do NOT include:

· Public Work Projects which, under Washington law, are procured under RCW 39.04.

As set forth below in the Contract Award Summary Table, Enterprise Services intends to award Contracts by specified contract category, for specified geographic regions, and by Contract award type.

Enterprise Services intends to award Contracts, by specified contract category, for each of the following categories:

· Category 1 – Carpet

· Modular Carpet (Carpet Tiles)

· Rolled Loop Carpet

· Rolled Cut Pile Carpet

· Rolled Cut and Loop Carpet

· Carpet Cushion (Padding) (Not Evaluated)

· Carpet Adhesives (Not Evaluated)

· Category 2 – Hard Surface Flooring

· Homogenous Sheet Vinyl

· Heterogeneous Sheet Vinyl

· Sheet Linoleum

· Solid Vinyl Tile/Luxury Vinyl Tile

· Rubber Flooring

· Flooring Adhesives (Not Evaluated)

· Wood Flooring (Not Evaluated)

Bidders may bid on either or both specified contract categories.

In addition, for each of the specified contract categories, Enterprise Services intends to award Contracts, by specified geographic region, for each of the following six (6) geographic regions:

· Olympic Region is comprised of the following counties: Clallam, Jefferson, Kitsap, Mason, and Grays Harbor.

· Northwest Region is comprised of the following counties: Whatcom, San Juan, Island, Skagit, Snohomish, King, and Pierce.

· Southwest Region is comprised of the following counties: Thurston, Pacific, Lewis, Wahkiakum, Cowlitz, Skamania, and Clark.

· South Central Region is comprised of the following counties: Yakima, Franklin, Benton, Garfield, Columbia, Asotin, Walla Walla, and Klickitat.

· North Central Region is comprised of the following counties: Okanogan, Chelan, Douglas, Grant, and Kittitas.

· Eastern Region is comprised of the following counties: Ferry, Pend Oreille, Stevens, Lincoln, Spokane, Adams, and Whitman.

Bidders may bid on any or all specified geographic regions.

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 two (2) 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 one (1) Reserved Awards, for each specified geographic area, to the otherwise not awarded (i.e., bidder did not receive a Standard Award), highest scored, responsive, responsible bidder who certifies pursuant to Exhibit A-1 – Bidder’s Certification as either a Washington Small Businesses or Washington Certified Veteran-Owned Business in each category.

CONTRACT AWARD SUMMARY TABLE

CARPET

CATEGORY B

HARD SURFACE FLOORING

MAIN AWARDS

UP TO

RESERVED AWARDS

UP TO

MAIN AWARDS

UP TO

RESERVED AWARDS

UP TO

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 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:

BID

SUBMITTAL

Exhibit A – Bidder’s Certification Identifies required information that Bidder must provide and states required Bidder certifications.

Required

Exhibit B – Scored Non-Cost Factors Identifies scored performance requirements for Bidder’s Goods/Services and/or Bidder’s performance capability that exceed the minimum required specifications set forth in Exhibit D – Contract and provides Bidders an opportunity to compete to demonstrate additional value that will be evaluated and scored.

Bidder must complete Exhibit B – Scored Non-Cost Factors, as specified therein, and submit it as part of Bidder’s bid.

Note: Awarded Bidders who receive evaluation points for any included Non-Cost Scored Performance Specifications will be required to include such additional performance specifications for Bidder’s Goods/Services and/or Bidder’s Performance in the awarded Contract.

Yes Required

Exhibit C – Bid Price Provides the template and bid pricing information that Bidders must use to provide bid pricing.

Required

Exhibit D – Contract Provides the Contract form that awarded Bidders will execute with Enterprise Services.

Bidder must review Exhibit D – Contract and timely submit to the Procurement Coordinator, in writing, any issues pertaining to the Contract terms and conditions during the Question & Answer Period.

Note: Bids that are subject to Contract modifications that Enterprise Services has not agreed to and that Enterprise Services has not included in an amended/revised Exhibit D – Contract, posted to WEBS, will be rejected as nonresponsive.

No

Exhibit E – Bidder’s Diverse Business Inclusion Plan – Subcontractors Provides Bidders who, if awarded a Contract, intend to utilize subcontractors to perform the Contract, an opportunity to identify Bidder’s intended subcontractors.

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 Weblink: Attend via Microsoft Teams Meeting ID: 255 996 916 59 Passcode: 67zZ26P

1.2. 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.

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

Procurement Coordinator

The Procurement Coordinator will answer Bidder questions in writing posted to Washington’s Electronic Business Solution (WEBS). Bidders are encouraged to submit questions regarding the Competitive Solicitation as early in the process as possible to allow the Procurement Coordinator to consider and respond. 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 1.1). Enterprise Services does not intend to negotiate substantive contract terms and conditions pertaining to the resulting Contracts at Contract award.

1.4. 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.

1.5. 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 STATEWIDE CONTRACT. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award a Contract for Flooring products and installation services.

a. STATEWIDE CONTRACTS. Enterprise Services has statewide responsibility to develop specified enterprise procurement solutions including ‘statewide contracts’ for goods and services. A Statewide 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 (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.

· 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. 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 Contract for this Competitive Solicitation, the initial phase of the Contract term is up to sixty (60) months. 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, for prior contracts, annual total sales were approximately $1,800,000 for the goods/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:

CIT

CUS

DIS

LIB

$4,200.00

OTH

$2,271.00

POR

$22,933.00

SCH

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: 5% per product line item tested

· Statutory Preference for Products Containing Recycled Material: 10% discount per line item for evaluation purposes only

Section 3 – Bid Evaluation

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

3.1. OVERVIEW. Enterprise Services will review and evaluate bids for this Competitive Solicitation as follows:

· BID REVIEW: Enterprise Services will review bids to determine bid responsiveness as stated in Section 4.2, below.

· BID EVALUATION: Enterprise Services will evaluate responsive bids as stated in Sections 4.3 – 4.5, below.

· PROCUREMENT AUTHORITY DISCRETION. Enterprise Services reserves the right to:

· Request Bidder clarification regarding any bid;

· Waive any informality;

· Reject any or all bids, or portions thereof;

· Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or

· Negotiate with the lowest responsive and responsible Bidder(s) to determine whether such bids can be improved.

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

See Section 4.2, below

Review Bidder’s Required Bid Submittals to determine whether Bidder’s bid is responsive to the Competitive Solicitation Pass/Fail

Exhibit D – Contract Review whether Bidder’s Goods/Services and/or Bidder’s performance capability meets the mandatory minimum performance specifications for the Competitive Solicitation Pass/Fail

See Section 4.3, below

Exhibit B – Scored Non-Cost Scored Factors Evaluate and score Bidder’s response to stated non-cost factors including, as applicable, Bidder’s Goods/Services and/or Bidder’s performance capability that exceeds mandatory minimum performance specifications for the Competitive Solicitation

Exhibit C – Bid Price Evaluate and score Bidder’s cost factors

See Section 4.4, below

See Section 4.5, below

Bidder Responsibility Analysis Review and determine Bidder responsibility Pass/Fail

See Section 4.6, below

See Section 4.7, below

See Section 4.8, below

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 EVALUATION – SCORED FACTORS. Enterprise Services will evaluate and score responsive bids as specified below and as set forth in the referenced exhibits. Note: It is imperative that Bidder’s Required Bid Submittals comply with the instructions set forth in the exhibits.

· NON-COST FACTORS (STEP 2A). Enterprise Services will evaluate and score the specified non-cost factors stated in Exhibit B – Scored Non-Cost Factors by evaluating and scoring Bidder’s response – i.e., Bidder’s Goods/Services and/or Bidder’s performance capability that exceeds the stated minimum required performance specifications. Note: Enterprise Services reserves the right to request additional Bidder information or perform tests and measurements before selecting Apparent Successful Bidder(s). If Bidder fails to provide such requested information to Enterprise Services within three (3) business days, Bidder may be disqualified.

The objective of the service evaluation is to identify qualified companies with relevant industry experience. As specified in Exhibit B, meeting the minimum acceptable standard for performance requirements will not result in any awarded points. Points are awarded only for responses that exceed the minimum expectations by providing added value. The evaluation team will assess and determine the degree of added value based on the quality of the Bidder’s submission.

· COST FACTORS – BID PRICING (STEP 2B). Enterprise Services will evaluate and score Bidder’s cost factors, as provided by Bidder in Bidder’s Exhibit C – Bid Price, as follows:

Enterprise Services will evaluate bid prices for categories 1 and 2 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.

i. Cost Evaluation Scoring:

1. Materials Price: Maximum of 200 points.

2. Installed Price: Maximum of 600 points.

3. Total: Maximum of 800 points.

ii. Evaluation Process:

1. The bidder with the lowest total evaluation price for materials will receive 200 points.

2. The bidder with the lowest total evaluation price for installed price will receive 600 points.

3. Those bids with higher evaluation prices will receive proportionately fewer evaluation points based on the lowest bid, using the following formula:

Lowest material price / Higher materials price (bid being evaluated) x 200 points = materials price evaluation Lowest installed price / Higher installed price (bid being evaluated) x 600 points = installed price evaluation Materials price evaluation + installed price evaluation = Cost Factor Evaluation Points will be rounded to two places to the right of the decimal point using the standard rounding method.

Higher Materials Price (bid being evaluated)

Higher Installed Price (bid being evaluated)

Points will be rounded to two places to the right of the decimal point using the standard rounding method.

3.4. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 3). 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 fifty (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 five percent (5%) per product line item tested to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that Bidder’s products or products-in-packaging do not contain Polychlorinated Biphenyls (PCBs)[; Provided, however, that there will be a maximum preference of five percent (5%) across all items submitted for this preference].

· STATUTORY PREFERENCE FOR PRODUCTS CONTAINING RECYCLED MATERIAL. Pursuant to RCW 39.26.255, a preference of 10% per product line item will be applied to any bidder that provides recycled-content products as designated by the Environmental Protection Agency’s (EPA) Comprehensive Procurement Guideline (CPG) Program (Comprehensive Procurement Guideline (CPG) Program | US EPA) The preference shall only be applied when the recycled content percentage bid exceeds one of the recommended content level percentages or the minimum product specifications, as designated by the EPA’s CPG.

The preference will be applied at time of bid evaluation. When evaluating the bid price of qualifying bidders, a 10% price reduction will be applied to those bidders’ items that qualify for the recycled content preference for price evaluation purposes. This preference is separate from and applied after any other preferences allowed by statue. In the event of a tie, the bidder with the larger post-consumer recovered content will break the tie and receive the award.

Accordingly, all bidders must certify whether they are seeking the statutory preference for products containing recycled content material in this Competitive Solicitation. Bidders must make the certification on the certification form attached as Exhibit B (Environmental Certifications). Bidders who seek to obtain the 10% bid preference for products containing recycled material must, in regard to the products pertaining to this procurement, certify that the products specified in Exhibit C (Cost Worksheet) exceed the recommended recovered materials percentages for the relevant product as designated by the EPA’s CPG standard (as it existed on July 1, 2001).

3.5. BIDDER RESPONSIBILITY ANALYSIS (STEP 4). 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.

3.6. CONTRACT NEGOTIATIONS (STEP 6). Enterprise Services does not intend to negotiate substantive contract terms and conditions pertaining to the resulting Contracts at Contract award. Rather, Enterprise Services intends to provide all awarded Bidders with substantively equivalent Contracts absent unique considerations. This approach enhances fairness for all Bidders and provides eligible Purchasers with confidence that the resulting Contracts are substantively equivalent. Accordingly, any Bidder issues or concerns with Exhibit D – Contract must be submitted during the Question & Answer Period (see Section 1.1, above) for consideration and response. Bidders are encouraged to review Exhibit D – Contract to identify objections or concerns during the Question & Answer Period. 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.

3.7. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. Enterprise Services will determine the Apparent Successful Bidder (“ASB”). The ASB will be the responsive and responsible bidder(s) who best meet(s) 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 ASB (s), bidders may request a debrief conference as specified in Section 5.

3.8. CONTRACT AWARD. Subject to protests, if any, Enterprise Services and the ASB 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 the Contract award, 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.

3.9. BID INFORMATION AVAILABILITY. Upon Enterprise Services’ announcement of ASB, 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 ASB, 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.

3.10. 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. 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.

4.2. 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.

4.3. 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 B1 – SPECIFICATIONS

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 Exhibit B1– Specifications and submit it with the bid to Enterprise Services.

· EXHIBIT B2 – PERFORMANCE REQUIREMENTS

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 Exhibit B2 – Performance Requirements 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.

4.4. 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.

4.5. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to 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 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 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…