7037_IFB_Ruby South HFR_Solicitation.pdf

GOOD NEIGHBOR AUTHORITY, FEDERAL LANDS SECTION

INVITATION FOR BID (IFB) #7037

Mechanical Fuels Reduction Contract

Colville National Forest

TREATMENT ACRES: 157

ROAD DECOMMISSIONING FEET: 3,332

Refer to the Maps and Unit Information section (Section II) in the included Draft Contact (Exhibit B) for detail on units needing treatment.

BID DELIVERY:

The Bidder shall prepare one complete bid packet for submission according to the Contents and Submittal Instructions (Section 3 of this IFB). In short, a complete packet includes fully filled out forms available in Exhibit A. Section 3.2 provides a checklist describing the parts needed for a complete bid.

The completed bid packet may be delivered using the following methods:

Via an attachment to an email to the Bid Coordinator in the form of a scanned copy of original documentation submitted as a PDF or similar electronic document consistent with Section 3.1.

Via mail to the address listed in Section 3.1 in its own envelope addressed to Bid Coordinator.

Confirmation of receipt of bid packets for both delivery methods is the responsibility of the Bidder.

BID DUE DATE: Bids will be accepted until 11:59PM (PST), on Monday, August 11, 2025.

BID COORDINATOR:

Thomas Thrasher, Federal Lands Restoration Specialist, Northeast District 509-640-8752 thomas.thrasher@dnr.wa.gov

Questions pertaining to this Invitation to Bid can be answered by contacting the Bid Coordinator.

DNR IFB: 7037

WA State Department of Natural Resources Page 2 of 39

INVITATION FOR BID (IFB)

Updated 3-1-2024

Individuals who wish to request special accommodations for the bid submission process or bid opening (e.g., sign language, interpreters, Braille, etc.) should contact the Bid Coordinator.

Special Remarks

This is a Good Neighbor Authority Project occurring on Colville National Forest Lands, being administered by the Washington Department of Natural Resources.

Contract Term: from the date of execution to Monday, November 2nd, 2026.

Work anticipated to start in August 2025, if soil and weather conditions permit.

A pre-bid conference will be held online on Microsoft Teams on Thursday, July 17, 2025 from 10:00 am to 11:00 am Pacific Standard Time.

Contractor is responsible for reviewing the draft contract and observing ground conditions prior to submitting a bid.

Units are located approximately 20 miles northwest of Cusick, WA in Pend Oreille County and are accessible by drivable roads; there are two gates prohibiting entry into units and one gate for Ruby Quarry. Units 2-4 must remain closed after entry. Leave gate to Ruby Quarry as found.

Contact Bid Coordinator for access information.

Work includes: approximately 157 acres of machine piling of slash materials created as a result of timber harvest operations, and 3,332 feet of non-system road decommissioning to reduce soil compaction and restore hydrologic function on the landscape. 221 feet of road to be decommissioned requires rock (approximately 240 cubic yards) and fabric removal. Rock must be transported to Ruby Quarry (as shown on Driving Map).

Slopes range from 0 to 40%, with short pitches of steeper slopes in some areas.

Work will not be permitted from December 1st to May 31 unless written approval is granted by Compliance Forester.

Work is not permitted on State Holidays without written approval from Compliance Forester.

Project activities are prohibited during Memorial Day, Fourth of July weekend and Labor Day weekend. The Fourth of July weekend includes, at a minimum, July 3rd through July 5th.

Hospitals: It is the contractor’s responsibility to identify appropriate hospitals for any emergency care required. The following is a courtesy list and should be verified by any potential contractor.

HOSPITAL NAME ADDRESS PHONE LATITUDE LONGITUDE

Providence Mount Carmel Hospital

982 E Columbia Ave, Colville, WA 99114

509-685-5100 48°32.46'N 117°53.51'W

Newport Hospital and Health Services

714 Pine Street, Newport, WA 99156

509-447-2441 48°10.93'N 117°2.94'W

MultiCare Deaconess 8202 N Division St, 509-473-3333 47°43.95'N 117°24.57'W

WA State Department of Natural Resources Page 3 of 39

North Emergency Center Spokane, WA 99208 Providence Sacred Heart Medical Center

101 W 8th Ave Spokane, WA 99204

509-474-3131 47°38.93'N 117°24.77'W

TABLE OF CONTENTS

1. INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

1.2 SCOPE

1.3 MINIMUM QUALIFICATIONS

1.4 PERIOD OF PERFORMANCE

1.5 ADDITIONAL SERVICES

1.6 BID COORDINATOR

1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

2. GENERAL INFORMATION

2.1 DEFINITIONS

2.2 CONTRACTING RESTRICTIONS

2.3 PRE-PROPOSAL CONFERENCE

2.4 NOTIFICATION TO BIDDERS

2.5 COMPLAINT, DEBRIEF AND PROTEST PROCEDURES

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.7 REVISIONS TO THE SOLICITATION

2.8 SMALL AND DIVERSE BUSINESS PARTICIPATION

2.9 AMERICANS WITH DISABILITIES ACT (ADA)

2.10 ACCEPTANCE PERIOD

2.11 MOST FAVORABLE TERMS

2.12 CONTRACT AND GENERAL TERMS & CONDITIONS

2.13 COST TO PROPOSE

2.14 NO OBLIGATION TO CONTRACT

2.15 REJECTION OF BIDS

2.16 COMMITMENT OF FUNDS

2.17 DOING BUSINESS WITH THE STATE

2.18 REGISTATION WITH THE ‘WEBS’ SYSTEM

2.19 INSURANCE COVERAGE

3. CONTENTS AND SUBMITTAL INSTRUCTIONS

3.1 SUBMISSION OF BIDS

3.2 BIDDER CHECKLIST

3.3 SPECIFICATIONS

3.4 QUALIFICATIONS

3.5 FUNDING

3.6 COST PROPOSAL

4. EVALUATION AND AWARD

4.1 RESPONSIVENESS (PASS / FAIL)

4.2 RESPONSIBLE BIDDER CRITERIA

4.3 BIDDER’S CERTIFICATION FORM (PASS/FAIL)

4.4 WAGE LAW COMPLIANCE (PASS/FAIL)

4.5 PREFERENCE – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS (SCORED)

4.6 PREFERENCE – SMALL & VETERAN BUSINESSES (SCORED)

WA State Department of Natural Resources Page 4 of 39

4.7 EVALUATION WEIGHTING AND SCORING

5. SOLICITATION EXHIBITS

EXHIBIT A.1 – BIDDER’S CERTIFICATION AND ASSURANCES FORM

EXHIBIT A.2 – BID SPECIFICATION FORM

EXHIBIT A.3 – AD-1048 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION

EXHIBIT A.4 – COST PROPOSAL

EXHIBIT B – DRAFT CONTRACT

WA State Department of Natural Resources Page 5 of 39

1. INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

The Washington State Department of Natural Resources, hereafter called “Agency/DNR”, is initiating this Solicitation for silvicultural land management services on Federally managed lands. Specific information on work requirements and locations can be found in the included Draft Contract (Exhibit B). Bidders are advised to examine the treatment units prior to submitting a bid.

Work to be performed and/or services delivered in the county of: Pend Oreille

1.2 SCOPE

The scope of this project includes Hazardous Fuels Reduction work (machine piling) and non-system road decommissioning in the Newport-Sullivan Lake Ranger District, on the Colville National Forest.

1.3 MINIMUM QUALIFICATIONS

A. Bidders must be licensed to do business in the State of Washington, or provide a commitment that it will become licensed to do business in Washington State prior to services rendered (if applicable):

All in-state vendors must be licensed in Washington State; for more information contact Washington Department of Licensing.

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

B. Bidders must meet the required specifications as outlined in Exhibit A.2 – Bid Specifications Form.

Bidders who do not meet the minimum qualifications and/or the required specifications and qualifications as outlined in Exhibit A.2 – Bid Specifications Form, will be rejected as non-responsive and will not receive further consideration. Any bid rejected as non-responsive will not be evaluated or scored.

1.4 PERIOD OF PERFORMANCE

The term of the contract resulting from this solicitation shall be from the contract execution date through Monday, November 2, 2026, as defined in Exhibit B (Draft Contract), Section I-A, WA State Department of Natural Resources Page 6 of 39

General Provision A-31. The Agency requires completion of all work prior to the termination of the period of performance.

1.5 ADDITIONAL SERVICES

DNR reserves the right to add additional services within the scope of this solicitation, and within twenty-four (24) months of the original product order date. If additional services are required, they shall be documented in amendments to the applicable contract document(s). There is no guarantee to the Contractor additional services will be ordered.

1.6 BID COORDINATOR

The Bid Coordinator is the sole point of contact in the Agency for this procurement. All communication with the Agency regarding this solicitation shall be with the Bid Coordinator, as follows:

BID COORDINATOR

NAME: Thomas Thrasher

E-MAIL ADDRESS: thomas.thrasher@dnr.wa.gov

PHONE NUMBER: 509-640-8752

Any other communication will be considered unofficial and non-binding on the DNR. Vendors are to rely on written statements issued by the Bid Coordinator. Communication directed to parties other than the Bid Coordinator may result in disqualification of the Vendor.

All oral and written communications will be considered unofficial and non-binding on DNR.

Vendors should rely only on written amendments issued by the Bid Coordinator. Vendors are encouraged to make any inquiry as early in the process as possible to allow DNR to consider and respond; however, no response is required from the Bid Coordinator. If a Vendor does not notify DNR of an issue, exception, addition, or omission, DNR may consider the matter waived by the Vendor for protest purposes. If Vendor inquiries result in changes to the solicitation, written amendments will be issued and posted on WEBS.

WA State Department of Natural Resources Page 7 of 39

1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

SCHEDULE OF PROCUREMENT ACTIVITIES

ISSUE SOLICITATION

DATE SOLICITATION IS POSTED IN WEBS

June 27, 2025

PRE-PROPOSAL CONFERENCE

DATE SCHEDULED FOR PRE-PROPOSAL CONFERENCE IF APPLICABLE

July 17, 2025

PRE-PROPOSAL QUESTIONS DUE FROM BIDDERS

DEADLINE FOR VENDORS TO ASK QUESTIONS OF THE SOLICITATION

COORDINATOR RELATED TO THIS SOLICITATION

July 24, 2025

PRE-PROPOSAL ANSWERS DUE BY DNR

DATE THAT DNR WILL POST IN WEBS THE OFFICIAL ANSWERS TO

QUESTIONS RECEIVED FROM VENDORS

July 29, 2025

COMPLAINTS DUE

DEADLINE FOR SUBMITTING UNRESOLVED ISSUES ABOUT THE PROCESS August 4, 2025

BIDS DUE AND EVALUATED

BIDS ARE GENERALLY EVALUATED IMMEDIATELY FOLLOWING THE

CONCLUSION OF THE BID ACCEPTANCE PERIOD

August 11, 2025

ANNOUNCE APPARENT SUCCESSFUL BIDDER

AWARD DATE August 18, 2025

HOLD DEBRIEFINGS

DATE DEBRIEFING CONFERENCES TO BE HELD – IF REQUESTED August 21, 2025

BEGIN CONTRACT WORK

DATE DNR EXPECTS THE WORK TO BEGIN August 27, 2025

THE AGENCY RESERVES THE RIGHT TO REVISE THE ABOVE SCHEDULE.

If the Solicitation results in only one (1) Bidder and that Bidder is found responsive and responsible, the Agency reserves the right to accelerate the procurement schedule above.

WA State Department of Natural Resources Page 8 of 39

2. GENERAL INFORMATION

2.1 DEFINITIONS

Definitions for the purposes of this solicitation include:

AGENCY – Any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of institutions.

AGENT – Personnel authorized to act on behalf of the Agency for matters contained within.

APPARENT SUCCESSFUL BIDDER – Bidder whose bid provides the best value in meeting Agency needs and is selected to contract with DNR for the proposed solution, subject to completion of contract negations and execution of contract.

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

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

BIDDER – An individual or entity who submits a bid in response to a solicitation issued for goods and/or services by the Agency.

BUSINESS DAYS – Monday through Friday, 8AM to 5PM, Pacific Standard Time, or, Pacific Daylight Time, Olympia, Washington, USA.

CALENDAR DAY – Midnight to midnight, any day of the week.

CONTRACT – An agreement between DNR and Contractor that includes terms and conditions, the solicitation, the bid, all appendices, and exhibits, associated Statements of Work (e.g. Services Contract or Purchase Order), and all amendments awarded pursuant to this solicitation.

CONTRACTOR – An individual or entity whose bid has been accepted and is awarded a contract with the Agency, and who is solely responsible to provide a good or perform a service.

DNR – Washington State Department of Natural Resources, an Agency of the State of Washington, and any division, section, office, unit or other entity of, or any of the officers or other officials lawfully representing the department.

WA State Department of Natural Resources Page 9 of 39

GOODS – Products, materials, supplies, or equipment provided by a Contractor.

MINORITY-OWNED BUSINESS – limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a minority-owned business (MBE).

See, RCW 39.19.120 and WAC 326-20.

PURCHASE – The acquisition of goods or services, including the leasing or renting of goods.

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

SOLICITATION – A documented formal process providing an equal and open opportunity to Bidders and culminating in a selection based on predetermined criteria.

VENDOR – Individual, firm, organization, company or other entity offering products and/or services.

VETERAN-OWNED BUSINESS – Limited to firms certified by the Washington State Department of Veterans Affairs (WDVA) as a Certified Veteran-Owned Business. See, RCW 43.60A.010(7) & RCW 43.60A.190

WASHINGTON SMALL BUSINESS – An in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that certify location, size and WEBS certification.

See RCW 39.26.010

WEBS – Washington’s Electronic Business Solution System.

WOMAN-OWNED BUSINESS – Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a woman-owned business (WBE).

See, RCW 39.19.120 and WAC 326-20

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

WA State Department of Natural Resources Page 10 of 39

INVITATION FOR BID (IFB)

Updated 3-1-2024

2.2 CONTRACTING RESTRICTIONS

Specific restrictions apply to contracting with current or former state employees pursuant to Chapter 42.52 of the Revised Code of Washington. Bidders should familiarize themselves with the requirements prior to submitting a bid that includes current or former state employees.

2.3 PRE-PROPOSAL CONFERENCE

☒ A virtual pre-proposal conference is scheduled to be held on July 17, 2025, from 10:00 am to 11:00 am, Pacific Standard Time. The link to the pre-proposal conference room is:

https://teams.microsoft.com/l/meetup-join/19% 3ameeting_OTA1NTNkYTgtYzc1Yy00MzRkLWIzMDMtMTkxODgzMTYzMWQw% 40thread.v2/0?context=%7b%22Tid%22%3a% 2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a% 22f582869f-658d-4536-b315-910cf6d1c554%22%7d All prospective Bidders should attend; however, attendance is not mandatory. Bidders should verify they are able to enter the virtual meeting room prior to the designated meeting time.

Agency will be bound only to Agency’s written answers to questions. Questions arising at the pre-proposal conference or in subsequent communication with the Bid Coordinator will be documented and answered in written form. A copy of the questions and answers will be provided to all Vendors via posting to WEBS on the date indicated in Section 1.7 Schedule of Procurement Activities.

2.4 NOTIFICATION TO BIDDERS

The Agency will notify the Apparent Successful Bidder of their selection in writing upon completion of the evaluation process. Individuals or firms whose bids were not selected for further negotiation or award will be notified separately with WEBS. To complete the process, the Apparent Successful Bidder will be identified in WEBS.

2.5 COMPLAINT, DEBRIEF AND PROTEST PROCEDURES

COMPLAINT PROCESS – PRIOR TO BID DUE DATE:

The purpose of a complaint process is to settle unresolved issues or concerns that either were not or could not be resolved during the question and answer period.

WA State Department of Natural Resources Page 11 of 39

Any Bidder may submit a complaint regarding this solicitation based upon the following:

The solicitation unnecessarily restricts competition;

The evaluation/scoring process is unfair or flawed; or

The requirements are inadequate or insufficient so that a response/bid is difficult to prepare.

Complaints not based on procedural matters will not be considered. Complaints will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) Agency’s assessment of its own and/or other agencies needs or requirements.

If no complaint is filed, a Bidder cannot later file a protest based on one of the above complaint criteria.

Any complaint to the solicitation must be in writing and submitted to the Bid Coordinator no less than five (5) business days prior to the date when the bid is due, and shall clearly articulate the basis for the complaint and include a proposed remedy.

Responses to complaints will be articulated in writing, including any resulting changes to the solicitation, and will be posted on WEBS, and the Agency head will be notified.

The Agency’s decision is final; no further administrative appeal is available.

DEBRIEFING OF UNSUCCESSFUL BIDDERS:

Any Bidder who has submitted a bid and been notified that they were not selected for contract award may request a debriefing. The request for a debriefing conference must be received by the Bid Coordinator within three (3) business days after the Unsuccessful Bidder notification is e-mailed to the Bidder. The debriefing must be held within three (3) business days of the request.

Discussion at the debriefing conference will be limited to the following:

Evaluation and scoring of the Bidder’s bid;

Critique of the bid based on the evaluation; and

Review of Bidder’s final score in comparison with other final scores without identifying the other firms.

Comparisons between bids or evaluations of the other bids will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

PROTEST PROCEDURE:

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This procedure is available to Bidders who submitted a response to this solicitation and who have participated in a debriefing conference. Upon completing the debriefing conference, the Bidder is allowed five (5) business days to file a protest of the acquisition with the Bid Coordinator. Protests must be submitted in writing via e-mail and signed by the protesting party or an authorized Agent.

The protest must state the grounds for the protest with specific and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included.

Bidders protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders under this procurement.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

A matter of bias, discrimination or conflict of interest on the part of the evaluator;

Errors in computing the score;

Non-compliance with procedures described in the solicitation document, or applicable state or federal laws or regulations.

Upon receipt of a protest, a protest review will be held by the Agency. All available facts will be considered and a decision will be issued by the Commissioner of Public Lands or his/her delegate within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Bidder who submitted a bid, such Bidder will be given an opportunity to submit its views and any relevant information on the protest to the Bid Coordinator.

The final determination of the protest shall:

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

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

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

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

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

WA State Department of Natural Resources Page 13 of 39

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

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

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

Any information in the bid, quotation and/or proposal that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Bidder is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right hand corner of the page. Marking the entire bid, quotation and/or proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Bidder has marked as “Proprietary Information,” the Agency will notify the Bidder of the request and of the date that the records will be released to the requester unless the Bidder obtains a court order enjoining that disclosure. If the Bidder fails to obtain the court order enjoining disclosure, the Agency will release the requested information on the date specified. If a Bidder obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, the Agency shall maintain the confidentiality of the Bidder information per the court order.

Pursuant to RCW 42.56.120, DNR uses the default fee schedule. However, records may be viewed in person for no fee. All requests for copies of identifiable records should be directed to the public disclosure office: publicdisclosure@dnr.wa.gov. Requests for information about this solicitation should be directed to the Solicitation Coordinator.

2.7 REVISIONS TO THE SOLICITATION

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The Agency reserves the right to cancel or reissue all or part of this solicitation at any time as allowed by law without obligations or liability.

In the event that it becomes necessary to revise any part of this solicitation, an amendment will be posted in WEBS (Washington’s Electronic Business Solutions). Questions & Answers and any other pertinent information shall be provided as an amendment to the solicitation and will be posted in WEBS.

2.8 SMALL AND DIVERSE BUSINESS PARTICIPATION

DNR strongly encourages the participation of minority and women-owned businesses, Veteran owned businesses and small businesses, as prime Contractors or Subcontractors.

If you are a small business that needs assistance responding to this solicitation, help is available.

Please visit OMWBE Small Business Assistance at https://omwbe.wa.gov/small-business-assistance to see the services offered. The Washington Procurement Technical Assistance Center (PTAC) is also available with no cost, confidential technical assistance for small businesses doing business with state government.

Minority and Women-Owned Businesses In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation or on a Subcontractor basis. Bidders may go to https://omwbe.wa.gov/directory-certified-businesses to obtain information on certified firms.

No preference will be included in the evaluation of bids for the participation of minority and women-owned businesses. See section 4.6 Preference – Small & Veteran Businesses for information on preference points for small and veteran owned businesses.

2.9 AMERICANS WITH DISABILITIES ACT (ADA)

The Agency complies with the Americans with Disabilities Act (ADA). Vendors may contact the Bid Coordinator listed above for additional assistance.

2.10 ACCEPTANCE PERIOD

Bids must provide 180 calendar days for acceptance by Agency from the due date for receipt of bids.

WA State Department of Natural Resources Page 15 of 39

2.11 MOST FAVORABLE TERMS

The Agency reserves the right to make an award without further discussion of the bid submitted.

Therefore, the bid should be submitted initially on the most favorable terms that the Bidder can propose. There will be no best and final offer procedure. The Agency does reserve the right to contact a Bidder for clarification of its bid.

The Apparent Successful Bidder should be prepared to accept this solicitation for incorporation into a contract resulting from this solicitation.

2.12 CONTRACT AND GENERAL TERMS & CONDITIONS

The awarded Apparent Successful Bidder is entering into a services contract with the Washington state Department of Natural Resources including but not limited to the terms and conditions outlined within the solicitation, bid, all appendices, all exhibits, associated Statements of Work, Purchase Orders, and all amendments awarded.

In addition to the terms and conditions of this solicitation, all Bidders should review the General Provisions I.A of the draft contract (Exhibit B) prior to submitting a bid.

All exceptions to the contract terms and conditions must be submitted as an attachment to EXHIBIT A.1 – Bidder’s Certification and Assurances Form.

The Agency will review requested exceptions and accept or reject the requests at its sole discretion.

2.13 COST TO PROPOSE

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

2.14 NO OBLIGATION TO CONTRACT

This solicitation does not obligate the State of Washington or the Agency to contract for services specified herein.

2.15 REJECTION OF BIDS

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

2.16 COMMITMENT OF FUNDS

The Commissioner of Public Lands or his/her delegate is the only individual who may legally commit the Agency to the expenditures of funds for a contract resulting from this solicitation. No cost chargeable to the proposed contract may be incurred before notice and acceptance of award.

2.17 DOING BUSINESS WITH THE STATE

The Agency requires all awarded bidders to be registered with the Washington Office of Financial Management (OFM). Addition information can be found on The Department of Enterprise Services Website https://des.wa.gov/sell/how-work-state

2.18 REGISTATION WITH THE ‘WEBS’ SYSTEM

All bidders should be registered with the Department of Enterprise Services “Washington Electronic Business Solution” (WEBS) system. Failure to register on WEBS may result in a disqualified bid.

Please follow this link for more information on how to register https://fortress.wa.gov/ga/webs/

2.19 INSURANCE COVERAGE

Before using any of said rights granted herein and its own expense, Contractor shall purchase and maintain the insurance described within Section 1.A of the included Draft Contract (Exhibit B) for the entire duration of this Agreement. Failure to purchase and maintain the required insurance may result in the termination of the Agreement at DNR’s option.

All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self-insurance programs afforded to, or maintained by, the State of Washington, Department of Natural Resources.

Upon notification of being chosen as the Apparent Successful Bidder, the Contractor shall provide DNR with certificates of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified before using any of said rights granted herein. The description section of the certificate shall contain the contract number and the name of the DNR Contract Manager. Contractor shall also provide renewal certificates as appropriate during the term of this Agreement.

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Contractor shall include all Agents as insured under all required insurance policies or shall provide separate certificates of insurance for each Agent. Failure of Contractor to have its Agents comply with the insurance requirements contained herein does not limit Contractor’s liability or responsibility.

3. CONTENTS AND SUBMITTAL INSTRUCTIONS

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

3.1 SUBMISSION OF BIDS

The bid must be received by the Bid Coordinator by the due date indicated within Section 1.7 Schedule of Procurement Activities of this solicitation, or any amendments.

All forms and documents submitted must have a signature of an individual within the organization authorized to bind the Bidder to the offer.

Bidders should allow sufficient time to ensure timely receipt of the bid by the Bid Coordinator.

Late bids will not be accepted and will be automatically disqualified from further consideration, unless the Agency’s e-mail is found to be at fault. All bids and any accompanying documentation become the property of the Agency and will not be returned.

Confirmation of receipt of bid packets for both delivery methods is the responsibility of the Bidder.

ELECTRONIC SUBMISSION

Bids may be submitted electronically as an attachment to an e-mail to the Bid Coordinator, at the e-mail address listed in Section 1.6 (Bid Coordinator). The Agency does not assume responsibility for problems with Bidder’s e-mail. If the Agency’s e-mail is not working, appropriate allowances will be made. The Bid Coordinator may request original documentation be submitted at any time.

Attachments to e-mail shall be in Microsoft Word format or PDF. Maximum file size for an e-mail attachment is 30MB. Zipped files cannot be received by the Agency and cannot be used for submission of bids, quotations and/or proposals.

MAILED IN SUBMISSION

For bids submitted using physical mail, each bid envelope should be prepared in the following manner:

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Mailing address:

Washington State Department of Natural Resources Thomas Thrasher Federal Lands Restoration Specialist, NE District 225 S Silke Road, Colville, WA 99114

Upper left corner: Bidder’s Name Bidder's Address

Lower left corner: Ruby South Hazardous Fuels Reduction Invitation to Bid #7037

Bidders choosing to mail proposals should allow normal mail delivery time to ensure timely receipt of their proposals by the Bid Coordinator. Bidders assume the risk for the method of delivery chosen. The DNR assumes no responsibility for delays caused by any delivery service. Any direct hand deliveries of Bid Documents should be sealed and prepared as described above and delivered to the applicable DNR Region Office during regular business hours (Monday through Friday 8:00am-5:00pm).

3.2 BIDDER CHECKLIST

Submit the following applicable documents to the Bid Coordinator by the due date indicated within the Schedule of Procurement Activities of this solicitation, or any amendments, to the schedule.

Failure to comply may result in rejection of the bid as non-responsive. The Agency reserves the right at its sole discretion to waive minor administrative irregularities.

3.3 SPECIFICATIONS

Exhibit A.2 – Bid Specifications Form must be completed and returned to the Bid Coordinator in order for DNR to determine the lowest responsive and responsible Bidder.

BIDDER CHECKLIST

EXHIBIT A.1 – BIDDER’S CERTIFICATION AND ASSURANCES FORM

EXHIBIT A.2 – BID SPECIFICATION FORM

EXHIBIT A.3 – AD-1048 FEDERAL DEBARMENT FORM

EXHIBIT A.4 – COST PROPOSAL

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3.4 QUALIFICATIONS

Exhibit A.2 – Bid Specifications Form, must be completed and returned to the Bid Coordinator in order for DNR to determine the lowest responsive and responsible Bidder.

3.5 FUNDING

Purchase of services resulting from this Solicitation are funded by Federal and State dollars.

Terms and conditions for funding source are included in Section I-C of the include Draft Contract (Exhibit B).

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

3.6 COST PROPOSAL

The Bidder’s cost proposal will be included as part of Exhibit A.4 which will be part of their completed bid packet in order to be considered responsive to this solicitation. The cost proposal shall include fully weighted costs for services rendered as requested within.

IDENTIFICATION OF COSTS

All costs shall be in U.S. dollars including expenses to be charged to accomplish the tasks and to produce the deliverables under this contract. Bidders are required to collect and pay Washington state sales and use taxes, as applicable.

COMPUTATION OF COSTS

The score for the cost proposal will be computed by dividing the lowest cost bid received by the Bidders total cost. Then the resultant number will be multiplied by the maximum possible points and rounded to the nearest whole number for the cost section.

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4. EVALUATION AND AWARD

The evaluation process is designed to award this procurement not necessarily to the Bidder of least cost, but rather to the Bidder whose bid best meets the requirements of this solicitation. However, Bidders are encouraged to submit bids that are consistent with state government efforts to conserve state resources.

The Agency will award the contract to the lowest responsive and responsible Bidder that meets the specifications as determined by the Agency. The Agency will post awarded bids and bid award documents for each competitive procurement for public review.

The Agency may reject the bid of any firm who has failed to perform satisfactorily on a previous contract with the state.

Responsive bids will be evaluated strictly in accordance with the requirements stated in this solicitation and any amendments issued. The evaluation of bids shall be accomplished by an evaluation team, to be designated by the Agency, which will determine the ranking of the bids, quotations and/or proposals.

The Agency reserves the right to select and enter into contract(s) with the Bidder whose bid is deemed to be in the best interest of the Agency and the State of Washington.

If this procurement is estimated to be less than $150,000. The Agency intends to award the contract to the lowest responsive and responsible bid from a small business (as defined in RCW 39.26.010(22)(a) or veteran-owned business, (as defined in RCW 43.60A.190) unless none of these businesses are responsible and responsive to this solicitation, or federally funded (Section 3.5). The Agency will verify small and veteran owned business status through WEBS certification and if applicable bidder must provide certification documentation to the Washington Department of Veterans’ Affairs WDVA and be certified by WDVA and listed as such on WDVA’s website

It is the intent of the Agency to enter into a contract for the completion of silvicultural services as described herein.

4.1 RESPONSIVENESS (PASS / FAIL)

All bids will be reviewed by the Bid Coordinator to determine compliance with administrative requirements and instructions specified in this solicitation. The Bidder is specifically notified that failure to comply with any part of the solicitation may result in rejection of the bid as non-responsive.

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The Agency reserves the right at its sole discretion to waive minor administrative irregularities.

4.2 RESPONSIBLE BIDDER CRITERIA

Exhibit A.2 – Bid Specifications Form must be completed in order for DNR to determine the lowest responsive and responsible Bidder.

In determining whether the Bidder is a responsible Bidder, the Agency must consider the following elements (RCW 39.26.160(2)):

a. The ability, capacity, and skill of the Bidder to perform the contract or provide the service required;

b. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;

c. Whether the Bidder can perform the contract within the time specified;

d. The quality of performance of previous contracts or services;

e. The previous and existing compliance by the Bidder with laws relating to the contract or services;

f. Whether, within the three-year period immediately preceding the date of the bid solicitation, the Bidder has been determined by a final and binding citation and notice of assessment issued by the 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

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

In determining the lowest responsive and responsible Bidder, an Agency may consider best value criteria, including but not limited to (RCW 39.26.160(3)):

a. Whether the bid satisfies the needs of the state as specified in the solicitation documents;

b. Whether the bid encourages diverse Contractor participation;

c. Whether the bid provides competitive pricing, economies, and efficiencies;

d. Whether the bid considers human health and environmental impacts;

e. Whether the bid appropriately weighs cost and noncost considerations; and

f. Life-cycle cost.

The Agency’s determination that a Bidder is not qualified may result in rejection of the submitted bid.

4.3 BIDDER’S CERTIFICATION FORM (PASS/FAIL)

All Bidders must submit Exhibit A.1 – Certifications and Assurances Form, signed by an individual authorized to bind the Bidder contractually. DNR will evaluate the information and

WA State Department of Natural Resources Page 22 of 39 may, at its sole discretion, reject the Bidder’s Response if the information indicates that completion of a Contract resulting from this IFB may be jeopardized by selection of the Bidder.

4.4 WAGE LAW COMPLIANCE (PASS/FAIL)

Prior to awarding a contract, agencies are required to determine that a Bidder is a 'Responsible Bidder.' See RCW 39.26.160(2)(f) and (4). Pursuant to legislative enactment in 2017, the Responsible Bidder Criteria include a Contractor Certification that the Contractor has not willfully violated Washington's wage laws. See Chap. 258, 2017 Laws (enacting SSB 5301). All Bidders must submit Exhibit A.1 – Certifications and Assurances Form, signed by an individual authorized to bind the Bidder contractually. A Bidder’s failure to comply with the required Wage Law Compliance certification means that the Bidder is not responsible and therefore will not be evaluated. See RCW 39.26.160(2)(f) & (4).

4.5 PREFERENCE – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS (SCORED)

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), A. A preference of 5 percent will be given to any Bidder who certifies, pursuant to the certification attached as Exhibit A.1 – Bidder’s Certification and Assurances Form 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 waiver

4.6 PREFERENCE – SMALL & VETERAN BUSINESSES (SCORED)

Department of Natural Resources, 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 43.60A.200 (WDVA Certified Veteran- Owned Businesses); and RCW 39.26.005 (Washington Small Businesses).

Washington State Certified Veteran-Owned Businesses In accordance with Chapter 43.60A.200 RCW, the State encourages participation in all of its contracts by firms certified by the Washington State Department of Veterans’ Affairs (DVA).

For questions regarding the above go to http://www.dva.wa.gov/.

A. A preference of 10 percent will be given to any Bidder who provides evidence as set forth in Exhibit A.1 – Certifications and Assurances Form that the that Bidder qualifies as a Washington Department of Veterans’ Affairs Certified Veteran-Owned Business. Note:

This preference does not apply if federal funds are being used. See section 3.5 Funding for funding source information.

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Washington State Certified Small Businesses In accordance with the intent of Chapter 39.26.005 RCW, the State encourages the purchases of goods and services from Washington small businesses. Small business, mini-business, and micro-business are defined in RCW Chapter 39.26.010 (22), (17), and (16) respectively. Go to http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26.010. All qualified state small business types are encouraged to register and identify themselves in the Washington Electronic Business Solution (WEBS). https://des.wa.gov/sell/how-work-state/register-bid-opportunities

A. A preference of 10 percent will be given to any Bidder who provides evidence as set forth in Exhibit A.1 – Certifications and Assurances Form that the that Bidder qualifies as a Washington State Small Business. Note: This preference does not apply if federal funds are being used. See section 3.5 Funding for funding source information.

4.7 EVALUATION WEIGHTING AND SCORING

CRITERIA MAXIMUM

POINTS

RESPONSIVENESS

SECTION 1.3 – MINIMUM QUALIFICATIONS PASS/FAIL

SECTION 4.3– BIDDER’S CERTIFICATION AND ASSURANCES FORM (EXHIBIT A.1) PASS/FAIL

SECTION 4.4 – WAGE COMPLIANCE LAW (EXHIBIT A.1) PASS/FAIL

SECTION 4.1 – RESPONSIVENESS PASS/FAIL

SPECIFICATIONS

EXHIBIT A.2 SOLICITATION SPECIFICATION FORM – REQUIRED PASS/FAIL

QUALIFICATIONS

EXHIBIT A.2 BID SPECIFICATION FORM – CURRENT/FORMER STATE EMPLOYEE PASS/FAIL

EXHIBIT A.2 BID SPECIFICATION FORM – REFERENCES 40

COST PROPOSAL

SECTION 3.6 – TOTAL COST 60

SUB-TOTAL 100

PREFERENCES

SECTION 4.5 – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS (EXHIBIT A.1) 5

TOTAL POSSIBLE W/PREFERENCES 105

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5. SOLICITATION EXHIBITS

EXHIBIT A.1 – Bidder’s Certification and Assurances Form EXHIBIT A.2 – Bid Specification Form EXHIBIT A.3 – AD-1048 Federal Debarment Form EXHIBIT A.4 – Cost Proposal EXHIBIT B – Draft Contract

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EXHIBIT A.1 – BIDDER’S CERTIFICATION AND ASSURANCES FORM

BIDDER INFORMATION

Business Name:

Name of Authorized Representative:

Address:

City:

State: Zip:

Cell Phone:

Office Phone:

E-mail:

Statewide Vendor Number (optional)

TIN (Tax Identification Number):

Internal Revenue Service

WA UBI (Unified Business Identifier):

WA Department of Licensing

WA Labor & Industries Account #:

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

OUT-OF-STATE VENDORS SHOULD SEEK GUIDANCE FROM WA DEPARTMENT OF LICENSING FOR

SPECIFIC UBI REQUIREMENTS.

Bidder makes the following certifications and assurances as a required element of the bid to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s):

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1. UNDERSTANDING. Bidder certifies that Bidder has read, thoroughly examined, and fully understands all of the provisions in the Competitive Solicitation (including all exhibits) and the terms and conditions of the Contract and any amendments or clarifications to the Competitive Solicitation, and agrees to abide by the same.

2. ACCURACY. Bidder declares that all answers and statements made in the bid are true and correct.

3. NO COLLUSION OR ANTI-COMPETITIVE PRACTICES. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, Bidder may freely join with other persons or organizations for the purpose of presenting a single bid.

4. FIRM OFFER. The attached bid is a firm offer for a period of 90 calendar days following receipt, and it may be accepted by the Agency without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period.

5. CONFLICT OF INTEREST. In preparing this bid, Bidder has not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this bid or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

6. NO REIMBURSEMENT. Bidder understands that the Agency will not issue reimbursement for any costs incurred in the preparation of this bid. All bids become the property of the Agency, and the Bidder claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this bid.

7. DISCLOSURE. Unless otherwise required by law, the prices and/or cost data that have been submitted have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the bidder prior to award, directly or indirectly to any other Bidder or to any competitor.

8. PERFORMANCE. Bidder agrees that submission of bid documents, quotation and/or proposal constitutes acceptance of the solicitation contents, including all attached or linked terms and conditions. If there are any exceptions to these terms and conditions, the Bidder has described those exceptions in detail on a page attached to Bidder’s submission documents.

9. HARASSMENT. DNR CONTRACTORS hereby have access to DNR’s Policies:

Per RCW 43.01.135, Sexual harassment in the workplace, DNR contractors hereby have access to DNR Policy PO01-052 Sexual Harassment, linked below:

https://www.dnr.wa.gov/publications/em_harassment_prevention_policy.pdf

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DNR’s Policy PO01-051 Safe and Respectful Workplace, linked below, outlines DNR’s commitment and the expectations for contractors:

www.dnr.wa.gov/publications/em_safe_respectful_workplace_policy.pdf

DNR’s Policy PO01-037 Harassment Prevention, linked below, outlines DNR’s commitment and the expectations for contractors:

www.dnr.wa.gov/publications/em_harassment_prevention_policy_037.pdf

10. RESTRICTING COMPETITION. No attempt has been made or will be made by the Bidder to persuade any other person or firm to submit or not to submit a bid for the purpose of restricting competition.

11. REFERENCES. Bidder grants the Agency the right to contact references and others, who may have pertinent information regarding the Bidder’s prior experience and ability to perform the goods delivered or services rendered contemplated in this procurement.

12. LICENSED IN WASHINGTON STATE. Bidder will become licensed to do business in the State of Washington (if applicable) prior to providing delivered goods or rendered services to

DNR.

13. PREVIOUS STATE EMPLOYEES. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, list their name(s) on a separately attached page. WAC

415.02.325 RCW 41.50.139

14. DEBARMENT. Bidder certifies as follows (must check one):

☐ NO DEBARMENT. Bidder and/or its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity.

OR

☐ DEBARRED. As detailed on the attached explanation (Bidder to provide), Bidder and/or its principals presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with a federal, state, or local governmental entity.

15. CRIMINAL OFFENSE. Bidder certifies as follows (must check one):

☐ NO CRIMINAL OFFENSE. Bidder and its officers, directors, and managers have not, within the three (3) year period preceding the date of this Competitive Solicitation, been convicted or had a civil judgment rendered against Bidder or such officers, directors, and managers for commission of fraud or a criminal offense in connection with

WA State Department of Natural…