Competitive Solicitation 06419.docx

COMPETITIVE SOLICITATION NO. 06419

ENCAMPMENT CLEANUP SERVICES

INTRODUCTION

The Washington State Department of Enterprise Services (Enterprise Services) is issuing this Competitive Solicitation pursuant to RCW Chapter 39.26. Enterprise Services intends to conduct a competitive procurement to establish and award Master Contracts by geographic region (Western Washington, Central Washington and Eastern Washington) for eligible purchasers to purchase homeless camp cleanup services.

Washington state agencies and other eligible purchasers that own or manage properties impacted by homeless camps desire to have a Master Contract that provides an efficient and cost-effective procurement solution to obtain professional contracted services to scope, plan, collect, remove, and properly dispose, recycle or segregate for storage identified trash, debris, and structures (collectively “Homeless Camp Cleanup Services”).

This Competitive Solicitation is divided into six 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 Master Contracts, the form of the resulting Master Contract, and potential contract sales.

· Section 3 identifies how Enterprise Services will evaluate the bids.

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

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

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

In addition, this Competitive Solicitation includes the following Exhibits:

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

· Exhibit A-1 – Bidder’s Certification

· Exhibit A-2 – Bidder’s Profile

· Exhibit B-1 – Bidder Qualifications: This exhibit outlines the required bidder qualifications for each of the two (2) categories of Homeless Camp Cleanup Services that are the subject of this Competitive Solicitation.

· Exhibit B-2 – Work by Region: This exhibit requests a recent work history for the region(s) in which bidders will compete for award.

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

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

Section 1 – Deadlines, Questions, Procurement Coordinator, and Modification

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

1.1. Competitive Solicitation:

COMPETITIVE SOLICITATION DEADLINES

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

Procurement Coordinator

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

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

1.4. COMPETITIVE SOLICITATION – AMENDMENT AND 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 Master 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 MASTER CONTRACT. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award multiple master contracts for homeless camp cleanup services for each region and each category as set forth in Exhibit C – Bid Price, Exhibit B-1 – Bidder Qualifications and Exhibit B-2 – Work by Region.

For the Western Region: Up to 10 total awards – up to five in Category 1; up to five in Category 2.

For the Central Region: Up to six total awards – up to three in Category 1; up to three in Category 2.

For the Eastern Region: Up to six total awards – up to three in Category 1; up to three in Category 2.

Category 1 (High- and medium-high-complexity cleanups) – Multiple awards per region as noted above.

Category 2 (Moderate- and low-complexity cleanups) – Multiple awards per region as noted above, including one potential award per region reserved for the highest-scored, otherwise not awarded, responsive, responsible Washington small or veteran-owned businesses.

a. MASTER CONTRACTS. Enterprise Services has statewide responsibility to develop “master contracts” for goods and services. A Master 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 Master Contracts through a purchase order, work order, or similar document. The Master 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 Master Contracts. In short, the Master 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. MASTER CONTRACT USERS – ELIGIBLE PURCHASERS. Any resulting Master 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.

· MCUA PARTIES. Any resulting Master Contract also may be utilized by any of the following types of entities that have executed a Master Contract Usage Agreement (MCUA) with Enterprise Services:

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

· Federal government agencies or entities;

· Public-benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and

· Federally recognized Indian Tribes located in the State of Washington.

Enterprise Services maintains a list of eligible MCUA parties on the MCUA Listing website.

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

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

2.3. CONTRACT TERM. As set forth in the attached Master Contract for this Competitive Solicitation, the contract term is 60 months. Bidders are to specify prices for the contract term. The Master Contract is subject to earlier termination.

2.4. ESTIMATED SALES. This Competitive Solicitation is to establish a new Master Contract for Homeless Camp Cleanup Services. Accordingly, Enterprise Services does not have historical contract spend data or anticipated contract usage data.

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES AND 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:

· Washington Small Businesses: Category 1 - 80 points; Category 2 - 100 points

· Certified Veteran-Owned Businesses: Category 1 - 80 points; Category 2 - 100 points

· Executive Order 18-03: 40 points

Section 3 – Bid Evaluation

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

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

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

· Any bidder whose bid is determined to be non-responsive will be rejected and will be notified of the reasons for this rejection.

· Enterprise Services reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof; (4) Accept any portion of the items bid unless the bidder stipulates all or nothing in its bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or (6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

· Enterprise Services will use the following process and evaluation criteria to determine eligibility for an award of a Master Contract in each of two categories as defined in Exhibit B-1 – Bidder Qualifications:

Evaluation scoring

Exhibit B-1 – Bidder Qualifications

Exhibit C – Bid Price (Bidder’s Bid Margin)

Bidder Responsibility Analysis

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 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. BIDDER QUALIFICATIONS EVALUATION (STEP 2). Enterprise Services will evaluate each bid to ensure that each bidder’s services meet the specifications and/or performance requirements set forth in Exhibit B-1 – Bidder Qualifications. Enterprise Services reserves the right to request additional information before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested additional information to Enterprise Services within 10 business days may result in disqualification.

3.4. BID PRICING EVALUATION (STEP 3A). Enterprise Services will evaluate bids – to identify the lowest evaluation total – by reviewing and comparing the submitted bid prices provided in Exhibit C.

3.5. WASHINGTON STATE PROCUREMENT PRIORITIES AND PREFERENCES (STEP 3B). Enterprise Services will apply the following Washington State procurement priorities and preferences, as set forth below, to this Competitive Solicitation.

· WASHINGTON SMALL BUSINESS. In furtherance of Washington’s business inclusion goals Enterprise Services will evaluate bids for best value and will provide a bid preference in the amount of 80 points in Category 1 and 100 points in Category 2 to any bidder who certifies in Exhibit A-1 – Bidder’s Certification and documents its status as a “Washington small business” as defined in RCW 39.26.010.

· CERTIFIED VETERAN-OWNED BUSINESS. In furtherance of Washington’s business inclusion goals, Enterprise Services will provide a bid preference of 80 points in Category 1 and 100 points in Category 2 to any bidder that documents in Exhibit A-1 – Bidder’s Certification its status as a Veteran-Owned Business as certified by the Washington State Department of Veterans Affairs.

· 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 of 40 points to any bidder that certifies in Exhibit A-1 – Bidder’s Certification that its 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.

3.6. 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:

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

· The bidder’s character, integrity, reputation, judgment, experience, and efficiency;

· Whether the bidder can perform the contract within the time specified;

· The bidder’s performance quality pertaining to previous contracts or services;

· The 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, the 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 the Master 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 offer, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine the bidder’s ability and capacity to perform the contract and enforceability of contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsible.

· 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.

· Bidder responses to Exhibit B-2 – Work by Region.

3.7. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. Enterprise Services will determine the Apparent Successful Bidders (“ASBs”). The ASBs will be the responsive and responsible bidder(s) that best meet the Competitive Solicitation requirements and present(s) 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 preferences.

· Designation as an ASB does not imply that Enterprise Services will issue an award for a Master Contract to your firm. Rather, this designation allows Enterprise Services to perform further analysis and ask for additional documentation, such as verification of certifications (see Exhibit B-1 – Bidder Qualifications, Section 2). The bidder 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 this notification, it does so at its own risk and expense.

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

3.8. AWARD OF MASTER CONTRACTS. Subject to protests, if any, Enterprise Services and the ASBs will enter into Master Contracts as set forth in Exhibit D – Master Contract. An award, in part or full, is made and a contract formed by signature of Enterprise Services and awarded bidder on the Master Contract. Following the award of the Master Contract, 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 ASBs, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2). Upon Enterprise Services’ announcement of ASBs, Enterprise Services will post all bid evaluations to Enterprise Services’ website. In addition, Enterprise Services intends to post all winning bid submissions to its contract portal web page.

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

Section 4 – How to Prepare and Submit a Bid for this Competitive Solicitation

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

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

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

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

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

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

4.3. PRICING. Bid prices must be expressed as requested in Exhibit C – Bid Price and must include all cost components needed for the delivery of the services as described in this Competitive Solicitation. 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 Master Contract, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Master Contract, there shall be no additional costs of any kind.

· Credit cards (P-Cards): In the event that bidder is awarded a Master 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 Master Contract from this Competitive Solicitation will include a Vendor Management Fee as specified in the Master Contract attached as Exhibit D – Master Contract.

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

· EXHIBIT A-1 – BIDDER’S CERTIFICATION

This document is the Bidder’s Certification.

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

· EXHIBIT B-1 – BIDDER QUALIFICATIONS

Bidder will need to confirm that bidder meets or exceeds the bidder qualifications set forth in Exhibit B-1 – Bidder Qualifications.

· EXHIBIT B-2 – WORK BY REGION

Bidder will need to complete work history for the region(s) as instructed in Exhibit B-2 – Work by Region.

· EXHIBIT C – BID PRICE

Bidder will need to complete the price worksheet templates as instructed in Exhibit C – Bid Price.

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

4.6. SUBMITTING BIDS. Your electronic bid must be emailed to DESContractsStrategy@des.wa.gov. Enterprise Services’ email boxes can accept only emails that total less than 30MB in size. Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted.

Section 5 – Complaint, Debrief and 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 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 and 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 formal complaint may be based only on one or more of the following grounds: (a) The solicitation unnecessarily restricts competition; (b) The solicitation evaluation or scoring process is unfair or flawed; or (c) The 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 waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a bidder and the Procurement Coordinator to meet and discuss the bidder’s bid. A debrief is a required prerequisite for a bidder wishing to file a protest. Following the evaluation of the bids, Enterprise Services will issue an announcement of the ASB. That 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. Once a Debrief Conference is 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 announcement of the ASB and the bidder’s request for a Debrief Conference. Enterprise Services will not allow the debrief process to delay the award. Therefore, bidders should plan for contingencies and alternate representatives; bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest.

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

b. PURPOSE OF DEBRIEF CONFERENCE. Any bidder who has submitted a timely bid response may request a Debrief Conference (see Form and Substance, and Other below). A Debrief Conference provides an opportunity for the bidder to meet with Enterprise Services to discuss only its own bid and evaluation.

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 the announcement of the Apparent Successful Bidder. Debrief conferences may be conducted either in person at the Enterprise Services offices in Olympia, Washington, or by virtually (e.g., telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by Enterprise Services, and may be limited by Enterprise Services to a specified period of time. The failure of a bidder to request a debrief within the specified time and attend a 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 Master Contract.

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

b. INITIATING A PROTEST. Any bidder may protest an award to the ASB. A protest must: (a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting bidder’s Debriefing Conference (see Form and Substance, and Other 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 AND OTHER. All complaints, requests for debrief, and protests must (a) Be in writing; (b) Be signed by the complaining or protesting bidder or an authorized agent, unless sent by email; (c) Be delivered within the time frame(s) outlined herein; (d) Identify the solicitation number; (e) Conspicuously state “Complaint,” “Debrief” or “Protest” in any subject line of any correspondence or email, and (f) Be sent to the address identified below.

b. COMPLAINTS AND 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. 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 and 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. 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 and 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 doing business with the State of Washington.

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 chapter 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 your judgment, there is an applicable statutory exemption from disclosure for certain portions of your bid, please mark the precise portion(s) of the relevant page(s) of your bid that you believe are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

· In addition, if, in your judgment, certain portions of your bid are not statutorily exempt from disclosure but are sensitive because these particular portions of your bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that your firm 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 your bid that include such sensitive information.

· In the event that Enterprise Services receives a public records disclosure request pertaining to information that you have submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, Enterprise Services, prior to disclosure, will do the following:

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

· For documents marked ‘sensitive’ or for documents where Enterprise Services either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, Enterprise Services will notify the bidder at the address provided in the bid submittal of the public records disclosure request and identify the date that Enterprise Services intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining Enterprise Services from such disclosure. In the event Bidder fails to timely file a motion for a court order enjoining such disclosure, Enterprise Services will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by Bidder of any claim that such materials are exempt or protected from disclosure.

6.2. ECONOMIC GOALS. In support of the state’s economic goals, bidders are encouraged to consider the following in responding to this Competitive Solicitation:

· Support for a diverse supplier pool, including veteran-owned, minority-owned and women-owned business enterprises. Results Washington has established the following voluntary numerical goals for this Competitive Solicitation:

· Ten (10) percent minority-owned businesses (MBE);

· Six (6) percent women-owned businesses (WBE);

· Five (5) percent veteran-owned businesses (VB).

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

· Bidders may contact the Office of Minority and Women’s Business Enterprises for information on minority-owned and women-owned certified firms or to become certified.

· Bidders may contact the Washington State Department of Veterans Affairs (DVA) for information on Certified Veteran-Owned businesses or to become a Certified Veteran-Owned Business.

6.3. POLYCHLORINATED BIPHENYLS (PCBS) NOTICE. Polychlorinated biphenyls, commonly known as PCBs, have adverse effects on human health and the environment. Accordingly, the State of Washington, through its procurements of goods, is trying to minimize the purchase of products with PCBS and to incentivize its contractual vendors to sell products and products-in-packaging without PCBs.

6.4. RESOURCES.

· Register for competitive solicitation notices at the Washington Electronic Business Solution (WEBS) WEBS Registration. Note: There is no cost to register on WEBS.

· If you qualify as a Washington small business, identify yourself as such in WEBS. Call WEBS Customer Service at 360-902-7400. The requirements to self-certify as a Washington Small Business are set forth in Exhibit A-1 – Bidder’s Certification.

· Contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) about state and federal certification programs by telephone at 866-208-1064 or through its website at OMWBE.

· Contact the Washington State Department of Veterans’ Affairs (WDVA) about veteran-owned businesses certification by telephone (360) 725-2169 or through their website at DVA. The qualification requirements to be a Certified Veteran-Owned Business are set forth in Exhibit A-1 – Bidder’s Certification.

· Contact Enterprise Services about small and diverse business inclusion.

COMPETITIVE SOLICITATION NO. 06419 – ENCAMPMENT CLEANUP PAGE 3

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