Appendix A DOH Solicitation Standards.pdf

Washington State Department of Health

TUMWATER, WASHINGTON

IFB-SOLICITATION STANDARDS

DOH24-039P

This document contains important information for Bidders applicable to the solicitation documents administered by the Department of Health. This information applies directly, and is incorporated by reference, into the solicitation and contracts resulting from this solicitation. As such, Bidders do not need to attach this document with their response to the solicitation. It is the responsibility of the Bidder to read and fully understand the details of all items contained herein prior to Bid submittal.

TABLE OF CONTENTS

1. DEFINITIONS

2. AMENDMENTS AND ADDENDA

3. BID CLARIFICATION

4. BID COSTS

5. BID DEADLINE POSTPONEMENT

6. BID OWNERSHIP

7. BID REJECTION

8. BID WITHDRAWAL OR MODIFICATION

9. COLLUSION

10. PROCUREMENT EVALUATION FOR EXECUTIVE ORDER 18-03 ........ Error! Bookmark not defined.

11. INSURANCE

12. MINORITY, WOMEN, DISADVANTAGED AND SMALL BUSINESS

ENTERPRISES

13. NO COSTS OR CHARGES

14. NO OBLIGATION TO CONTRACT

15. POLICY COMPLIANCE

16. PROJECT PERSONNEL

17. PROTEST PROCEDURES

18. SINGLE BID RECEIVED

Solicitation Standards

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1. DEFINITIONS

This section contains definitions of terms commonly used in Solicitations conducted by the Department of Health.

Agency Department of Health (Department of Health).

Amendment or Addendum

A change to a legal document. For the purposes of a Solicitation document, an amendment is a unilateral change issued by the Department of Health, at its sole discretion.

Authorized Representative

An individual designated by the Proposer to act on its behalf with the authority to legally bind the Proposer concerning the terms and conditions set forth in Solicitation and Proposal documents.

Bid A sealed written offer to provide materials, supplies, services, and/or equipment in reply to an Invitation to Bid (ITB).

Business Days Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for holidays observed by the Department of Health, unless otherwise specified within the Solicitation document.

Calendar Days Consecutive days of the year include weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When “days” are not specified, Calendar Days will prevail.

Contract All types of agency agreements, regardless of what they may be called, for the procurement of supplies, services, or construction, including purchase orders.

Contractor Any person or entity having a contract with Department of Health.

Procurement Coordinator

The individual authorized by Department of Health who is responsible for conducting a specific Solicitation.

Proposal A written offer to perform a Contract to supply materials, supplies, services, and/or equipment in reply to a Request for Proposals (RFP) or Request for Qualifications (RFQ).

Proposer A Vendor who submits a Proposal in reply to a Solicitation.

RCW Revised Code of Washington

Responsible The ability, capacity, and skill to perform the Contract or provide the service required, including, but not limited to the character, integrity, reputation, judgment, experience, and efficiency of the Proposer. Further considerations may include, but are not limited to, whether the Proposer can perform the Contract within the time specified, the quality of performance of previous contracts or services, the previous and existing compliance by the Proposer with laws relating to the contract or services and such other information as may be secured having a bearing on the decision to award the Contract.

Responsive A Bid or Proposal that meets all material terms of the Solicitation document.

Response A Bid or Proposal.

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Solicitation The process of notifying prospective Bidders that Department of Health wants competitive Bids or Proposals for furnishing specified materials, supplies, services, and/or equipment. Also includes reference to the actual documents used for that process, including: Invitation for Bids (IFB), Request for Proposals (RFP), Request for Qualifications (RFQ), or Request for Qualifications and Quotation (RFQQ), along with all attachments and exhibits.

Subcontractor A person or business that is, or will be, providing or performing an essential aspect of the Contract under the direction and responsibility of the Contractor.

Vendor A provider of materials, supplies, services, and/or equipment.

2. AMENDMENTS AND ADDENDA

The Department of Health reserves the right to amend this Solicitation at any time before the Proposal due date and time. Amendments may be for any reason deemed necessary by Department of Health including, without limitation, changes in quantity, quality, delivery requirements, due date, procedures, baseline technical requirements, statement of work requirements, or selection criteria.

All Addenda will be posted on Washington’s Electronic Business Solution (WEBS). It is the Proposer’s sole responsibility to check periodically for Addenda related to this Solicitation.

If there is any conflict between Addenda, or between an Addendum and the original Solicitation document, whichever document was issued last in time shall be controlling.

3. BID CLARIFICATION

The Department of Health will make the sole determination of clarity and completeness in the Bids relative to any of the provisions in this Solicitation. The Department of Health reserves the right to request clarification, additional information, and materials in any form relative to any or all of the provisions or conditions of this Solicitation.

To aid in the Response evaluation process, after Response due date and time, the Department of Health may require individual Bidders to appear at a date, time and place determined by the Department of Health for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature and scope of contractual requirements. In no manner shall such action be construed as negotiations or an indication of the Department of Health’s intention to award.

4. BID COSTS

Bidder is solely liable for any and all costs associated with preparing, submitting or presenting a Bid in response to this Solicitation. The Department of Health is not liable for any cost incurred by the Bidder in the process of responding to this Solicitation.

5. BID DEADLINE POSTPONEMENT

The Department of Health reserves the right to postpone the Bid Due Date and Time at any time prior to the set due date and time.

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6. BID OWNERSHIP

All Bids and materials submitted in response to this Solicitation will become the property of Department of Health. Information in each Bid will be shared with Department of Health employees and other persons involved in Bid evaluation. The Department of Health will have the right to use ideas or adaptations of ideas that are presented in the Bid. Selection or rejection of the offer will not affect this right.

7. BID REJECTION

Department of Health reserves the right to reject any Bid for any reason including, but not limited to, the following:

A. Any Bid which is incomplete, obscure, irregular or lacking necessary detail and specificity.

B. Any Bid which contains figures (price, percentage or others) that are not legible or subject to more than one interpretation;

C. Any Bid from Bidder(s) who (in the sole judgment of Department of Health) lack the qualification and/or responsibility necessary to perform the work properly;

D. Any Bid for which a Bidder fails or neglects to complete and submit any qualification information within the time specified by Department of Health; and

E. Any Bid submitted by a Bidder who is not registered or licensed as may be required by the laws of the state of Washington.

The Department of Health further reserves the right to reject any or all Bids, to waive any minor irregularities or informalities (without obligation) in any response to the Solicitation, and to accept any items or combination of items. In consideration of the Department of Health’s review and evaluation of its Bid, the Bidder waives and releases any claims against the Department of Health arising from rejection of any or all Bids.

8. BID WITHDRAWAL OR MODIFICATION

A modification of a Bid already received will be considered only if the modification is received prior to the Bid Due Date and Time. All modifications shall be made in writing, executed and submitted in the same form and manner as the original Bid. Notwithstanding the above, a late modification of an otherwise successful Bid that makes its terms more favorable to Department of Health may be considered at any time it is received and may be accepted.

Bidders may withdraw their Bid by written request to the Procurement Coordinator. The withdrawal request must be received by the Procurement Coordinator prior to Bid Due Date and Time. Bids may be withdrawn in person by the Bidder or an Authorized Representative if the representative’s identity is made known and the representative signs a receipt for the Bid before the Bid Due Date and Time.

No Bidder may withdraw a Bid after the Bid Due Date and Time, or before the award and execution of the Contract, unless the award is delayed for a period exceeding sixty (60) Calendar Days from the Proposal due date and time. The Department of Health reserves the right to request that Bidders grant an extension of such effective period.

The Department of Health will not consider a claim of error in a Bid unless written notice and supporting evidence of such claim, including cost breakdown sheets, are delivered to

DOH24-039P 5 of 8 Solicitation Standards the Department of Health within forty-eight (48) hours after Bid opening. Any review by Department of Health of a Bid and/or any review of such a claim of error (including supporting evidence) creates no duty or liability on Department of Health to discover any other error or mistake, and the sole liability for any Bid errors rests with the Bidder.

9. COLLUSION

If the Department of Health determines that collusion has occurred among Bidders, none of the Bids of the participants in the collusion will be considered. The Department of Health’s determination shall be final.

10. PROCUREMENT EVALUATION 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), Department of Health will evaluate bids for best value and provide a bid preference in the amount of 5% to any bidder who certifies, pursuant to the certification attached as Exhibit D – Executive Order 18-03 – Workers’ Rights Washington State Goods & Services Contracts 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 waiver. Successful Bidder will comply with applicable portions of the following statutes, ordinances and regulations and such other regulatory measures dealing with the prevention of environmental pollution and the preservation of public natural resources as may be subsequently identified by Department of Health or other public agencies as applicable to the work.

11. INSURANCE

The Successful Bidder is required to obtain insurance to protect Department of Health should there be any claims, suits, actions, costs, or damages or expenses arising from any negligent or intentional act or omission of the Bidder or its Subcontractor(s), or their agents, while performing work under the terms of any Contract resulting from this Solicitation.

Bidders will find a complete description of the specific insurance requirements in the Sample Contract document located in Appendix B of the Solicitation document.

12. MINORITY, WOMEN, DISADVANTAGED AND SMALL BUSINESS ENTERPRISES

In accordance with RCW 39.19, Department of Health is committed to maximum utilization of minority, women, veterans, small, and disadvantaged businesses enterprises. The DOH strongly encourages participation of businesses owned by veterans. No minimum level of veteran-owned business participation is required as a condition of received an AWARD and no preference will be included in the evaluation of responses in accordance with chapter 43.60A RCW. All businesses are encouraged to respond.

Participation may be either on a direct basis in Response to this Solicitation or as a subcontractor to a Contractor. However, unless required by federal statutes, regulations, grants, or Contract terms referenced in the competitive procurement solicitation, no preference will be included in the evaluation of Bids, no minimum level of MWBE

DOH24-039P 6 of 8 Solicitation Standards participation shall be required as condition for receiving an award, and Bids will not be evaluated, rejected or considered non-responsive on that basis.

13. NO COSTS OR CHARGES

Costs or charges under the proposed Contract incurred before the Contract is fully executed will be the sole responsibility of the Bidder.

14. NO OBLIGATION TO CONTRACT

This Solicitation does not obligate the Department of Health to contract for the service(s) or product(s) specified. The Department of Health reserves the right to cancel or reissue this Solicitation in whole or in part, for any reason, prior to Contract award.

15. POLICY COMPLIANCE

Department of Health does not permit alcohol, drugs and weapons on Department of Health property. Tobacco products must only be used in designated areas. The Awarded Contractor is responsible for ensuring that all employees and any Subcontractors assigned to work on Department of Health property are aware of and comply with these policies.

16. PROJECT PERSONNEL

Bidder represents that it has, or will obtain, all qualified personnel necessary to perform the services required under this Solicitation. All services required under this Solicitation shall be performed by the Bidder, its employees, agents, representatives, or authorized Subcontractors. Upon Contract award, Contractor will not change assigned project personnel or subcontractors without prior Department of Health approval.

17. PROTEST PROCEDURES

Protests shall be filed and resolved in accordance with the following procedure:

A. Protest Process. The protest process occurs after the bids are submitted and evaluated, and after the announcement of the Apparent Successful Bidder (ASB);

but prior to the contract award. This allows bidders to focus on the evaluation and award process to ensure its integrity and fairness. Protests can raise issues related to the evaluation and award process as set out in the solicitation or how the process was executed. This allows an agency to correct evaluation process errors and problems before a contract is awarded and executed.

B. Requirements. The agency’s procurement protest process must meet the following minimum requirements:

a) The protest process must include a protest period. The protest period commences after the ASB is announced but before the contract is awarded and executed. The protest period is five business days.

b) The Department of Health has the discretion to extend the protest period if necessary.

c) After the announcement of the ASB(s), The Department of Health will offer a debriefing conference to any responsible and responsive bidder upon request.

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d) The Department of Health will give bidders 3 business days after the ASB(s) is announced to request a debriefing conference. The conference date will be set by the agency and an alternative date and time may not be offered.

e) The Department of Health requires bidder participation in a debriefing conference as a prerequisite for submitting a protest.

f) If the agency does not receive a timely request for a debriefing conference, the agency may cancel the protest period.

g) If any bidder requests a debriefing conference, agencies must provide a protest period of no less than 5 business days for eligible bidders to file a protest.

h) Only those bidders who’ve submitted a bid and participated in a debriefing conference are eligible to file a protest.

i) It is recommended that protests are submitted to the Protest Officer or other neutral party, not the Agency Procurement coordinator.

j) The protest process at a minimum, must allow bidders an opportunity to submit a protest based on any of the following: i) A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

k) Errors in computing the scores; or Non-compliance with procedures described in the procurement document or agency protest process or DES policy requirements.

l) The Department of Health shall assign a neutral party (Protest Officer) who had no involvement in the evaluation and award process to investigate and respond to the protest.

m) The Protest Officer should have public procurement experience and must remain fair and impartial throughout the protest process.

n) The Protest Officer must issue a written protest response no more than 10 business days after receipt of the protest unless additional time is needed. The agency should notify the protesting bidder in writing if additional time is needed.

o) The agency has the discretion to cancel the procurement, if desired.

p) The agency has the discretion to award any unprotested categories, if desired and appropriate.

q) The Protest Officer’s decision is final, and no administrative appeal process is required. If a protesting bidder does not accept the Protest Officer’s protest response, the bidder may seek relief from superior court.

C. Stay of Procurements During Protests. In the event of a timely protest, the Solicitation Coordinator shall not proceed further with the solicitation or award of the Contract until all administrative and judicial remedies have been exhausted or until the Department of Health Protest Officer makes a determination on the record that the award of a Contract without delay is necessary to protect substantial interests of Department of Health.

D. Entitlement of Costs. In addition to any other relief, when a protest is sustained and the protesting Bidder should have been awarded the Contract under the solicitation, but is

DOH24-039P 8 of 8 Solicitation Standards not, then the protesting Bidder shall be entitled to the reasonable costs incurred in connection with the solicitation, including preparation costs, other than attorney’s fees.

E. Protest Submittal Process. In order to be considered, a protest shall be in writing and shall include:

1. The name and address of the aggrieved person;

2. The project number and title under which the protest is submitted;

3. A detailed description of the specific grounds for protest and any supporting documentation; and

4. The specific ruling or relief requested.

The written protest, submitted by email, will be addressed to:

Department of Health, Attention: Protest Officer Submitted to Procurement Coordinator email address.

Failure to comply with these protest procedures shall render a protest untimely or inadequate and may result in rejection by the Department of Health.

18. SINGLE BID RECEIVED

If Department of Health receives a single responsive, responsible Bid, Department of Health shall have the right, in its sole discretion, to extend to the Bid acceptance period for up to an additional forty-five (45) Calendar Days and to conduct a price or cost analysis on such Bid.

The Bidder shall promptly provide all cost or pricing data, documentation and explanation requested by the Department of Health to assist in such analysis. By conducting such analysis, Department of Health shall not be obligated to accept the single Bid. The Department of Health reserves the right to reject such Bid or any portion thereof.