DNR IFB 20-11_Handwashing Trailers.pdf

STATE OF WASHINGTON

DEPARTMENT OF NATURAL RESOURCES

OLYMPIA, WASHINGTON

SOLICITATION

INVITATION FOR BID (IFB): DNR 21-11

TITLE: 12 Station Hand-Wash Trailers: 3 each

SOLICITATION DUE DATE: November 2, 2020 – by 4:30PM, Pacific Standard, Olympia, Washington, USA.

SOLICITATION COORDINATOR: Matthew Hallahan

ESTIMATED TIME-PERIOD FOR CONTRACT: 1 Year

DNR reserves the right to add additional products and/or services within the scope of this solicitation, and within twelve (12) months of the original product order date.

PRODUCT DUE DATE: June 1, 2021

LOCATION FOR DELIVERY: DNR Compound

821 88th Ave SE

Tumwater, WA 98504

DNR IFB: 20-11

WA State Department of Natural Resources Page 2 of 48

INVITATION FOR BID (IFB)

Form update date: 11.15.19

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 PRODUCTS AND/OR SERVICES

1.6 SOLICITATION COORDINATOR

1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

1.8 FUNDING

1.9 ADA

2 GENERAL INFORMATION

2.1 CONTRACTING RESTRICTIONS

2.2 DEFINITIONS

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 MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION

2.9 ACCEPTANCE PERIOD

2.10 RESPONSIVENESS

2.11 RESPONSIBLE BIDDER CRITERIA

2.12 MOST FAVORABLE TERMS

2.13 CONTRACT AND GENERAL TERMS & CONDITIONS

2.14 COST TO PROPOSE

2.15 NO OBLIGATION TO CONTRACT

2.16 REJECTION OF BIDS, QUOTATIONS and/or PROPOSALS

2.17 COMMITMENT OF FUNDS

2.18 ELECTRONIC PAYMENT

2.19 INSURANCE COVERAGE

3 CONTENTS AND SUBMITTAL INSTRUCTIONS

3.1 ELECTRONIC SUBMISSION OF BIDS, QUOTATIONS and/or PROPOSALS

3.2 BIDDER CHECKLIST

3.3 SPECIFICATIONS

3.4 QUALIFICATIONS

3.5 COST PROPOSAL

4 EVALUATION AND AWARD

4.1 RESPONSIVENESS (PASS / FAIL)

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

4.3 PREFRENCE – POLYCHLORINATED BIPHENYLS (PCBs) (SCORED)

4.4 ORAL PRESENATIONS MAY BE REQUIRED (SCORED)

4.5 EVALUATION WEIGHTING AND SCORING

5. SOLICITATION EXHIBITS

EXHIBIT A – BIDDER QUOTE FORM

EXHIBIT B – SOLICITATION SPECIFICATION FORM

EXHIBIT C – CERTIFICATIONS AND ASSURANCES FORM

EXHIBIT D – CONTRACTOR CERTIFICATION – WAGE LAW COMPLIANCE

EXHIBIT E – CONTRACTOR CERTIFICATION – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS

WA State Department of Natural Resources Page 3 of 48

Form update date: 11.15.19

EXHIBIT F – POLYCHLORINATED BIPHENYLS (PCB) PREFERENCE

EXHIBIT G – Sample Services Contract and WA State Department of Natural Resources General Terms and

Conditions

WA State Department of Natural Resources Page 4 of 48

Form update date: 11.15.19

1. INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

This solicitation is for the Department of Natural Resources (DNR) to procure three (3) new 18’ self-contained, enclosed cargo trailers with 12 hand-washing stations to support Emergency Management operations throughout Washington State.

Work to be performed and/or services delivered in the county of: Thurston County

1.2 SCOPE

The DNR is looking to purchase three (3) new field ready hand-washing trailers to provide a sanitary hand washing facility during field feeding operations for Emergency Management and Wildfire Staff. When placed in operation, the units should support up to 1200 personnel for extended periods of time.

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 goods delivered or 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 B – Solicitation Specifications

Form.

Bidders who do not meet the minimum qualifications and/or the required specifications and qualifications as outlined in Exhibit B – Solicitation Specifications Form, will be rejected as non-responsive and will not receive further consideration. Any bid, quotation and/or proposal 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 (product order date) through product delivery and any subsequent warranty period. The Agency requires delivery of goods by the product due date listed in the Schedule of Procurement Activities.

1.5 ADDITIONAL PRODUCTS AND/OR SERVICES

DNR reserves the right to add additional products and/or services within the scope of this solicitation, and within twelve (12) months of the original product order date. If additional products or services are required, they shall be documented in amendments to the applicable contract document(s). There is no guarantee to the Contractor additional products and/or services will be ordered.

http://bls.dor.wa.gov/ http://bls.dor.wa.gov/

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1.6 SOLICITATION COORDINATOR

The Solicitation 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 Solicitation Coordinator, as follows:

SOLICITATION COORDINATOR

NAME: MATTHEW HALLAHAN

E-MAIL ADDRESS: MATT.HALLAHAN@DNR.WA.GOV

MAILING ADDRESS: 821 88TH AVENUE SE

CITY, STATE, ZIP: TUMWATER, WA 98504

PHONE NUMBER: 360-902-1339

Any other communication will be considered unofficial and non-binding on the DNR. Vendors are to rely on written statements issued by the Solicitation Coordinator. Communication directed to parties other than the Solicitation 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 Solicitation 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 Solicitation 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.

1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

SCHEDULE OF PROCUREMENT ACTIVITIES

ISSUE SOLICITATION

DATE SOLICITATION IS POSTED IN WEBS

October 14, 2020

PRE-PROPOSAL QUESTIONS DUE FROM BIDDERS

DEADLINE FOR VENDORS TO ASK QUESTIONS OF THE SOLICITATION COORDINATOR

RELATED TO THIS SOLICITATION

October 21, 2020

PRE-PROPOSAL ANSWERS DUE BY DNR

DATE THAT DNR WILL POST IN WEBS THE OFFICIAL ANSWERS TO QUESTIONS

RECEIVED FROM VENDORS

October 23, 2020

COMPLAINTS DUE

DEADLINE FOR SUBMITTING UNRESOLVED ISSUES ABOUT THE PROCESS October 26, 2020

PROPOSALS DUE

DEADLINE FOR DNR RECEIPT OF PROPOSALS November 2, 2020

EVALUATE PROPOSALS

PERIOD OF TIME WHEN PROPOSALS WILL BE EVALUATED BY DNR November 3-4, 2020

CONDUCT ORAL PRESENTATIONS WITH FINALISTS

DATE ORAL PRESENTATIONS WILL BE CONDUCTED – IF REQUIRED NA

ANNOUNCE APPARENT SUCCESSFUL CONTRACTOR

AWARD DATE November 5, 2020

HOLD DEBRIEFINGS

DATE DEBRIEFING CONFERENCES TO BE HELD – IF REQUESTED November 10, 2020

WA State Department of Natural Resources Page 6 of 48

Form update date: 11.15.19

SCHEDULE OF PROCUREMENT ACTIVITIES

EXPECTED ORDER DATE

DATE DNR IS EXPECTED TO PLACE THE ORDER FOR GOODS/SERVICES November 25, 2020

PRODUCT DUE

DATE DNR IS EXPECTED TO RECEIVE THE GOODS/SERVICES June 1, 2021

THE AGENCY RESERVES THE RIGHT TO REVISE THE ABOVE SCHEDULE.

1.8 FUNDING

Purchase of goods and/or services resulting from this Solicitation are funded by State dollars. Terms and conditions for funding source are included in Exhibit G – Sample Services Contract and WA State

Department of Natural Resources General Terms and Conditions.

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

1.9 ADA

The Agency complies with the Americans with Disabilities Act (ADA). Vendors may contact the Solicitation

Coordinator listed above to receive this solicitation in Braille or on tape.

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2 GENERAL INFORMATION

2.1 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, quotation and/or proposal that includes current or former state employees.

2.2 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 CONTRACTOR – Bidder whose bid, quotation and/or proposal 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 Contractor.

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, quotation and/or proposal 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, quotation and/or proposal, 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, quotation and/or proposal 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.

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

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

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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.

SUBCONTRACTOR – one not in the employment of the Contractor, who is performing all or part of the business activities related to this solicitation under a separate contract with the Contractor. The terms

"Subcontractor" and "Subcontractors" means Subcontractor(s) in any solicitation tier.

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

WEBS – Washington’s Electronic Business Solution System.

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

2.3 PRE-PROPOSAL CONFERENCE

A Pre-Proposal Conference will not be scheduled for this solicitation.

2.4 NOTIFICATION TO BIDDERS

The Agency will notify the Apparent Successful Contractor of their selection in writing upon completion of the evaluation process. Individuals or firms whose bids, quotations and/or proposals were not selected for further negotiation or award will be notified separately in writing. To complete the process, the Apparent

Successful Contractor will be identified in WEBS.

2.5 COMPLAINT, DEBRIEF AND PROTEST PROCEDURES

COMPLAINT PROCESS – PRIOR TO BID, QUOTATION and/or PROPOSAL 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.

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, quotation and/or proposal 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 Solicitation Coordinator no less than five (5) business days prior to the date when the bid, quotation and/or proposal is due, and shall clearly articulate the basis for the complaint and include a proposed remedy.

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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 UNCUCCESSFUL BIDDERS:

Any Bidder who has submitted a bid, quotation and/or proposal 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 Solicitation 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, quotation and/or proposal;

Critique of the bid, quotation and/or proposal 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, quotations and/or proposals or evaluations of the other bids, quotations and/or proposals 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:

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 Solicitation 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.

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Form update date: 11.15.19

In the event a protest may affect the interest of another Bidder who submitted a bid, quotation and/or proposal, such Bidder will be given an opportunity to submit its views and any relevant information on the protest to the Solicitation 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 Contractor.

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 Contractor; 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.

mailto:publicdisclosure@dnr.wa.gov

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2.7 REVISIONS TO THE SOLICITATION

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 MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION

DNR strongly encourages the participation of minority and women-owned businesses, veteran-owned businesses, and Washington small businesses as prime Contractors or Subcontractors. No preference will be included in the evaluation of bids, quotations and/or proposals, no minimum level of participation by these businesses shall be required as a condition of receiving an award, and bids, quotations and/or proposals will not be rejected or considered non-responsive on that basis.

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-firms to obtain information on certified firms.

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/.

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 (21), (18), and (17) 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).

Go to http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx.

2.9 ACCEPTANCE PERIOD

Bids, quotations and/or proposals must provide 60 calendar days for acceptance by Agency from the due date for receipt of bids, quotations and/or proposals.

2.10 RESPONSIVENESS

All bids, quotations and/or proposals will be reviewed by the Solicitation 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, quotation and/or proposal as non-responsive.

http://www.dva.wa.gov/ http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26.010 http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx

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

2.11 RESPONSIBLE BIDDER CRITERIA

Exhibit B – Solicitation 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, quotation and/or proposal satisfies the needs of the state as specified in the solicitation documents;

b. Whether the bid, quotation and/or proposal encourages diverse Contractor participation;

c. Whether the bid, quotation and/or proposal provides competitive pricing, economies, and efficiencies;

d. Whether the bid, quotation and/or proposal considers human health and environmental impacts;

e. Whether the bid, quotation and/or proposal 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, quotation and/or proposal.

2.12 MOST FAVORABLE TERMS

The Agency reserves the right to make an award without further discussion of the bid, quotation and/or proposal submitted. Therefore, the bid, quotation and/or proposal 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, quotation and/or proposal.

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

https://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 https://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160

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2.13 CONTRACT AND GENERAL TERMS & CONDITIONS

The awarded Apparent Successful Contractor is entering into contract including but not limited to the terms and conditions outlined within the solicitation, bid, quotation and/or proposal, all appendices, all exhibits, associated Statements of Work, Purchase Orders, and all amendments awarded.

All exceptions to the contract terms and conditions must be submitted as an attachment to EXHIBIT C –

Certifications and Assurances Form.

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

2.14 COST TO PROPOSE

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

2.15 NO OBLIGATION TO CONTRACT

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

2.16 REJECTION OF BIDS, QUOTATIONS and/or PROPOSALS

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

2.17 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.

2.18 ELECTRONIC PAYMENT

The State of Washington prefers to utilize electronic payment in its transactions. The Apparent Successful

Contractor will be provided a form to complete with the contract to authorize such payment method (if applicable).

2.19 INSURANCE COVERAGE

Before using any of said rights granted herein and its own expense, Contractor shall purchase and maintain, [or require its Agent(s)/Subcontractor(s) to purchase and maintain,] the insurance described within Exhibit

G – Sample Services Contract and WA State Department of Natural Resources General Terms and

Conditions 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.

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Form update date: 11.15.19

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 Contractor, 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 Project

Manager. Contractor shall also provide renewal certificates as appropriate during the term of this

Agreement.

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

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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 to read and understand all documents.

3.1 ELECTRONIC SUBMISSION OF BIDS, QUOTATIONS and/or PROPOSALS

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

Bids, quotations and/or proposals must be submitted electronically as an attachment to e-mail to the

Solicitation Coordinator, at the e-mail address listed in Section 1.6 Solicitation Coordinator.

The submitted bid, quotation and/or proposal shall follow the below naming convention:

21-11_IFB_Bidder Name_Proposal

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.

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

Bidders should allow sufficient time to ensure timely receipt of the bid, quotation and/or proposal by the

Solicitation Coordinator. Late bids, quotations and/or proposals 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, quotations and/or proposals and any accompanying documentation become the property of the

Agency and will not be returned.

3.2 BIDDER CHECKLIST

Submit the following applicable documents to the Solicitation 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, quotation and/or proposal as non-responsive. The Agency reserves the right at its sole discretion to waive minor administrative irregularities.

BIDDER CHECKLIST

EXHIBIT A – BIDDER QUOTE FORM

EXHIBIT B – SOLICITATION SPECIFICATION FORM

EXHIBIT C – CERTIFICATIONS AND ASSURANCES FORM

EXHIBIT C – ITEM 7 – EXCEPTIONS TO TERMS AND CONDITIONS

EXHIBIT D – CONTRACTOR CERTIFICATION – WAGE LAW COMPLIANCE

EXHIBIT E – CONTRACTOR CERTIFICATION – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS

EXHIBIT F – POLYCHLORINATED BIPHENYLS (PCB) PREFERENCE

SECTION 3.5 – COST PROPOSAL

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3.3 SPECIFICATIONS

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

3.4 QUALIFICATIONS

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

3.5 COST PROPOSAL

The Bidder shall attach a fully detailed cost proposal in order to be considered responsive to this solicitation.

The cost proposal shall include fully weighted costs for goods delivered or services rendered as requested within.

Costs must be submitted as follows:

Costs must be submitted, as requested and as identified below, on Exhibit A – Bidder Quote Form to be considered responsive to this solicitation.

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.

Costs for Subcontractors are to be broken out separately.

COMPUTATION OF COSTS AND SPECIFICATIONS

The score for the cost proposal (Bidder’s Quote) will be computed by dividing the lowest cost bid, quotation and/or proposal received by the Bidders total cost. Then the resultant number will be multiplied by the maximum possible points for the cost section.

The score for the specifications will be computed by totaling the awarded specification points for each scored item and dividing that by the number of specification points available. The quotient is then multiplied by the maximum total points for the specification section.

PROMPT PAYMENT

Bidders are encouraged to offer a discount for prompt payment of invoices. Please indicate your discount proposal on the submitted cost proposal as outlined in Section 3.5. If awarded by the state, period of entitlement begins only after:

Receipt of a properly completed invoice.

Receipt of all supplies, equipment or services ordered.

Satisfactory completion of all contractual requirements.

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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, quotation and/or proposal best meets the requirements of this solicitation. However, Bidders are encouraged to submit bids, quotations and/or proposals 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 may reject the bid, quotation and/or proposal of any firm who has failed to perform satisfactorily on a previous contract with the state.

Responsive bids, quotations and/or proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any amendments issued. The evaluation of bids, quotations and/or proposals 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, quotation and/or proposal is deemed to be in the best interest of the Agency and the State of Washington.

It is the intent of the Agency to establish a single use contract to purchase handwashing trailers.

4.1 RESPONSIVENESS (PASS / FAIL)

All bids, quotations and/or proposals will be reviewed by the Solicitation 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, quotation and/or proposal as non-responsive.

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

4.2 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), DNR will evaluate bids, quotations and/or proposals 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 E – Contractor Certification – Executive Order

18-03 Worker’s Rights, 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.

4.3 PREFRENCE – POLYCHLORINATED BIPHENYLS (PCBs) (SCORED)

Polychlorinated biphenyls, commonly known as PCBs, have adverse effects on human health and the environment. Accordingly, the Department of Natural Resources is making an environmentally conscience effort to minimize the purchase of products with PCBs and to incentivize its vendors to sell products and products in packaging without them.

WA State Department of Natural Resources Page 18 of 48

Form update date: 11.15.19

Pursuant to RCW 39.26.280 and Washington State Procurement Policy POL-DES-280-00:

A. A preference of 10% will be given to any Bidder who provides evidence as set forth in Exhibit F –

Polychlorinated biphenyls (PCB) Preference that the products and/or product packaging listed

Exhibit A – Solicitation Specifications do not contain PCBs.

B. A preference of 1-5% will be given to any Bidder who provides evidence as set forth in Exhibit F

– Polychlorinated biphenyls (PCB) Preference that the products and/or product packaging listed

Exhibit B – Solicitation Specifications contain low levels of PCBs.

The method for testing products and/or packaging for PCBs must be per the U.S. Environmental Protection

Agency (EPA) Analytical Method 1668c. Testing usually takes approximately fifteen (15) calendar days to process, which should be considered when applying the preference to meeting delivery deadlines.

For this solicitation, the PCBs Risk Calculator estimates this product as LOW risk.

PCBs preference will be applied to the scoring matrix based on gradation evaluation as follows:

POINTS* PCBS PREFERENCE APPLIED

10 TESTED, NO PCBS

5 TESTED, LOWEST LEVEL OF PCBS

4 TESTED, 2ND LOWEST LEVEL OF PCBS

3 TESTED, 3RD LOWEST LEVEL OF PCBS

2 TESTED, 4TH LOWEST LEVEL OF PCBS

3 TESTED, 5TH LOWEST LEVEL OF PCBS

1 TESTED, 6TH LOWEST LEVEL OF PCBS AND BEYOND

0 NOT TESTED

*actual points are based on percentage of total scoring – based on a 100-point total scoring.

4.4 ORAL PRESENATIONS MAY BE REQUIRED (SCORED)

The Agency, at its sole discretion, may elect to select the top-scoring firms as finalists for an oral presentation. Should oral presentations become necessary, the Agency will contact the top-scoring firm(s) from the written evaluation to schedule a time and location to hold the oral presentation on the date as outlined on the Schedule of Activities and any amendments. Commitments made by the Bidders at the oral presentation, if any, will be considered binding.

☒ The oral presentations are NOT required under this solicitation.

OR

☐ The oral presentation shall determine the Apparent Successful Contractor.

OR

☐ The score from the written evaluation and the oral presentation combined together will determine the Apparent Successful Contractor.

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4.5 EVALUATION WEIGHTING AND SCORING

CRITERIA MAXIUM POINTS

RESPONSIVENESS

SECTION 4.1 – RESPONSIVENESS PASS/FAIL

SPECIFICATIONS

EXHIBIT B SOLICITATION SPECIFICATIONS FORM – REQUIRED/PREFERRED 40

QUALIFICATIONS

EXHIBIT B SOLICITATION SPECIFICATIONS FORM – CURRENT/FORMER

STATE EMPLOYEE

PASS/FAIL

EXHIBIT B SOLICITATION SPECIFICATIONS FORM – REFERENCES PASS/FAIL

EXHIBIT B SOLICITATION SPECIFICATIONS FORM – EXPERIENCE 10

COST PROPOSAL

SECTION 3.5 – TOTAL COST 50

SUB-TOTAL 100

PREFERENCES

SECTION 4.2 – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS 5

SECTION 4.3 – PCBS 10

TOTAL POSSIBLE w/PREFERENCES 115

ORAL PRESENTATIONS schedule– if applicable

SECTION 4.4 – ORAL PRESENTATIONS NA

TOTAL POSSIBLE POINTS w/ORAL PRESENTATIONS 115

WA State Department of Natural Resources Page 20 of 48

Form update date: 11.15.19

5. SOLICITATION EXHIBITS

EXHIBIT A – Bidder Quote Form

EXHIBIT B – Solicitation Specification Form

EXHIBIT C – Certifications and Assurances Form

EXHIBIT D – Contractor Certification – Wage Law Compliance

EXHIBIT E – Contractor Certification – Executive Order 18-03 Worker’s Rights

EXHIBIT F – Polychlorinated Biphenyls (PCB) Preference

EXHIBIT G – Sample Services Contract and WA State Department of Natural Resources General Terms and Conditions

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Form update date: 11.15.19

EXHIBIT A – BIDDER QUOTE FORM

1. BIDDER INFORMATION:

BUSINESS NAME:

NAME OF AUTHORIZED

REPRESENTATIVE:

ADDRESS:

CITY: STATE: ZIP:

CELL PHONE:

OFFICE PHONE:

E-MAIL:

TIN (TAX IDENTIFICATION NUMBER):

INTERNAL REVENUE SERVICE

WA UBI (Unified Business Identifier):

WA DEPARTMENT OF LICENSING

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.

2. BIDDER COST PROPOSAL:

*COST OF GOODS/SERVICES AS OUTLINED

ON EXHIBIT A – SOLICITATION

SPECIFICATIONS FORM:

FREIGHT: $

SUB-TOTAL: $

**SALES TAX:

WA DEPARTMENT OF REVENUE

BASED ON DELIVERY ADDRESS

$ LOCATION CODE:

COMBINED TAX RATE %:

TOTAL COST: $

PROMPT PAYMENT DISCOUNT:

30 DAYS

*ATTACH A DETAILED COST SHEET IF NECESSARY.

**VISIT WA DEPARTMENT OF REVENUE TO OBTAIN THE LOCATION CODE AND THE MOST CURRENT COMBINED TAX RATE %.

SIGNATURE OF AUTHORIZED PERSON DATE

RETURN FORM TO: SOLICITATION COORDINATOR WITH YOUR BID, QUOTATION, OR PROPOSAL AS INDICATED WITHIN.

https://www.irs.gov/individuals/international-taxpayers/taxpayer-identification-numbers-tin https://dor.wa.gov/doing-business/register-my-business https://dor.wa.gov/doing-business/register-my-business https://dor.wa.gov/get-form-or-publication/forms-subject/local-sales-use-tax-rates-citycounty https://dor.wa.gov/get-form-or-publication/forms-subject/local-sales-use-tax-rates-citycounty

WA State Department of Natural Resources Page 22 of 48

EXHIBIT B – SOLICITATION SPECIFICATION FORM

This specification list is to describe the minimum technical specifications for the trailers in the

SOLICITATION.

It is not the intent of the Agency to mention every minor detail of the product. The trailers, internal components, plumbing and attachments will be new (unused) and be the most current production model made for use in the United States. All bidders will provide complete links to manufacturer’s specifications for the DNR to establish whether the proposed product and services meet the quality and performance established by the standard of quality in this solicitation.

The trailers, together with any additional/optional components purchased, shall be assembled, adjusted, and prepared for use by the manufacturer or an authorized dealer prior to delivery.

Should any discrepancies exist within these specifications, the discrepancies shall be referred to the DNR

Solicitation Coordinator, whose decision shall be final.

SPECIFICATIONS - REQUIRED (SCORED)

All Bidders are REQUIRED to check each box verifying that the product and/or service meets the required specification identified.

CHECK FOR

VERIFICATION

REQUIRED SPECIFICATION(S)

Standard of Quality

☐ 18’ self- contained enclosed cargo trailer hand wash trailer unit. Bidders must include draft design drawings showing detail of the unit, interior, equipment and accessory layout for evaluation of design.

☐ Unit shall be equipped with a minimum of 12 sinks total, 6 on each side of trailer accessed from a fold-up outside door(s) on each side of trailer. A “trough” style sink on each side will not be accepted.

☐ The unit shall be of a heavy-duty commercial type design to provide maximum maneuverability and stability during transport and operations on unimproved ground

☐ Unit build and installed appliances and equipment shall meet or exceed all applicable SAE and UL specifications and be in accordance with all Federal and

Washington State Safety & Health regulations and laws.

☐ Unit shall be fully enclosed and sealed when in transit to avoid road spray, dust, etc. from entering sink areas.

☐ Sinks and Faucets shall be mounted and sealed to allow cleaning and sanitizing.

☐ Equipment (including the interior of cabinets or compartments), walls, corners, ceilings, and floors shall be easily accessible and have easily cleanable surfaces. Equipment surfaces shall be free of channels, crevices, flanges, ledges, sharp or jagged edges and other cleaning obstructions.

☐ Sink counter surfaces shall be constructed of smooth stainless sheeting to allow easy cleaning and sanitizing. These surfaces must be free of cracks, cuts and other obstructions.

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Form update date: 11.15.19

☐ Wood surfaces are not permitted in the sink area or trailer exterior.

☐ Utility and service lines shall not obstruct or prevent cleaning of floors, walls and ceilings. Service lines should not be unnecessarily exposed.

☐ All walls and ceilings shall be covered in smooth stainless steel sheeting. All junctures where floors and walls meet shall be covered. All seams, cracks and junctures where walls and ceiling meet shall be sealed.

☐ All plumbing equipment shall preserve potable water quality throughout the unit and peripheral equipment where potable water is stored and used. No galvanized pipe, fittings, or fixtures are allowed. Space around pipes, conduits or hoses that extend through cabinets, floors or outer walls shall be sealed.

☐ All equipment, installations and service is required to meet current Federal, State and local laws or regulations, the National Electric Code (NEC), the

Uniform Plumbing Code (UPC), Federal and State potable water codes, Occupational Safety and Health Administration (OSHA), Food and Drug

Administration Food Code, National Restaurant Association Standard (NRA), National Sanitation Foundation Standards (NSF), and other contractual requirements. The standards of Washington State Labor and Industries (L&I), and State Department of Health must be met along with all rules that apply to a mobile hand-wash unit.

Trailer Chassis

☐ Unit shall be a new tandem axle, 18’ length, DOT and NHTSA compliant enclosed cargo trailer.

☐ Unit height shall not exceed 108” when measured from the ground to the highest point, excluding roof vents.

Unit width shall be a maximum of 102”.

☐ Unit minimum GVWR 7,000lbs. Maximum GVWR 10,000lbs. GVWR dependent upon the weight of a fully loaded trailer. Completely loaded trailer (water tanks, etc.) should not exceed 90% of GVWR.

☐ Unit shall have “crank” style roof vents in water tank and mechanical area.

☐ No wood should be used in the construction of the unit chassis or wall frame structure.

☐ Exterior finished surface shall be primed and painted with a durable white colored paint coating.

☐ Unit shall be equipped with adequate reflectors, 12 volt LED clearance, stop, turn signal and brake lights to meet or exceed US DOT and NHTSA requirements. Non-LED lighting is not acceptable.

☐ Exterior Accessory 12 volt lighting of LED design shall be installed to provide lighting on the unit front, exterior rear, curbside and roadside of the unit for operations after dark.

☐ Unit axles will be equipped with 4-wheel electric brakes with auxiliary battery powered break-away.

☐ Unit shall be equipped with stabilizer jacks on all four corners.

☐ Trailer will have a 2 5/16 ball mount. Pintle type hitches will not be accepted.

☐ The tank and mechanical area will be accessed by door(s) on the rear of the trailer.

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Form update date: 11.15.19

Unit Interior/Sink Area

☐ The unit shall have 12 sinks w/stainless steel mirrors. Six on each side.

☐ Faucets will be metered with each sink having exterior access to plumbing.

☐ All unit interior work surfaces, walls and ceiling shall be covered with smooth stainless steel sheeting.

☐ There shall be a minimum of one paper towel dispenser and one liquid soap dispenser for every two sinks.

☐ Interior floor shall be of diamond plate aluminum construction.

☐ Interior joints shall be sealed with non-porous sealant and shall accommodate frequent sanitizing and cleaning.

☐ All sinks, racks, and equipment shall be attached securely to the interior floor or walls to prevent movement and shifting while the unit is in transit.

Electrical/Pumps/Water Heater System

☐ The unit exterior mounted, 110 VOLT, 60hz auxiliary power generator connection shall be located on the front left (roadside) of the unit.

☐ The exterior fixed electrical connector plug shall be a 50 amp, twist lock, single phase male generator connection, with a weather proof cap.

☐ All AC electrical outlets shall be GFCI protected.

☐ 1 each weather proof, outdoor covered type, GFCI protected 110 volt duplex outlets shall be mounted on the exterior curbside of the unit.

1 GFCI 110V electrical outlet will be mounted in the pump/mechanical area.

☐ Water Pumps shall be 12V. Unit must be equipped with enough pumps to run full faucet flow at all faucets simultaneously.

☐ The unit shall be equipped with an 110V Electric Water Heater: Size per manufacturer recommendation.

☐ Pump/Mechanical room will have sufficient lighting.

☐ The unit will have a battery shut-off switch on the tongue of the trailer.

Propane Supply

☐ The unit shall be equipped with a liquid propane…