Exhibit E-ContractIssuesList.docx

EXHIBIT E – BIDDER’S CONTRACT ISSUES LIST

(OPTIONAL)

Type/print full legal name of Bidder

INSTRUCTIONS

This Exhibit is optional. Bidders need only to complete and submit this Exhibit IF bidder has issues, concerns, exceptions, or objections to any of the terms or conditions contained in Exhibit D – Contract. In such case, bidder must use this Bidder’s Contract Issues List to identify the same as set forth below.

The Bidder’s Contract Issues List is designed to frame contract discussions, if any, between Washington State Department of Transportation (WSDOT) and bidders regarding the Contract terms and conditions. In completing the Bidder’s Contract Issues List, bidders must:

A. Identify the specific Contract section/subsection that creates a business issue, concern, exception, or objection;

B. Describe, in business terms, the issue, concern, exception, or objection pertaining to the Contract section/subsection;

C. Propose, in business terms, a solution that is reasonable in light of the Competitive Solicitation and the procurement solution being sought by WSDOT; and D. Provide bidder’ reason or rationale supporting bidder’s proposed solution, including how the proposed solution is commercially reasonable for a public contract, benefits both the bidder and the WSDOT and equitably allocates contractual risk and return.

Please be advised. The Contract(s) to be awarded is the result of a Competitive Solicitation developed pursuant to Washington’s Procurement Code for Goods/Services that is designed to meet governmental needs for eligible purchasers. WSDOT endeavors to develop commercially reasonable Contracts that incentivize performance and equitably allocate risk and return based on stakeholder input from eligible purchasers, vendors, procurement professionals, and others. Accordingly:

· Contract revisions, if any, may NOT be bidder-specific, but must apply to all bidders.

· Redlined Documents Will Not Be Reviewed. Do not provide a redlined Contract or sections/subsections. Redlined text may result in WSDOT making potentially inaccurate assumptions regarding bidder’s issue(s). Instead, bidders must follow the instructions set forth above.

· ‘Standard’ Bidder Contracts Will Not Be Reviewed. Do not provide a copy of bidder's (or a third party’s) ‘standard’ contract or contract section. It will not be reviewed.

· No Substantial Changes. Bidders are cautioned that this is a competitive solicitation for a public contract and WSDOT cannot and will not accept a bid or enter into a Contract that substantially changes the material terms and conditions set forth in this Competitive Solicitation and Contract. Bids that are contingent upon [Agency] making substantial changes to material terms and conditions set forth in the Competitive Solicitation or Contract likely will be determined to be non-responsive.

WSDOT will consider the number and nature of the items on Bidder’s Contract Issues List in determining the likelihood of completing a Contract with such bidder.

EXHIBIT E – BIDDER’S CONTRACT ISSUES LIST PAGE 2

(Rev 2022-11-16)

BIDDER’S CONTRACT ISSUES LIST

CONTRACT

SECTION

B

ISSUE DESCRIPTION

C

BIDDER’S PROPOSED SOLUTION

D

BIDDER’S RATIONALE FOR PROPOSED SOLUTION

1.

2.

3.

4.

5.

Return this Bidder’s Contract Issues List to Procurement Coordinator at:

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