HQ022025 PCC System Materials-Rail & OTM.pdf

Request for Quote (RFQ)

Solicitation Title 2025 PCC System Materials – Rail & OTM

Date Posted 3/21/2025

Solicitation Number

HQ022025

Bid Due Date and Time 4/8/2025 4:00 PM (Pacific)

Procurement Coordinator Name: Carolyn Simmonds

Email Address: rail@wsdot.wa.gov Phone Number: (360) 705-7992

Fax Number: (360) 705-6821

Mailing Address (USPS Only) Washington State Department of Transportation

P.O. Box 47407 Olympia, WA 98504-7407

Physical Address Washington State Department of Transportation

310 Maple Park Avenue SE, Room 3D3 Olympia, WA 98501

The Procurement Coordinator is the SOLE POINT OF CONTACT for this solicitation. All communication between suppliers and WSDOT shall be with the Procurement Coordinator only.

ACQUISITION AUTHORITY:

The Washington State Department of Transportation (WSDOT) issues this Request for Quote (RFQ) acting under the authority of the Revised Code of Washington chapter 39.26 RCW, which regulates the manner in which state agencies may acquire general goods and services.

DESCRIPTION OF REQUIREMENT:

WSDOT Headquarters is seeking bids for Rail and OTM. Vendors may choose to bid on one or multiple materials and will not be disqualified from bidding if they are unable to supply one or more materials listed on the RFQ. The material must meet the following specifications:

MATERIAL REQUIREMENTS:

Rail Supplied rail shall be 115-LB RE, new standard or industrial strength per AREMA Volume 1, Chapter 4, Part 2, in 80’ nominal lengths, not exceeding 10% shorts. Rail ends will be drilled standard 3x6x6 inch punch and beveled. Rail shall be controlled cooled and meet the chemical composition and surface hardness requirements found in AREMA Volume 1, Chapter 4, Part 2.

The vendor shall supply a Manufacturer’s Certificate of Compliance and mill certifications for new rail.

Joint Bars New joint bars shall be 6-hole, 36 inches in length and conform to AREMA Volume 1, Chapter 4, Part 3, Section 3.4 "Specifications for Quenched Carbon-Steel". Bars shall conform to AREMA’s recommended hole punch pattern, non-headfree, for 1 inch track bolt assemblies. The vendor shall supply a Manufacturer’s Certificate of Compliance for new joint bars.

Compromise Joint Bars New Compromise joint bars shall be 5-hole 115RE to 90RA and conform to AREMA Volume 1, Chapter 4, Part 3, Section 3.4 "Specifications for Quenched Carbon-Steel". Bars shall conform to AREMA’s recommended hole punch pattern, non-headfree, for 1 inch track bolt assemblies. The vendor shall supply a Manufacturer’s Certificate of Compliance for new joint bars.

Tie Plates New standard tie plates shall be double shoulder and conform to AREMA Volume 1, Chapter 5, Part 1, "Tie Plates - Specifications for Steel Tie Plates". Plates shall conform to AREMA standard plan #7 for 5.5 inch rail base. The vendor shall supply a Manufacturer’s Certificate of Compliance and mill certifications for the tie plates.

9030 Anchors Anchors shall be new or relay 9030 drive-on type appropriate for the rail size and shape and conform to AREMA Volume 1, Chapter 5 Part 7 “Rail Anchors”.

115 RE Anchors Anchors shall be new 115 RE Unit V drive-on type appropriate for the rail size and shape and conform to AREMA Volume 1, Chapter 5 Part 7 “Rail Anchors”.

Spikes Track Spikes shall be new 5/8”x6” with reinforced throat and will conform to AREMA Volume 1, Chapter 5, Part 2, Section 2.1 for "Soft Steel Track Spikes". The vendor shall supply a Manufacturer’s Certificate of Compliance and mill certifications for the spikes.

https://app.leg.wa.gov/RCW/default.aspx?cite=39.26

Nuts & Bolts Track Bolts and Square Nuts shall be new and conform to AREMA Volume 1, Chapter 4, Part 3, Section 3.5 "Specifications for Heat-Treated Carbon Steel Track Bolts and Carbon Steel Nuts".

Bolts and nuts shall be a minimum Grade 5. The vendor shall supply a Manufacturer’s Certificate of Compliance and mill certifications for the nuts & bolts.

Spring Washers Spring washers shall be new and conform to AREMA Volume 1, Chapter 4, Part 3, Section 3.6 "Specifications for Spring Washers". The vendor shall supply a Manufacturer’s Certificate of Compliance and mill certifications for the spring washers.

Lag Screws Lag screw type fasteners shall be new twin lead "Camcar" style that have the square/recessed torx head. The shaft diameter shall be 5/8 inch, 12 inch length with minimum nominal thread length of 4 ½ inches. The finish shall be plain or galvanized. The vendor shall supply a Manufacturer’s Certificate of Compliance and mill certifications for the lag screws.

Switch Stands Switch stands shall be new Racor 22EH type featuring a high mast and target. Switch stands must include a 5-foot adjustable connecting rod and screw eye per each stand.

Gage Rods Gage rods shall be non-insulated double ended with two jaws, two nuts and two washers on both ends of the rod. Gage rods will be 1-1/4 inch diameter to fit all tee rail sections 70lb and above on a standard 56-1/2 inch gage.

Switch Frogs Switch frogs shall be new 115 RE, rail bounded manganese (RBM), blank ends and meet dimensions and specifications as listed in the RFQ.

Specifically, a quote for the requested material must be provided on the Request for Quotation forms (3) included in this solicitation package with delivery location as stated on the RFQ forms.

Delivery Terms:

Materials purchased through this RFQ are to be delivered to three (3) locations; see below. Material quantities are shown in the Request for Quotation / Invitation to Bid sheet. Materials will be delivered 90 days upon receipt of purchase order. Material lead-times may be extended if requested by vendor and written approval is provided by purchaser. Rail may be quoted for delivery via railcar or truck.

WATCO

710 N Lake St Colfax, WA 99111

Spokane, Spangle & Palouse Railway 417 South Park Avenue Rosalia, WA 99170

Washington Eastern Railroad 9025 S Craig Rd Cheney, WA 99004

Freight to be included in bid prices.

VENDOR QUESTIONS:

Any questions related to this procurement must be submitted in writing, via email, to the WSDOT Rail, Freight, and Ports Division at rail@wsdot.wa.gov no later than 4:00 P.M. Pacific Time, March 28, 2025.

Questions will be responded to, via addendum to the original solicitation, no later than 4:00 P.M. Pacific Time on March 31, 2025.

BID RESPONSE TO INCLUDE:

Response package shall include the following:

• Completed and signed Request for Quotation (RFQ) forms (3)

• Signed Contractor Certification Wage Theft Prevention – Responsible Bidder Criteria

Washington State Goods & Services Contracts

• Signed Bidder Certifications and Assurances Form

BID SUBMITTAL:

Vendors wishing to submit a quote must do so no later than 4:00 P.M. Pacific Time, April 8, 2025.

Quotes must be submitted on the provided Request for Quotation forms and must be signed to be accepted.

Quotes may be submitted to WSDOT via email at rail@wsdot.wa.gov (preferred), U.S. Postal Service, common carrier, or hand delivered, at the addresses provided below. Regardless of the delivery method used, it is the responsibility of the vendor to ensure the solicitation response is received by the Procurement Coordinator on or before the designated deadline.

• To hand deliver or submit via Common Carrier (UPS, Fed Ex, USPS, etc.) deliver to:

WSDOT

Attn: Procurement Coordinator 310 Maple Park Avenue SE, Room 3D3 Olympia, WA 98501-2348 Please reference quote number HQ022025 on the outside of the mailing envelope

BID OPENING:

After bid opening, bids will be checked for correctness of bid item price extensions and the total bid price.

A discrepancy between a bid item price and the extended amount of any bid item shall be resolved by accepting the bid item price as stated.

If two or more responsible Vendors submit responsive bids with identical low total bid prices, WSDOT will select the successful vendor in a public forum using a random selection process.

WSDOT will announce their intent to award for this solicitation no sooner than 4:00 P.M. Pacific Time, April 15, 2025, via an email to all respondents.

WSDOT will announce a formal award for this solicitation no sooner than 4:00 P.M. Pacific Time, April 22, 2025, via the Washington Electronic Business Solution (WEBS).

WSDOT Complaint, Debrief, and Protest Procedures and Policy apply (attached).

mailto:rail@wsdot.wa.gov mailto:rail@wsdot.wa.gov

SOLICITATION TIMELINE:

Date Issued Friday, March 21, 2025 Question Period Ends Friday, March 28, 2025 4:00 PM Pacific Time Answers Provided Monday, March 31, 2025 4:00 PM Pacific Time Complaint Period Ends Tuesday, April 1, 2025 4:00 PM Pacific Time Bids Due Tuesday, April 8, 2025 4:00 PM Pacific Time Bid Review Friday, April 11, 2025 Apparent Successful Vendor Announced

Tuesday, April 15, 2025 4:00 PM Pacific Time

Debrief Period Ends Friday, April 18, 2025 4:00 PM Pacific Time Protest Period Ends Friday, April 18, 2025 4:00 PM Pacific Time Award announced and purchase order sent to Vendor

Tuesday, April 22, 2025 4:00 PM Pacific Time

Changes to the Solicitation Timeline, if necessary, will be announced via an addendum posted to the Washington Electronic Business Solution (WEBS) website.

Terms and Conditions The following terms and conditions apply in accordance with Washington State Laws and Regulations, and the Washington State Department of Enterprise Services, which are hereby incorporated by reference.

RIGHT TO CANCEL

WSDOT reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

CHANGES

No alteration in any of the terms, conditions, delivery, price, quality, quantities, or specifications of an order resulting from this Solicitation will be effective without prior written approval of WSDOT.

ACCEPTANCE

This RFQ and any order resulting from this Solicitation expressly limits acceptance to the terms and conditions stated herein. Any terms proposed by Vendor are objected to and hereby rejected, unless otherwise provided for in writing by WSDOT.

RESPONSIVENESS

WSDOT reserves the right to determine the Vendor’s compliance with the requirements specified in this RFQ and to waive informalities in a bid. Informality is an immaterial variation from the exact requirements of the competitive RFQ. An immaterial variation is one that has no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies 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 the procurement. WSDOT reserves the right to determine whether a requirement is merely informality.

RESPONSIBILITY

WSDOT reserves the right to make reasonable inquiry to determine the responsibility of any Vendor.

Requests may include, but not limited to, financial statements, credit ratings, references, record of past performance, clarification of Vendor’s offer, and on-site inspection of Vendor’s or subcontractor’s facilities. Failure to respond to these requests may result in a bid being rejected as non-responsive.

REJECTION

All goods or materials purchased herein are subject to written approval by WSDOT. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by WSDOT or returned will be at Vendor’s risk and expense.

INFRINGEMENTS

Vendor agrees to protect and save harmless WSDOT against all claims, suits, or proceedings for patent, trademark, copyright, or franchise infringement arising from the purchases, installation, or use of goods and materials resulting from this Solicitation. Vendor assumes all expenses and damages arising from such claims, suits, or proceedings.

WARRANTIES

Vendor warrants that items supplied as a result of this solicitation conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for the particular purpose.

LIENS, CLAIMS AND ENCUMBRANCES

Vendor warrants and represents that all the goods and materials ordered as a result of this Solicitation herein are free and clear of all liens, claims, or encumbrances of any kind.

SAVE HARMLESS

Vendor shall protect, indemnify, and save WSDOT harmless from and against any damage, costs, or liability for any injuries to persons or property arising from acts or omissions of Vendor, his employees, agents, or subcontractors, howsoever caused.

ANTI-TRUST

Vendor and WSDOT recognize that in actual economic practice, overcharges resulting from anti-trust violations are in fact borne by WSDOT. Therefore, Vendor hereby assigns to WSDOT any and all claims for such overcharges.

DEFAULT

WSDOT may terminate any order or contract resulting from this Solicitation, without penalty or further liability, upon less than thirty (30) days prior written notice to Vendor, if Vendor defaults on any provision of the order or contract and fails to cure such default within that thirty (30) day period, or such longer period, as may be reasonably determined by WSDOT, if Vendor is diligently working to cure the default.

CONTRACT TERMINATION FOR CAUSE

In the event WSDOT, in its sole discretion, determines that the Vendor has failed to comply with the conditions of this Contract in a timely manner or is in material breach, WSDOT has the right to suspend to terminate this Contract, in part of in whole. WSDOT shall notify the Vendor in writing of the need to take corrective action. If corrective action is not taken within thirty (30) calendar days or as otherwise specified by WSDOT, or if such corrective action is deemed by WSDOT to be insufficient, the Contract may be terminated. WSDOT reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit the Vendor from incurring additional obligations of funds during investigation of the alleged breach and pending corrective action by the Vendor or a decision by WSDOT to terminate the Contract. In the event of termination, WSDOT shall have the right to procure for all purchasers any replacement materials, supplies, services, and/or equipment that are the subject of this contract on the open market. In addition, the Vendor shall be liable for damages as authorized by law, including but not limited to any price difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time.

If it is determined that: (1) the Vendor was not in material breach; or (2) failure to perform was outside of Vendor’s or its subcontractor’s control, fault, or negligence, the termination shall be deemed to be a “termination for convenience.” The rights and remedies of WSDOT and/or the Purchaser provided in this Contract are not exclusive and are in addition to any other rights and remedies provided by law.

CONTRACT TERMINATION FOR CONVENIENCE

Except as otherwise provided in this Contract, WSDOT, at the sole discretion of WSDOT, may terminate this Contract, in whole or in part by giving thirty (30) calendar days or other appropriate time period written notice beginning on the second day after mailing to the Vendor. If this Contract is so terminated, purchasers shall be liable only for payment required under this Contract for properly authorized services rendered, or materials, supplies, and/or equipment delivered to and accepted by the Purchaser prior to the effective date of Contract termination. If terminated, WSDOT shall have no obligation whatsoever to the Vendor for such termination. This Termination for Convenience clause may be invoked by WSDOT when it is in the best interest of the state of Washington.

CONTRACT TERMINATION BY MUTUAL AGREEMENT

WSDOT and the Vendor may terminate this Contract in whole or in part, at any time, by mutual agreement.

ATTORNEY’S FEES

In the event of controversy, claim, or dispute arising out of any order or Contract resulting from this Solicitation for which the Vendor is adjudged by a court of competent jurisdiction to be at fault, the Vendor shall pay to WSDOT all attorney’s fees, costs, and expenses incurred by WSDOT in connection therewith.

ADD-ON

By mutual written agreement, additional quantities of items may be purchased within twelve (12) months of the date of award provided the original purchase price, terms, conditions, and specifications remain the same. Add-on purchases shall be submitted to the Vendor using a WSDOT Purchase Order and shall reference the original contract or purchase order.

PRICING – INCLUDE ALL COST COMPONENTS IN PRICING

Vendors must identify and include all elements of recurring and non-recurring costs in their pricing.

Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, wiring and supplies needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, testing and initial instruction to agency personnel, warranty work and maintenance of the products/services, handling charges such as packing, wrapping, bags, containers, reels, and any processing fees associated with credit card payment.

Notwithstanding the foregoing, in the event that market conditions, laws, regulations, or other unforeseen factors dictate, at WSDOT’s sole discretion, additional charges may be allowed during the contract term.

PURCHASE CARD ACCEPTANCE

It is not mandatory that Vendors accept the credit card payment; however, WSDOT encourages Vendors to consider this alternate payment process. Any processing fees associated with the purchasing card must be included in the product pricing and not as a separate fee.

IDENTIFICATION

All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. Packing lists shall be included with each shipment pursuant to this order, indicating the contents of each package therein.

CASH DISCOUNT

In the event WSDOT is entitled to a cash discount, the period of computations will commence on the date of delivery or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is made part of the contract but the invoice does not reflect the existence of a cash discount, WSDOT is entitled to a cash discount with the period commencing on the date it is determined by WSDOT that a cash discount applies.

PAYMENTS AND ASSIGNMENTS

Invoices will not be processed for payment until invoices are received. WSDOT will not honor drafts nor accept goods on a sight draft basis. Furthermore, the provisions or monies due under this contract shall only be assignable with prior written approval of WSDOT.

STATEWIDE VENDOR PAYMENT REGISTRATION

Vendors are required to be registered in the Statewide Vendor Payment system, prior to submitting a request for payment under this procurement. Purchasers who are Washington state agencies require registration to be completed prior to payment.

The Washington State Office of Financial Management (OFM) maintains a central vendor registration file for Washington State agencies to process Vendor payments. To obtain information and registration materials visit the Receiving Payments from the State website. Registration may take up to four (4) weeks.

COLLECTION OF RETAIL SALES AND USE TAXES

In general, Vendors engaged in retail sales activities within the state of Washington are required to collect and remit sales tax to the Department of Revenue (DOR). In general, out-of-state Vendors must collect and remit “use tax” to DOR if the activity carried on by the seller in the state of Washington is significantly associated with Vendor’s ability to establish or maintain a market for its products in Washington state. Examples of such activity include where the Vendor either directly or by an agent or other representative:

• Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business;

• Maintains an in-state inventory or stock of goods for sale;

• Regularly solicits orders from Purchasers located within the state of Washington via sales representatives entering the state of Washington;

• Sends other staff into the state of Washington (e.g. product safety engineers, etc.) to interact with

Purchasers in an attempt to establish or maintain market(s); or

• Other factors identified in WAC 458-20.

https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/vendor-payee-registration https://dor.wa.gov/ https://apps.leg.wa.gov/wac/default.aspx?cite=458-20

DEPARTMENT OF REVENUE REGISTRATION FOR OUT-OF-STATE VENDORS

Out-of-state Vendors meeting any of the above criteria must register and establish an account with the Department of Revenue. Refer to WAC 458-20-193, and call the Department of Revenue at 360-705-6705 for additional information. When out-of-state Vendors are not required to collect and remit “use tax,” Purchasers located in the state of Washington are responsible for paying this tax, if applicable, directly to the Department of Revenue.

WASHINGTON’S PUBLIC RECORDS ACT - PUBLIC RECORDS DISCLOSURE REQUESTS

All documents (written and electronic) submitted to WSDOT as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See RCW 42.56, Public Records Act. WSDOT strongly discourages bidders from unnecessarily submitting sensitive information (e.g., information that you might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

If, in bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

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

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

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

For documents marked ‘sensitive’ or for documents where WSDOT either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, WSDOT will notify the bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that WSDOT 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 WSDOT from such disclosure.

In the event bidder fails to timely file a motion for a court order enjoining such disclosure, WSDOT 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.

https://apps.leg.wa.gov/wac/default.aspx?cite=458-20-193

GIFTS

The Vendor shall comply with all applicable sections of the State Ethics law, chapter 42.52 RCW, which regulates gifts to State officers and employees. Under that statute, any State officer or employee who has or will participate with the Vendor regarding any aspect of the Contract involving the purchase of goods or services is prohibited from seeking or accepting any gift, gratuity, favor, or anything of economic value from the Vendor. Neither the Vendor not any agent or representative shall offer anything of economic value as a gift, gratuity, or favor, directly or indirectly, to any such officer or employee.

TITLE VI NOTICE TO THE PUBLIC

It is WSDOT’s policy to assure that no person shall, on the grounds of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its programs and activities. Any person who believes his/her Title VI protection has been violated may file a complaint with WSDOT’s Office of Equity and Civil Rights (OECR). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OECR’s Title VI Coordinator at 360-705-7090.

NONDISCRIMINATION

a. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.

b. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).

c. Default. Notwithstanding any provision to the contrary, WSDOT may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until WSDOT receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), WSDOT may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.

d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under chapter 49.60 RCW. WSDOT shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe WSDOT for default under this provision.

https://app.leg.wa.gov/RCW/default.aspx?cite=42.52

AMERICANS WITH DISABILITIES ACT (ADA) INFORMATION

This material can be made available in an alternate format by emailing the WSDOT Office of Equity and Civil Rights at wsdotada@wsdot.wa.gov or by calling toll free, 855-362-4ADA (4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711.

IMBEDDED INTERNET URLS

WSDOT Standard Specifications http://www.wsdot.wa.gov/Publications/Manuals/M41-10.htm

Statewide Vendor Number https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services

Receiving Payments from the State https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/vendor-payee-registration

Department of Revenue http://dor.wa.gov/

WAC 458-20: https://apps.leg.wa.gov/WAC/default.aspx?cite=458-20

WAC 458-20-193: https://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-193

WSDOT Public Disclosure:

https://wsdot.wa.gov/about/contacts/public-disclosure

COMPLAINT, REQUEST FOR DEBRIEF, AND PROTEST PROCESS

The purpose of these instructions is to provide a clear and transparent process for vetting issues or concerns with the Washington State Department of Transportation (WSDOT) competitive procurement solicitations. All WSDOT competitive solicitations will be posted in the Washington Electronic Business Solution (WEBS) and will include these instructions.

Complaints, requests for debrief, and protests will be:

• In writing; and delivered either in person, by USPS, courier, or email to the Procurement Coordinator identified on the cover page of the solicitation.

• Signed by the complaining or protesting Bidder, unless sent by email.

• Submitted and delivered within the time frame outlined in this document.

• Identified with the WSDOT solicitation number.

• Identified as “Complaint”, “Request for Debrief”, or “Protest” in the subject line of the correspondence or email.

mailto:wsdotada@wsdot.wa.gov http://www.wsdot.wa.gov/Publications/Manuals/M41-10.htm https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/vendor-payee-registration https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/vendor-payee-registration http://dor.wa.gov/ https://apps.leg.wa.gov/WAC/default.aspx?cite=458-20 https://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-193 https://wsdot.wa.gov/about/contacts/public-disclosure

COMPLAINT PROCESS

The complaint process is available to bidders with unresolved issues or concerns that were not resolved during the question and answer period of the solicitation. Every attempt should be made to address and resolve issues or concerns during the question and answer period.

A complaint must be received by the Procurement Coordinator, not less than five (5) business days prior to the deadline for bid submission. The Procurement Coordinator’s name, PO Box, physical address, and email address will be listed on the cover page of the solicitation.

GROUNDS FOR COMPLAINT

To be considered, complaints may be based only on the following:

• The solicitation unnecessarily restricts competition;

• The solicitation evaluation or scoring process is unfair or flawed; or

• The solicitation requirements are inadequate or insufficient to prepare a response.

COMPLAINT CONTENT

The complaint shall include:

• The legal name of the Business, mailing address, phone number, email address, and the name of the individual submitting the complaint.

• The solicitation document name and number and reference to WSDOT as the issuing agency.

• Specific and complete statement of WSDOT action that is the subject of the complaint.

• Facts and arguments.

• Specific reference to the basis for the complaint.

• Description of the relief or corrective action requested.

COMPLAINT REVIEW PROCESS

The Procurement Coordinator will consider all the facts available after receiving a complaint.

The Procurement Coordinator will send the response to the complaint directly to the Vendor and post the complaint and the response in WEBS prior to bid submission deadline.

If additional time is needed to provide a response to the complaint and it affects the bid submission deadline, the Procurement Coordinator will extend the bid submission date with an amendment to the solicitation.

The WSDOT response to the complaint is final and not subject to appeal or protest.

DEBRIEF CONFERENCE (PROTEST PRECONDITION)

Following the announcement of the Apparent Successful Bidder, a Bidder who submitted a responsive bid may request a debrief conference. A debrief conference provides an opportunity for a Bidder to discuss their bid and evaluation with the Procurement Coordinator.

REQUEST FOR DEBRIEF CONFERENCE

The request for a debrief conference must be made via email to the Procurement Coordinator at the email address listed on the cover page of the solicitation. Subject line must include “Request for Debrief”. The request for a debrief must be received by the Procurement Coordinator within three (3) business days after the announcement of the Apparent Successful Bidder.

LOCATION OF DEBRIEF CONFERENCE

A debrief conference may be conducted in person at a designated WSDOT facility, or by telephone, as determined by the Procurement Coordinator, and may be limited by WSDOT to a specified period of time.

The failure of a Bidder to timely request and attend a debrief conference shall constitute a waiver of the right to submit a protest.

PROTEST PROCESS

The protest process is available only to a Bidder who submitted a responsive bid.

The protest period begins the first business day after the protesting Bidder has attended a debrief conference. For a protest to be considered it must be submitted and received by the Procurement Coordinator within five (5) business days after the debriefing conference.

GROUNDS FOR PROTEST

To be considered, protests may be based only on the following:

• Bias, discrimination, or conflict of interest on the part of an evaluator;

• Errors in computing the scores; or

• Non-compliance with procedures described in the solicitation document, Department of

Enterprise Service’s policy, or applicable State or Federal laws or regulations.

PROTEST CONTENT

A protest shall contain the facts and arguments upon which the protest is based and shall be signed by a person authorized to bind the Bidder to a contractual relationship.

At a minimum, the protest shall include the following information:

• Business Name, mailing address, phone number, email address, and protesting Bidder’s name.

• Solicitation document name, number, and reference to WSDOT as the issuing agency.

• Specific and complete statement of WSDOT action(s) being protested.

• Specific reference to the grounds for the protest.

• Description of the relief or corrective action requested.

PROTEST AUTHORITY

The Procurement and Materials Coordinator has been delegated as the Protest Authority for WSDOT.

The Procurement Coordinator will forward the protest to the Procurement and Materials Coordinator within one (1) business day.

PROTEST REVIEW PROCESS

The Procurement and Materials Coordinator will assign a neutral party who was not involved in the evaluation and award process of the protested solicitation.

The neutral party will objectively review all protest materials submitted by the Bidder and all other relevant facts known to WSDOT.

The Procurement and Materials Coordinator may request the authority to sign a contract before the protest process is completed from the Director, Department of Enterprise Services, due to exigent circumstances.

PROTEST DECISION

The Procurement and Materials Coordinator will review the recommendation of the neutral party and issue a decision within ten (10) business days of receipt of the protest. If more time is required, the Procurement and Materials Coordinator will notify the protesting Bidder, in writing, of any delay.

The final determination shall:

• Find the protest lacking in merit and uphold the award; or

• Find only technical or harmless errors in the procurement process, determine substantial compliance, and reject the protest; or

• Find merit in the protest and provide options that may include:

o Correct errors and reevaluate all proposals; or o Reissue the solicitation document; or o Make other findings and determine other courses of action as appropriate.

The protest authority’s decision is final, and no appeal process will be allowed.

REFERENCES

• RCW 39.26.170—Procurement of Goods and Services

• Department of Enterprise Services Policy #DES-170-00 (Complaints and Protests) https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.170 https://www.des.wa.gov/policies-legal/complaints-and-protests-des-170-00

Request for Quotation / Invitation to Bid Do Not Return No Bid Responses

SUPPLIER NOTICE: Quotations should be completed in ink and on this form. Unsigned or late quotations will neither be accepted nor returned to the suppliers. Please quote net prices at which you agree to furnish all below goods and services, freight prepaid, FOB destination. Add sales tax as separate item; do NOT include tax in price(s) quoted. The State reserves the right to accept or reject quotations on each item separately or as a whole. By signing below the supplier affirms having read the terms and conditions noted above and those attached: agrees thereto and has stated here on the prices at which he/she shall furnish and deliver. The signature below signifies the name of company principal or his/her agent acting within scope of authority to commit company. Provide unit prices for ALL items identified below.

Multiply by the “estimated usage” quantity shown and insert the total in the “subtotal” column. Caution: Do not leave any Unit Prices blank. Failure to bid prices for all line items specified may result in a bid being rejected for lack of responsiveness. To ensure consideration, your quotation must be received by the “Return Date” shown on this form. If inadequate competition is received or the prices are considered excessive, all quotes may be rejected, and additional suppliers be asked to quote.

Company Name

Address

City State Zip

Return Bid To:

Washington State Department of Transportation 310 Maple Park Ave. SE, Room 3D3 Olympia, WA 98501-2348

Solicitation Number: HQ022025 Date Solicitation Issued: Friday March 21, 2025

(NLT 4:00 PM Pacific Time) Procurement Coordinator: Carolyn Simmonds Date and Time Bids Due: Tuesday, April 8, 2025

(4:00 PM Pacific Time) Email Address: rail@wsdot.wa.gov

Telephone Number: (360) 705-7992

Line item # Part # Description Qty. Unit Unit Price Net Amount

1 New Square Torx Grade 5/8 x 12” Lag Plain Domestic 250 EA

2 New 5/8 x 6” AREMA Track Spikes (100LB Kegs) 40 EA

3 New or Relay 9030 “Drive on” Anchors 200 EA

4 New 115 RE Unit V “Drive on” Anchors 500 EA

5 New No. 9, 115 RE, 9’9” Overall Length with 3” Toe Spread and 9.5” Heel Spread 1 EA

6 New No. 11, 115 RE, 20’ Overall Length with 9.5” Toe Spread and 17” Heel Spread 1 EA

7 New No. 11, 115 RE, 18’6” Overall Length with 6.5” Toe Spread and 12.5” Heel Spread 1 EA

Total Before Tax

FREIGHT TO BE INCLUDED IN BID PRICES / ROSALIA, WA TAX RATE Grand Total with Tax 7.9%

Supplier Will Allow _______ % Discount for payment within 30 Days OR Supplier Will Accept Credit Card for Payment:

Yes No

Supplier guarantees delivery within 90 days after receipt of purchase order to the following address:

Spokane, Spangle and Palouse Railway 417 S Park Ave Rosalia, WA 99170

Delivery Contacts – Give 2 week notice.

Bill Wolff- 360-303-3461

Shipment will be made from __________________________________ via ______________________________________.

Print Name and Title:

Phone:

Federal Tax ID:

Signature_________________________________________________ Date_________________

SUPPLIER NOTICE: Quotations should be completed in ink and on this form. Unsigned or late quotations will neither be accepted nor returned to the suppliers. Please quote net prices at which you agree to furnish all below goods and services, freight prepaid, FOB destination. Add sales tax as separate item; do NOT include tax in price(s) quoted. The State reserves the right to accept or reject quotations on each item separately or as a whole. By signing below the supplier affirms having read the terms and conditions noted above and those attached: agrees thereto and has stated here on the prices at which he/she shall furnish and deliver. The signature below signifies the name of company principal or his/her agent acting within scope of authority to commit company. Provide unit prices for ALL items identified below.

Multiply by the “estimated usage” quantity shown and insert the total in the “subtotal” column. Caution: Do not leave any Unit Prices blank. Failure to bid prices for all line items specified may result in a bid being rejected for lack of responsiveness. To ensure consideration, your quotation must be received by the “Return Date” shown on this form. If inadequate competition is received or the prices are considered excessive, all quotes may be rejected, and additional suppliers be asked to quote.

Company Name

Address

City State Zip

Return Bid To:

Washington State Department of Transportation

Procurement Coordinator: Carolyn Simmonds Date and Time Bids Due: Tuesday, April 8, 2025

(4:00 PM Pacific Time)

1 New Comp Bars 115RE to 90RA Left Hand 3 PAIR

2 New Comp Bars 115RE to 90RA Right Hand 3 PAIR

3 New Racor 22EH High Mast Target Switch Stand W/ 5’ Connecting Rod and Components 10 EA

FREIGHT TO BE INCLUDED IN BID PRICES / COLFAX, WA TAX RATE Grand Total with Tax 7.9%

Supplier Will Allow _______ % Discount for payment within 30 Days OR Supplier Will Accept Credit Card for Payment:

Supplier guarantees delivery within 90 days after receipt of purchase order to the following address:

WATCO

710 N Lake St Colfax, WA 99111

Delivery Contacts – Give 2 week notice.

Sean Crowe 208-790-1754 Tony Starrett 509-595-3017

Shipment will be made from __________________________________ via ______________________________________.

Print Name and Title:

Signature_________________________________________________ Date_________________

SUPPLIER NOTICE: Quotations should be completed in ink and on this form. Unsigned or late quotations will neither be accepted nor returned to the suppliers. Please quote net prices at which you agree to furnish all below goods and services, freight prepaid, FOB destination. Add sales tax as separate item; do NOT include tax in price(s) quoted. The State reserves the right to accept or reject quotations on each item separately or as a whole. By signing below the supplier affirms having read the terms and conditions noted above and those attached: agrees thereto and has stated here on the prices at which he/she shall furnish and deliver. The signature below signifies the name of company principal or his/her agent acting within scope of authority to commit company. Provide unit prices for ALL items identified below.

Multiply by the “estimated usage” quantity shown and insert the total in the “subtotal” column. Caution: Do not leave any Unit Prices blank. Failure to bid prices for all line items specified may result in a bid being rejected for lack of responsiveness. To ensure consideration, your quotation must be received by the “Return Date” shown on this form. If inadequate competition is received or the prices are considered excessive, all quotes may be rejected, and additional suppliers be asked to quote.

Company Name

Address

City State Zip

Return Bid To:

Washington State Department of Transportation

Procurement Coordinator: Carolyn Simmonds Date and Time Bids Due: Tuesday, April 8, 2025

(4:00 PM Pacific Time)

1 New 115-LB RE Rail - 80’ w/10” shorts - Drilled Ends 3x6x6” 115 TONS

2 New 115 RE 6 - Hole Joint Bars - 3x6x6” Punch 160 PAIR

3 New 115 RE 5-1/2” Base D.S Tie Plates 11” Min. 3300 EA

4 New BHON Track Bolts W/nut (50Lb Kegs) 21 KEGS

5 New Double-End Non-Insulated Gage rods (1-1/4” Diameter) 50 EA

6 New Spring Washers 1” (250 Per Bucket) 500 EA

FREIGHT TO BE INCLUDED IN BID PRICES / CHENEY, WA TAX RATE Grand Total with Tax 8.9%

Supplier Will Allow _______ % Discount for payment within 30 Days OR Supplier Will Accept Credit Card for Payment:

Supplier guarantees delivery within 90 days after receipt of purchase order to the following address:

Washington Eastern Railroad 9025 S Craig Rd Cheney, WA 99004

Delivery Contacts – Give 2 week notice.

Matt Keelin 509-590-9873 Chase Kinard 205-616-8806

Shipment will be made from __________________________________ via ______________________________________.

Print Name and Title:

Signature_________________________________________________ Date_________________

CONTRACTOR CERTIFICATION

WAGE THEFT PREVENTION – RESPONSIBLE BIDDER CRITERIA

WASHINGTON STATE GOODS & SERVICES CONTRACTS

Prior to awarding a contract, agencies are required to determine that a bidder is a ‘responsible bidder.’ See RCW 39.26.160(2) & (4). Pursuant to legislative enactment in 2017, the responsible bidder criteria include a contractor certification that the contractor has not willfully violated Washington’s wage laws. See Chap. 258, 2017 Laws (enacting SSB 5301).

Solicitation No.: HQ022025

Procurement Solicitation Dated: March 21, 2025

I hereby certify, on behalf of the firm identified below, as follows (check one):

NO WAGE VIOLATIONS. This firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington 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 RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

OR

VIOLATIONS OF WAGE LAWS. This firm has been determined by a final and binding citation and notice of assessment issued by the Washington 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, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the firm listed herein.

FIRM NAME: _____________________________________________________

Name of Contractor/Bidder – Print full legal entity name of firm

By: ______________________________ Signature of authorized person

Title: ______________________________ Title of person signing certificate

Date: ________________________________

Print Name of person making certifications for firm

Place: ________________________________ Print city and state where signed 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=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 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=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

SOLICITATION NUMBER HQ022025

BIDDER CERTIFICATIONS AND ASSURANCES

Return this form, completed and signed, with bid

Certifications and Assurances We make the following certifications and assurances as a required element of the Response, to which it is attached, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the RFQ are conditions precedent to the award or continuation of the resulting Contract.

1. The prices in this Response have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered. The prices in this Response have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before Contract award unless otherwise required by law. No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. However, we may freely join with other persons or organizations for the purpose of presenting a single Bid or Proposal.

2. The attached Response is a firm offer for a period of forty-five (45) days following the Response Due Date specified in the RFQ and it may be accepted by WSDOT without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the forty-five (45) day period. In the case of protest, our Response will remain valid for forty-five (45) days or until the protest and any related court action is resolved, whichever is later.

3. In preparing this Response, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Response. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

4. We understand that WSDOT will not reimburse us for any costs incurred in the preparation of this Response. All Responses become the property of WSDOT, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Response.