IFB 0915 DVA BATHING EQ.doc

Invitation for Bid DVA BATHING EQ 0915

APOLLO BATHING SYSTEM

Invitation for Bid (IFB) DVA BATHING EQ 0915

APOLLO BATHING SYSTEM

The Washington State Department of Veterans Affairs (DVA) issues this Invitation for Bid (IFB) under the authority of the Revised Code of Washington (RCW) 43.19. DVA reserves the right to modify dates and times. Any changes will be sent electronically as Amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this IFB.

To request this information in alternative formats call (360) 725-2206.

Posting Date 09/11/15

Anticipated Award Date 09/25/15 Procurement Coordinator Darwin Kumm

(360) 725-2206

DarwinK@dva.wa.gov Deliver (eMail or Mail) Bids to

DVACOPURCHASING@DVA.WA.GOV

Enter “DVA BATH 0915” in the subject line

Or:

Washington State Department of Veterans Affairs

PO Box 41150

Olympia, WA 98504

Attention:

PURCHASING

IMPORTANT: Bids must be delivered in a sealed package and should have the following information on the outside:

· IFB Number

· Bid Due Date and Time

· Procurement Coordinator’s Name

· Bidder’s Company Name & Address Contents

SUMMARY OF OPPORTUNITY

31.1 Purpose of the IFB

IFB OVERVIEW

32.1 Announcement and Special Information

32.2 Washington’s Electronic Business Solution (WEBS)

42.3 Amendments

42.4 Bidder Communication Responsibilities

42.5 Bidder Responsiveness

52.6 Pricing

52.7 Non-Endorsement & Publicity

52.8 No Costs or Charges

52.9 No Best and Final Offer

52.10 Miscellaneous Expenses

52.11 Dealer Authorization:

52.12

INDEFINITE DELIVERY – INDEFINITE QUANTITY PURCHASES

62.13 Economic and Environmental Goals

PREPARATION OF BIDS

63.1 Bid Submittals (Checklist)

73.2 Format

73.3 Due Date and Time

73.4 Bid Opening

EVALUATION AND AWARD

74.1 General Provisions

84.2 Determination of Responsiveness

84.3 Determination of Responsibility

84.4 Selection of Apparent Successful Bidder

94.5 Award

94.6 Bid Information Availability after Award

CONTRACT FORMATION

95.1 The Contract

95.2 Parties

95.3 Authority to Bind

105.4 Counterparts

APPENDICES

11Competitive Procurement Standards

11Technical Specifications

11Price Sheet

11Bidder Profile

CERTIFICATIONS & ASSURANCES

AUTHORIZED OFFER & CONTRACT SIGNATURE PAGE

1 SUMMARY OF OPPORTUNITY

1.1 Purpose of the IFB

The purpose of this IFB is to facilitate the purchase of Two Apollo WP6000A Advantage Bathing Systems. All special terms, conditions, and technical specifications to be described in upcoming sections.

2 IFB OVERVIEW

2.1 Announcement and Special Information

The IFB, its Appendices, Attachments, Amendments and any incorporated documents will comprise the entire IFB which will become the resulting Contract between DVA and the awarded Contractor when it is countersigned by DVA.

By responding to this IFB, a Bidder acknowledges having read and understood the entire IFB and accepts all information contained within the IFB without modification.

NOTE: The Competitive Procurement Standards is an Appendix to this IFB which consists of general provisions and terms for Solicitations issued by DES. Should a term within the Competitive Procurement Standards conflict with a term elsewhere in the IFB, the latter will prevail.

2.2 Washington’s Electronic Business Solution (WEBS)

Bidders are solely responsible for:

· Properly registering with Washington’s Electronic Business Solution (WEBS) at http://www.ga.wa.gov/webs, and maintaining an accurate Vendor profile in WEBS.

· Downloading the IFB packet consisting of the IFB, all Appendices, and incorporated documents related to the IFB for which you are interested in Bidding.

· Downloading all current and subsequent Amendments to the IFB to ensure receipt of all IFB documents.

Notification of Amendments to the IFB will only be provided to those vendors who have registered with WEBS and have downloaded the IFB from WEBS. Failure to do so may result in a Bidder having incomplete, inaccurate, or otherwise inadequate information and Bid.

2.3 Amendments

Prior to the Bid due date and time, DVA reserves the right to change portions of this IFB. All changes will be issued in writing by DVA as an Amendment and incorporated into the IFB. If there is any conflict between Amendments, or between an Amendment and the IFB, the document issued last in time will be controlling. Only Bidders who have properly registered and downloaded the original IFB directly via WEBS will receive notification of Amendments and other correspondence pertinent to the procurement.

2.4 Bidder Communication Responsibilities

During the IFB process, all Bidder communications concerning this IFB must be directed to the Procurement Coordinator. Unauthorized contact regarding this IFB with other state employees involved with the IFB may result in disqualification. All oral communications will be considered unofficial and non-binding on DVA. Bidders should rely only on written Amendments issued by the Procurement Coordinator.

Bidders are responsible for communicating inquiries concerning the IFB to the Procurement Coordinator as soon as possible.

If a Question & Answer period has been established for this IFB, it will be detailed on the cover page of the IFB. A description of the concern must be submitted in writing to the Procurement Coordinator during the Question & Answer period. Inquiries submitted after the Question & Answer period may or may not be considered by DVA.

Additionally, if a Bidder does not notify DVA of an issue, exception, addition, or omission during the Question & Answer Period, DVA may consider the matter waived by the Bidder for protest purposes.

If Bidder inquiries result in changes to the IFB, written Amendments will be issued and posted on WEBS.

2.5 Bidder Responsiveness

Bidders are to respond to each question/requirement contained in this IFB. Failure to comply with any applicable item may result in disqualification for non-responsiveness.

DVA reserves the right to determine the actual level of Bidders’ compliance with the requirements specified in this IFB and to waive informalities in a Bid. An Informality is an immaterial variation from the exact requirements of the competitive IFB, having 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 Bidders (See WAC 200-300-015(18).

2.6 Pricing

Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this IFB. Failure to identify all costs in a manner consistent with the instructions in this IFB is sufficient grounds for disqualification.

The proposed pricing levels should reflect the market provided by the Contract resulting from this IFB.

Pricing shall be FOB Destination, freight prepaid and included. All pricing shall be in United States currency and does not include sales tax.

2.7 Non-Endorsement & Publicity

In selecting a Bidder to supply goods and purchased services specified herein to contract Purchasers, neither DVA nor the Purchasers are endorsing the Bidder’s goods and purchased services, nor suggesting that they are the best or only solution to their needs.

2.8 No Costs or Charges

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

2.9 No Best and Final Offer

DVA reserves the right to make an Award without further discussion of the Bid submitted; i.e., there will be no best and final offer request. Therefore, the Bid should be submitted on the most favorable terms that a Bidder intends to offer.

2.10 Miscellaneous Expenses

Expenses related to day-to-day performance under any Contract, including but not limited to, travel, lodging, meals, incidentals will not be reimbursed to the Bidder. Hourly rates proposed by the Bidder must include these costs.

2.11 Dealer Authorization

The Bidder, if other than the manufacturer, shall provide upon request a current, dated, and signed authorization from the manufacturer that the Bidder is an authorized distributor, dealer or service representative and is authorized to sell the manufacturer's products. Failure to provide manufacturer’s authorization upon request may result in Bid rejection.

2.12 INDEFINITE DELIVERY – INDEFINITE QUANTITY PURCHASES

In addition to the initial purchase quantity identified in this bid document there is no guarantee to the contractor of any additional orders under the awarded contract. However, the contract will allow the placement of future purchase orders up to one year, on an as needed basis (also referred to indefinite delivery – indefinite quantity orders) under the same terms and conditions as those established for the initial purchase quantity.

Bidder agrees to only accept purchase orders placed against this contract from the, Department of Enterprise Services. Contractor may submit request for price review in the case of governmental mandatory regulation pertaining to vehicle modification that would impact Contract pricing. Contractor is to provide all documents showing that such modifications are only pass through for cost of modifications.

2.13 Economic and Environmental Goals

In support of the state’s economic and environmental goals, although not an Award factor (unless otherwise specified herein), Bidders are encouraged to consider the following in responding to this IFB:

· Support for a diverse supplier pool, including small, Minority and Women-Owned Business Enterprises (MWBE), voluntary numerical WBE goals 3% MBE 3% have been established for this IFB. Achievement of these goals is encouraged whether directly or through Subcontractors. Bidders may contact the Office of Minority and Women’s Business Enterprise to obtain information on certified firms or to become certified.

· Use of environmentally preferable goods and services to include post consumer waste and recycled content.

· Products made or grown in Washington.

3 PREPARATION OF BIDS

3.1 Bid Submittals (Checklist)

The following checklist identifies the submittals which will comprise a Bid. Any Bid received without a REQUIRED submittal may be rejected as being non-responsive. Please identify each page of the submittals, as well as any supplemental materials with your company name or other identifiable company mark.

· Signature (REQUIRED): Complete, print, sign and return the Authorized Offer & Contract Signature Page as instructed (SEE PAGE 14). DVA prefers blue ink.

· Price Sheet (REQUIRED): Complete, print, and return a copy of the Price Sheet Appendix (sample provided) as instructed. Failure to address each line item as instructed may result in a bid being rejected for lack of responsiveness.

· Technical Specifications (REQUIRED): Complete, print, and return two (2) copies of the Technical Specifications Appendix (sample provided) as instructed. Failure to address each line item may result in a bid being rejected for lack of responsiveness. Material deviations from the specifications may disqualify the Bid.

· Bidder Profile (REQUIRED): Complete and return a copy of the Bidder Profile Appendix (sample provided) as instructed.

3.2 Format

One (1) hard copy to be submitted of all documents and two (2) of the Technical Specifications. Hard copy Bids must be legible and completed in ink or with an electronic printer or other similar office equipment, and properly signed by an authorized representative of the Bidder. All changes and/or erasures shall be initialed in ink. Unsigned Bids will be rejected on opening unless satisfactory evidence was submitted clearly establishing the Bidder’s desire and intent to be bound by the Bid, such as a signed cover letter. Incomplete or illegible Bids may be rejected.

3.3 Due Date and Time

Bid packages must be received on or before the due date and time at the location specified on the cover page. Time of receipt will be determined by the official time stamp located at DVA.

If a Bid is late or received at a location other than that specified it will be rejected. In the event the official time clock is unavailable, the Bid Clerk will establish the official time and take reasonable steps to ensure the integrity of the Bid receipt is preserved.

3.4 Bid Opening

After the Bid due date and time, the Bid Clerk will open and process sealed Bids protecting the confidentiality of the contents. The names of the Bidders will be recorded and made available upon request, Bid contents will not be available for public view until after the Contract has been awarded (RCW 43.19.1911(8)).

4 EVALUATION AND AWARD

4.1 General Provisions

· Contract Award will be based on the evaluation and Award criteria established herein and will be subject to consideration of all factors identified in RCW 43.19.1911, WAC 200-300, and other criteria identified in the IFB.

· No rejection notice will be sent to unsuccessful Bidders. Bidders whose Bids are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

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

· DVA reserves the right to: (1) Waive any informality; (2) Reject any or all Bids, or portions thereof;(3) Accept any portion of the items Bid unless the Bidder stipulates all or nothing in their Bid; (4) Cancel an IFB and re-solicit Bids; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that Bid can be improved; (6) Award on an all or none consolidated basis taking into consideration ”lifecycle costs”; and (7) Award in aggregate when in the best interest of the state.

· Responsibility: During evaluation, DVA reserves the right to make reasonable inquiry to determine the responsibility of any Bidder. Requests may include, but are not limited to, financial statements, credit ratings, references, record of past performance, clarification of Bidder’s offer, and on-site inspection of Bidder's or Bidder's Subcontractor's facilities. Failure to respond to said request(s) may result in a Bid being rejected as non-responsive.

· References: DVA reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness; any negative or unsatisfactory response may be an adequate reason for rejecting a Bidder as non-responsible and unable to suit the needs of the state. DVA reserves the right to waive the reference check. Bidders deemed non-responsible may be rejected.

4.2 Determination of Responsiveness

Bids will be reviewed initially on a pass/fail basis to determine compliance with administrative requirements as specified herein.

DVA reserves the right to determine at its sole discretion whether a Bidder’s response to a minimum IFB requirement is sufficient to pass. However, if all Bidders fail to meet any single IFB requirement, DVA may reject all Bids and cancel the IFB or waive the requirement from the IFB’s requirements for responsiveness.

Responsive Bids will be further evaluated based on the requirements in this IFB.

4.3 Determination of Responsibility

During evaluation, DVA reserves the right to make reasonable inquiry to determine the responsibility of any Bidder. Requests may include, but are not limited to, financial statements, credit ratings, references, record of past performance, clarification of Bidder’s offer, and on-site inspection of Bidder's or Bidder's Subcontractor's facilities. Failure to respond to said request(s) may result in a Bid being rejected as non-responsive.

4.4 Selection of Apparent Successful Bidder

The responsive and responsible Bidder who meets all of the IFB requirements and has the lowest evaluated cost as described in this section, will be the Apparent Successful Bidder.

Prior to the Award, DVA may negotiate with an Apparent Successful Bidder to determine if a Bid can be improved.

Designation as an Apparent Successful Bidder does not imply that DVA will issue an Award to your firm. It merely suggests that at this moment in time, DVA believes your bid to be responsive. This designation allows DVA to perform a responsibility analysis and ask for additional documentation. DVA is also at liberty to re-review and determine whether the bid is truly responsive as initially believed. The Bidder must not construe this as an Award, impending Award, attempt to negotiate, etc. If you act or fail to act in reliance of this notification, you do so at your own risk and expense.

4.5 Award

An Award, in part or full, is made by DVA signature on the signature page (Authorized Offer and Contract Signature Page). DVA may include an Award Letter which further defines the Award and is included by reference in the Contract.

DVA reserves the right to Award on an All or Nothing consolidated basis.

Following the Award, all Bidders will receive a Notice of Award; usually through a WEBS notification.

4.6 Bid Information Availability after Award

After the Contract has been awarded, information regarding results of the IFB may be obtained by accessing www.ga.wa.gov and/or contacting the Procurement Coordinator. Bidders may also schedule an appointment to review the bidding process.

5 CONTRACT FORMATION

5.1 The Contract

A Bid submitted to this IFB is an offer to Contract with DVA.

A Bid becomes a Contract only when awarded and accepted in writing by DVA (when the Authorized Offer & Contract Signature Page is countersigned by DVA).

The documents listed below are, by this reference, incorporated into a Contract resulting from this IFB as though fully set forth herein. No other statements or representations, written or oral, shall be deemed a part of the Contract.

a. The IFB

b. The awarded Vendor/Contractor’s Bid

c. All Appendices

d. IFB Amendments (If Applicable)

e. Award Letter (If Applicable)

5.2 Parties

This Contract is entered into by and between the state of Washington, acting by and through DVA and the awarded Contractor with the parties more fully described in the Authorized Offer and Contract Signature Page below.

5.3 Authority to Bind

The signatories to this Contract represent that they have the authority to bind their respective organizations to this Contract.

5.4 Counterparts

This Contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this Contract signed by each party, for all purposes.

6 APPENDICES

Reminder: By responding to this IFB, a Bidder acknowledges reading, understanding, and accepting all information contained within the entire IFB without modification.

Competitive Procurement Standards

Technical Specifications

Price Sheet

Bidder Profile

7 CERTIFICATIONS & ASSURANCES

We make the following certifications and assurances as a required element of submitting this Bid, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the IFB are conditions precedent to the award or continuation of the resulting Contract.

1. We have read, understand, and agree to abide by all information contained in the IFB, all Appendices, and incorporated documents.

2. The prices in this Bid have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and 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 Bid 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 Bid.

3. The attached Bid is a firm offer for a period of 90 days following the Bid Due Date specified in the IFB, and it may be accepted by DVA without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period. In the case of a protest, our Bid will remain valid for 90 days or until the protest and any related court action is resolved, whichever is later.

4. In preparing this Bid, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the state's IFB, 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 Bid. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. We understand that the state will not reimburse us for any costs incurred in the preparation of this Bid. All Bids become the property of the state, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Bid. Submittal of the attached Bid constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the IFB.

6. We understand that any Contract awarded as a result of this Bid will incorporate all IFB requirements. Submittal of a Bid and execution of this Certifications and Assurances document certify our willingness to comply with the Contract terms and conditions appearing in the IFB, all Appendices, and incorporated documents if selected as a Contractor. It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in the IFB, all Appendices, and incorporated documents of this IFB.

7. By submitting this Bid, Bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this IFB.

8. We are not submitting any exceptions.

8 AUTHORIZED OFFER & CONTRACT SIGNATURE PAGE

In submitting this Bid, the Authorized Signatory below acknowledges having read and understood the entire IFB and agrees to comply with its terms and conditions including the Certifications and Assurances. The Authorized Signatory also agrees to fulfill the offer made in this Bid and any subsequently awarded Contract.

In witness whereof, the parties hereto, having read this Contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

This is an Award for: DVA BATHING EQ will be effective upon DVA final signature.

Approved (DVA)

Approved (Vendor/Contractor)

Department of Veterans Affairs 1102 Quince Street SE Olympia, WA 98501

Washington State Department of Veterans Affairs

Bidder’s Company Name & Address

Signature

Date

Signature

Typed or Printed Name, Title

Typed or Printed Name, Title

Manager Signature (if applicable)

Manager’s Typed or Printed Name, Title

CONTACT Information

CONTACT Information

_1503489559.doc

Acceptance of Terms:

Acceptance of a state contract/purchase order by a Bidder/Supplier for any equipment purchased pursuant to this bid/contract constitutes acceptance of, and agreement with, all of the general and specific provisions, requirements, stipulations, and equipment specification(s) described in this bid/contract.

General:

Equipment offered for this bid/contract must be new (unused).

All accessories and features listed herein shall be those supplied by the Original Equipment Manufacturer (OEM).

Failure to comply with any of the specified requirements of the contract constitutes a breach of contract. DVA may cancel all or any part of this contract, without incurring any costs whatsoever, including delivery, shipping, or re-stocking fees.

Specification Clarification and Changes:

Clarification for any item in these specifications may be obtained from the Department of Veterans Affairs (DVA).

State contracts, for the purchase of state owned equipment, are official state documents that carry legal implications. After award, there shall be no deviations from any requirement stated in the contract during the manufacturing or assembly process of the equipment identified herein, without a contract change order issued by DVA.

Delivery; and Acceptance:

Suppliers are responsible for ensuring that all equipment purchased, pursuant to this contract, complies with all of the requirements and specifications listed in the contract.

Supplier(s) shall make the following documents available for review for each item:

1. The manufacturer's information sheet stating the all of the equipment's components;

2. Completed Invoice;

3. User manual.

Suppliers must notify DVA at the phone number listed on the contract or the equipment order, twenty-four (24) hours prior to equipment delivery. This is to ensure that a DVA employee is available to sign and date the bill of laden (or other delivery document) and receive the above-mentioned documents to indicate DVA has accepted delivery of the equipment.

When the units are ready for final delivery, they may be delivered to the DVA facility (as specified on the contract and/or equipment order) between the hours of 7:00 am and 3:00 pm, Monday through Friday. Deliveries shall not be made during other hours, on weekends, or on legally recognized state and federal holidays. DVA will not accept any responsibility for equipment that has been delivered to or left at a DVA facility unless a DVA employee has signed and dated the bill of laden or other delivery documents indicating DVA has accepted delivery of the equipment.

Supplier shall be solely liable for any equipment damages that occurred prior to DVA accepting delivery of the equipment.

Supplier Shall Meet the Delivery Terms of this Contract:

Should the Supplier become aware, in advance of an equipment delivery date, that the Supplier will be unable to meet the contract delivery date, the Supplier may make a written request to DVA, for a contract change order modifying the equipment delivery date.

Warranty Services and Performance:

Equipment suppliers must provide technical support and reasonable equipment modifications for a period of 90 calendar days after the date the equipment is reported in-service per manufacturer and/or factory warranty requirements. This is to ensure that the purchased equipment is capable of performing the specified operational functions.

Bidders/Suppliers must include, as part of the bid, the factory and/or manufacturer's one year warranty, which shall cover one hundred (100) percent parts and labor for the entire unit offered. This warranty must be honored by all authorized factory and/or manufacturer's dealerships.

Supplier shall be liable for all costs associated with warranty repair(s), including, but not limited to, materials, parts, labor, and transport of equipment that are disabled due to the failure of the equipment during the warranty period.

Warranty coverage will not commence until the date the equipment is placed into service or 30 days after final payment for the equipment, whichever occurs first. During the warranty period Supplier must begin the physical repair process on equipment failures within seventy-two (72) hours after DVA has notified the Supplier of an equipment failure.

Contractor shall provide a loaner (of similar type) in the event warranty repairs exceed a period of five (5) days. This loaner shall be provided at no additional cost to the State.

Training:

If needed, the Equipment Supplier shall provide on-site instructor(s) to conduct one (1) hour of user training

Specification Requirements

Check

If Meet or Exceed

Describe Offered Alternatives

I. General:

This specification describes the DVA requirement for Two (2) Apollo WP6000A Bathing Systems; Two (2) Earthquake Bracket Kit 510-027; One (1) Gel pad (set of 2) 600-051; and Two (2) Foot Care Platform 600-048

NO SUBSTITUTE WILL BE CONSIDERED OR ACCEPTED

II. Two (2) Apollo WP6000A Bathing Systems to include:

1. Level Glide Transfer System (includes Deluxe Chair)

2. Remedy Ultraviolet (UV) Infection Control Water Purification

3. Digital Scale (integrated into the Level Glide Transfer System)

4. Rapid Fill Reservoir (can fill tub in approximately 1 minute)

5. Automatic Cleaning and Disinfecting System

6. RADA Thermoscopic Anti-Scald Temperature Control Valve

7. Four Jet Whirlpool Hydrotherapy (Omni-directional, Adjustable flow valves

8. Integrated Body Wash & Bath Oil Dispenser

9. Premium Flush-mount Waterfall Faucets

10. Easy Latch Entry Door

11. Intro Paks (includes HygenaWash, Therasol, TurboClean, Cidal II)

12. Bathing System & ResevoirInstall Kit, Operators Manual & Inservice DVD

III. Additional Items:

13. Two (2) each: Earthquake Bracket Kit (if required by local code) 510-027

14. One (1) each: Gel pad (Set of @) 600-051

15. Two (2) each of: Foot Care Platform 600-048

16. Optional 5-year warranty

PAGE

_1503492428.doc

Price Sheet

Instructions:

1. Provide unit prices. Extend the amount in the designated columns. Provide Subtotal.

2. All Unit Prices submitted are to be no more than two places to the right of the decimal point (on a per dollar basis).

3. Failure to address each line item as detailed may result in a bid being rejected for lack of responsiveness.

4. Enter prompt payment and purchasing card information in the space provided following the Price Sheet.

Company Name:

Item

Description

Est. Qty.

Unit

Unit Price

Extended Price

(Unit Price X Est. Qty.)

1.

WP6000A Advantage Bathing System by Apollo

EACH

2.

Earthquake Bracket Kit (if required by local code) 510-027

KIT

3.

Gel Pad (Set of 2) 600-051

PAIR

4.

Foot Care Platform 600-048

EACH

5.

Optional 5-year warranty

EACH

6.

Shipping and Handling

PKG

Subtotal

Sum of Items 1,2,3

Preferences

Subtotal times Prompt Payment Discount % (see Payment Term below)

Evaluated Cost

Subtotal minus Preferences

Payment Term

Prompt Payment Discount % 30 days, or net 30 days.

Prompt payment discount periods equal to (or greater than) 30 calendar days will receive consideration and bid pricing will be reduced (for evaluation purposes only) by the amount of the discount. DES will interpret the absence of an entry here to be 0%.

Purchasing Cards

Visa Master Card American Express Discover Other:

A bidder accepting purchasing cards as a form of payment understands that there shall not be any separate fee for use of the purchasing card DES will interpret the absence of an entry here to mean that no purchasing card is accepted.

A bidder that offers (1) a prompt payment discount and (2) accepts purchasing cards as a form of payment agrees that the discount applies for payments made using a purchasing card during the discount time period.

_1503492689.doc Bidder Profile

Bidder Profile

COMPANY INFORMATION (for Contract administration purposes)

Company Name & Address:

Authorized Representative:

Phone:

Email:

Ordering Address:

Payment Address:

Federal Tax Identification Number

WA Dept. of Revenue Registration Number

PURCHASING COOPERATIVE MEMBERS

1. Nonprofit Organizations:

Bidder agrees to sell the goods and services on this contract to self-certified nonprofit corporations which are members of the State of Washington Purchasing Cooperative (WSPC) under the Indefinite Delivery/ Indefinite Quantity language in section 2.13.

Yes FORMCHECKBOX

No FORMCHECKBOX (If reply is “No”, attach letter explaining reason(s) for declining participation by nonprofit organizations).

RECIPROCITY (California firms)

Is your firm currently certified as a small business under California Code, Title 2, Section 1896.12? Yes FORMCHECKBOX

REFERENCES

Provide a minimum of three (3) commercial or government references for which Bidder has delivered goods and/or services similar in scope as described in the IFB.

1. Customer:

Contact:

Phone:

Email:

2. Customer:

3. Customer:

SUBCONTRACTORS

If applicable, on a separate sheet, identify any subcontractors who will perform services in fulfillment of contract requirements; the nature of services to be performed and include federal tax identification (TIN) number for each subcontractor. If a subcontractor is a minority or women owned business please include their OMWBE Certification Number (if certified). If necessary, attach additional sheets (please stamp or mark each page with a company name, mark, or initial). Do not include any Social Security Numbers.

The contractor, by including subcontractor(s) as part of your signed bid is your agreement to take complete responsibility, contract obligations, and liability for all actions of such subcontractors. All subcontractors are subject to DES approval. DES reserves the right to approve or disapprove any subcontractor.

SALES/CUSTOMER SERVICE

On a separate sheet, identify sales/customer service contacts and will call locations for the entire state.

MINORITY/WOMEN OWNED BUSINESS STATUS

Is your firm a Minority/Women Owned Business? Yes FORMCHECKBOX

MWBE certification #

_1422172682.doc Competitive Procurement Standards

For purchases of materials, supplies, services, and equipment under the Authority of Chapter 39.26 RCW

Instructions to Bidders

21.1 Minority and Women Business Enterprises (MWBE)

21.2 Bidder’s Authorized Representative

21.3 Include all Cost Components in Pricing

31.4 Alternate or Equal

31.5 Public Records and Exempt Information

41.6 In-State Preference/Reciprocity

41.7 Withdrawal or Modification of Response

51.8 Order of Precedence, Conflict and Conformity

51.9 Legal Notices

61.10 Liens, Claims and Encumberances

Standard Definitions

Standard Terms & Conditions

133.1 Contract Modifications

133.2 Contract Administration

133.3 Contractor Supervision and Coordination

133.4 Post Award Conference

143.5 Term Contract Management

143.6 Changes

153.7 Statewide Vendor Payment Registration

153.8 Sales & Subcontractor Reports

153.9 Other Required Term Contract Reports

153.10 Common Vendor Registration and Bid Notification System

153.11 Contractor Qualifications and Requirements

183.12 Ordering Requirements

183.13 Delivery Requirements

213.14 Treatment of Assets

213.15 Standard of Quality/Consistency over Term of Contract

223.16 Payment

233.17 Taxes, Fees and Licenses

253.18 Quality Assurance

263.19 Information & Communications

303.20 General Provisions

313.21 Insurance

343.22 Industrial Insurance Coverage

343.23 Nondiscrimination

343.24 OSHA and WISHA Requirements

353.25 Antitrust

353.26 Waiver

353.27 Disputes and Remedies

373.28 Liquidated Damages

393.29 Contract Termination

Error! Bookmark not defined.4 Protest Procedures

Error! Bookmark not defined.4.1 Pre-Award Protest

Error! Bookmark not defined.4.1.1 Criteria for a Pre-Award Protest

Error! Bookmark not defined.4.1.2 Initiating a Pre-Award Protest

Error! Bookmark not defined.4.1.3 Decision

Error! Bookmark not defined.4.1.4 Appeals

Error! Bookmark not defined.4.1.5 Decision Final

Error! Bookmark not defined.4.2 Post-Award Protest

Error! Bookmark not defined.4.2.1 Criteria for a Post-Award Protest

Error! Bookmark not defined.4.2.2 Initiating a Post-Award Protest

Error! Bookmark not defined.4.2.3

Error! Bookmark not defined.4.3 Awarded Bidder Appeal Process

Error! Bookmark not defined.4.3.1 Initiating an Appeal

Error! Bookmark not defined.4.3.2

Error! Bookmark not defined.4.3.3 Decision Final

Error! Bookmark not defined.4.4 Protest and Appeals: Form & Substance

Error! Bookmark not defined.4.5 Communication during Protests and Appeals

This document consists of general provisions and terms for Solicitations issued by the Washington State Department of Enterprise Services (DES). Should a term within this document conflict with a term elsewhere in a Solicitation, the latter will prevail.

1 Instructions to Bidders

1.1 Minority and Women Business Enterprises (MWBE)

In accordance with the legislative findings and policies set forth in RCW 39.19, the State of Washington encourages participation in all of its Contracts by Minority and Woman Owned Business Enterprise (MWBE) firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). While the state does not give preferential treatment, it does seek equitable representation from the minority and women’s business community. In addition, the state welcomes participation by self-identified minority and woman owned firms and strongly encourages such firms to become certified by OMWBE.

Participation may be either on a direct basis in Response to this Solicitation or as a Subcontractor to a Contractor. However, unless required by federal statutes, regulations, grants, or Contract terms referenced in the original Solicitation, no preference will be included in the evaluation of Bids, no minimum level of MWBE participation shall be required as condition for receiving an award, and Bids will not be evaluated, rejected or considered non-responsive on that basis.

Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the original Solicitation will apply. Bidders are encouraged to contact Office of Minority and Woman Owned Business Enterprise (OMWBE) to obtain information on becoming a certified firm as set forth in Washington Administrative Code (WAC) Chapters 326-02 and 326-20; or to obtain information on other certified firms for potential sub-contracting arrangements. Nothing in this section is intended to prevent or discourage Bidders from inviting participation from non-MWBE firms as well as MWBE firms. Prior to performance, Awarded Bidder who is a MWBE or intends to use MWBE Subcontractors is encouraged to identify the participating firm(s) to DES.

1.2 Bidder’s Authorized Representative

Bidders must designate an Authorized Representative in the Bidder Profile Appendix who will be the principal point of contact for DES for the duration of this Solicitation process.

1.3 Include all Cost Components in Pricing

Bidders 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; or the processing fees associated with the use of credit cards.

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

1.4 Alternate or Equal

Bidders may bid a product or service that is an Equal to what is specified in the Solicitation. An “Equal” for purposes of this Solicitation is “an offer of materials, supplies, services and/or equipment that meets or exceeds the quality, performance, and use of the specifications identified in a Solicitation” (See WAC 200-300-015 (3)). DES reserves the right to make the final determination whether the proposed materials, supplies, services and/or equipment is an Equal.

Bidders may not bid a product or service that is an Alternate to those specified in the Solicitation except as set out in this section. An “Alternate” for purposes of this Solicitation is “a substitute offer of materials, supplies, services and/or equipment that is not at least a functional Equal in features, performance and use and which materially deviates from one or more of the specifications in a competitive Solicitation” (See WAC 200-300-014 (14)) . Bidders may suggest Alternates by providing a detailed description, supporting documentation, and any associated exceptions to the specifications to DES in writing at least five business days prior to the bid opening date. DES will review the Bidder’s proposed Alternate, including any specification exceptions and supporting documentation in determining whether or not the proposed Alternative will be acceptable in meeting the State’s needs. DES reserves the right to make the final determination whether the proposed Alternate is acceptable. If the proposed Alternative is determined to be acceptable then it will be communicated to all potential Bidders via an Amendment. Otherwise, any Bid that does not conform to the minimum mandatory specifications may be deemed non-responsive.

1.5 Public Records and Exempt Information

All Responses submitted become the property of the State of Washington and after contract execution may be subject to public disclosure under the Public Records Act, RCW 42.56. Only after contract execution is bid information available for public inspection (See, RCW 43.19.1911(8)).

Any information contained in the Response that is exempt from public disclosure because it is proprietary, a trade secret or otherwise exempt must be clearly designated. Marking of the entire Response or entire sections of the Response as exempt will not be accepted or honored. DES will not honor designations by the Bidder where pricing is marked proprietary.

Prior to release, DES will give notice to the Bidder of any request for disclosure of identified exempt information received within 5 (five) years from the date of submission. DES will delay release of the information identified as exempt for up to 10 business days to allow the Bidder to obtain court protection from release. Failure to label such materials as exempt or to timely respond after notice of request for public disclosure has been given shall be deemed a waiver by the submitting Bidder of any claim that such materials are, in fact, so exempt.

1.6 In-State Preference/Reciprocity

Pursuant to RCW 39.26.271 and WAC 200-300-075, DES has established a schedule of price adjustments applicable against any Bidders submitting responses from states which grant a preference to their own in-state businesses as identified in the Preference Table. The reciprocity adjustment is applied as follows.

· These adjustments will be applied in Formal Sealed Bid solicitations only.

· The business address from which the response was submitted will determine if an adjustment is to be applied.

· The appropriate percentage will be added to each Response bearing the address from a state with in-state preferences rather than subtracting a like amount from Washington State Bidders.

· This action will be used only for evaluation. In no instance shall the increase be paid to a supplier whose response is accepted.

1.7 Withdrawal or Modification of Response

Bidders are liable for all errors or omissions contained in their Responses.

a. Prior to Response due date and time

Modification:

Mistakes in bids or proposals detected prior to the due date and time may be corrected by the Bidder by withdrawing the original bid or proposal and submitting a corrected bid or proposal to DES before the due date and time. If there is not sufficient time prior to the due date and time to withdraw the original bid or proposal and submit a corrected bid or proposal, the bidder, or an authorized representative, may correct the mistake on the face of the original bid or proposal provided that the corrected bid or proposal is time stamped by DES upon resubmission prior to the due date and time. (See WAC 200-300-105).

Withdrawal:

An authorized Bidder representative is permitted to withdraw its response before the due date and time by submitting the withdrawal request in writing. Withdrawn responses will be returned unopened to the Bidder.

b. After Response due date and time

No Modification:

Bidder mistakes in a bid or proposal detected after due date and time may not be corrected.

Withdrawal:

If the Bidder submits evidence in writing satisfactory to DES that a mistake has been made by the Bidder in the calculation of its bid or proposal, DES may allow the bid or proposal to be withdrawn provided that the claim of mistake and supporting documentation is provided within three business days after the due date and time. Compliance with this section within the specified time limit shall relieve the Bidder of forfeiture of its bid guarantee. If DES subsequently reissues the solicitation, the Bidder having made the mistake may not participate in that solicitation. (See WAC 200-300-110).

Clarification:

DES reserves the right to contact Bidder for clarification of Response contents.

1.8 Order of Precedence, Conflict and Conformity

In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:

a. Applicable Federal and state of Washington statutes and regulations

b. Mutually agreed written Amendments to the resulting Contract

c. The Contract, including all documents incorporated in the subsection immediately above.

Conflict: To the extent possible, the terms of the Contract shall be read consistently.

Conformity: If any provision of the Contract violates any Federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

1.9 Legal Notices

Any notice or demand or other communication required or permitted to be given under the Contract or applicable law (except notice of malfunctioning Equipment) will be effective only if it is in writing and signed by the applicable party, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid, certified mail, return receipt requested, via facsimile or by electronic mail, to the parties at the addresses and fax numbers, e-mail addresses provided in the Authorized Offer and Contract Signature Page below. For purposes of complying with any provision in the Contract or applicable law that requires a “writing,” such communication, when digitally signed with a Washington State Licensed Certificate, shall be considered to be “in writing” or “written” to an extent no less than if it were in paper form. Notices will be effective upon receipt or four Business Days after mailing, whichever is earlier. The notice address as provided herein may be changed by written notice given as provided above.

In the event that a subpoena or other legal process commenced by a third party in any way concerning the Equipment or Services provided pursuant to the Contract is served upon Contractor or DES, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. The Contractor and DES further agree to cooperate with the other party in any lawful effort by the other party to contest the legal validity of such subpoena or other legal process commenced by a third party.

1.10 Liens, Claims and Encumberances

All materials, equipment, supplies and/or services shall be free of all liens, claims, or encumbrances of any kind, and if DES or the Purchaser requests, a formal release of same shall be delivered to the respective requestor.

2 Standard Definitions

This section contains definitions of terms commonly used in Solicitations conducted by the State of Washington, Department of Enterprise Services. Additional definitions may also be found in Chapter 39.29 RCW and (WAC 200-300), and all terms contained herein will be read consistently with those definitions.

Acceptance

The Products passed appropriate Inspection and Acceptance Testing period, if required.

Acceptance Testing

The process for ascertaining that the Products meet the standards set forth in the Solicitation, prior to Acceptance by the Purchaser.

Agency

State of Washington institutions, the offices of the elective state officers, the Supreme Court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state. "Agency" does not include the legislature but does include colleges, community colleges and universities who choose to participate in state contract(s).

All or Nothing Award

A method of award resulting from a competitive solicitation by which the purchaser will award all items to a single bidder. Also, a designation the Bidder may use in its Bid or response to indicate its offer is contingent up on full award and it will not accept a partial award.

Alternate

A substitute offer of goods and services which is not at least a functional equal in features, performance and use and which materially deviates from one or more of the specifications in a competitive solicitation.

Amendment

A change to a legal document.

Solicitation: For the purposes of a Solicitation document, an amendment shall be a unilateral change issued by DES, at its sole discretion.

Contract: An agreement between the parties to change the Contract after it is fully signed by both parties. Such agreement shall be memorialized in a written document describing the agreed upon change including any terms and conditions required to support such change. An Order Document shall not constitute an Amendment to a Contract.

Apparent Successful Bidder(s)

The Bidder identified by DES, after evaluation of Responses, who is recommended for Award.

Authorized Representative

An individual designated by the Bidder or Contractor to act on its behalf and with the authority to legally bind the Bidder or Contractor.

Authorized Signatory

An individual with the authority to legally bind the Bidder or Contractor concerning the terms and conditions set forth in Solicitation, Response and Contract documents.

Award

The official act of DES of accepting the offer to enter into a Contract as contained in the Bidder(s) Response.

Bid