IFB-719433-.pdf

INVITATION FOR BID NO. 719433

Procurement Quality Level: G

FOR

WASTEWATER POND LINERS AND LEAK DETECTION

REPLACEMENT

AT

ENERGY NORTHWEST

COLUMBIA GENERATING STATION

MANDATORY SITE VISIT October 21, 2026

QUESTIONS DUE BY October 28, 2026

BID DUE DATE November 5, 2026

IFB No. 719433

SECTION I

INSTRUCTIONS TO BIDDERS

I.1 INTRODUCTION

Energy Northwest, a joint operating agency and municipal corporation of the State of Washington, invites Bids for the Wastewater Pond Liner Replacement project at Columbia Generating Station (Columbia) as described herein, from qualified Bidders. Bidder will be selected in accordance with RCW §43.52.560. This Invitation for Bid (IFB) is subject to prevailing wage requirements pursuant to chapter 39.12 RCW.

Energy Northwest makes no guarantee as to any actual or minimum amount of Work to be performed. Work is directed at the sole discretion and benefit of Energy Northwest.

Energy Northwest reserves the right, without qualification, to select any proposal as a basis for negotiation, to reject all proposals and to exercise its discretion and apply its judgment with respect to any proposal submitted. This IFB does not commit Energy Northwest to pay any costs incurred in connection with any proposal, or to contract for any Work. There is no commitment on the part of Energy Northwest to accept the lowest priced proposal or any conditions imposed by a Bidder as a requirement of acceptance of their proposal. The proposal to be accepted shall be at the sole discretion of Energy Northwest.

Information submitted to Energy Northwest in response to this IFB becomes public record under the Revised Code of Washington. Without exception by the presenting Party, the information is subject to public disclosure pursuant to the Washington State Public Records Act. Energy Northwest may unilaterally release or exempt information from public disclosure. In the event a Bidder seeks to withhold information from public disclosure, it shall hold Energy Northwest harmless from any damages or costs, including attorney’s fees and statutory awards imposed by any court or regulatory authority. Energy Northwest shall not be liable for any inadvertent public disclosure of information, despite the exercise of reasonable care.

Bidders shall thoroughly examine and be familiar with the IFB documents. Submittal of a proposal shall constitute an acknowledgement upon which Energy Northwest may rely that the Bidder has thoroughly examined and is familiar with these documents. Failure or neglect to receive or examine these documents shall in no way relieve Bidder from any obligation with respect to the proposal or these documents. No claim for additional compensation is allowed for lack of knowledge of the IFB documents.

Bids shall be submitted in strict compliance of the specifications and governing terms & conditions. Any exceptions may result in your Bid being declared non-responsive.

This IFB is comprised of:

▪ Section I Instruction to Bidders

▪ Section II Statement of Work, Special Provisions, General

Provisions, Appendices, Exhibits and Attachments

▪ Attachment 1 IFB 719433 Drawing Package

▪ Attachment 2 IFB 719433 Specifications

I.2 ELECTRONIC SUBMISSION OF BID

Bidders submitting electronically are responsible for ensuring that their Bid is transmitted and received prior to the public Bid opening date and time, November 5, 2026, at 1:00 p.m. (Local time Richland, WA). Energy Northwest will rely exclusively on the electronic time stamp recorded upon receipt of the Bid to determine timeliness.

Bids received prior to Bid opening time become the sole property of Energy Northwest, unless the Bidder elects to withdraw its Bid under the conditions herein provided. Any Bid received after the time set for opening of Bids will be rejected. Any Bid received without the required Bid documents as stated in this IFB will be deemed nonresponsive.

Bid documents shall be submitted electronically to: jwainsworth@energy-northwest.com

Each Bid submitted shall constitute an offer to Energy Northwest and shall be irrevocable for a period of 45 days following Bid opening. Contract Award, if any, shall be made within 45 days from the date of Bid opening.

I.3 BID EVALUATION CRITERIA

A. For the purposes of evaluating Bids, Energy Northwest will consider a number of factors set forth herein and will not evaluate based on cost alone. Energy Northwest reserves the right to let the Contract to the responsible, responsive and qualified Bidder with the lowest price, whose Bid will be most advantageous to Energy Northwest, price and any other factors set forth herein considered

B. Required or Bid will be rejected: Bids are to be submitted in accordance with the instructions contained herein, and on the prescribed forms.

1. Submit completed and signed Bid Form (Appendix “B”). If the Bid Form is not signed, the Bid shall be rejected.

2. Declare on the Bid Form that the Bidder shall complete the Work by March

01, 2027.

3. Declare on the Bid Form that Bidder attended the mandatory Examination of

Site.

C. Responsible Bidder: Pursuant to RCW §39.04.350, Bidder must meet the following Bidder responsibility criteria to be considered a responsible Bidder.

Bidder shall:

1. Declare on the Bid Form, Bidder’s current certificate of registration number as a contractor in compliance with chapter 18.27 RCW, which must be in effect at the time of Bid due date.

2. Declare on the Bid Form, Bidder’s current Washington Unified Business

Identifier number.

mailto:jwainsworth@energy-northwest.com

3. Declare on the Bid Form, the Bidder has Industrial Insurance (workers’ compensation) coverage for the Bidder’s employees working in Washington State, as required in Title 51 RCW.

4. Declare on the Bid Form, the Bidder has a Washington Employment

Security Department number, as required in Title 50 RCW.

5. Declare on the Bid Form, the Bidder has a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW.

6. Declare on the Bid Form, Bidder has not been disqualified from performing

Work on any state or federal contracts as detailed in RCW 39.12.065(3).

7. Declare on the Bid Form, Bidder has completed Contractor Training or is exempt. Use the web address below to learn more about Contractor Training.

https://www.lni.wa.gov/TradesLicensing/PrevWage/Contractors/Training.asp

8. Pursuant to chapter 5.50 RCW verifying under penalty of perjury, the

Bidder shall complete, sign and submit the Exhibit “A” - Certification of Compliance with Wage Payment Statutes with the Bid Documents.

D. Responsive and Qualified Bidder: Supplemental Bidders Data to be provided with the Bid. Pursuant to RCW §39.04.350(3), Bidder shall supply the following Supplemental Bidders Data for Bid evaluation.

Commercial:

1. Declare on the Bid Form, the Bidder has thoroughly reviewed the specifications, laws and ordinances governing the Work contemplated.

2. Bidder shall submit a current completed W-9 form. (Taxpayer Identification

Number and Certification)

3. Proposed Subcontractors: Proposer shall complete and submit the

Proposed Subcontractor form, Exhibit “C”, indicating the Subcontractors who may perform any portion of the Work. Subcontractors used must be registered to work in the State of Washington and meet the same requirements as Contractor.

4. Declare on the Bid Form, if the Bidder has previously performed Work at Columbia.

5. Declare on the Cost Proposal Form, has Bidder submitted exceptions to

Energy Northwest’s Appendix “D” – General Provisions. Exceptions thereto must be clearly defined in “track changes” in the MS WORD documents (Appendix “D”) supplied by Energy Northwest. Any exception taken must have a comment in the document describing why the exception is being submitted.

https://www.lni.wa.gov/TradesLicensing/PrevWage/Contractors/Training.asp

Note: Energy Northwest will not engage in lengthy negotiation of the General Provisions. Extensive or material exceptions may result in Bidder’s proposal being declared non-responsive. If exceptions are not submitted with Bid, no further negotiation on Appendix “D” will be performed at time of Contract award.

Technical:

1. Equivalent Project Experience: Bidder shall have successfully completed projects of a similar size and scope as described in the Small Works Bid documents within the last five years. Bidder to submit a minimum of two equivalent projects. In evaluating whether the projects were “successfully completed,” Energy Northwest may check Bidder references. Project description to include the following:

Customer name Address Contact person Phone number and email address Dollar value of the project

2. Key Personnel: Name, title, certification(s) and resume of proposed personnel.

• Primary contact for this Work

• Foremen and/or supervisor(s)

3. Occupational Safety & Health Administration (OSHA) Statistical Report:

Bidder shall submit the completed OSHA safety statistics report, Exhibit “B”, showing Bidder safety performance for the past five years. This report should only include statistics for the business division of Bidder’s company that will be performing Work at Columbia. If the Bidders’ company is not required to report to OSHSA per OSHA standards 1904.1(a) (1), the Bidder shall identify this on Exhibit “B”, failure to properly identify this on Exhibit “B” could deem the Bidder as unresponsive.

Note: If Bidder’s Experience Modification Rate (EMR) or Total Recordable Incident Rate rating exceeds 1, their Bid may be removed from consideration upon further evaluation by Energy Northwest’s Industrial Safety department. This evaluation will review the data and weigh it against other criteria (experience, previous successful work performed, number of workers/hours worked, etc.).

4. Project Schedule: Bidder shall submit a Level 1 project schedule. Schedule shall detail activities to be performed by Contractor containing mobilization, training, walk downs, field implementation, and demobilization.

5. Bidder shall provide a Schedule Of Values (SOV) itemizing the Total Bid

Price. SOV may include, but is not limited to, the following:

• Performance and Payment Bond

• Materials

• Mobilization

• Site Work

• Cleanup and demobilization

6. Declare on the Bid Form, Bidder has submitted a sample Site-Specific

Safety and Health Plan (SSSHP) if any of the following criteria is met:

a. The Bid value is greater than $1,000,000.00.

b. The Work is determined to be Industrial Safety high risk per PPM

1.3.76 Integrated Risk Management.

i. Risk Significant Work: Activity that poses a potential hazard to

Radiological Safety, Industrial Safety, Nuclear Safety, the Environment, or Corporate Safety, which requires additional planning, special precautions, and management oversight to adequately manage the risks.

c. The Bidder will have 50 or more employees onsite performing Work.

At a minimum, the SSSHP will address the following items:

• Safety roles, responsibilities and expectations for employees and Subcontractors.

• Safety orientation process. How will the Bidder train their personnel to Energy Northwest standards and expectations?

• Proactive steps to prevent injuries (including walkdowns, observations, using Human Performance (HU) tools such as Take 2, Job Hazard Analysis/Job Safety Analysis).

• Safety event and near miss reporting and documentation (follow ISPM-1, document on Contractor’s forms, complete Condition Reports).

• Process for pre-job briefs, Take 2 and HU tools to be used.

• Process for safety inspections and supervisor and peer safety observations and coaching.

• Process for implementation of Industrial Safety operating experience and lessons learned.

• Process for working on or near asbestos, lead, Polychlorinated Biphenyls (PCB), silica and other health hazards.

d. Critical work processes requiring Lock Out Tag Out (LOTO), fall protection, confined space, hot work and high hazard lifts (and other Industrial Safety high risk activities).

Note: LOTO will be required for all electrical valve Work and shall be submitted to the Technical Representative or designee no later than one week prior to any electrical Work.

I.4 BID EVALUATION PROCEDURE

A. The Bid documents will be reviewed and evaluated by Energy Northwest. Energy

Northwest reserves the right to let the Contract to the responsible, responsive and qualified Bidder with the lowest price, whose Bid will be most advantageous to Energy Northwest, price and any other factors set forth herein considered. The evaluation criteria are provided in the following table. Each Bidder submitting a Bid should include sufficient information for Energy Northwest to evaluate the Bidder’s qualification in each area.

B. Evaluation Table

I.5 EXAMINATION OF SITE

Arrangements will be made by Energy Northwest to allow prospective Bidders access to the Site for the purpose of making preliminary inspections. Availability of and access to the Site is otherwise limited; therefore the Bidders are advised to plan their inspections and preliminary measurements for the date specified.

Date: October 21, 2026.

Time: 1PM (Local time Richland, WA).

Location: Energy Northwest

Meeting Room: Chelan Building, Adams Room 117

Bidder shall satisfy itself concerning the nature and the location of the Work, the general and local conditions, particularly those affecting transportation, disposal, handling and storage of materials, availability of labor and applicable wage rates, water and electric power, roads, climate conditions and seasons, and physical conditions at the actual work

Bidder Criteria

Total Bid Price

Required Bidder Information

Responsible Bidder

Responsive & Qualified Bidder:

Commercial review

Responsive & Qualified Bidder:

Technical review site and project area as a whole, the equipment and facilities needed preliminary to and during Work prosecution, and all other matters which can in any way affect the Work or the cost thereof. Failure of the Bidder to acquaint itself with all available information regarding any applicable condition shall not relieve Bidder of the responsibility for properly estimating both the difficulties and the costs of successfully performing the Work.

For questions related to the examination of Site, or for directions, contact Jerry Ainsworth by calling 509.377.8292 or email at jwainsworth@energy-northwest.com.

I.6 INTERPRETATIONS, QUESTIONS, AND COMMUNICATIONS WITH BIDDERS

Questions due by October 28, 2026, no later than 12pm (Local time, Richland, Washigton).

It is the intent of Energy Northwest to obtain Bids which are in strict accordance with this IFB and contain no clarifications, assumptions, etc. No oral interpretations will be made to any Bidder as to the meaning of any part of this IFB. All questions must be made in writing sent via email to jwainsworth@energy-northwest.com, Procurement Specialist. Energy Northwest reserves the right to determine if an interpretation is required. Every appropriate interpretation made to a Bidder will be in the form of an Addendum which, if issued, will be sent as promptly as practicable to all parties to whom the IFB has been issued. There will be no back and forth dialogue. All such addenda shall become part of this IFB.

I.7 EXAMINATION OF DOCUMENTS

Bidder shall thoroughly examine, and be familiar with, all parts of this IFB, including attachments. The failure or neglect of the Bidder to examine any document shall in no way relieve the Bidder from any obligation or be the basis for a claim with respect to its Bid or to the Contract.

I.8 WASHINGTON STATE PREVAILING WAGE REQUIREMENTS

A. Labor provided under any Contract awarded hereunder is subject to Washington State prevailing wage rates. The Bidder awarded this Work must file an intent to pay and affidavit of wages paid as required by RCW §39.12.040 and Washington Administrative Code (WAC) §296-127-026. Pursuant to Labor and Industries (L&I) Law Booklet, sole proprietors must file the intent and affidavit. There is no exemption from the requirement to file the forms. Prevailing wage rates can be found on the Washington State Department of L&I website at the following address.

https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/

B. It shall be the sole legal and contractual obligation of the Bidder to determine the correct labor categories and wage rates when preparing its Bid for this Work as of the effective date of September 1, 2026.

C. Bidder shall pay the hourly minimum rate of wage, not less than the prevailing wage rate, which may be paid to workers in each trade or occupation required for such public and prevailing wage rate work employed in the performance of the Contract either by https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Flni.wa.gov%2Flicensing-permits%2Fpublic-works-projects%2Fprevailing-wage-rates%2F&data=05%7C02%7Cjcayres%40energy-northwest.com%7C966faef2cc154adb68f208dd3b2025ad%7Cd69e6922965a49eb87f7527b47f4f7a9%7C0%7C0%7C638731731443897198%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=%2B3NoP48lWtY3RE8GdvNxPnhbCYZ7ieW3y%2FoFa3J8nWc%3D&reserved=0

Contractor or its Subcontractors. Contractor shall contact L&I for any clarification on the selection of applicable prevailing wages and/or categories.

Note: False filings of forms may result in penalties and sanctions under RCW §39.12.050. Failure to pay appropriate wages may result in penalties and sanctions under RCW §39.12.065. Energy Northwest shall not be liable for any resulting difference in prevailing wages paid by Contractor or Subcontractors.

D. The work site location is in Benton County in Washington State.

I.9 BID FORM

Bids shall be submitted on the Bid Form, Appendix “B” provided with the IFB Documents.

Any submittals or data which may be required by the IFB Documents to support a Bid shall be attached to the Bid Form. The Bid Form must be properly executed; all blanks must be filled in. All Bids shall be submitted in strict compliance with the IFB Documents and the technical and commercial requirements contained herein. Bids which do not comply with these requirements, or which contain or are conditioned upon different terms provided by the Bidder may be rejected. Any Bid which attempts to disclaim liability for the Bidder's negligence or to disclaim liability for damage, which arises from Bidder’s acts to person or property, may be deemed a non-responsive Bid.

Bidder shall specifically identify by paragraph and page number and describe in detail in its Bid proposal each variation or departure from the IFB Document. If, in Energy Northwest's opinion, the Bid proposal contains material variations in or departures from the commercial terms or functional design requirements, it may be rejected as being non-responsive.

I.10 BID BOND

Each Bid shall be accompanied by a Bid Bond on Form No. 723 provided by Energy Northwest in an amount not less than 5% of the Total Bid Price with a corporate surety licensed to do business in the State of Washington or accompanied by a certified or cashier's check payable to the order of Energy Northwest for a sum not less than 5% of the amount of the Total Bid Price, conditioned that the Bidder shall pay Energy Northwest as liquidated damages the amount specified in the bond, unless Bidder enters into a Contract in accordance with their Bid and furnishes the Payment and Performance Bond hereinafter mentioned within 10 days from Contract Award.

If a Bid is rejected, or if a Bid is accepted and a Contract executed, any check shall be returned in each instance within a period of 10 days to the Bidder furnishing the same. If the Bid is one of the low Bids, such check or bond shall be held by Energy Northwest until Contract Documents are fully executed by Energy Northwest and successful Bidder and the Payment and Performance Bond is provided. The Bidder's failure to submit its Bid Bond may result in rejection of the Bid.

I.11 ADDENDA ACKNOWLEDGMENT

Bidder shall acknowledge receipt of addenda issued during the bidding period by indicating receipt of the addendum on the Bid form. It shall be the absolute responsibility of the Bidder, prior to the opening of Bids, to ascertain that its price includes all addenda issued by Energy Northwest.

I.12 ALTERATION OF BID FORMS

Bids that are conditioned in any way, or that contain erasures or interlineations not authenticated as provided herein, or that contain items not called for, items not in conformity with applicable law, or constitute changes, additions, recapitulations, or any other modifications of the bidding forms that are not specifically called for in the IFB shall, if material, cause the Bid to be rejected. Any interlineations or other changes to the Bid Form shall be authenticated when initialized by the person signing the Bid.

I.13 MODIFICATION OF BIDS

A modification of a Bid already received will be considered only if the modification is received prior to the time and date due. All modifications shall be made in writing, executed and submitted in the same form and manner as the original Bid. Modifications must be clearly identified as a "Bid Modification". Telephone or telegraphic modifications will not be considered.

I.14 WITHDRAWAL OF BID

Bidder may withdraw its Bid at any time prior to the time set for opening of Bids by giving written notice to Energy Northwest at the place designated for receipt of Bids. No Bidder will be permitted to withdraw its Bid after Bid opening unless Energy Northwest fails, for more than 45 days after the time set for the opening of Bids, to either give notice of acceptance of a Bid as provided herein or to reject all Bids. Negligence on the part of the Bidder in preparing its Bid confers no rights for the withdrawal or modification of the Bid after the time and date due of Bid submission.

I.15 ACCEPTANCE OR REJECTION OF BIDS

Energy Northwest reserves the right to reject any and all Bids or to accept the Bid which in its sole and absolute judgment shall under all circumstances best serve the interest of Energy Northwest.

Energy Northwest reserves the right to reject any Bids which are incomplete, obscure or irregular, any Bids which omit a Bid on any one or more items for which Bids are required, any Bids which omit unit prices if unit prices are required, any Bids in which unit prices are unbalanced in the opinion of Energy Northwest, any Bids accompanied by insufficient or irregular Bid securities, and any Bids otherwise determined to be nonresponsive.

Energy Northwest shall be the final authority with regard to whether a Bid is responsive and whether a Bidder is a responsible Bidder under the conditions of its Bid. No award of Contract shall be invalidated solely because of the failure of any prospective Bidder to receive an IFB package.

I.16 CONTRACT AWARD

Award of a Contract, if made, will be for the Scope of Work to the Bidder who is determined to be the responsible, responsive and qualified Bidder with the lowest price, whose Bid will be most advantageous to Energy Northwest, price and any other factors set forth herein considered. Energy Northwest may reject the Bid of any Bidder who has failed to perform satisfactorily on a previous Contract with Energy Northwest. There is no representation made by Energy Northwest that guarantees usage or a dollar amount.

I.17 PROPRIETARY DATA – PUBLIC RECORDS ACT

Bidders are cautioned that information contained in Bids relating to price and Contract terms and conditions cannot be regarded as proprietary under applicable Washington State Statutes relating to public disclosure. Bidders are further cautioned that other information submitted to Energy Northwest may become a public record in accordance with the Revised Code of Washington and may not be exempt from disclosure under the Washington State Public Disclosure Act.

I.18 REFUSAL TO EXECUTE CONTRACT

Should the successful Bidder fail or refuse to execute a Contract and furnish a Performance and Payment Bond within 10 days after notification of Contract Award by Energy Northwest, the Bidder shall be considered to have abandoned the Bid and the check or Bid Bond in the amount of 5% of the Bid delivered with the Bid shall thereupon be due and owing to Energy Northwest as liquidated damages for such failure or refusal, and Energy Northwest may thereupon award the Contract to any other Bidder.

I.19 PERFORMANCE AND PAYMENT BOND

Pursuant to RCW §54.04.080, Contractor shall provide the Performance and Payment Bond on the Form No. 715 provided by Energy Northwest within 10 days from the notification of Contract Award. To ensure compliance with the terms of the Contract Documents, Contractor shall furnish a Performance and Payment Bond in an amount equal to 100% of the amount of the Total Contract Price, excluding Washington State sales tax. The Performance and Payment Bond shall remain in force until released by Energy Northwest.

I.20 WRITTEN BID PROTEST PROCEDURES

A. Purpose: These protest procedures are included in this IFB to provide a prompt, fair and equitable administrative remedy to all Bidders regarding alleged substantive errors or omissions in the IFB or regarding any decision by Energy Northwest to award the Contract, to declare a Bid non-responsive, or to find a Bidder not responsible.

B. Form of Protest: In order to be considered, a protest shall be in writing and shall include: (1) the name, street address, telephone, fax number and email address of the aggrieved party and/or their authorized representative; (2) the IFB title and number under which the protest is submitted; (3) the economic interest of the aggrieved party in the Contract to be awarded under the IFB; (4) a detailed description of the specific grounds for the protest and any supporting documents;,

(5) the specific ruling or relief requested; and (6) evidence that all persons with a financial interest in the procurement have been given notice of the protest or if such persons are unknown, a written statement to that effect. In the event the protesting party asserts the responsibility of any other Bidder as a ground for protest, it must address in detail the specific responsibility criteria identified in the particular IFB and, absent such specific responsibility criteria, the matters addressed in chapters 39.04 and 39.06 RCW pertaining to Bidder and/or Subcontractor responsibility. The transmittal envelope must clearly identify the IFB number on its face and be labeled as a “Bid Protest.” No protest will be considered by Energy Northwest if all Bids are rejected or if the protest is received after award of the Contract as contemplated by this IFB. The protest shall be provided to Energy Northwest, General Counsel, MD 1020, 76 North Power Plant Loop, Richland, Washington 99354; Attention: General Counsel; 509.377.4650.

C. Timing:

1. Prior to Bid Opening or Due Date: Protests based on the specifications or other terms in the IFB Documents which are apparent on the face of said documents must be received by Energy Northwest no later than 10 calendar days prior to the date established for submittal of Bids. Protests based on other circumstances must be received by Energy Northwest within five calendar days after the protesting Bidder knows or should have known of the facts and circumstances upon which the protest is based. In no event shall a protest be considered if all Bids are rejected or after award of the Contract.

2. After Bid Opening and Prior to Award: Within two full business days (the equivalent of 16 business hours) after the advertised date and time of Bid opening, as amended (Saturday, Sunday, and legal holidays excluded), any party planning to protest must file a written notice of such intention with the Energy Northwest General Counsel. If no notice is received by the Energy Northwest General Counsel within the two business days, all eligible protestors will be considered to have waived their right to protest.

Notice of intention must stipulate (1) name, address, and phone number of the aggrieved party; (2) the IFB number and title under which the protest is submitted; and (3) the intended grounds for the protest.

The complete protest, prepared according to the criteria set forth herein

(and consistent with the criteria set forth in subsection I.21.B above), must be received by the Energy Northwest General Counsel within two business days (16 business hours) after the date and time of receipt of the notice of protest.

After the two business days have passed from Bid opening date/time, Energy Northwest will proceed as follows:

If a notice with intent to protest was filed with the Energy Northwest General Counsel during the two business days following Bid opening, the Energy Northwest General Counsel’s may make the following determination:

a. Suspend the award decision to allow consideration of the protest before award is made; or

b. Declare intent to award and wait a minimum of two business days (sixteen business hours as defined above) before entering into a contract. Written notice of intent to execute a contract shall be met by either one of the following methods: (1) public posting by Energy

Northwest with a named intent to award indicated on the posted tabulation, made public or accessible to the public by telephone and/or posting on the Energy Northwest internet location designated for Bid results; or (2) an Energy Northwest memorandum request to authorize award to the apparent successful Bidder. The first memorandum request submitted either to the Energy Northwest Executive Board (if applicable) or official or employee with delegated approval authority shall be considered notice of intention to award.

After Bid opening, only Bidders that submitted a Bid, subcontractors, or others that can show a substantial economic interest in the Bid award and who are aggrieved, are eligible to protest. After Bid opening, protests are limited to issues related to Bid opening, evaluation of the Bids, and intention to award decisions, and are further limited to those items that were not known or could not have been reasonably known prior to Bid opening.

Such issues that were known or should have reasonably been known must have been protested prior to Bid opening and are no longer eligible as an issue of protest.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

▪ A matter of bias, discrimination or conflict of interest on the part of the evaluator;

▪ Errors in computing the score or Bid Price upon which award decisions are based; or

▪ Non-compliance with procedures described in the solicitation for the opening and award itself.

D. Review by Energy Northwest:

1. Energy Northwest shall promptly consider the protest based on the written submittal. In its sole discretion, Energy Northwest may give notice of the protest to other interested parties, including other Bidders. Energy Northwest reserves the right to resolve or to attempt to resolve any protest that concerns the form or content of the solicitation, and which protest was received before the Bid due date or Bid opening through written addenda to the Bid documents.

2. Energy Northwest may, in its sole discretion, elect to hold a hearing regarding the protest. A hearing will not, however, generally be held unless Energy Northwest believes it would be helpful to the resolution of the Protest. At the hearing, the aggrieved party will be given a reasonable opportunity to present relevant evidence and to make legal arguments.

Other interested parties may also be given the opportunity to do so. The hearing will generally be recorded, and Energy Northwest will maintain an official record of all documentary evidence presented at the hearing.

Energy Northwest will issue a written final decision on any submitted Protest. In making its decision, Energy Northwest may consult with others and consider information relating to the protest from any source, including other interested parties. A copy of the final decision will be provided to the aggrieved party, and any other party may be required, by either (i) personal service; (ii) facsimile; or (iii) email, with telephonic confirmation.

3. The determination by Energy Northwest shall either:

a. Find the protest lacking in merit and uphold Energy Northwest’s action; or

b. Find only minor technical or harmless errors in Energy Northwest’s acquisition process and determine Energy Northwest to be in substantial compliance and therefore reject the protest; or

c. Find merit in the protest and pursue correction including correcting the errors and reevaluating the Bids, and/or reissuing the solicitation to begin a new process; or

d. Make other findings and determine other courses of action, as appropriate.

E. Stay of Award of the Contract: Energy Northwest will stay award of the Contract for two business days following the issuance of its final decision. The term “business day” shall mean any day on which Energy Northwest is open for regularly conducted business.

F. Appeal: Any appeal must be filed within two business days of the determination being delivered by the Energy Northwest General Counsel to the aggrieved party.

An appeal must be in writing and submitted to the Energy Northwest General Counsel. The written statement of appeal must provide a substantial basis for an appeal, based on the information submitted as part of the original protest. New information or basis of protest will not be considered during the appeal process.

This shall be the final appeal provided to the protestor. The protest shall be considered by the Energy Northwest General Counsel who shall consider all facts and issues and shall issue a final decision on behalf of Energy Northwest. If the aggrieved party appeals the decision, then the subsequent determination by the Energy Northwest General Counsel shall be final and conclusive. The notice shall be provided to Energy Northwest General Counsel at Kootenai Building, MD 1020, 76 North Power Plant Loop, Richland, Washington 99354; Attention: General Counsel; 509.377.4650.

G. Strict Compliance: Strict compliance with these protest procedures is essential in furtherance of the public interest. Any aggrieved party that fails to comply strictly with these protest procedures is deemed, by such failure, to have waived and relinquished forever any right or claim with respect to alleged irregularities in connection with the solicitation or award of the Contract.

SECTION II

➢ APPENDIX “A” - STATEMENT OF WORK

➢ APPENDIX “B” - BID FORM

➢ APPENDIX “C” - SPECIAL PROVISIONS

➢ APPENDIX “D” - GENERAL PROVISIONS

➢ EXHIBITS

➢ ATTACHMENT 1 - IFB 719433 Drawing Package

➢ ATTACHMENT 2 - IFB 719433 Specifications

APPENDIX “A” - STATEMENT OF WORK

A.1 INTRODUCTION

A. Energy Northwest, owns, occupies and maintains several buildings in support of Columbia. Energy Northwest continuously maintains and improves their facilities to provide a better work environment for employees and works on improvements to support building life cycle. One of the goals of this year’s projects is to replace the Wastewater Pond Liners and Leak Detection System.

B. Contractor shall provide all qualified personnel, materials, equipment, and supervision necessary to remove the existing Wastewater Pond Liners and install new liners. Energy Northwest is further evaluating costs associated with the construction of a Dosing Pond and the installation of main power distribution between junction boxes that serve all Leak Detection Systems, as described in Appendix “A”.

C. Labor performed in this Contract is subject to prevailing wage requirements pursuant to Revised Code of Washington (RCW) 39.12.

A.2 SCOPE OF WORK

A. The Phase 1 scope of work is intended to give an overview of the Work and is not inclusive of all the Work necessary to complete the project.

B. The Site location is 76 North Power Plant Loop, Richland, WA 99354, on the premises of a nuclear power generating facility. The Work shall be performed outside the Protected Area of Columbia.

Note: Contractor shall use the above address when determining the appropriate tax rate in accordance with Section B.7.

C. Contractor shall furnish all labor, supervision, tools, equipment, consumables, trash bins and specific materials to remove/replace existing Wastewater Pond Liners and remove/replace existing Leak Detection System, by March 01, 2027.

D. Contractor shall provide a detailed construction schedule to the Technical

Representative or designee for review and approval, upon Contract Award.

E. The description of the Work provided herein constitutes a general overview of the

Project. Bidders are advised that the complete Scope of Work is defined in Attachment 1 – IFB 719143 Drawing Package and Attachment 2 – IFB Specifications. All bidders shall review and rely upon these attachments to ensure full compliance with the solicitation requirements.

1. Establish approved construction entrances for the project with the

Technical Representative or designee, prior to mobilization.

2. Contractor shall submit their Lock Out Tag Out procedure to the Technical Representative or designee one week prior to performing any electrical Work.

3. Construct a lined and banked stockpile area for biosolids, graded to drain gently toward the concrete basin.

4. Establish an approved secure staging area with the Technical Representative or designee, prior to mobilization.

5. Implement all required temporary erosion and sediment control measures for the project.

6. Remove existing erosion‑protection materials from embankments and haul them to the Energy Northwest owned disposal site, located within one mile of the project area.

a. The Technical Representative or designee shall provide the location, prior to mobilization.

7. Remove existing biosolids, including select native fill located above the existing liner, and stockpile materials onsite.

8. Remove existing liners and drainage blankets.

9. Contractor shall be responsible for the disposal of all project related materials, ensuring compliance with applicable Benton County and Washington State environmental regulations and disposal requirements.

10. Grade the pond from temporary construction grade to finished design grade.

11. Install electrodes; place the geo-composite drainage layer and secondary liner; and perform leak detection surveys of the secondary liner.

12. Install the leak detection system, including all associated electrical and control conduit.

13. Install the primary liner and perform leak‑detection surveys.

14. Provide all completed leak detection surveys to the Technical

Representative or designee in writing (email is acceptable).

15. Place pea gravel over the completed liner system.

16. Perform site restoration, including gravel surfacing and hydroseeding of all disturbed areas.

17. Contractor shall coordinate and provide all permits, licenses, approvals, inspections by the authority having jurisdiction and other arrangements for work on this project to include all associated fees.

G. Work hours may be increased based upon Columbia’s needs. Any changes to the hours or schedule will be agreed upon the Parties.

H. Contractor is responsible for costs associated with delays not specifically allowed in this document and costs to remediate a condition not caused by Energy Northwest. Examples include delays to obtain chemical permits for chemicals not previously identified by Contractor, material procurement, and costs associated with hazardous waste spills.

A.3 OPTIONAL BID ITEM 1

Pricing for this Optional Bid Item shall be submitted, via the Bid Form, independently from the base construction Work pricing. Energy Northwest may review submitted Bids for either just the base construction Work, or by combining costs related to the base construction Work and Option Bid Item(s). Bidder is not required to bid this Work, but if Energy Northwest elects to proceed with the Phase 3 construction of the Dosing Pond, Bidder may not be found to be responsive.

A. Contractor shall complete Phase 3 construction of the Dosing Pond. See Attachment 1 - IFB 719433 Drawing Package and Attachment 2 – IFB 719433 Specifications for additional information to support the full scope of work.

A.4 OTIONAL BID ITEM 2

Pricing for this Optional Bid Item shall be submitted, via the Bid Form, independently from the base construction Work pricing. Energy Northwest may review submitted Bids for either just the base construction Work, or by combining costs related to the base construction Work and Option Bid Item(s). Bidder is not required to bid this Work, but if Energy Northwest elects to proceed with partial Phase 5 completion of main power distribution between all junction boxes, Bidder may not be found to be responsive.

A. Contractor shall complete partial Phase 5 to install main power distribution between all junction boxes. See Attachment 1 - IFB 719433 Drawing Package and Attachment 2 – IFB 719433 Specifications for additional information to support the full scope of work.

A.5 SCHEDULE OF WORK

A. The actual dates are subject to change based on Columbia’s operational schedules. Technical Representative or designee will coordinate actual start dates with Contractor.

B. Contractor is expected to work a 4x10 schedule. The start and end times will be coordinated and mutually accepted by the Parties.

C. Contractor is expected to work the hours and shifts necessary to complete the

Work safely, on time and on budget.

D. Delays greater than 4 hours that are not recoverable are to be documented in writing and provided to the Technical Representative or designee at the close of each day (email is acceptable).

A.6 DRAWINGS AND/OR PICTURES

A. Electronic drawings will be supplied for Contractor's use.

B. Submit any details for review and approval that differ from those details which are provided on the drawings. Any and all requested changes to the design shall be approved by the Technical Representative or designee prior to those changes taking place.

A.7 ENERGY NORTHWEST’S RESPONSIBILITIES

A. Provide project layout, Site coordination and work schedule.

B. Provide access to the work area.

C. Provide power for small tools for this project only. Any significant power requirements shall be the Contractor’s responsibility (see A.8).

D. Provide a Technical Representative or designee to coordinate work activities.

E. Review and approve all Contractor submitted programs, procedures and qualifications, if applicable to the Work.

F. Review and approve Contractor personnel and qualifications that will be assigned to the Work, if applicable. Energy Northwest reserves the right to approve or disapprove any field personnel.

G. Provide the decision regarding Contractor mobilization based on current Energy

Northwest maintenance schedules. Energy Northwest shall notify Contractor in a timely manner of delays or schedule changes.

H. Monitor Contractor personnel behaviors to make sure the behaviors are meeting or exceeding the safety requirements of Energy Northwest.

I. Provide drawings, workorders and other information as necessary to complete the

Work.

J. Provide Energy Northwest Industrial Safety Standards handbooks and/or procedures applicable to the Work, upon request.

A.8 CONTRACTOR’S RESPONSIBILITIES

A. Upon Contract Award, contact the Technical Representative or designee and schedule a Site visit to begin the pre-planning process for the Work.

B. Upon Contract Award, submit a list of all chemicals being used with applicable

Safety Data Sheets. Chemicals must be reviewed and approved by Energy Northwest in accordance with SWP-CHEM-05 prior to arrival onsite.

Caution: No chemicals may be brought onsite without prior written approval

C. Upon Contract Award, submit a list of personnel and their roles for the Work being performed under this Contract. The list shall be submitted to the Technical Representative or designee.

D. Provide a single point of contact for the duration of the Work.

E. Provide weekly activity report to the Technical Representative or designee (email is acceptable).

F. Assist the Technical Representative or designee in the development of the final implementation schedule.

G. Mobilize equipment and personnel required for the Work in a well-organized manner. Ensuring the Work is successful in regard to quality workmanship, cost efficiency and schedule adherence.

H Provide a list of non-road engines to the Technical Representative or designee, if applicable to the Work.

I. Contractor shall coordinate the delivery and arrival of equipment with the Technical

Representative or their designee prior to the start of Work, if pre‑staging has been mutually agreed upon by the Parties.

J. Contractor shall provide their own generator(s) to supply power for the Work.

Energy Northwest shall only provide power only for small tools. (See A.7)

K. Follow all safety rules, including wearing required personal protective equipment as defined by Energy Northwest, or Contractor’s safety program, whichever is more stringent.

L. Provide information, if requested by Energy Northwest, for inspections and/or Work performed may include, but are not limited to; detailed descriptions, photos, videos and sketches to the Technical Representative or designee.

M. Demobilize personnel and equipment following successful written acceptance of the Work by the Technical Representative or designee (email is acceptable).

A.9 CONTRACTOR’S PERFORMANCE EXPECTATIONS

A. Submit any details for review and approval that differ from those details which are provided on the drawings or instructions to the Technical Representative or designee for review and approval, prior to the start of Work (email submission is acceptable).

B. Daily Meetings (after mobilization): Prior to start of work for the day, all Contractor personnel will be expected to attend a morning pre-job/safety meeting for 15 to 45 minutes with the Technical Representative or designee.

If Contractor has experienced unplanned or safety related events, this meeting may be extended, and additional meetings may be conducted daily at the discretion of the Technical Representative or designee to preclude recurrence and avoid occurrence of similar events.

C. Actively engage with the Technical Representative or designee to discuss safety aspects of the job.

D. Provide required resources necessary to complete the Work. Energy Northwest shall not supplement Contractor’s crew or provide any equipment or tools.

E. Perform the Work on schedule. Discuss challenges that could prevent Work from being successful with the Technical Representative or designee to prevent delays in the Work.

F. Perform the Work within budget.

G. Perform the Work with no rework.

H. Perform the Work with no injuries.

I. Cleanup work area daily.

A.10 CONTRACTOR’S DELIVERABLES

A. Perform and complete the Work in accordance with Attachment 1 - IFB 719433 Drawing Package and Attachment 2 – IFB 719433 Specifications, and all other Contract document provisions.

B. Provide qualified personnel to perform the Work.

C. Contractor shall provide a detailed project schedule for review and approval by the

Technical Representative or designee.

D. Prior to the first payment Contractor shall provide the required prevailing wage intent and performance and payment bond to Melinda Soto at mjsoto@energy-northwest.com.

E. Demobilize personnel and equipment following successful written acceptance of the Work by the Technical Representative or designee (email is acceptable).

F. Prior to the final payment: Contractor shall submit the approved prevailing wage affidavit; this document shall verify compliance with Washington State labor laws and ensure that all wages paid under the contract reflect the prevailing wage standards applicable to the scope of work to Melinda Soto at mjsoto@energy-

G. Prior to the final payment: Contractor shall submit the completed Final Statement and General Release to Melinda Soto at mjsoto@energy-mailto:mjsoto@energy-northwest.com mailto:mjsoto@energy-northwest.com mailto:mjsoto@energy-northwest.com

A.11 QUALITY ASSURANCE

A. Contractor shall be familiar with all features of the job site which may affect the execution of the Work. Quality Assurance will be verified by the Technical Representative or designee. It is the expectation of Energy Northwest that all Contractors perform at or exceed industry standards and uphold all the safety standards.

B. Contractor shall provide the Technical Representative or designee with any requested Contractor training records, quality assurance documentation, or credential information for review.

APPENDIX “B” – BID FORM

NAME OF BIDDER:

(Full Legal Company Name)

Required Criteria YES NO

Bidder has completed and signed the Bid Form?

Bidder shall complete the Work by March 1, 2027?

Bidder scheduled and attended the mandatory Examination of Site?

Responsible Bidder Must be filled in

Current certificate of registration number as a contractor:

Washington State Unified Business Identifier (UBI) number:

YES NO

Bidder has Industrial Insurance (workers’ compensation) coverage for the Bidder’s employees working in Washington?

Bidder has a Washington State Employment Security Department number?

Bidder has a Washington Department of Revenue state excise tax registration number?

Bidder has not been disqualified from performing work on any state or federal contract?

Bidder has completed the required Contractor Training or is exempt?

Bidder has submitted the completed and signed Exhibit “A” - Certification of Compliance with Wage Payment Statutes?

Responsive and Qualified Bidder (Commercial) YES NO

Bidder has thoroughly reviewed the specifications, laws and ordinances governing the Work contemplated?

Bidder has submitted a current non-expired W-9?

Bidder has submitted their proposed subcontractors Exhibit “C”?

Bidder has declared they have previously performed Work at Columbia?

Bidder has submitted exceptions to Energy Northwest’s Appendix “D”

Responsive and Qualified Bidder (Technical) YES NO

Bidder has included the equivalent project experience?

Bidder included key personnel?

Bidder has submitted a completed OSHA statistical report Exhibit “B”

Bidder has submitted their level 1 project schedule?

Bidder has provided a schedule of values (SOV)?

Bidder has submitted a Site-Specific Safety and Health Plan