K5904 Autoclaves and services.pdf

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 1

(Rev 2023-12-18)

WASHINGTON STATE DEPARTMENT OF AGRICULTURE (WSDA)

REQUEST FOR QUALIFICATIONS AND QUOTES (RFQQ) NO. K5904

THREE AUTOCLAVES AND ASSOCIATED SERVICES

INTRODUCTION

WSDA is issuing this RFQQ pursuant to RCW 39.26 to purchase three (3) autoclaves, a warranty, accreditations to comply with United States Department of Agriculture and United States Food and Drug Administration (FDA) funding standards, and 24 hour guaranteed service and maintenance. The successful vendor will also de-install 3 autoclaves and install these 3 new autoclaves.

This RFQQ is divided into six (6) sections:

Section 1 provides a summary table of relevant deadlines for responding to the RFQQ and identifies contact information for the Procurement Coordinator.

Section 2 provides important information about the procurement that is designed to help interested responders evaluate the potential opportunity, including the purpose of the procurement, and the form of the resulting contract.

Section 3 identifies how WSDA will evaluate the responses.

Section 4 identifies how to prepare and submit a response for this RFQQ, including detailed instructions regarding what to submit and how to submit your response.

Section 5 details the applicable requirements to file a complaint, request a debrief conference, or file a protest regarding this RFQQ.

Section 6 provides information pertaining to doing business with the State of Washington, including WSDA’s efforts to enable Washington’s small and diverse businesses to compete for and participate in state procurements for goods/services.

In addition, this RFQQ includes the following Exhibits:

Exhibit A – Required Responder Information: These exhibits identify information that responders must provide to WSDA to constitute a responsive response. See Section 4, below.

o Exhibit A-1 – Responder’s Certification o Exhibit A-2 – Responder’s Profile

Exhibit B – Bidder’s Qualifications To Perform Specifications

This exhibit is space for bidders to respond to the required specifications/qualifications for the service that is the subject of this RFQQ.

Exhibit C – Price: This exhibit provides the pricing information that responders will complete as part of their response and the price evaluation tool that the Procurement Coordinator will use to evaluate and compare responses.

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 2

SECTION 1 – DEADLINES, QUESTIONS, PROCUREMENT COORDINATOR, AND MODIFICATION

This section identifies important deadlines for this RFQQ, where to direct questions regarding the RFQQ, and the process for potential amendments or modifications to the RFQQ.

1.1. RFQQ DEADLINES. The following table identifies important dates for this RFQQ:

RFQQ DEADLINES

ITEM DATE

RFQQ Posting Date: February 3, 2025

Bidders’ Site Walkthrough February 7, 2025

Question

Answer Period:

Deadline for Submitting Questions: February 7, 2025

Anticipated Deadline for Answers February 10, 2025

Deadline for Submitting Responses February 14, 2025

Anticipated Announcement of Apparent Successful Responder: February 17, 2025

Anticipated Award of Contract: February 18, 2025

1.2. RFQQ QUESTIONS. Questions or concerns regarding this RFQQ must be sent in writing, via email, to the following Procurement Coordinator:

Procurement Coordinator

Name: Laura Holmes

Email: Laura.holmes@agr.wa.gov

Questions raised during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS).

1.3. COMPLAINTS, DEBRIEFS, & PROTESTS. The RFQQ (and award of any Contract) is subject to complaints, debriefs, and protests as explained in Section 5, which may impact the dates listed above.

1.4. RFQQ – AMENDMENT & MODIFICATION. WSDA reserves the right to amend and modify this RFQQ.

Only responders who have properly registered and downloaded the original RFQQ directly via the Washington Electronic Business Solution WEBS will receive notifications of amendments and other correspondence pertinent to this RFQQ. Visit WEBS to register.

SECTION 2 – INFORMATION ABOUT THE PROCUREMENT

This section describes the purpose of the RFQQ and provides information about this procurement, including the scope of this effort.

2.1. PERFORMANCE SPECIFICATION – CONTRACT AWARD . The purpose of this RFQQ is to receive competitive responses to evaluate and, as appropriate, award a Contract or Purchase Order to buy 3 autoclaves, a warranty, accreditations, 24 hour response time service and maintenance, and de-install 3 existing autoclaves, as well as installation of these newly bought autoclaves.

THE PERFORMANCE SPECIFICATIONS ARE AS FOLLOWS:

https://fortress.wa.gov/ga/webs

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 3

1. Autoclaves – Provide 3 autoclaves that perform equivalent or better than the Steris model 20 Inch Lab 250(LS) Electric Sterilizer. Note if you are a reseller or a product manufacturer.

2. Provide a warranty for autoclaves. Please indicate warranty coverage, length of coverage and cost of the warranty. If you are a reseller, explain how WSDA will enforce the warranty with the product manufacturer. Include manufacturer contacts and other pertinent information.

3. To comply with our federal cooperative agreements, the autoclaves must undergo three separate accreditation processes. The three accreditation processes are:

Installation Qualification (IQ) Operational Qualification (OQ) Performance Qualification (PQ)

All three processes are required to produce consistent high quality lab analyses that meet the standards set by our partners at the FDA and USDA. For additional details please see A Basic Guide to IQ, OQ, PQ in FDA-Regulated Industries.

Indicate which vendor will complete these accreditations, their experience in this field, and if this is a 3rd party vendor, how do they warranty their work and how does WSDA access the warranty if the accreditations are unacceptable.

4. Service and maintenance – WSDA requires a guaranteed 24-hour response for service calls. If you are proposing 3rd party service, provide contact details and their performance record in meeting the 24-hour time limit. Explain what remedies WSDA has if the company fails to meet the 24-hour requirement. Provide a maintenance schedule and price for a yearly maintenance program.

5. Deinstall existing autoclaves. Provide expertise to deinstall the existing autoclaves. Note these are the property of Labor and Industries. We only require deinstallation and moving them out of the way to install the new autoclaves.

6. Install newly purchased autoclaves. Provide expertise to install and calibrate the new autoclaves. If using a 3rd party vendor, provide their experience, qualifications and warranty in autoclave installation.

Please provide your qualifications to meet specifications 1 through 6 as Exhibit B. Provide pricing for 1 through 6 as Exhibit C.

2.2. BIDDERS’ SITE WALKTHROUGH. There is an optional site walkthrough scheduled for Friday February 7, 2025, at 1:00 p.m. The location is the Linderson Lab, located at 7321 Linderson Way, Tumwater WA 98501. Please email Tracie Lindeblom, Facilities Manager, and Laura Holmes, Procurement Coordinator, if you plan to attend. Emails are tracie.lindeblom@agr.wa.gov and laura.holmes@agr.wa.gov .

2.3. CONTRACT. WSDA intends to issue a Purchase Order after award.

2.4. CONTRACT TERM. The anticipated contract term is February 19, 2025, through June 30, 2028.

WSDA needs to buy and install the autoclaves as soon as possible. Warranty, service and regular maintenance will continue over the useful life of the autoclaves. Responders should specify prices for the contract term. The Contract may be terminated earlier as specified in the contract language.

https://www.thefdagroup.com/blog/a-basic-guide-to-iq-oq-pq-in-fda-regulated-industries https://www.thefdagroup.com/blog/a-basic-guide-to-iq-oq-pq-in-fda-regulated-industries mailto:tracie.lindeblom@agr.wa.gov mailto:laura.holmes@agr.wa.gov

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 4

2.5. ESTIMATED CONTRACT VALUE. Although WSDA does not represent or guarantee any minimum purchase from the Contract, WSDA anticipates a $400,000 budget for the term of this contract.

2.6. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. WSDA will apply the following Washington State procurement priorities and preferences to this RFQQ which, as set forth in Section 3.5, will impact the evaluation of responses for this RFQQ:

Executive Order 18-03: 25 points

Washington Small Business: 50 points

Certified Veteran-Owned Business: 50 points

SECTION 3 – RESPONSE EVALUATION

This section identifies how WSDA will evaluate responses for this RFQQ.

3.1. OVERVIEW. WSDA & Procurement Coordinator will evaluate responses for this RFQQ as described below.

Responder responsiveness, performance requirements, price factors, and responsibility, will be evaluated based on the process described herein.

Any responder whose response is determined to be non-responsive will be rejected and will be notified of the reasons for this rejection.

WSDA reserves the right to: (1) Request clarification regarding any response;

(2) Waive any informality; (3) Reject any or all responses, or portions thereof;

(4) Accept any portion of the response unless the responder stipulates all or nothing in their response; (5) Cancel the RFQQ and, if desired, re-solicit responses; and/or (6) Negotiate with the lowest responsive and responsible responder(s) to determine if such response can be improved.

WSDA will use the following process and evaluation criteria to determine eligibility for an award of the Contract:

STEP ITEM POINTS

Response Responsiveness

1 Response Responsiveness Pass/Fail

Response Evaluation

Performance Requirements/Experience/Qualifications Exhibit B – Performance Requirements

3 Cost Factors Exhibit C – Response Price 100

Total: 500

State Procurement Priorities

Washington Small Business 50

Certified Veteran-Owned Business 50

Executive Order 18-03 25

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 5

Total: 625

TOP-SCORED RESPONDER(S)

Responsible Responder

5 Responder Responsibility Analysis Pass/Fail

Contract Negotiations

6 Contract Negotiations N/A

3.2. RESPONSE RESPONSIVENESS/RESPONSIBILITY (STEP 1). Procurement coordinator will review responses

– on a pass/fail basis – to determine whether the response is ‘responsive’ to this RFQQ. This means that procurement coordinator will review each response to determine whether the response is complete – i.e., does the response include each of the required response submittals, are the submittals complete, signed, legible. Procurement coordinator reserves the right – in its sole discretion – to determine whether a response is responsive – i.e., to determine a responder’s compliance with the requirements specified in this RFQQ and to waive informalities in a response.

An informality is an immaterial variation from the exact requirements of the RFQQ, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, 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 responders.

3.3. PERFORMANCE REQUIREMENTS EVALUATION (STEP 2). WSDA will evaluate each response to ensure that each responder’s goods(s) and/or service(s) meet the specifications and/or performance requirements set forth in Exhibit B – Performance Requirements. WSDA reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Responder. A responder’s failure to provide requested information to WSDA within ten (10) business days may result in disqualification.

3.4. RESPONSE PRICING EVALUATION (STEP 3). The procurement coordinator will evaluate response pricing by reviewing and comparing the submitted response prices provided in Exhibit C-Response Price.

3.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 4). WSDA will apply the following Washington State procurement priorities and preferences, as set forth below, to this RFQQ

PROCUREMENT PREFERENCE FOR EXECUTIVE ORDER 18-03 (Firms without Mandatory Individual Arbitration for Employees). Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), WSDA will evaluate responses for best value and will provide a response preference in the amount of 25 points to any responder who certifies, pursuant to Exhibit A-1 – Responder’s Certification, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

WASHINGTON SMALL BUSINESSES. In furtherance of Washington’s business inclusion goals WSDA will evaluate responses for best value and will provide a response preference in the amount of 50 points to any responder who certifies, pursuant to Exhibit A-1 – Responder’s Certification, that Responder qualifies as a ‘Washington Small Business’ as set forth in Exhibit A-1 – Responder’s Certification.

https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717 https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 6

CERTIFIED VETERAN-OWNED BUSINESSES. In furtherance of Washington’s business inclusion goals, WSDA will evaluate responses for best value and will provide a response preference in the amount of 50 points to any responder who certifies, pursuant to Exhibit A-1 – Responder’s Certification, that Responder qualifies as a Washington Department of Veterans’ Affairs Certified Veteran-Owned Business.

3.6. RESPONDER RESPONSIBILITY ANALYSIS (STEP 5). WSDA must determine whether the responder is a ‘responsible responder.’ Accordingly, WSDA will make reasonable inquiry to determine responder responsibility on a pass/fail basis. In determining responder responsibility, WSDA will consider the following statutory elements:

Responder’s ability, capacity, and skill to perform the contract or provide the service required;

Responder’s character, integrity, reputation, judgment, experience, and efficiency;

Responder’s ability to perform the contract within the time specified;

Responder’s performance quality pertaining to previous contracts or services;

Responder’s compliance with laws relating to the contract or services;

Whether, within the three-year period immediately preceding the date of the RFQQ, responder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

Such other information as may be secured having a bearing on the decision to award the Contract.

See RCW 39.26.160(2)(a)-(g). In addition, WSDA may consider the following:

Financial Information: WSDA may request financial statements, credit ratings, references, record of past performance, clarification of responder’s response, on-site inspection of responder's or subcontractor's facilities, or other information as necessary to determine responder’s capacity to perform and the enforceability of responder’s contractual commitments. Failure to respond to these requests may result in a response being rejected as non-responsive.

References: WSDA 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 reference can be reason for rejecting a responder as non-responsible.

3.7. CONTRACT NEGOTIATIONS (STEP 6). WSDA may negotiate with the highest scored responsive, responsible responder to finalize the Contract and to determine if the response may be improved.

If, after a reasonable period of time, WSDA, in its sole judgement, cannot reach agreement on acceptable Contract terms with such responder, WSDA may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible responder as determined by the evaluations.

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 7

3.8. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. WSDA will determine the Apparent Successful Responder (“ASB”). The ASB will be the responsive and responsible responder(s) that best meet(s) the RFQQ requirements and presents the best total value, including price, as calculated consistent with the instructions set forth in Exhibit C – Response Price, and other factors as set forth in this RFQQ including any applicable state procurement priority or preference.

Designation as an ASB does not imply that WSDA will issue an award for a Contract. Rather, this designation allows WSDA to perform further analysis and ask for additional documentation. The responder must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a responder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

Upon ASB announcement, responders may request a debrief conference as specified in Section 5.

3.9. AWARD OF CONTRACT. Subject to protests, if any, WSDA will issue a purchase order. Following the award , all responders registered in WEBS will receive a Notice of Award delivered to the responder’s email address provided in the responder’s profile in WEBS.

3.10. RESPONSE INFORMATION AVAILABILITY. Upon WSDA’s announcement of ASB, all response submissions and all response evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2).

SECTION 4 – HOW TO PREPARE AND SUBMIT A RESPONSE FOR THIS RFQQ

This section identifies how to prepare and submit your response for this RFQQ. In addition, responders will need to review and follow the RFQQ requirements including those set forth in the exhibits, which identifies the information that responders must provide to the Procurement Coordinator to constitute a responsive response. By responding to this RFQQ and submitting a response, responders acknowledge having read and understood the entire RFQQ and accept all information contained within this RFQQ.

4.1. RESPONDER COMMUNICATIONS REGARDING THIS RFQQ. During the RFQQ process, all responder communications regarding this RFQQ must be directed to the Procurement Coordinator specified in Section 1.2 of this RFQQ. Responders should rely only on this RFQQ and written amendments to this RFQQ issued by the Procurement Coordinator. In no event will oral communications regarding this RFQQ be binding.

Responders are encouraged to make any inquiry regarding the RFQQ as early in the process as possible to allow WSDA to consider and, if warranted, respond to the inquiry. If a responder does not notify the Procurement Coordinator of an issue, exception, addition, or omission, such matter may be considered to be waived by the responder for protest purposes.

If responder inquiries result in changes to the RFQQ, written amendments will be issued and posted on WEBS.

Unauthorized responder contact regarding this RFQQ with other state employees involved with the RFQQ may result in responder disqualification.

4.2. PRICING. Response prices must include all cost components needed for the goods and/or services as described in this RFQQ. See Exhibit C – Response Price. A responder’s failure to identify all costs in a manner consistent with the instructions in this RFQQ is sufficient grounds for disqualification.

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 8

Inclusive Pricing: Responders must identify and include all cost elements in their pricing. In the event that responder is awarded a Contract, the total price for the goods and/or services shall be responder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

4.3. RESPONSE SUBMITTAL CHECKLIST – REQUIRED RESPONSE SUBMITTALS. This section identifies the response submittals that must be provided to the Procurement Coordinator to constitute a responsive response. The submittals must be delivered as set forth below. Responses that do not include the submittals identified below may be rejected as nonresponsive. In addition, a responder’s failure to complete any submittal as instructed may result in the response being rejected.

Responders may not provide unsolicited materials. For any supplemental materials expressly required by the Procurement Coordinator in writing, responders must identify such supplemental materials with the responder’s name.

EXHIBIT A-1 – RESPONDER’S CERTIFICATION

This document is the Responder’s Certification. Complete the certification, along with any exceptions or required explanations, and submit it with the response to the Procurement Coordinator. Note: The Certification must be complete. Where there are choices, responder must check a box. The certification must be signed and submitted by a duly authorized representative for the responder.

EXHIBIT A-2 – RESPONDER’S PROFILE

This document is required responder information for contract administration purposes. Complete as instructed and submit it with the response to the Procurement Coordinator.

EXHIBIT B – BIDDER’S QUALIFICATIONS TO PERFORM SPECIFICATIONS

Responder will need to confirm that responder’s goods and/or services and/or responder’s performance meets or exceeds the detailed specifications/qualifications set forth above and submit it with the response to the Procurement Coordinator.

EXHIBIT C – RESPONSE PRICE

Responder will need to complete the price worksheet tools as instructed in Exhibit C – Response Price and submit it with the response to the Procurement Coordinator.

4.4. RESPONSE FORMAT. Responses must be complete, legible, signed, and follow all instructions stated in the RFQQ (including the exhibits). Unless otherwise specified in writing by documents included with an electronic response must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, responders may sign using either a physical or electronic signature.

4.5. SUBMITTING RESPONSES. Responder’s electronic response must be emailed to the Procurement Coordinator at the following email address: agrprocurement@agr.wa.gov. Note: This email only can accept emails (including attachments) that total less than 30MB in size. Responders are cautioned to keep email sizes to less than 25MB to ease delivery.

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 9

SECTION 5 – COMPLAINT, DEBRIEF, & PROTEST REQUIREMENTS

This section details the applicable requirements for complaints, debriefs, and protests.

5.1. COMPLAINTS. This RFQQ offers a complaint period for responders wishing to voice objections to this RFQQ. The complaint period ends five (5) business days before the response due date. The complaint period is an opportunity to voice objections, raise concerns, or suggest changes that were not addressed during the Question & Answer Period. Failure by the responder to raise a complaint at this stage may waive its right for later consideration. WSDA will consider all complaints but is not required to modify or cancel the RFQQ. If responder complaints result in changes to the RFQQ, written amendments to the RFQQ will be issued and posted on WEBS.

a. CRITERIA FOR COMPLAINT. A complaint may be based only on one or more of the following grounds: (a) The RFQQ unnecessarily restricts competition; (b) The RFQQ evaluation or scoring process is unfair or flawed; or (c) The RFQQ requirements are inadequate or insufficient to prepare a response.

b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than five (5) business days prior to the deadline for response submittal; and (b) Be in writing (see Form and Substance, and Other below). A complaint should clearly articulate the basis of the complaint and include a proposed remedy.

c. RESPONSE. When a complaint is received, the Procurement Coordinator (or designee) will consider all the facts available and respond in writing prior to the deadline for response submittals, unless more time is needed. WSDA is required to promptly post the response to a complaint on WEBS.

d. RESPONSE IS FINAL. The Procurement Coordinator’s response to the complaint is final and not subject to administrative appeal. Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator prior to response submittal may be deemed waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a responder and WSDA, through its Procurement Coordinator, to meet and discuss the responder’s response (and, as further explained below, is a necessary prerequisite to filing a protest). Following the response evaluation, WSDA will issue an ASB announcement. That the ASB announcement may be made by any means, but WSDA likely will use email to the responder’s email address provided in the Responder’s Profile. Responders will have three (3) business days to request a Debrief Conference, if desired. If a Debrief Conference is timely requested, WSDA will offer the requesting responder one meeting opportunity and notify the responder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, WSDA likely will schedule the Debrief Conference shortly after the ASB announcement and the responder’s request for a Debrief Conference. WSDA will not allow the debrief process to delay the Contract award. Accordingly, responders should plan for contingencies and alternate representatives. Responders who wish to protest must first participate in a Debrief Conference.

Responders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. A debrief is a required prerequisite for a responder wishing to file a protest.

a. TIMING. A Debrief Conference may be requested by a responder following the Apparent Successful Responder (ASB) announcement.

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b. PURPOSE OF DEBRIEF CONFERENCE. Any responder who has submitted a timely response may request a Debrief Conference (see also Section 5.4 below). A Debrief Conference provides an opportunity for the responder to meet with WSDA to discuss responder’s response and evaluation. It does not provide an opportunity to discuss other responses and evaluations.

c. REQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after the ASB announcement. Debrief conferences may be conducted either in person at the procurement coordinator’s office in Olympia, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by WSDA, and may be limited by WSDA to a specified period of time. A responder’s failure to request a Debrief Conference within the specified time and attend the Debrief Conference constitutes a waiver of the right to submit a protest. Any issue, exception, addition, or omission not brought to the attention of the procurement coordinator before or during the Debrief Conference may be deemed waived for protest purposes.

5.3. PROTESTS. Following a Debrief Conference, a responder may protest the award of a Contract.

a. CRITERIA FOR A PROTEST. A protest may be based only on one or more of the following:

(a) Bias, discrimination, or conflict of interest on the part of an evaluator; (b) Error in computing evaluation scores; or (c) Non-compliance with any procedures described in the

RFQQ.

b. INITIATING A PROTEST. Any responder may protest an award to the ASB. A protest must:

(a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting responder’s Debriefing Conference (see also Section

5.4 below); (b) Be in writing; (c) Include a specific and complete statement of facts forming the basis of the protest; and (d) Include a description of the relief or corrective action requested.

c. PROTEST RESPONSE. After reviewing the protest and available facts, WSDA’s Protest Officer will issue a written response within ten (10) business days from receipt of the protest, unless additional time is needed.

d. DECISION IS FINAL. The protest decision is final and not subject to administrative appeal. If the protesting responder does not accept WSDA’s protest response, the responder may seek relief in Thurston County Superior Court.

5.4. COMMUNICATION DURING COMPLAINTS, DEBRIEFS, AND PROTESTS. With the exception of protests, all communications about this RFQQ, including complaints and debriefs, must be addressed to the Procurement Coordinator unless otherwise directed. Protests must be addressed to the Protest Officer.

a. FORM, SUBSTANCE, & OTHER. All complaints, debrief conference requests, and protests must:

i. Be in writing;

ii. Be signed by the complaining, requesting, or protesting responder or an authorized agent;

iii. Be delivered within the time frame(s) outlined herein;

iv. Identify the RFQQ number;

v. Conspicuously state “Complaint,” “Debrief,” or “Protest” in any subject line of any correspondence or email; and

RFQQ NO. K5904 – AUTOCLAVES AND ASSOCIATED SERVICES PAGE 11

vi. Be sent to the address identified below.

b. COMPLAINTS & PROTESTS. All complaints and protests must (a) State all facts and arguments on which the complaining or protesting responder is relying as the basis for its action; and

(b) Include any relevant documentation or other supporting evidence.

5.5. HOW TO CONTACT [WSDA].

a. TO SUBMIT A COMPLAINT. Send an email message to the Procurement Coordinator listed in this RFQQ (see Section 1.2, above). The email message must include “Complaint” in the subject line of the email message

b. TO REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this RFQQ (see Section 1.2, above). The email message must include “Debrief” in the subject line of the email message.

c. TO SUBMIT A PROTEST. Send an email message to the Protest Officer at the following email address: laura.holmes@agr.wa.gov . The email message must include “Protest” and the Solicitation number in the subject line of the email message.

SECTION 6 – DOING BUSINESS WITH THE STATE OF WASHINGTON

This section provides additional information regarding Washington’s Public Records Act and doing business with the State of Washington, including WSDA’s efforts to enable Washington’s small, diverse, and veteran-owned businesses to compete for and participate in state procurements for goods/services.

6.1. WASHINGTON’S PUBLIC RECORDS ACT – PUBLIC RECORDS DISCLOSURE REQUESTS.

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

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

In addition, if, in responder’s judgment, certain portions of responder’s response are not statutorily exempt from disclosure but are sensitive because these particular portions of responder’s response (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that responder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of responder’s response that include such sensitive information.

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

WSDA’s Public Records Officer will review any records marked by responder as statutorily exempt from disclosure. In those situations, where the designation mailto:laura.holmes@agr.wa.gov https://app.leg.wa.gov/RCW/default.aspx?cite=42.56

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comports with the stated statutory exemption from disclosure, WSDA will redact or withhold the document(s) as appropriate.

For documents marked ‘sensitive’ or for documents where WSDA either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, WSDA will notify responder, at the address provided in the response submittal, of the public records disclosure request and identify the date that WSDA intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the responder, at responder’s sole expense, timely obtains a court order enjoining WSDA from such disclosure. In the event responder fails to timely file a motion for a court order enjoining such disclosure, WSDA will release the requested document(s) on the date specified. Responder’s failure properly to identify exempted or sensitive information and timely respond after notice of request for public disclosure has been given shall be deemed a waiver by responder of any claim that such materials are exempt or protected from disclosure.

6.2. SMALL & DIVERSE BUSINESSES. WSDA, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded responders. See, e.g., RCW 39.19 (OMWBE certified businesses);

RCW 43.60A.200 (WDVA certified veteran-owned businesses); and RCW 39.26.005 (Washington small businesses). Achievement of these goals is encouraged whether directly or through subcontractors.

OMWBE CERTIFICATION. Responders may contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and Women-Owned certified firms, state and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at OMWBE. OMWBE-Certified firms may provide their certification information on Exhibit A-2 – Responder’s Profile.

WDVA CERTIFICATION. Responders may contact the Washington State Department of Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. The qualification requirements to be a Certified Veteran-Owned Business are set forth in Exhibit A-1 – Responder’s Certification.

WASHINGTON SMALL BUSINESSES. Responders may contact WSDA about small and diverse business inclusion and qualification as a Washington Small Business. If you qualify as a Washington Small Business, identify yourself as such in WEBS. Call WEBS Customer Service at 360-902-7400. The qualification requirements to self-certify as a Washington Small Business are set forth in Exhibit A-1 – Responder’s Certification.

6.3. WEBS REGISTRATION. Individuals and firms interested in state contracting opportunities with WSDA or any state agency should register for RFQQ notices at the Washington Electronic Business Solution (WEBS) WEBS Registration. Note: There is no cost to register on WEBS.

https://app.leg.wa.gov/RCW/default.aspx?cite=39.19 https://app.leg.wa.gov/RCW/default.aspx?cite=43.60A.200 https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.005 http://www.omwbe.wa.gov/ http://www.omwbe.wa.gov/ http://www.omwbe.wa.gov/ https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search http://www.dva.wa.gov/ http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx

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INCLUDED EXHIBITS

EXHIBIT A-1 – RESPONDER’S CERTIFICATION

See attached Exhibit A-1 – Responder’s Certification.

Note: As set forth above, Responder must complete, sign, and return the Responder’s Certification to the Procurement Coordinator.

EXHIBIT A2 – RESPONDER’S PROFILE

See attached Exhibit A-2 – Responder’s Profile.

Note: As set forth above, Responder must complete and return the Responder’s Profile to the Procurement Coordinator.

EXHIBIT B – PERFORMANCE REQUIREMENTS

See attached Exhibit B – Performance Requirements.

EXHIBIT C – RESPONSE PRICE

See attached Exhibit C – Response Price.

Note: As set forth above, Responder must complete and return Exhibit C – Response Price to the Procurement Coordinator.