N&S 02926 8.4.26 Solicitation.pdf

COMPETITIVE SOLICITATION NO. 02926 – NUTRITIONALS & SUPPLEMENTSPAGE 1

(Rev 2026-06-18)

Competitive Solicitation – No. 02926 for

Nutritional & Supplements Contracts

Interested Bidders: On behalf of the Washington State Department of Enterprise Services (“Enterprise Services”), thank you for your interest in contracting with the State of Washington to provide goods/services. To ensure a fair and transparent procurement process that is open to all qualified vendors, Washington’s Procurement Code for Goods/Services (RCW 39.26) requires that this procurement be conducted through a competitive solicitation process.

This Competitive Solicitation is designed to result in contracts (“Contract(s)” or “Enterprise Procurement Solution Contract(s)”) that can be used by any Washington State agency as well as other specified eligible purchasers (collectively, “Purchasers”) to purchase the specified goods/services from awarded Bidders (“Contractor” for purposes of the resulting contract). Accordingly, this Competitive Solicitation and the resulting Enterprise Procurement Solution Contracts have unique features, requirements, and terminology, which are explained further in the Bidder Contracting Guide for Enterprise Procurement Solution Contracts for Goods and Services (“Contracting Guide”).

This Competitive Solicitation consists of this document and the exhibits identified in the summary table attached as Appendix A – Summary Table of All Exhibits & the Required Bid Submittals.

This Competitive Solicitation is organized into the following four sections and one appendix:

▪ Section 1 – Opportunity: Describes the opportunity for Bidders - i.e., what goods/services are being solicited; award type; number of awards; historical sales information; and historical purchasers.

▪ Section 2 – Competitive Solicitation Process: Describes the procurement process for this Competitive Solicitation.

▪ Section 3 –Submitting A Bid: Details how Bidders prepare and submit a bid.

▪ Section 4 – Bid Evaluation: Details how Enterprise Services will review and evaluate bids to determine Contract awards.

▪ Appendix A: Summary Table of All Exhibits & the Required Bid Submittals.

SECTION 1 – OPPORTUNITY

This section describes the goods/services that are included in the Competitive Solicitation. Bidders, if awarded a Contract, would provide such goods/services to Purchasers who utilize the Contract. This section also includes available historical data about prior purchases that may help Bidders evaluate the potential opportunity including, when available, prior purchasing data.

1.1. SCOPE OF INCLUDED GOODS/SERVICES. Enterprise Services is using this Competitive Solicitation to solicit value-added bids from innovative, qualified Bidders to provide (“Contract Category(ies)”) of Nutritional and Supplement “Goods/Services”) that, at a minimum, meet or exceed any required minimum specifications for the Goods/Services and/or the required minimum https://app.leg.wa.gov/RCW/default.aspx?cite=39.26 https://des.wa.gov/sites/default/files/2025-01/bidder-contracting-guide-DES.docx

COMPETITIVE SOLICITATION NO. 02926 – NUTRITIONALS & SUPPLEMENTSPAGE 2

performance requirements for Bidders who are awarded a Contract as stated in Exhibit B – Contract.

This solicitation is intended for the purchase of Nutritional and dietary food products and dietary supplements, such as powdered and liquid formulas for essential and non-essential nutrients, vitamins, and dietary management. Many of these products are specifically designed for newborns, the elderly, or people who have deficiencies in vitamins, proteins, or other nutrients due to medical conditions that need a specific supplement on an ongoing basis. Washington Hospitals and prison facilities are the primary purchasers of these products. This contract is intended to supplement the Washington contract for federally funded WIC formula rebate purchases, and does NOT involve purchases using WIC or Medicaid. Additional product/service requirements are on page 1 of Exhibit B – Contract Exhibit A – “Included Goods and Services” in the section titled "Included Goods/Services."

1.2. CONTRACT AWARD. Enterprise Services intends to award up to two (2) Statewide Contracts as set forth below:

Contract Award Type. As detailed below in the Contract Award Summary Table, Enterprise Services intends to make up to two types of Contract Awards:

▪ Main Awards for Contracts. Main Awards are open to all Bidders. Enterprise Services intends to make Main Awards by specified Contract Category , to the highest scored, responsive, responsible Bidders.

▪ Reserved Awards for Contracts. Reserved Awards are best value procurement awards. Enterprise Services encourages the use of Washington Small Businesses and/or Certified Veteran-Owned Businesses for contract opportunities. Accordingly, to help facilitate Washington state agency purchases of Goods/Services from Washington Small Businesses and/or Certified Veteran-Owned Businesses, Enterprise Services intends to make up to 1 (one) Statewide Reserved Award, to the highest scored, responsive, responsible Bidder who:

• Did not receive a Main Award for such specified Contract Category within such specified Geographic Region; and

• Certifies pursuant to Exhibit A – Bidder’s Certification and qualifies as a Washington Small Business and/or Washington Certified Veteran-Owned Business. If subcontractors are utilized on a Reserved Award Contract, those subcontractors also must qualify as a Washington Small Business and/or Certified Veteran-Owned Business as described in Exhibit A – Bidder’s Certification.

• Contractors resulting from a reserved award cannot utilize subcontractors to perform on the resulting Contract.

In the event of a tie in evaluation scores for award, Enterprise Services may increase the number of awards to account for the ties in evaluation scores for Bidders who would have been awarded without a tie.

1.3. ESTIMATED SALES. Enterprise Services has not previously established a Contract for Nutritionals and Supplements. Accordingly, total potential contract sales for this Competitive Solicitation are not known. Total sales are estimated at $2,000,000 - $3,000,000 annually. As stated in this

COMPETITIVE SOLICITATION NO. 02926 – NUTRITIONALS & SUPPLEMENTSPAGE 3

Competitive Solicitation, however, the resulting Contract(s) will be available for use by all eligible Purchasers. Such Purchasers will decide whether the Contract meets their needs and whether they use the Contract to purchase included Goods/Services. Although Enterprise Services does not represent or guarantee any potential purchases from the resulting Contract(s), prior purchases by entity type under a similar procurement are set forth in the following chart:

1.4. PURCHASERS. Enterprise Services has not previously established a Contract for the goods/services being solicited in this Competitive Solicitation. Accordingly, the amount of sales by Purchasers are not known. As stated in this Competitive Solicitation, however, the resulting Contract will be available for use by all eligible purchasers. Such purchasers will decide whether the Contract meets their needs. The following list of agencies has expressed interest in the resulting Contract. :

Purchaser Purchaser Type

STAFFORD CREEK CORRECTION

CENTER State Agency – DOC

WA STATE PUBLIC HEALTH LAB State Agency – DOH

WASHINGTON STATE PENITENTIARY State Agency – DOC

LAKELAND VILLAGE State Agency - DSHS

AIRWAY HEIGHTS CORRECTION

CENTER State Agency – DOC

MONROE CORRECTION CENTER State Agency – DOC

WASHINGTON VETS HOME State Agency - DVA

WESTERN STATE HOSPITAL State Agency - DSHS

EASTERN STATE HOSPITAL State Agency - DSHS

DSHS FIRCREST State Agency - DSHS

SECTION 2 – COMPETITIVE SOLICITATION PROCESS

This section describes the procurement process for this Competitive Solicitation, including:

▪ Information about the purpose of the Competitive Solicitation;

▪ The Competitive Solicitation process;

▪ The form and term of the intended Contract(s);

▪ Important deadlines for this Competitive Solicitation;

▪ Information about the Pre-Bid Conference;

▪ Where to direct questions or concerns regarding the Competitive Solicitation;

▪ Limits on Bidder communications during the Competitive Solicitation process;

▪ Information about the complaint, debrief, and protest process; and

▪ The process for potential amendments or modifications to the Competitive Solicitation.

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2.1. PURPOSE OF THE COMPETITIVE SOLICITATION. This Competitive Solicitation is a required formal process for Enterprise Services to receive competitive bids from interested Bidders. Enterprise Services:

▪ Will review and evaluate such bids using the process and criteria stated herein;

and

▪ Intends to award Enterprise Procurement Solution Contract(s) for the specified Goods/Services.

2.2. COMPETITIVE SOLICITATION PROCESS. Enterprise Services, on behalf of the State of Washington, is issuing this Competitive Solicitation to establish and award Enterprise Procurement Solution Contract(s) that eligible Purchasers can choose to utilize to purchase specified Goods/Services from Bidders who are awarded a Contract. Such Enterprise Procurement Solution Contract(s) enable eligible Purchasers to purchase included Goods/Services without incurring the cost or delay of conducting multiple separate procurements. Bidders who are awarded a Contract have more efficient and cost-effective access to multiple Purchasers through established, commercially reasonable, contractual terms and conditions to provide the Goods/Services.

Note: For purposes of this Competitive Solicitation and the resulting Contract, eligible Purchasers include:

▪ WASHINGTON STATE AGENCIES. All Washington state agencies, departments, offices, divisions, boards, and commissions.

▪ WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION. Any the following institutions of higher education (colleges) in Washington:

▪ State universities – i.e., University of Washington & Washington State University;

▪ Regional universities – i.e., Central Washington University, Eastern Washington University, & Western Washington University

▪ Evergreen State College;

▪ Community colleges; and

▪ Technical colleges.

▪ CONTRACT USAGE AGREEMENT PARTIES. Any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services:

▪ Political subdivisions (e.g., counties, cities, school districts, public utility districts) in the State of Washington;

▪ Federal governmental agencies or entities;

▪ Public-benefit nonprofit corporations (i.e., public benefit nonprofit corporations as defined in RCW 24.03A.245) who receive federal, state, or local funding); and

▪ Federally recognized Indian Tribes located in the State of Washington.

2.3. CONTRACT FORM & TERM. As stated in Exhibit B – Contract, the Contract term is up to sixty (60) months. Bidders must specify prices for the first twelve (12) months of the Contract term (such prices then will be adjusted as stated in the Contract). The Contract is subject to earlier termination as stated therein. Although Contract use is optional for eligible Purchasers other than Washington State agencies, all eligible Purchasers are subject to the same contract terms, conditions, and pricing as Washington State agencies.

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2.4. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

ACTION ITEM DATE

Competitive Solicitation Posting Date: September 21, 2026

Pre-Bid Conference:

September28, 2026 at __________ (Pacific Time)

Attend via Insert Platform

Insert applicable weblink

Insert any applicable password

Deadline for Submitting Questions:

October 18, 2026

11:59 pm (Pacific Time)

Anticipated Deadline for Answers: October 22, 2026

Deadline for Submitting Bids:

October 29, 2026

11:59 pm (Pacific Time)

Anticipated Date of Announcement for Apparent Successful Bidders:

December 14, 2026

Anticipated Announcement of Contract Awards:

February 1, 2027

Note: As required by Washington law, this Competitive Solicitation is posted to Washington’s Electronic Business Solution (“WEBS”). See RCW 39.26.150. As set for in the Contracting Guide, interested Bidders must register in WEBS. In the event there are amendments to this Competitive Solicitation, Enterprise Services will post such amendments to WEBS. Similarly, in the event of any timely Bidder questions (i.e., questions raised during the Pre-Bid Conference or the Question & Answer Period), Enterprise Services will post written responses to such questions to WEBS.

2.5. PRE-BID CONFERENCE. Enterprise Services will host a virtual Pre-Bid Conference at the date and time stated in Section 2.4, above. Bidders are encouraged to attend and participate, but attendance is not mandatory.

The Pre-Bid Conference is intended to:

▪ Familiarize Bidders with Washington’s requirements for governmental procurements of goods/services through Enterprise Procurement Solution Contracts;

▪ Explain the Competitive Solicitation; and

▪ Allow Bidders to raise questions or concerns regarding the Competitive Solicitation.

As practicable, Enterprise Services will address Bidder questions or concerns that are raised during the Pre-Bid Conference at that time. To ensure a fair and transparent procurement process for all potential Bidders, however, Enterprise Services will identify Bidder questions or concerns raised during the Pre-Bid Conference and the Procurement Coordinator will provide and post to WEBS an official written response prior to the end of the Question & Answer Period.

Bidders who wish to attend the Pre-Bid Conference may request reasonable accommodations by contacting the Procurement Coordinator before the Pre-Bid Conference.

https://www.des.wa.gov/sell/how-work-state/register-bid-opportunities https://www.des.wa.gov/sell/how-work-state/register-bid-opportunities https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.150

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2.6. BIDDER QUESTIONS. Bidder questions or concerns regarding this Competitive Solicitation, including all referenced exhibits, documents, and materials must be directed to the following Procurement Coordinator:

▪ NAME: Davis Abbott

▪ Email: DesContractsTeamFir@des.wa.gov

Bidders are encouraged to submit questions and concerns as early in the process as possible to allow the Procurement Coordinator time to consider and respond.

▪ BIDDER QUESTIONS REGARDING CONTRACT: If Bidders have questions or concerns regarding the Contract (see Exhibit B – Contract), Bidders timely must submit such questions or concerns, in writing, to the Procurement Coordinator before the Deadline for Submitting Questions stated in Section 2.4, above. Enterprise Services does not intend to negotiate substantive terms and conditions pertaining to the resulting Contracts at Contract award.

▪ MAXIMUM NUMBER OF BIDDER QUESTIONS: Any Bidder may ask up to 20 total questions. Each question must be for a single topic and may not include multipart questions. Enterprise Services may reject Bidder questions that do not follow these guidelines to ensure the question and answer process is efficient and timely.

▪ ANSWERS TO BIDDER QUESTIONS: The Procurement Coordinator will post written answers to Bidder questions or concerns to WEBS. Enterprise Services reserves the right to group similar questions and provide a single answer.

2.7. BIDDER COMMUNICATION DURING THE COMPETITIVE SOLICITATION. During the Competitive Solicitation process, Bidders must direct all communications regarding this Competitive Solicitation to the Procurement Coordinator stated in Section 2.6, above. Bidders must rely ONLY on this Competitive Solicitation, written amendments to this Competitive Solicitation, and written answers to Bidder questions or concerns posted to WEBS. In no event will oral communications regarding this Competitive Solicitation be binding. Unauthorized Bidder contact regarding this Competitive Solicitation with other state employees or Purchasers involved with the Competitive Solicitation may result in Bidder disqualification.

2.8. COMPLAINTS, DEBRIEFS, & PROTESTS. This Competitive Solicitation and resulting Contract awards are subject, as applicable, to complaints, debriefs, and protests as explained in the Contracting Guide, which may impact the dates set forth above. As stated in the Contracting Guide:

▪ Bidder complaints and debrief requests must be emailed to the Procurement Coordinator stated in Section 2.6, above; and

▪ Bidder protests must be sent to the Protest Officer as stated in the Contracting Guide.

2.9. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. Enterprise Services reserves the right to amend and modify this Competitive Solicitation. Bidders will receive notifications, amendments, modifications, or updates regarding this Competitive Solicitation ONLY if they have registered and downloaded this Competitive Solicitation directly via WEBS. Bidders must be registered in WEBS to be awarded a Contract. Visit WEBS to register.

https://des.wa.gov/sites/default/files/2025-01/bidder-contracting-guide-DES.docx https://des.wa.gov/sites/default/files/2025-01/bidder-contracting-guide-DES.docx https://des.wa.gov/sites/default/files/2025-01/bidder-contracting-guide-DES.docx https://fortress.wa.gov/ga/webs

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SECTION 3 – SUBMITTING A BID

This section identifies how to prepare and submit a bid to Enterprise Services for this Competitive Solicitation. Bidders must review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which detail the information that Bidders must provide to Enterprise Services. By responding to this Competitive Solicitation and submitting a bid, Bidders acknowledge having read and understood the entire Competitive Solicitation, including the Contracting Guide, and accept all information contained within this Competitive Solicitation.

3.1. BID FORMAT. Required Bid Submittals must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by Enterprise Services, Bidders must submit Required Bid Submittals and permitted ancillary documents to Enterprise Services in MS Word, MS Excel, or Adobe PDF. Where required, Bidders may sign Required Bid Submittals using either a physical or electronic signature.

3.2. PRICING. Bidders must identify and include all cost elements in their pricing. In the event that Bidder is awarded a Contract, the total price for the Goods/Services shall be Bidder’s price as submitted. Except as provided in the Contract, there shall be no additional or other costs of any kind.

▪ Credit Cards (aka Purchase Cards or P-Cards): If Bidder is awarded a Contract, the total price for the Goods/Services shall be the same regardless of whether Purchasers make payment by cash, credit card, or electronic payment. Bidder shall bear, in full, any processing or surcharge fees associated with the use of credit cards or electronic payment.

▪ Vendor Management Fee: The resulting Contract from this Competitive Solicitation shall include a Vendor Management Fee (“VMF”) as stated in the Contract attached as Exhibit B – Contract. Bidder’s pricing shall reflect and include the VMF within Bidder’s pricing and Bidder, if awarded a Contract, shall not add a separate line item charge for such VMF to any Contractor invoices to Purchasers.

3.3. SUBMITTING BIDS. Bidders must email Required Bid Submittals to DESContractsTeamFir@des.wa.gov. Please note:

▪ Bidder’s email, including all attachments, must not exceed 30MB in size.

▪ Enterprise Services will not accept or open zipped files.

▪ Enterprise Services will acknowledge bid receipt by responsive email. If Bidder does not receive such acknowledgement within five (5) business days, Bidder must contact the Procurement Coordinator to confirm acknowledgement of bid receipt. Acknowledgement of bid receipt is not a determination on the bid’s responsiveness.

3.4. ADDITIONAL BID SUBMITTALS. Bidders may not provide unsolicited materials. If Enterprise Services expressly has stated, in writing, that supplemental materials may be provided, Bidders must identify such supplemental materials as stated by Enterprise Services.

3.5. PUBLIC RECORDS. Submitted bids and any supplemental Bidder materials pertaining to this Competitive Solicitation are subject to Washington’s Public Records Act (RCW 42.56) and, in the event of a public records request, will be disclosed as stated in the Contracting Guide.

https://des.wa.gov/sites/default/files/2025-01/bidder-contracting-guide-DES.docx https://app.leg.wa.gov/RCW/default.aspx?cite=42.56

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SECTION 4 – BID EVALUATION

This section states how Enterprise Services will review and evaluate bids for this Competitive Solicitation.

4.1. OVERVIEW. Enterprise Services will review and evaluate bids for this Competitive Solicitation as follows:

▪ BID REVIEW: Enterprise Services will review bids to determine bid responsiveness as stated in Section 4.2, below.

▪ BID EVALUATION: Enterprise Services will evaluate responsive bids as stated in Sections 4.3 – 4.5, below.

▪ PROCUREMENT AUTHORITY DISCRETION. Enterprise Services reserves the right to:

▪ Request Bidder clarification regarding any bid;

▪ Waive any informality;

▪ Reject any or all bids, or portions thereof;

▪ Cancel the Competitive Solicitation and, if desired, re-solicit bids;

and/or

▪ Negotiate with the lowest responsive and responsible Bidder(s) to determine whether such bids can be improved.

Enterprise Services will use the following process and evaluation criteria to determine eligibility for a Contract award:

STEP ITEM POINTS

BID RESPONSIVENESS REVIEW

See Section 4.2, below

A

Required Bid Submittals

Review Bidder’s Required Bid Submittals to determine whether Bidder’s bid is responsive to the Competitive Solicitation

Pass/Fail

B

Performance Specifications Exhibit B – Contract

Review whether Bidder’s Goods/Services and/or Bidder’s performance capability meets the mandatory minimum performance specifications for the Competitive Solicitation

Pass/Fail

BID EVALUATION

See Section 4.3, below

A

Cost Factors: Bid Pricing Evaluation Exhibit C – Bid Price

Evaluate and score Bidder’s cost factors

Subtotal: 850

WASHINGTON STATE PROCUREMENT PRIORITIES FOR GOODS/SERVICES

CONTRACTS

See Section 4.4, below

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STEP ITEM POINTS

A Executive Order 18-03 50

B Products Containing Recycled Packaging Material 50

C PCB-Free Products & Products-In-Packaging 50

Total: 1000

RESPONSIBLE BIDDER DETERMINATION

Review and determine Bidder responsibility See Section 4.5, below

Pass/Fail

ANNOUNCE APPARENT SUCCESSFUL BIDDERS (ASBS)

See Section 4.6, below

BID INFORMATION IS AVAILABLE FOR PUBLIC DISCLOSURE & POSTED TO

ENTERPRISE SERVICES WEBSITE

See Section 4.7, below

CONTRACT AWARDS

See Section 4.8, below

4.2. BID RESPONSIVENESS REVIEW (PASS/FAIL). Enterprise Services will review bids – on a pass/fail basis – to determine whether the bid complies with the Competitive Solicitation requirements and, therefore, is ‘responsive.’ If Enterprise Services determines that a bid is nonresponsive, Enterprise Services will reject the bid and notify the Bidder, in writing, that the bid is nonresponsive. Such written notification will include a brief explanation as to why the bid is nonresponsive.

Enterprise Services, in its discretion, may waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, 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 Bidders.

Consistent with the Washington State Legislature’s policy goals to reduce barriers to competition and increasing opportunities for small businesses to contract with state agencies, Enterprise Services, in its discretion, may clarify a Bidder’s bid that is in substantial compliance with the instructions. Clarifications are intended to ensure that the bids are complete and can be evaluated fairly.

▪ REVIEW BIDDER’S REQUIRED BID SUBMITTALS (STEP 1A). Enterprise Services will review each bid to determine whether:

▪ The bid is complete – i.e., does Bidder’s bid include each of the Required Bid Submittals as stated in Appendix A – Summary Table of All Exhibits & the Required Bid Submittals;

▪ Bidder’s Required Bid Submittals are complete, consistent with the instructions, signed, and legible; and

▪ Bidder’s certifications, as provided by Bidder in Bidder’s submitted Exhibit A – Bidder’s Certification, constitute a responsive bid.

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▪ REVIEW MINIMUM REQUIRED PERFORMANCE REQUIREMENTS (STEP 1B). Enterprise Services will review each bid to determine whether Bidder’s Goods/Services and/or Bidder’s performance capability meets the minimum required specifications and/or performance requirements stated in Exhibit B – Contract.

Note: Enterprise Services reserves the right to request additional Bidder information or perform tests and measurements before selecting Apparent Successful Bidders. If Bidder fails to provide such requested information to Enterprise Services within five (5) business days, Bidder may be disqualified.

4.3. BID EVALUATION – SCORED FACTORS. Enterprise Services will evaluate and score responsive bids as specified below and as set forth in the referenced exhibits. Note: It is imperative that Bidder’s Required Bid Submittals comply with the instructions set forth in the exhibits.

▪ COST FACTORS – BID PRICING (STEP 2A). Enterprise Services will evaluate and score Bidder’s cost factors, as provided by Bidder in Bidder’s Exhibit C – Market Basket, as follows:

Line items in the Market Basket are worth a varying number of points based on amount purchased, items purchased in higher quantities are worth more points. For a total of 850 points in the Market Basket. These points range from 7-70, and are listed for each line item in the Market Basket. There are two different scoring methods used in the Market Basket.

Scoring Method 1: For this example I will use a line item that is worth 70 points. The bid with the lowest total evaluation price will receive 70 points. Bids with a higher evaluation price will receive proportionately fewer evaluation points based upon the bid with the lowest total evaluation price, using the following formula:

Lowest total bid evaluation price divided by a higher total bid evaluation price (i.e., the bid that is being evaluated) multiplied by the total number of available points equals the cost factor evaluation points. Points will be rounded to three places to the right of the decimal point using standard rounding method.

(100,000/110,000)x70 = 63.63 (Bidder B’s points for this line item)

Using Bidder A = $100,000 (lowest total evaluation price) and Bidder B = $110,000

Bid B calculation: $100,000 (Bidder A, lowest total evaluation price) / $110,000 (Bidder B’s evaluation price) = 0.909 x 700 (maximum points available) = 63.63.

Bidder A is the bid with the lowest total bid evaluation price, so it would be assigned the maximum available points, 70 points. Bidder B would be assigned 63.63 points based on the formula above.

Scoring Method 2: This method is only used in the “Additional Costs” tab for line items that list a Minimum Value – Full Value. For this example I will use the “Emergency Shipping” product line, worth 14 points, and a score based off of bids between 1 – 4 days for emergency shipping time.

Bidders who bid the “Full Value” of 1 day will receive 14 points. Bidders who bid the Minimum Value of 4 days will receive 0 points. Bidders who

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bid between those values will receive a scaled number of the available points. For example, a bidder who commits to being able to do emergency shipments in 3 days would receive 33.33% of the available points, or 4.66 points.

4.4. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 3). This Competitive Solicitation is subject to the Washington state procurement priorities and/or preferences stated below (collectively, “Washington Procurement Priorities for Goods/Services Contracts”). Accordingly, Enterprise Services will evaluate Bidder’s bid to determine (a) whether Bidder is requesting to be considered for such Washington Procurement Priorities for Goods/Services Contracts; and

(b) whether Bidder’s bid qualifies for such Washington Procurement Priorities for Goods/Services Contracts. Enterprise Services will score qualifying bids and adjust Bidder’s total evaluation score accordingly.

▪ PROCUREMENT PREFERENCE FOR BIDDER COMPLIANCE WITH EXECUTIVE ORDER 18-03.

Enterprise Services will provide a bid preference in the amount of 50 (fifty) points to Bidders who certify, pursuant to Exhibit A – Bidder’s Certification, that Bidder complies with Executive Order 18-03.

▪ STATUTORY PREFERENCE FOR PRODUCTS CONTAINING RECYCLED PACKAGING MATERIAL.

Enterprise Services will provide a bid preference in the amount of five percent (5%) of total points allotted for this solicitation or fifty (50) points. Bidders who seek to obtain Recycled Content Product Bid preference must certify in Exhibit A

– Bidder’s Certification that they meet this standard for product packaging and shipping materials to qualify for the bid preference and may be required to provide the required test results or verification, as applicable.

▪ STATUTORY PREFERENCE FOR PCB-FREE PRODUCTS & PRODUCT PACKAGING. Enterprise Services will provide a bid preference in the amount of five percent (5%) or fifty

(50) points, to Bidders who certify that Bidder’s products or product packaging qualify for the bid preference and also provide the required test results or verification, as applicable, pursuant to Exhibit A – Bidder’s Certification.

4.5. RESPONSIBLE BIDDER DETERMINATION (STEP 4). The Washington State Legislature requires that Washington state agencies award contracts for goods/services only to ‘responsible bidders.’ See RCW 39.26.160(2). Accordingly, to be eligible to be considered for a Contract award resulting from this Competitive Solicitation, Enterprise Services must determine that Bidder is a ‘responsible bidder.’ Accordingly, Enterprise Services will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, Enterprise Services will consider the following:

▪ Bidder’s certifications as provided in Bidder’s Exhibit A – Bidder’s Certification;

▪ Bidder’s ability, capacity, and skill to perform the Contract or provide the Goods/Services;

▪ Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

▪ Bidder’s ability to perform the Contract within the time specified;

▪ Bidder’s performance quality pertaining to previous contracts or services;

https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.160

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▪ Bidder’s compliance with laws relating to the Contract or services;

▪ Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, Bidder 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 a Contract.

In addition, Enterprise Services may consider the following:

▪ Financial Information: Enterprise Services may request Bidder financial statements, credit ratings, or other financial information necessary to determine Bidder’s capacity to perform and the enforceability of Bidder’s contractual commitments.

▪ References: Enterprise Services reserves the right to request and/or use references regarding Bidder to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry, and timeliness.

Enterprise Services reserves the right to request bidder responsibility information from Bidder. If Bidder fails to provide such information to Enterprise Services within five (5) business days, Bidder may be disqualified.

4.6. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDERS (STEP 5). Enterprise Services will determine and announce the Apparent Successful Bidders (“ASBs”). The ASBs will be the responsive and responsible Bidders who best meet the Competitive Solicitation requirements and present the best total value based on the evaluation criteria stated above.

▪ ASB designation does not imply that Enterprise Services will issue a Contract award. Rather, ASB designation allows Enterprise Services to perform further analysis and request additional documentation. Bidders must not construe ASB designation as an award or impending award. If a Bidder acts or fails to act as a result of ASB designation, Bidder does so at its own risk and expense.

▪ Upon Enterprise Services’ announcement of ASBs, Bidders may request a debrief conference as stated in the Contracting Guide.

4.7. BID INFORMATION AVAILABILITY (STEP 6). Upon Enterprise Services’ announcement of ASBs:

▪ All bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2).

▪ Enterprise Services will post all bid evaluations to Enterprise Services’ website.

Note: Enterprise Services also intends to post winning bid submissions to its contract portal webpage after Contract awards.

4.8. CONTRACT AWARDS (STEP 7). Subject to protests, if any, Enterprise Services and the ASBs will enter into Contracts in the form provided in Exhibit B – Contract. A Contract award, in part or in full, is made, and a contract formed when an awarded Bidder and Enterprise Services sign the Contract.

Following Contract awards, Enterprise Services will send a Notice of Award to all Bidders registered in WEBS using Bidder’s email address as provided in Bidder’s WEBS profile.

https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.030

COMPETITIVE SOLICITATION NO. 02926 – NUTRITIONALS & SUPPLEMENTSPAGE 13

4.9. ADDITIONAL AWARDS. Enterprise Services reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible Bidders who were not awarded a Contract. Such awards would be on the same or substantially similar terms and conditions and would be designed to address an awarded Contractor vacancy (e.g., an awarded Contractor is terminated or goes out of business), respond to Purchaser needs, or be in the best interest of the State of Washington.

APPENDIX A – SUMMARY TABLE OF ALL EXHIBITS & THE REQUIRED BID SUBMITTALS

This Competitive Solicitation includes each of the exhibits identified below in the Summary Table of All Exhibits & the Required Bid Submittals. The Summary Table also identifies Required Bid Submittals and what actions, if any, Bidders timely must complete as part of a responsive bid submission.

EXHIBIT AND DESCRIPTION REQUIRED BIDDER ACTION

REQUIRED

BID

SUBMITTAL

Exhibit A – Bidder’s Certification Identifies required information that Bidder must provide and states required Bidder certifications.

Bidder must complete Exhibit A – Bidder’s Certification, as specified therein, and submit it as part of Bidder’s bid.

Yes Required

Exhibit B – Contract Provides the Contract form that awarded Bidders will execute with Enterprise Services.

Bidder must review Exhibit B – Contract and timely submit to the Procurement Coordinator, in writing, any issues pertaining to the Contract terms and conditions during the Question & Answer Period.

Note: Bids that are subject to Contract modifications that Enterprise Services has not agreed to and that Enterprise Services has not included in an amended/revised Exhibit B – Contract, posted to WEBS, will be rejected as nonresponsive.

No

Exhibit A to Contract – Included Goods & Services

Bidder must review Exhibit A to Contract –

Included Goods & Services and timely submit to the Procurement Coordinator, in writing, any issues pertaining to the

Contract terms and conditions during the

Question & Answer Period.

No

Exhibit B to Contract – Prices for Included Goods & Services

This will be updated with the prices Bidder provides in the Market Basket and additional costs.

No

Exhibit C – Market Basket Provides the template and bid pricing information that Bidders must use to provide bid pricing.

Bidder must complete Exhibit C – Market Basket, as specified therein, and submit it as part of Bidder’s bid.

Yes Required

COMPETITIVE SOLICITATION NO. 02926 – NUTRITIONALS & SUPPLEMENTSPAGE 14

EXHIBIT AND DESCRIPTION REQUIRED BIDDER ACTION

REQUIRED

BID

SUBMITTAL

Exhibit D – Bidder’s Subcontractor Inclusion Plan Provides Bidders who, if awarded a Contract, intend to utilize subcontractors to perform the Contract, an opportunity to identify Bidder’s intended subcontractors.

Required ONLY if Bidder intends or desires to utilize subcontractors to perform the Contract, if awarded. If so, Bidder must complete Exhibit D – Bidder’s Subcontractor Business Plan, as specified therein, and submit it as part of Bidder’s bid.

If applicable

Bidder Contracting Guide for Enterprise Procurement Solution Contracts for Goods and Services Provides Bidder information regarding procurements for Enterprise Procurement Solution Contracts including how to submit a complaint, debrief conference request, and protest.

Bidder must review the Bidder Contracting Guide for Enterprise Procurement Solution Contracts for Goods and Services.

No