PLIA 23-005 Competetive Solicitation.docx

STATE OF WASHINGTON

POLLUTION LIABILITY INSURANCE AGENCY (PLIA)

OLYMPIA, WASHINGTON

REQUEST FOR PROPOSAL (RFP) NO. 23-005

INTRODUCTION

The Washington State Pollution Liability Insurance Agency, hereafter called "PLIA,” is initiating this Request for Proposal (RFP) to solicit bids from firms interested in providing environmental consulting services to support the mission of PLIA.

PLIA is soliciting bids to establish a convenience use contract for environmental consulting services for its Financial Assurance program. Selected bidders will primarily provide site-specific project management including, but not limited to:

· Conducting environmental assessments.

· Overseeing the installation of infrastructure.

· Providing gas station compliance and 24/7 urgent response services.

PLIA works to provide an effective and efficient government funding model to support owners and operators in meeting financial responsibility and environmental cleanup requirements for underground storage tanks (UST). PLIA the following programs:

· Financial Assurance

· UST Loan and Grant

· Commercial UST Reinsurance

· Technical Assistance

· UST Financial Responsibility

· Heating Oil Insurance

· Heating Oil Loan & Grant

More about each of the above-mentioned programs can be found at www.plia.wa.gov.

Under the Financial Assurance program, the agency will assist UST system owners and operators to meet federal and state financial responsibility requirements by providing access to funding for cleanup of petroleum leaks and site contamination (see Chapter 70A.545 RCW). Owners and operators of petroleum UST systems may request up to $2 million to cover costs to investigate and clean up a release from a registered petroleum underground storage tank and replace existing infrastructure. Under certain conditions an owner or operator may receive $1 million for a release from a UST that isn’t registered under the program. PLIA will have direct management of the project to ensure the most efficient use of the funds and successful cleanups.

OBJECTIVE AND SCOPE

The scope and objective of this RFP is to establish a pool of bidders that meet the performance requirements as set forth in Exhibits B-1 Performance Requirements and B-2 Qualifications and Experience to perform environmental assessments, remedial actions, installation of infrastructure and related services on demand, for petroleum storage tank facilities/sites. PLIA seeks firms who possess both the technical expertise and know how to design and/or critically evaluate clean-up action plans, assess the condition and performance of existing UST systems, and perform remedial actions in accordance with the statutes, policies and procedures of PLIA as well as other state and local applicable or relevant and appropriate requirements (ARARs).

Successful bidders will provide site-specific project management. Additional work may include, but is not limited to:

· Conduct site assessments.

· Soil and groundwater borings.

· Laboratory analysis of soil and groundwater samples.

· Delineation of lateral and vertical extents of contamination in all affected media.

· Development of a conceptual site model.

· Development and implementation of a remedial investigation, feasibility study (including a disproportionate cost analysis),

· Prepare and review cleanup proposals and infrastructure plans.

· Development of a cleanup action plan, and post remediation monitoring plans.

· Propose and review cleanup plan alternatives especially the use of technology while optimizing cost-efficiency and restoration timeframes.

· Cost estimation for alternative fuel infrastructure and installation and design specifications for alternative fuel infrastructure.

· Determine what underground storage tanks, dispensers, canopies and associated infrastructure/equipment are needed to safely dispense fuel while preventing future releases.

· Install or coordinate installation of underground storage tanks, dispensers, canopies and associated infrastructure/equipment that are needed to safely dispense fuel while preventing future releases.

· Coordinate and oversee, or perform cleanup activities and infrastructure installation, including but not limited to excavation, sampling, chemical and bioremediation, groundwater pumping and treatment, hazardous waste disposal.

· Efficiently obtain permits for activities conducted under the program.

· Complete environmental reports.

· Conduct best practice assessments of active fueling infrastructure and recommend best practices.

· Gas station compliance service and urgent service response, 24/7 availability.

This RFP is issued in good faith and does not guarantee an award of contract, nor does it represent any commitment to purchase whatsoever. PLIA intends to make awards to one or more bidders that meet the performance requirements set forth in Exhibits B-1 Performance Requirements and B-2 Qualifications and Experience. PLIA does not commit to an equal distribution of work among the winning bidders nor is priority assigned to any one bidder; PLIA may use any business-based purpose in distribution of the work and is not restricted in the order, priority or rotation of work among the winning bidders. PLIA intends to distribute work based on the following criteria:

· Work in geographic regions, so that bidders are working in geographically specified zones.

· Availability of a bidder to immediately begin work on a project.

· The quality of a bidder’s past performance on work under the contract.

· The type of work needed on a project.

The assignment of work will be made by PLIA as work projects are accepted and approved.

MINIMUM QUALIFICATIONS

The bidder(s) must be licensed to do business in the state of Washington or provide a commitment that it will become licensed within 30 calendar days of being selected as the Apparent Successful Bidder.

Bidders, who do not meet the minimum qualifications will be rejected as non-responsive and will not receive further consideration. Any bid that is rejected as non-responsive will not be evaluated or scored.

This RFP is available on the Department of Enterprise Services, Washington Electronic Business Solution (WEBS) Procurement Website at https://fortress.wa.gov/ga/webs/. All amendments to the RFP, bidder questions and PLIA answers will be posted on WEBS only. All interested bidders must be registered with WEBS under the following commodity codes in order to receive further notifications.

918-16; 918-32; 918-43; 918-55; 925-45; 926-29; 926-30; 926-40; 926-42; 926-43; 926-49; 926-52; 926-54; 926-65; 926-70; 926-78; 926-83; 926-84; 926-85; 926-90; 926-91; 926-93; 926-94

This Competitive Solicitation is divided into six (6) sections:

· Section 1 provides a summary table of relevant deadlines for responding to the Competitive Solicitation and identifies contact information for PLIA’s Procurement Coordinator.

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

· Section 3 identifies how PLIA will evaluate the bids.

· Section 4 identifies how to prepare and submit a bid for this Competitive Solicitation, including detailed instructions regarding what to submit and how to submit your bid.

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

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

In addition, this Competitive Solicitation includes the following Exhibits:

· Exhibit A – Required Bidder Information: These exhibits identify information that bidders must provide to PLIA to constitute a responsive bid. See Section 4, below.

· Exhibit A-1 – Bidder’s Certification

· Exhibit A-2 – Bidder’s Profile

· Exhibit B – Performance Requirements: These exhibits outline the required specifications/qualifications for the environmental consulting service(s) that are the subject of this Competitive Solicitation.

· Exhibit B-1 – Performance Requirements

· Exhibit B-2 – Qualifications and Experience

· Exhibit B-3 – Availability by Region

· Exhibit C – Bid Price: This exhibit provides the pricing information that bidders will complete as part of their bid.

· Exhibit D – Contract: This exhibit is a draft of the Contract that any successful bidder will execute with PLIA.

· Exhibit D-1 – Contract Issues List: This exhibit outlines the bidder’s issues, if any, and proposed resolution for bidders who have business concerns with the form of the Contract. Note, however, that PLIA reserves the right not to modify the Contract and to award the Contract on the basis of a bidder’s willingness to agree to the Contract.

· Exhibit E – Diverse Business Inclusion Plan – Subcontractors: This exhibit outlines the efforts the bidder will take towards increasing spending with small and diverse businesses if using subcontractors.

Section 1 – Deadlines, Questions, Procurement Coordinator, and Modification

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

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

COMPETITIVE SOLICITATION DEADLINES

Attend via Video Conference Join Zoom Meeting

Meeting ID: 860 8280 9942

Passcode: 555928

Dial In: +1 (253) 205-0468

1.2. COMPETITIVE SOLICITATION QUESTIONS. Questions or concerns regarding this Competitive Solicitation must be directed to the following Procurement Coordinator:

Procurement Coordinator

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

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

1.4. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. PLIA reserves the right to amend and modify this Competitive Solicitation. Only bidders who have properly registered and downloaded the original Competitive Solicitation directly via the WEBS will receive notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Visit WEBS to register.

Section 2 – Information About the Procurement

This section describes the purpose of the Competitive Solicitation and provides information about this procurement, including the potential scope of the opportunity.

2.1. PURPOSE OF THE PROCUREMENT – AWARD A CONTRACT. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award contract(s) for PLIA to procure environmental consulting services as set forth herein. Pursuant to Washington’s Procurement Code for Goods and Services, Chapter 39.26 RCW, state agency purchases of goods and services must be based on a competitive solicitation process in which the Contract is awarded to the lowest responsive, responsible bidder.

2.2. CONTRACT. The form of the Contract that will be awarded as a result of this Competitive Solicitation is attached as Exhibit D – Contract.

2.3. CONTRACT TERM. The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on February 1, 2024 and end June 30, 2027. PLIA reserves the option at its sole discretion to extend the contract for up to three additional one-year periods.

2.4. ESTIMATED CONTRACT VALUE. PLIA will fund work for the FA Program through the pollution liability insurance program trust account. There must be a signed acceptance by PLIA’s contracting officer prior to payment being released.

Bidders are encouraged to submit bids that are consistent with state government efforts to conserve state resources. Any contract(s) awarded as a result of this procurement is contingent upon the availability of funding.

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. PLIA will apply the following Washington State procurement priorities and preferences to this Competitive Solicitation which, as set forth in Section 3.5, will impact the evaluation of bids for this Competitive Solicitation:

· Executive Order 18-03: 25 points

· Washington Small Business: 50 points

· Certified Veteran-Owned Business: 25 points

Section 3 – Bid Evaluation

This section identifies how PLIA will evaluate bids for this Competitive Solicitation.

3.1. OVERVIEW. PLIA will evaluate bids for this Competitive Solicitation as described below.

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

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

· PLIA reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof; (4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or (6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

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

Bid Evaluation

Cost Factors

State Procurement Priorities

TOP-SCORED BIDDER(S) ADVANCE TO STEP 5

Presentation Evaluation

3.2. BID RESPONSIVENESS/RESPONSIBILITY (STEP 1). PLIA will review bids on a pass/fail basis to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that PLIA will review each bid to determine whether the bid is complete (e.g., does the bid include each of the required bid submittals, are the submittals complete, signed, legible). PLIA reserves the right in its sole discretion to determine whether a bid is responsive (e.g., to determine a bidder’s compliance with the requirements specified in this Competitive Solicitation and to 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. For responsive bids, PLIA will perform a cursory review to determine bidder’s ability to meet the minimum requirements. In determining responsibility, PLIA will review Exhibits B-1 Performance Requirements and B-2 Qualifications and Experience on a bidder’s ability to meet the minimum pass/fail requirements.

3.3. PERFORMANCE REQUIREMENTS EVALUATION (STEP 2). PLIA will evaluate each bid to ensure that each bidder’s service(s) meets the specifications and/or performance requirements set forth in Exhibits B-1 Performance Requirements and B-2 Qualifications and Experience. PLIA reserves the right to request additional information or that bidder perform tests and measurements before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested information to PLIA within ten (10) business days of receiving the request may result in disqualification.

3.4. BID PRICING EVALUATION (STEP 3). PLIA will review bid pricing on a pass/fail basis. Bidder must agree to listed costs for at least one category to be considered ‘responsive’ to this Competitive Solicitation. PLIA will consider no selection as non-responsive.

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

· 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), PLIA will evaluate bids for best value and will provide a bid preference in the amount of 25 points – to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’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 PLIA will evaluate bids for best value and will provide a bid preference in the amount of 50 points to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that bidder qualifies as a ‘Washington Small Business’ as set forth in Exhibit A-1 – Bidder’s Certification.

· CERTIFIED VETERAN-OWNED BUSINESSES. In furtherance of Washington’s business inclusion goals, PLIA will evaluate bids for best value and will provide a bid preference in the amount of 25 points to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that bidder qualifies as a Washington Department of Veterans’ Affairs Certified Veteran-Owned Business.

3.6. PRESENTATION EVALUATION (STEP 5). PLIA may invite the bidder(s) with the top-scored proposals to demonstrate/interview with the evaluation committee. All key personnel will be required to participate in the demonstration/interview process, including project leads and decision makers. PLIA will contact the bidder(s) to schedule a date and time for demonstration/interview. Bidder is encouraged to reserve the date(s) indicated in Competitive Solicitation Section 1.1. PLIA will provide further instruction at the time of scheduling demonstrations/interviews. Prior points are not cumulative and will be reset to zero. There will be a maximum of 200 points awarded based on bidder’s demonstration/interview.

3.7. BIDDER RESPONSIBILITY ANALYSIS. For responsive bids, PLIA must determine whether the bidder is a ‘responsible bidder.’ In determining bidder responsibility, PLIA will consider the following statutory elements:

· Bidder’s ability, capacity, and skill to perform the contract or provide the service required.

· 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.

· 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 Chapters 49.46, 49.48, or 49.52 RCW.

· 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, PLIA may consider the following:

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

· References: PLIA 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 bidder as non-responsible.

3.8. CONTRACT NEGOTIATIONS (STEP 6). PLIA may negotiate with the highest scored responsive, responsible bidder to finalize the Contract and to determine if the bid may be improved. If, after a reasonable period of time, PLIA, in its sole judgement, cannot reach agreement on acceptable Contract terms with such bidder, PLIA may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

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

· Designation as an ASB does not imply that PLIA will issue an award for a Contract. Rather, this designation allows PLIA to perform further analysis and ask for additional documentation. The bidder must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a bidder 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, bidders may request a debrief conference as specified in Section 5.

3.10. AWARD OF CONTRACT. Subject to protests, if any, PLIA and the ASB will enter into a Contract as set forth in Exhibit D – Contract. A contract award is made and a contract formed by signature of PLIA and awarded bidder on the Contract. PLIA reserves the right to award on an all-or-nothing consolidated basis. Following the award of the Contract, all bidders registered in WEBS will receive a Notice of Award delivered to the bidder’s email address provided in the bidder’s profile in WEBS.

3.11. BID INFORMATION AVAILABILITY. Upon PLIA’s announcement of ASB, 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).

3.12. ADDITIONAL AWARDS. PLIA reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible bidders who provided a bid but 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) or be in the best interest of the state of Washington.

Section 4 – How to Prepare and Submit a Bid for this Competitive Solicitation

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

4.1. PRE-BID CONFERENCE. PLIA will host a Competitive Solicitation pre-bid conference at the time set forth in Section 1.1 of this Competitive Solicitation. Attendance is not mandatory. Bidders, however, are encouraged to attend and participate. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have. If changes to the Competitive Solicitation are required as a result of the pre-bid conference, the Procurement Coordinator will post an amendment to this Competitive Solicitation to WEBS. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

4.2. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator specified in Section 1.2 of this Competitive Solicitation. Bidders should rely only on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding.

· Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow PLIA to consider and, if warranted, respond to the inquiry. If a bidder does not notify PLIA of an issue, exception, addition, or omission, PLIA may consider the matter waived by the bidder for protest purposes.

· If bidder inquiries result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

· Unauthorized bidder contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in bidder disqualification.

4.3. PRICING. Bidder must select one or more categories to agree to the listed costs. See Exhibit C – Bid Price. A bidder’s failure to select a category is sufficient grounds for disqualification.

4.4. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to PLIA to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders may not provide unsolicited materials. For any supplemental materials expressly required by PLIA in writing, bidders must identify such supplemental materials with the bidder’s name.

· EXHIBIT A-1 – BIDDER’S CERTIFICATION

This document is the Bidder’s Certification.

Complete the certification, along with any exceptions or required explanations, and submit it with the bid to PLIA.

Note: The Certification must be complete. Where there are choices, bidder must check a box. The certification must be signed and submitted by a duly authorized representative for the bidder.

· EXHIBIT A-2 – BIDDER’S PROFILE

This document is required bidder information for PLIA’s contract administration purposes. Complete as instructed and submit it with the bid to PLIA.

· EXHIBIT B-1 – PERFORMANCE REQUIREMENTS

Bidder will need to confirm that bidder’s services and/or bidder’s performance meets or exceeds the detailed specifications/qualifications set forth in Exhibit B-1 – Performance Requirements and submit it with the bid to PLIA.

· EXHIBIT B-2 – BIDDER QUALIFICATIONS & EXPERIENCE

Bidder will need to confirm that bidder possesses the qualifications and experience to provide services for the Categories set forth in Exhibit B-2 – Qualifications & Experience and submit it with the bid to PLIA.

· EXHIBIT B-3 – AVAILABILITY BY REGION

Bidder will need to confirm the regions that bidder will provide services without charging travel costs set forth in Exhibit B-3 – Availability by Region and submit it with the bid to PLIA.

· EXHIBIT C – BID PRICE

Bidder must agree to the costs listed in one or more categories as instructed in Exhibit C – Bid Price and submit it with the bid to PLIA.

· EXHIBIT D-1 – CONTRACT ISSUES LIST

This document is a required submittal IF bidder has business issues with the Contract attached as Exhibit D – Contract. If so, bidder must complete and submit to PLIA. Note, however, that PLIA reserves the right not to modify the Contract and to award the Contract on the basis of a bidder’s willingness to agree to the Contract.

· EXHIBIT E – DIVERSE BUSINESS INCLUSION PLAN – SUBCONTRACTOR

This document describes the bidder’s planned efforts to support small and diverse businesses.

4.5. BID FORMAT. Bids must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by PLIA, documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or electronic signature.

4.6. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to xyzlinda.vanevery@plia.wa.gov. PLIA’s email can only accept emails (including attachments) that total less than 30MB in size. Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted.

Section 5 – Complaint, Debrief, & Protest Requirements

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

5.1. COMPLAINTS. This Competitive Solicitation offers a complaint period for bidders wishing to voice objections to this Competitive Solicitation. The complaint period ends five (5) business days before the bid 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 or, if applicable, at the Pre-Bid Conference. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. PLIA will consider all complaints but is not required to modify or cancel the Competitive Solicitation. If bidder complaints result in changes to the Competitive Solicitation, written amendments to the Competitive Solicitation 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 Competitive Solicitation unnecessarily restricts competition; (b) The Competitive Solicitation evaluation or scoring process is unfair or flawed; or (c) The Competitive Solicitation 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 bid 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 bid submittals, unless more time is needed. PLIA 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 bid submittal may be deemed waived for protest purposes.

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

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

b. PURPOSE OF DEBRIEF CONFERENCE. Any bidder who has submitted a timely bid response may request a Debrief Conference (see also Section 5.4 below). A Debrief Conference provides an opportunity for the bidder to meet with PLIA to discuss bidder’s bid and evaluation. It does not provide an opportunity to discuss other bids 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 PLIA’s offices in Olympia, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as Zoom or MS Teams), as determined by PLIA, and may be limited by PLIA to a specified period of time. A bidder’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 bidder 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 Competitive Solicitation.

b. INITIATING A PROTEST. Any bidder 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 bidder’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, PLIA’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 bidder does not accept PLIA’s protest response, the bidder 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 Competitive Solicitation, 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 bidder or an authorized agent.

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

iv. Identify the Competitive Solicitation number.

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

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 bidder is relying as the basis for its action; and (b) Include any relevant documentation or other supporting evidence.

5.5. HOW TO CONTACT PLIA.

a. TO SUBMIT A COMPLAINT. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Complaint” in the subject line of the email message. Alternatively, mail the complaint to the Procurement Coordinator listed in this Competitive Solicitation at the following address:

Attn: Procurement Coordinator – Complaint Pollution Liability Insurance Agency PO Box 40930 Olympia, WA 98504-0930

b. TO REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (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: phi.ly@plia.wa.gov. The email message must include “Protest” and the Solicitation number in the subject line of the email message. Alternatively, mail the protest to the Protest Officer at the following address:

Attn: Protest Officer Pollution Liability Insurance Agency PO Box 40930 Olympia, WA 98504-0930

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

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

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

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

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

· For documents marked ‘sensitive’ or for documents where PLIA either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, PLIA will notify bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that PLIA intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining PLIA from such disclosure. In the event bidder fails to timely file a motion for a court order enjoining such disclosure, PLIA will release the requested document(s) on the date specified. Bidder’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 bidder of any claim that such materials are exempt or protected from disclosure.

6.2. SMALL & DIVERSE BUSINESSES. PLIA, in accordance with Washington State law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See Chapter 39.19 RCW (OMWBE certified businesses); RCW 43.60A.200 (WDVA certified veteran-owned businesses); and RCW 39.26.005 (Washington small businesses). In support of the state’s economic goals and to support a diverse supplier pool, PLIA has established the following voluntary numerical goals for PLIA’s Competitive Solicitations:

· Ten percent (10%) Minority-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE).

· Six percent (6%) Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE).

· Five percent (5%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA).

· Twenty-Five percent (25%) Washington Small Businesses, five percent (5%) of which are microbusinesses or mini businesses as defined in RCW 39.26.010(16) and (17).

Achievement of these goals is encouraged whether directly or through subcontractors.

· OMWBE CERTIFICATION. Bidders 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 – Bidder’s Profile.

· WDVA CERTIFICATION. Bidders 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 – Bidder’s Certification.

· WASHINGTON SMALL BUSINESSES. Bidders may contact OMWBE 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 – Bidder’s Certification.

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

INCLUDED EXHIBITS

EXHIBIT A-1 – BIDDER’S CERTIFICATION

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

Note: As set forth above, Bidder must complete, sign, and return the Bidder’s Certification to PLIA.

EXHIBIT A-2 – BIDDER’S PROFILE

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

Note: As set forth above, Bidder must complete and return the Bidder’s Profile to PLIA.

EXHIBIT B-1 – PERFORMANCE REQUIREMENTS

See attached Exhibit B-1 – Performance Requirements.

Note: As set forth above, Bidder must complete and return Performance Requirements to PLIA.

EXHIBIT B-2 – QUALIFICATIONS AND EXPERIENCE

See attached Exhibit B-2 – Qualifications and Experience.

Note: As set forth above, Bidder must complete and return Qualifications and Experience to PLIA.

EXHIBIT B-3 – AVAILABILITY BY REGION

See attached Exhibit B-3 – Availability by Region.

Note: As set forth above, Bidder must complete and return Availability by Region to PLIA.

EXHIBIT C – BID PRICE

See attached Exhibit C – Bid Price.

Note: As set forth above, Bidder must complete and return Exhibit C – Bid Price to PLIA.

EXHIBIT D – CONTRACT

See attached Exhibit D – Contract for RFP No. 21-005.

EXHIBIT D-1 – BIDDER’S CONTRACT ISSUES LIST (IF APPLICABLE)

See attached Exhibit D-1 – Bidder’s Contract Issues List.

Note: As set forth above, Bidder must complete and return Exhibit D-1 – Bidder’s Contract Issues List to PLIA if bidder has any issues with the Contract set forth as Exhibit D – Contract.

EXHIBIT E – DIVERSE BUSINESS INCLUSION PLAN – SUBCONTRACTORS

See attached Exhibit E – Diverse Business Inclusion Plan – Subcontractors.

COMPETITIVE SOLICITATION NO. RFP 23-005 FINANCIAL ASSURANCE ENVIRONMENTAL CONSULTING SERVICES PAGE 1 (Rev 2022-09-01) image1.jpeg