RFP-2024-0822_Competetive Solicitation.pdf

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 1 (Rev 2023-12-18)

AGENCY CONTRACT COMPETITIVE SOLICITATION – NO. RFP-2024-0822

INTRODUCTION

The Washington State Department of Transportation (“WSDOT”) is issuing this Competitive Solicitation pursuant to RCW 39.26. Pursuant to this Competitive Solicitation, WSDOT intends to conduct a competitive procurement to award an Agency Contract for WSDOT to procure a consultant to implement and administer the new Washington Electric Bicycle Rebate Program (“WE-Bike”).

SUMMARY

As per ESHB 1125, Section 310 (16) of the 2023-2025 Biennia Transportation Budget proviso, WSDOT is soliciting a Consultant to implement and administer the Washington Electric Bicycle Rebate Program (WE-Bike) through Fiscal Year (FY) 2025 with an option to renew two (2) additional two (2) year terms (2025-2027 and 2027-2029 biennia), dependent upon funding appropriated by the legislature.

WE-Bike is intended to encourage adoption of electric bicycles as a replacement for motor vehicle trips.

Consistent with the goals of RCW 70A.65.240, WE-Bike is intended to affect reductions in transportation sector carbon emissions through a variety of carbon reducing investments. WE-Bike would increase access to clean transportation options while offsetting vehicle miles traveled (VMT) by way of incentivizing electric bicycles (e-bikes) ownership, which provides an attractive alternative to driving for some trips. WE-Bike will provide vouchers for rebates on eligible e-bikes to income-qualified consumers and the general public at the time of purchase, using a selection process for recipients that will be identified by WSDOT. Rebate vouchers must be used for purchases at an approved qualified e-bike retailer.

BACKGROUND

The Climate Commitment Act and the 2023-25 transportation budget provide the policy framework to support WE-Bike. Governor Jay Inslee signed E2SSB 5126 into law May 17, 2021. The law was codified in chapter 70a.65 RCW Greenhouse Gas Emissions—Cap And Invest Program, and is otherwise referred to as the Climate Commitment Act (CCA). The CCA caps and reduces greenhouse gas (GHG) emissions from Washington’s largest emitting sources and industries and generates revenue by auctioning emission allowances to support new investments in climate-resiliency programs, clean transportation, and addressing health disparities across the state. Section 70A.65.240 of the CCA, the Carbon emissions reduction account (CERA) identifies qualifying expenditures that affect reductions in transportation sector carbon emissions. Appropriations for active transportation (which includes electric assist bicycles as defined under RCW 36.70A.030) was listed as a qualifying expenditure. The WE-Bike was created via a legislative budget proviso in HB 1125, enacted in 2023.

The legal definition of an e-bike under RCW 46.04.169 includes Class 1, 2, and 3 e-bicycles and e-tricycles. This includes adaptive equipment suitable for people with disabilities, family e-bikes/trikes, https://app.leg.wa.gov/billsummary?BillNumber=1125&Initiative=false&Year=2023 https://app.leg.wa.gov/RCW/default.aspx?cite=46.04.169&pdf=true%3eRCW

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 2 and cargo e-bikes/trikes. All references to “e-bikes” in this RFP include these equipment types. The proviso explicitly excludes e-mountain bikes from eligibility for the rebate.

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 WSDOT’s Procurement Coordinator for this procurement.

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 WSDOT 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 WSDOT’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 WSDOT to constitute a responsive bid. See Section 4, below.

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

Exhibit B – Performance Requirements: This exhibit outlines the required specifications/qualifications for the good(s) and/or service(s) that is/are the subject of this Competitive Solicitation.

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

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

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 WSDOT 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.

o Redlined Documents will NOT be reviewed.

o Do not provide a copy of Bidder's standard contract.

o WSDOT cannot and will not accept a bid or enter into a Contract that substantially changes the material terms and conditions set forth in this Competitive Solicitation.

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Exhibit E – Diverse Business Inclusion Plan – Subcontractors - Required only if Bidder will be using subcontractors to perform the Contract: This exhibit outlines the inclusion plan for diverse business subcontractors pertaining to the Contract.

Exhibit F – Scope of Work: This exhibit outlines the required work requirement of the Competitive Solicitation. It defines project-specific activities, deliverables, and timelines for the requested provided services.

Exhibit G- Client Reference Form: This document is to be forwarded to three current or former clients to complete and the clients must submit directly to the Procurement Coordinator by the deadline listed in Section 1.1.

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

ITEM DATE

Competitive Solicitation Posting Date: Thursday, August 22, 2024

Pre-Bid Conference: Wednesday, September 4, 2024 at 10:00 AM (Pacific Time)

Join the meeting now Meeting ID: 233 797 814 765 Passcode: aLJ53U

Dial in by phone +1 206-531-0324,,373939769# United States, Seattle Find a local number Phone conference ID: 373 939 769#

Question

Answer Period:

Deadline for Submitting Questions:

Thursday, September 12, 2024 by 10:00 AM (Pacific Time)

Anticipated Deadline for Answers Tuesday, September 17, 2024

Complaint Period Ends:

By 1:00 PM PST, 5 Business Days before the Bid is due https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjRmMjMyY2YtMGJkYy00MzRjLWE1ZGQtZjZiZWY5ZjUyMzlj%40thread.v2/0?context=%7b%22Tid%22%3a%226f10858a-931e-4554-89f7-a3694e8e0f1a%22%2c%22Oid%22%3a%22796b182b-b778-4e0a-b5d4-253b31af91a0%22%7d tel:+12065310324,,373939769 https://dialin.teams.microsoft.com/039e7852-bef4-4986-949b-6b82f4e2095f?id=373939769

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 4

COMPETITIVE SOLICITATION DEADLINES

ITEM DATE

Bidder References Due to RFQQ Coordinator:

Thursday, October 3rd, 2024, by 11:59

PM

Deadline for Submitting Bids Monday, October 7, 2024, by 11:59 PM

PST

Anticipated Interview/Demonstration Date(s)- If utilized* Wednesday, October 16, 2024

Anticipated Announcement of Apparent Successful Bidder: Thursday, October 17, 2024

Debrief Request Period Ends: By 1:00 PM PST, 3 Business Days after Announcement of ASB

Protest Period Ends: By 1:00 PM PST, 5 Business Days after Requested Debrief Conferences Are Held

Anticipated Award of Contract:

Thursday, October 31st, 2024

WSDOT reserves the right to revise the above schedule*

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

Procurement Coordinator

Name: Heidi Olson

Telephone: 360-705-7559

Email: Heidi.olson@wsdot.wa.gov

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).

• Bidders should only rely on written postings and amendments issued via WEBS. All other communications will be considered unofficial and non-binding on WSDOT. Should bidders rely on any other communication, they do so at their own risk and expense.

• Bidders are responsible for providing questions in writing to the Procurement Coordinator. The Procurement Coordinator may request additional information or clarifications before providing an official answer to any questions raised.

• Questions received and the official answers will be posted throughout the Q&A period to

WEBS. If bidders are registered in WEBS, they should receive the notice that a new document is posted. But it is recommended that potential bidders also proactively check WEBS regularly.

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• Amendments- Some Q&A may lead to solicitation amendments. It is the Bidder’s responsibility to use the most recent form of the required exhibits if they get amended.

The details of any change will be listed in an amendment document posted in 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. WSDOT 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 Washington Electronic Business Solution 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 a Contract for WSDOT to procure WE-Bike specific goods and/or services as mandated by The Climate Commitment Act E2SSB 5126 and ESHB 1125, section 310 (16) as set forth herein. Pursuant to Washington’s Procurement Code for Goods and Services, RCW chap. 39.26, state agency purchases of goods and services must be based on a competitive solicitation process in which the Contract is awarded to the highest scoring responsive, responsible bidder.

2.2. CONTRACT. An example 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. As set forth in the attached Contract for this Competitive Solicitation, the initial contract term is through June 30, 2025, with the WSDOT option to renew for up to two (2) additional (2) year terms. Bidders are to specify prices for the initial contract term. The Contract is subject to earlier termination.

2.4. ESTIMATED CONTRACT VALUE. There is not an incumbent, and this is a new legislatively mandated program. Total potential or estimated contract sales for this Competitive Solicitation are not known. Although WSDOT does not represent or guarantee any minimum purchase from the Contract, a not-to-exceed amount of $419,400 or 9% of the overall contract amount for the Administrative Costs through June 30, 2025, is favorable. WSDOT shall pay an amount not to exceed $4,660.000 for the performance of all things necessary, including the point-of-sale rebate reimbursements, for or incidental to the performance of work as set forth in the Scope of Work through June 30, 2025.

a. ANY CONTRACT AWARDED AS A RESULT OF THIS PROCUREMENT IS CONTINGENT UPON THE AVAILABILITY

OF FUNDING.

b. NO COSTS OR CHARGES MAY BE INCURRED BEFORE THE CONTRACT IS FULLY EXECUTED.

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

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In 2023, ESHB 1125 Sec. 310 (16) appropriated $5,000,000 from CERA to establish a program for providing rebates to qualifying persons who purchase e-bikes and qualifying equipment and services from a qualifying retailer. The budget appropriation is for residents of Washington State who are at least 16 years of age, and the funding is allocated as follows:

• 60% of the funding available for rebates is for persons residing in households with incomes at or below 80 percent of the county area median income and the amount of the rebate is up to $1,200.

• 40% of the funding available for rebates for all other persons and the amount of the rebate is up to $300.

A portion of the appropriated funding is designated for WSDOT program administration and for the University of Washington to produce a policy brief and report, such that $4,660,000 will be available to establish the program and fund individual rebates.

Additional legislative stipulations and restrictions on the funding are detailed in ESHB 1125, Sec.

310(16).

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. WSDOT 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: 10 points

Washington Small Business: 10 points

Certified Veteran-Owned Business: 10 points

SECTION 3 – BID EVALUATION

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

3.1. OVERVIEW. WSDOT 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 will be notified of the reasons for this rejection.

The Procurement Coordinator 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.

https://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/House%20Passed%20Legislature/1125-S.PL.pdf

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 7

The following summary chart provides an overview of the process and evaluation criteria (which are further described below) to determine eligibility for a Contract award:

STEP ITEM POINTS

Bid Responsiveness

Bid Responsiveness & Bidder Responsibility Analysis – including submitted Exhibit G – Client Reference Forms

Pass/Fail

Bid Evaluation

Non-Cost Factors Exhibit B – Performance Requirements/Experience/Bidder Qualifications

3 Cost Factors Exhibit C – Bid Price 10

Total: 210

State Procurement Priorities

Washington Small Business 10

Certified Veteran-Owned Business 10

Executive Order 18-03 10

Total: 30

TOP-SCORED BIDDER(S) ADVANCE TO STEP 5

Presentation Evaluation – If Utilized*

5 Demonstration/Interview – If utilized* 50

Contract Negotiations

7 Contract Negotiations N/A

3.2. BID RESPONSIVENESS (STEP 1). WSDOT will review bids – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that WSDOT will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. WSDOT reserves the right – in its sole discretion – to determine whether a bid is responsive – i.e., 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.

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 8

3.3. BIDDER RESPONSIBILITY ANALYSIS (STEP 1). For responsive bids, WSDOT must determine whether the bidder is a ‘responsible bidder.’ Accordingly, WSDOT will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, WSDOT 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 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, WSDOT may consider the following:

Financial Information: WSDOT 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: WSDOT 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.

a) Client Reference Forms: The Procurement Coordinator will receive and review the submitted Client Reference Forms (via Exhibit G- Client Reference Form). A submittal of three (3) Client Reference Evaluations are Mandatory Scored as indicated under Exhibit B- Performance Requirements REQ ID 1.3.

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

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 9

PERFORMANCE REQUIREMENTS SCORING – REQ IDS- Mandatory/Mandatory Scored/Desirable Scored

i. Each REQ ID within Exhibit B- Performance Requirements of the Response File will be given a score by each team evaluator or be a Mandatory (pass/fail) requirement. Then the REQ ID with associated scores will be totaled and an average score for each Bidder will be calculated as set forth in Section 3.1. Total maximum points will be 200, with an additional maximum 30 points for bidders meeting state procurement priorities.

ii. Mandatory (M) requirements will be pass/fail.

iii. Mandatory Scored (MS) Evaluation points will be assigned based on the effectiveness of the response to each of the requirements pertaining to the qualifications of the project, coordination/execution, subject matter expert and technical requirements.

iv. Desirable Scored (DS) Evaluation points will be assigned based on the effectiveness of the response to each of the requirements pertaining to the qualifications of the project, coordination, execution, subject matter expertise and technical requirements. A score of 0 for a DS REQ ID does not disqualify the bidder.

v. QUALITATIVE REVIEW AND SCORING. Only Responses that pass the administrative screening for ID Responsiveness and Responsibility and their Mandatory requirements will be evaluated and scored based on responses to the scored requirements in the RFP. Responses receiving a zero (0) on any Mandatory Scored (MS) element(s) will be disqualified.

3.5. BID PRICING EVALUATION (STEP 3). The Procurement Coordinator will evaluate bid pricing by reviewing and comparing the submitted bid prices provided in Exhibit C-Bid Price.

Scoring Rubric

Pass Response Received and Meets Requirement

Fail Response Missing or Response Received and Does Not Meet Requirement

M Mandatory. Scored as pass/fail

MS Mandatory scored. Bidders scoring 0 will be disqualified.

DS Desirable scored. Bidders scoring 0 will not be disqualified.

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 10

FINANCIAL QUOTE EVALUATION: The Procurement Coordinator will calculate the financial scoring using Bidder’s Exhibit C- Bid Price response. This financial score will be used in the calculation of Bidder’s Total Score as set forth below:

3.6. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 4). WSDOT 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), WSDOT will evaluate bids for best value and will provide a bid preference in the amount of 10 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 WSDOT will evaluate bids for best value and will provide a bid preference in the amount of 10 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, WSDOT will evaluate bids for best value and will provide a bid preference in the amount of 10 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.

3.7. PRESENTATION EVALUATION (STEP 5) – IF UTILIZED*. WSDOT, at its discretion, may invite up to the top three (3) bidder(s) with the highest-scored proposals to demonstrate/interview with the evaluation committee. All key personnel will be required to participate in the demonstration/interview process. The Procurement Coordinator will contact the bidder(s) to schedule a date and time for demonstration/interview. Bidder(s) is/are encouraged to hold the date(s) indicated in Competitive Solicitation Section 1.1. The Procurement Coordinator will provide further instruction at the time of scheduling demonstrations/interviews. There will be a maximum of 50 points awarded based on bidder’s demonstration/interview.

3.8. CONTRACT NEGOTIATIONS (STEP 6). WSDOT 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, WSDOT, in its sole judgement, cannot reach agreement on acceptable Contract terms with such bidder, WSDOT may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

𝑩𝑩𝑩𝑩𝑩𝑩 𝑷𝑷𝑷𝑷𝑩𝑩𝑷𝑷𝑷𝑷 𝑺𝑺𝑷𝑷𝑺𝑺𝑷𝑷𝑷𝑷 = �

𝑳𝑳𝑺𝑺𝑳𝑳𝑷𝑷𝑳𝑳𝑳𝑳 𝑷𝑷𝑷𝑷𝑩𝑩𝑷𝑷𝑷𝑷 𝑸𝑸𝑸𝑸𝑺𝑺𝑳𝑳𝑷𝑷

𝑩𝑩𝑩𝑩𝑩𝑩𝑩𝑩𝑷𝑷𝑷𝑷′𝑳𝑳 𝑷𝑷𝑷𝑷𝑩𝑩𝑷𝑷𝑷𝑷 𝑸𝑸𝑸𝑸𝑺𝑺𝑳𝑳𝑷𝑷

� ∗ 𝑻𝑻𝑺𝑺𝑳𝑳𝑻𝑻𝑻𝑻 𝑷𝑷𝑺𝑺𝑩𝑩𝑷𝑷𝑳𝑳𝑳𝑳 𝑷𝑷𝑺𝑺𝑳𝑳𝑳𝑳𝑩𝑩𝑷𝑷𝑻𝑻𝑷𝑷

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

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3.9. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. WSDOT will determine the Apparent Successful Bidder (“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 WSDOT will issue an award for a Contract. Rather, this designation allows WSDOT 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, responsive and responsible bidders may request a debrief conference as specified in Section 5.

3.10. AWARD OF CONTRACT. Subject to protests, if any, WSDOT and the ASB will enter into a Contract as set forth in Exhibit D – Contract. An award is made and a contract formed by signature of WSDOT and the awarded bidder on the Contract. Following the Contract award, 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 WSDOT’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). Upon ASB announcement, all bid evaluations will be posted to WEBS.

SECTION 4 – HOW TO PREPARE AND SUBMIT A BID FOR THIS COMPETITIVE SOLICITATION

This section identifies how to prepare and submit your bid 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 the Procurement Coordinator 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. WSDOT 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

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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 WSDOT to consider and, if warranted, respond to the inquiry. If a bidder does not notify the Procurement Coordinator of an issue, exception, addition, or omission, such matter may be considered to be 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. Bid prices must include all cost components needed for the goods and/or services as described in this Competitive Solicitation. See Exhibit C – Cost Sheet. A bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

Inclusive 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 and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

a) All travel and per diem shall be included in Exhibit C – Cost Sheet.

b) Additional Rows may be added to Exhibit C- Bid Price as necessary, but WSDOT reserves the right to reject any portion of the Bid Price that a Bidder adds that is additional to the Scope of Work.

4.4. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to the Procurement Coordinator 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 the Procurement Coordinator in writing, bidders must identify such supplemental materials with the bidder’s name.

LETTER OF SUBMITTAL- ELECTRONIC FILE 1 (WITH A COPY IN FILE 2)

The requirements of this document are described further in Section 4.6, below.

No reference to price may be mentioned anywhere within this document.

EXHIBIT A-1 – BIDDER’S CERTIFICATION – ELECTRONIC FILE 2

This document is the Bidder’s Certification.

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

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 13

EXHIBIT A-2 – BIDDER’S PROFILE – ELECTRONIC FILE 2

This document is required bidder information for contract administration purposes.

Complete as instructed and submit it with the bid to the Procurement Coordinator.

EXHIBIT B – PERFORMANCE REQUIREMENTS – ELECTRONIC FILE 1

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

EXHIBIT C – BID PRICE – ELECTRONIC FILE 2

Bidder will need to complete the price worksheet tools as instructed in Exhibit C – Bid Price and submit it with the bid to the Procurement Coordinator.

EXHIBIT D-1 – CONTRACT ISSUES LIST – ELECTRONIC FILE 2

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 the Procurement Coordinator. Note, however, that WSDOT 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.

o Redlined Documents will NOT be reviewed.

o Do not provide a copy of Bidder's standard contract.

o WSDOT cannot and will not accept a bid or enter into a Contract that substantially

EXHIBIT E – BIDDER’S DIVERSE BUSINESS INCLUSION PLAN – SUBCONTRACTORS – ELECTRONIC

FILE 2

This exhibit is required only if Bidder will be using subcontractors to perform the Contract. This exhibit outlines the inclusion plan for diverse business subcontractors pertaining to the Contract.

EXHIBIT G – CLIENT REFERENCE FORM(S)

The Procurement Coordinator will receive and review the submitted Client Reference Forms (via Exhibit G- Client Reference Form). A submittal of three (3) Client Reference Evaluations are Mandatory as indicated under Exhibit B- Performance Requirements REQ ID 1g. These must be sent to the Procurement Coordinator by the Bidders’ references directly. These are not submitted by the Bidder.

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 14

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 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 the Procurement Coordinator at the following email address: acoacquisitionsubmittal@wsdot.wa.gov & heidi.olson@wsdot.wa.gov. Note: This email only can 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.

a. THE RESPONSE SHOULD BE SUBMITTED IN TWO (2) SEPARATE ELECTRONIC FILES CONTAINING WHAT IS

LISTED IN SECTION 4.4 - Bid Submittal Checklist. The separation of the documentation protects the integrity of the State’s evaluation process. No mention of the cost response/bid price may be made in File 1.

i. ELECTRONIC FILE 1:

1. A Letter of Submittal, on official company letterhead, and signed by a person authorized to bind your organization to a contract. The Letter of Submittal must include the following:

a. The names and titles of Bidder’s principal officers;

b. An organizational chart of the company;

c. A brief description of its entity (including business locations, size, areas of specialization and expertise, client base, and any other pertinent information that would aid an evaluator in formulating a determination about the stability and strength of the entity), including the vendor organization’s experience and history with the solution being requested by WSDOT;

d. The lead time needed before work can begin after the formal award is announced;

e. A statement that the Bidder received the proposed contract (Exhibit D);

f. If Bidder has no exceptions to the proposed contract (Exhibit D) include a statement that the Bidder does not have exceptions to the proposed contract. If exceptions exist, Bidder shall submit them using the Contract Issues List (Exhibit D-1) in Electronic File 2.

2. Exhibit B: Performance requirements with compiled requested responses.

mailto:acoacquisitionsubmittal@wsdot.wa.gov

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 15

ii. ELECTRONIC FILE 2:

1. A copy of the Letter of Submittal;

2. Exhibit A-1: Bidder’s Certification;

3. Exhibit A-2: Bidder’s Profile;

4. Exhibit C: Bid Price;

5. Exhibit D-1: Contract Issues List (if applicable);

6. Exhibit E: Subcontractor Inclusion Plan (if applicable).

iii. Exhibit G- Client Reference Form(s) are to be submitted as part of the bid by the Reference directly to the Procurement Coordinator via email two (2) business days prior to the Bid Submission Date.

1. These are submitted by the Bidder’s reference directly to the Procurement Coordinator.

b. THE RESPONSE MUST INCLUDE THE SIGNATURE OF AN AUTHORIZED BIDDER REPRESENTATIVE, AS

REQUIRED, ON ALL DOCUMENTS IN THE EXHIBITS.

c. EACH ELECTRONICALLY SUBMITTED FILE SHALL HAVE THE SUBJECT LINE: (BIDDER NAME) –

PROCUREMENT NUMBER RFP 2024 0822- (FILE 1 OR FILE 2).

d. WSDOT WILL NOT REIMBURSE BIDDERS FOR ANY COSTS ASSOCIATED WITH PREPARING OR PRESENTING

A RESPONSE TO THIS PROCUREMENT.

4.7. ERRORS IN RESPONSE. Bidders are liable for all errors and omissions contained in their responses.

Bidders will not be allowed to alter response documents after the deadline for response submission. WSDOT is not liable for any errors in responses.

a. In those cases where it is unclear to what extent a requirement or price has been addressed, the evaluation team(S) may, at their discretion and acting through the Procurement Coordinator, contact a Bidder to clarify specific points in the submitted response. However, under no circumstances will the responding Bidder be allowed to make changes to the proposed items after the deadline stated for receipt of responses.

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, COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 16 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. WSDOT 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. WSDOT 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 WSDOT, 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, WSDOT will issue an ASB announcement. That the ASB announcement may be made by any means, but WSDOT 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, WSDOT 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, WSDOT likely will schedule the Debrief Conference shortly after the ASB announcement and the bidder’s request for a Debrief Conference. WSDOT 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 WSDOT to discuss bidder’s bid and evaluation.

It does not provide an opportunity to discuss other bids and evaluations.

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 17

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 will be conducted virtually (e.g., by telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by WSDOT, and may be limited by WSDOT 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, WSDOT’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 WSDOT’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; and

vi. Be sent to the address identified below.

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 18

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 WSDOT.

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 and be addressed to heidi.olson@wsdot.wa.gov. Alternatively, mail the complaint to the Procurement Coordinator listed in this Competitive Solicitation at the following address:

Attn: Procurement Coordinator – Complaint- RFP 2024 0822 Contracts Services Office

WSDOT

PO Box 47408 Olympia, WA 98504-7408

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: Schatzie.harvey@wsdot.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 – Schatzie Harvey- RFP 2024 0822 Contracts Services Office

WSDOT

PO Box 47408 Olympia, WA 98504-7408

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 WSDOT’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 WSDOT 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. WSDOT 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 https://app.leg.wa.gov/RCW/default.aspx?cite=42.56

COMPETITIVE SOLICITATION NO. RFP 2024 0822 – WE-Bike PAGE 19 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 WSDOT 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, WSDOT, prior to disclosure, will do the following:

WSDOT’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, WSDOT will redact or withhold the document(s) as appropriate.

For documents marked ‘sensitive’ or for documents where WSDOT either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, WSDOT will notify bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that…