RFP K13803 McNeil #2 Drydock.pdf

Washington State RFP K13803 Page 1 of 21 Department of Corrections 25VVC

REQUEST FOR PROPOSALS

RFP K13803

WASHINGTON STATE

DEPARTMENT OF CORRECTIONS

MCNEIL #2 DRYDOCK

ISSUE DATE: May 06, 2025

BID DUE DATE: May 20, 2025

By 4:00pm

Washington State RFP K13803 Page 2 of 21

Table of Contents

1. INTRODUCTION

2. RFP CONTENTS

3. GENERAL INFORMATION FOR BIDDERS

3.1 RFP COORDINATOR

3.2 SCHEDULE OF PROCUREMENT ACTIVITIES

3.3 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

3.4 RIGHT TO CANCEL

3.5 MINORITY, SMALL, VETERAN AND WOMEN’S BUSINESS ENTERPRISE (MSVWBE)

PARTICIPATION

3.6 MOST FAVORABLE TERMS

3.7 INCORPORATION OF BID INTO CONTRACT

3.8 COSTS TO PROPOSE

3.9 NO OBLIGATION TO CONTRACT

3.10 REJECTION OF BIDS

3.11 COMMITMENT OF FUNDS

3.12 ELECTRONIC PAYMENT

4. INSTRUCTIONS TO BIDDERS

4.1 SUBMISSION OF BIDS

4.2 RESPONSIVENESS

4.3 BID CONTENTS

4.3.1 Transmittal Letter

4.3.2 Certifications and Assurances Form

4.3.3 Bidder Profile Form

4.3.4 Bid Instructions

4.3.5 Bid Form

4.3.6 Rate Proposal

4.3.7 Certification of Bid

4.3.8 Issues List

4.4 VENDOR’S QUESTIONS AND DOC’S RESPONSES

4.5 PROTEST PROCEDURE

5. EXAMINATION OF PLANS, SPECIFICATIONS, AND VESSEL INSPECTION

Washington State RFP K13803 Page 3 of 21

6. EVALUATION OF BIDS

6.1 EVALUATION PROCEDURE

7. RESPONSIBILITY CRITERIA

8. PRE-AWARD INFORMATION

9. AWARD

9.1 DOC NEGOTIATION PROCEDURES

9.1.1 Final Written Offer

9.2 APPARENT SUCCESSFUL BIDDER (ASB)

9.3 EXECUTION OF CONTRACT AND COMMITMENT OF FUNDS

9.4 CONTRACT SECURITY

9.5 WAIVE MINOR ADMINISTRATIVE IRREGULARITIES

9.6 ERRORS IN BID

9.7 NOTIFICATION TO BIDDERS

Washington State RFP K13803 Page 4 of 21

WASHINGTON STATE

DEPARTMENT OF CORRECTIONS

TUMWATER, WASHINGTON

REQUEST FOR PROPOSALS

RFP NO. K13861

If you download this RFP from the Washington Electronic Business Solutions (WEBS) website located at https://pr-webs-vendor.des.wa.gov/home.html, you are responsible for either checking the website or sending your name, address, e-mail address, and telephone number to the RFP Coordinator in order for your organization to receive any RFP amendments or notices.

PROJECT TITLE:

RFP K13803 McNeil #2 Drydock

1. INTRODUCTION

The Washington State Department of Corrections (DOC) is issuing this RFP to solicit Bids for the following described project:

The contract work consists of the following repairs to the McNeil Island Barge #2: Dry-dock vessel to perform routine maintenance and complete USCG dry-dock inspection and internal structural exam for credit; Prepare and coat vessel deck, safety rails and mooring bits, lane striping, freeboard, and voids/bilges according to the specifications provided. Prepare and coat the underwater hull according to the specifications provided. Remove and replace zinc anodes (supplied by DOC.); and other related maintenance work, as specified in the Scope of Work and Specification (EXHIBIT I). The McNeil Island Barge #2 USCG inspected passenger-carrying deck barge used as a vehicle ferry to/from McNeil Island. Dry-dock vessel to perform routine maintenance and complete USCG dry-dock inspection and internal structural exam for credit by June 30, 2025.and all of the contracted work must be performed within the Puget Sound, Region, by September 30, 2025.

The project work shall hereinafter be called the "Contract Work". A more detailed description of such Contract Work is provided in the Scope of Work and Specification (EXHIBIT I). As used elsewhere in the RFP, the terms "State" and "Contracting Agency" shall have the same meaning as

"DOC".

2. RFP CONTENTS

RFP K13803

EXHIBIT A – Certification and Assurances EXHIBIT B – Bidder Profile Form EXHIBIT C – Bid Instructions http://www.ga.wa.gov/Business/index.html

Washington State RFP K13803 Page 5 of 21

EXHIBIT D – Bid Form EXHIBIT E – Rate Proposal Form EXHIBIT F – Certification of Bid EXHIBIT G – Contract Model EXHIBIT G(1) – General Terms and Conditions EXHIBIT H – Issues List EXHIBIT I – Scope of Work and Specifications EXHIBIT J – Drawings EXHIBIT K – Paint Specifications

3. GENERAL INFORMATION FOR BIDDERS

3.1 RFP COORDINATOR

The RFP Coordinator is the sole point of contact in DOC for this procurement. Upon receipt of this

RFP all communication between Bidders and DOC shall be with the following RFP Coordinator:

Name Vadim Chebotar, Senior Contracts Attorney

E-Mail Address docRFPresponse@doc.wa.gov

Any other communication will be considered unofficial and non-binding on DOC.

Communication directed to anyone other than the RFP Coordinator may, at the RFP Coordinator’s discretion result in disqualification of the Bidder. Bidders are to rely only on written statements issued by the RFP Coordinator.

3.2 SCHEDULE OF PROCUREMENT ACTIVITIES

The dates listed below represent the current procurement schedule. DOC reserves the right to change the schedule as needed. Any changes to the schedule prior to Bid due date will be posted electronically on WEBS as an amendment to this solicitation.

Failure to meet any of the required deadlines will result in disqualification from participation in the procurement. All times are local at Tumwater, WA.

RFP issued by posting on WEBS May 06, 2025

Deadline for RFP coordinator to receive vendors’ emailed or faxed questions about this RFP.

May 13, 2025

4:00 PM

Date by which answers to vendors’ written questions will be posted on WEBS as an Amendment to this RFP. May 16, 2025

Washington State RFP K13803 Page 6 of 21

Proposals due by email to RFP coordinator (Bid Due Date) May 20, 2025, 4:00 PM

Evaluation of Bids Complete May 23, 2025

Contact Executed and Services Begin May 27, 2025

3.3 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Materials submitted in response to this competitive solicitation shall become the property of DOC.

DOC is subject to the Public Records Act (chapter 42.56 RCW). All Bids received shall remain confidential until Bid opening; thereafter, the Bids shall be deemed public records as defined in the

Public Records Act.

Any information contained in the Bid that is proprietary or confidential must be clearly designated.

Each page claimed to be exempt from disclosure must reference the specific basis claimed under

Chapter 42.56 RCW, the Public Records Act or other state or federal law that provides for the nondisclosure of your Bid information. Any portion which you claim to be proprietary, confidential, or exempt from disclosure must be clearly identified by the word “Proprietary” or

“Confidential” printed on the lower right-hand corner of the page. Marking of the entire Bid or entire sections of the Bid as proprietary or confidential will not be accepted nor honored. Marking of the Rate Proposal as proprietary or confidential will be neither accepted nor honored. Any attempts to restrict disclosure through use of footers on every page and/or statements restricting disclosure will not be honored and may subject Bidder to disqualification.

To the extent consistent with Chapter 42.56 RCW, the Public Records Act, DOC shall maintain the confidentiality of Bidder’s information marked confidential or proprietary. If a request is made to view Bidder’s confidential or proprietary information, DOC will notify Bidder of the request and of the date that the records will be released to the requester unless Bidder obtains a court order enjoining that disclosure or the requester and Bidder reach an agreement on the extent of such disclosure, which agreement will be forwarded to DOC by the requester prior to DOC’s date for the proposed disclosure. If Bidder fails to obtain the requester’s agreement or a court order enjoining disclosure, DOC will release the requested information on the date specified.

A charge will be made for copying and shipping, as outlined in RCW 42.56. Requests for records pursuant to the Public Records Act must be submitted to DOC’s Public Records Officer

(DOCPublicDisclosureUnit@doc.wa.gov).

http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 mailto:DOCPublicDisclosureUnit@doc.wa.gov

Washington State RFP K13803 Page 7 of 21

3.4 RIGHT TO CANCEL

DOC reserves the right to cancel or reissue this RFP, in whole or in part, at any time without obligation or liability. If DOC determines that one or more Bidders did not comply with the requirements of a particular stage of the procurement, DOC reserves the right to cancel that stage and/or all affected stages, and require all Bidders to re-perform the stage or affected stages.

3.5 MINORITY, SMALL, VETERAN AND WOMEN’S BUSINESS ENTERPRISE (MSVWBE)

PARTICIPATION

In accordance with Chapter 39.04.160 RCW and Chapter 39.04.162 RCW, DOC encourages

Minority, Small, Veteran, and Women’s Business Enterprise (MSVWBE) Participation.

While participation in these programs is encouraged, no minimum level of participation will be required as a condition for receiving an award and Bids will not be rejected or considered non-responsive on that basis.

Bidders must identify in EXHIBIT B, Bidder Profile Form, if they, or any Subcontractors, meet the definitions and/or are certified as described above.

3.6 MOST FAVORABLE TERMS

DOC reserves the right to make an award without further discussion of the Bid submitted.

Therefore, the Bid should be submitted initially on the most favorable terms that the Bidder can propose. DOC reserves the right to contact a Bidder for clarification of its Bid during the evaluation process. In addition, if the Bidder is selected as the Lowest Responsive and Responsible Bidder, DOC reserves the right to enter into contract negotiations with the Lowest Responsive and

Responsible Bidder, which may include discussion regarding the terms of the Bid.

DOC reserves the right to negotiate with the next highest ranked Bidder and to contract with that

Bidder if a contract is not signed by the Lowest Responsive and Responsible Bidder within ten (10) business days after a Contract is presented by DOC.

3.7 INCORPORATION OF BID INTO CONTRACT

This RFP document (including any addenda and amendments), Bidder’s Bid (including any submissions made by Bidder to DOC after the Bid is submitted), will become part of the representations and warranties of Bidder in the Contract and will be incorporated into and become attached to the Contract.

Bidders cannot treat the Bid as a “marketing” document, as it will become part of the contractual

Washington State RFP K13803 Page 8 of 21 commitment of the Bidder. Bidders’ subject matter experts, project team, technical staff, and others, as appropriate, must be involved to ensure that all responses in the Bidder’s Bid are accurate, and can support the representations and warranties reflected in the Contract that are part of this RFP.

Any disclaimer or other language contained in a Bid that differs from the requirements described in this section will be disregarded by DOC and deemed to have no force or effect. If Bidder rejects the incorporation of any of the above materials into the resulting Contract, DOC will disqualify

Bidder.

3.8 COSTS TO PROPOSE

DOC will not be liable to the Bidder for any costs related to responding to this RFP.

3.9 NO OBLIGATION TO CONTRACT

This RFP does not obligate the state of Washington or DOC to contract for goods or services specified herein.

3.10 REJECTION OF BIDS

DOC reserves the right at its sole discretion to reject any and all Bids received without penalty and not to issue a contract as a result of this RFP.

3.11 COMMITMENT OF FUNDS

The Secretary of DOC or delegate are the only individuals who may legally commit DOC to the expenditure of funds for a contract resulting from this RFP. No costs chargeable to the proposed

Contract may be incurred before receipt of a fully executed contract. No payments in advance or in anticipation of services to be provided under this contract shall be made by DOC.

3.12 ELECTRONIC PAYMENT

DOC prefers to utilize electronic payment in its transactions. The successful contractor will be provided a form to complete with the contract to authorize such payment method.

4. INSTRUCTIONS TO BIDDERS

4.1 SUBMISSION OF BIDS

Bids may be submitted by email only. Late Bids will not be accepted and will be automatically disqualified from further consideration.

The Bid is to be sent to the RFP Coordinator, who is DOC’s sole point of contact for this

Washington State RFP K13803 Page 9 of 21 procurement, at the email address noted in Section 3.1. The Bid must be received by DOC no later than 4:00 P.M. PST, on May 20, 2025.

4.2 RESPONSIVENESS

All Bids will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. Failure to comply with any part of the RFP may result in rejection of the Bid as non-responsive. DOC, however, reserves the right, at its sole discretion, to waive minor administrative irregularities.

Bids must respond to the procurement requirements. Do not respond by referring to material presented elsewhere. The Bid must be complete and must stand on its own merits. All Bids and any accompanying documentation become the property of DOC and will not be returned.

4.3 BID CONTENTS

This section describes what is required in the Bid to be complete. Failure to comply with these requirements will result in disqualification of a Bid as non-responsive. Bids must provide information in the same order as presented below and with the same headings. This will not only be helpful to the evaluators of the Bid, but should assist the Bidder in preparing a thorough response.

The Bid must include the following documents in the following order:

1. Transmittal Letter;

2. Certifications and Assurances (EXHIBIT A);

3. Bidder Profile (EXHIBIT B), Bidders must include answers to the questions for all

Subcontractors.

4. Bid Form (EXHIBIT D)

5. Rate Proposal Form (EXHIBIT E);

6. Certification of Bid (EXHIBIT F);

7. Issues List (EXHIBIT H);

4.3.1 Transmittal Letter

The Transmittal Letter must:

1. Be addressed to the DOC RFP Coordinator identified in Section 3.1.

2. Be submitted on the Bidder’s official business letterhead stationery.

3. Be signed and dated by a corporate officer, principal, manager, partner or other individual representative of the Bidder with the authorization to legally bind the

Washington State RFP K13803 Page 10 of 21

Bidder.

4. Contain the following items in the following order:

a. An itemization of all materials and enclosures provided within the Bidder’s Bid.

b. Identification of all page numbers and Sections of the Bidder’s Bid that are marked as containing Confidential or Proprietary Data, with a statement of the basis for each claim of exemption or the particular exception from disclosure upon which the Bidder is making the claim.

4.3.2 Certifications and Assurances Form

The Certifications and Assurances form (EXHIBIT A) must be completed, signed, and submitted with the Bid.

4.3.3 Bidder Profile Form

The intent of the Bidder Profile Form (EXHIBIT B) is to collect information that will assist

DOC in understanding the Bidder’s and any Subcontractor’s business.

4.3.4 Bid Instructions

The intent of the Bid Instructions (EXHIBIT C) is to provide guidance on completing the Bid

Form and submitting the Bid.

4.3.5 Bid Form

Bidder must submit their lump sum / fixed fee bid on the Bid Form (EXHIBIT D).

4.3.6 Rate Proposal

Bidder must submit pricing by completing the Rate Proposal Form (EXHIBIT E). DOC will not review or consider any Bidder cost or pricing information in any other portion of the Bid.

4.3.7 Certification of Bid

The Certification of Bid (EXHIBIT F) must be completed, signed, and submitted with the

Bid.

4.3.8 Issues List

The Bidder must complete and include an Issues List as described in this section using

EXHIBIT H. If Bidder has no concerns, exceptions, or objections to any of the terms or conditions contained in the Contract documents provided in this RFP the Bidder must state so on the form.

Issues, concerns, exceptions, or objections to any of the terms or conditions contained in the

Washington State RFP K13803 Page 11 of 21 specifications or sample contract documents. The Issues List response must set out by section or paragraph a description of each issue, concern, exception, and/or objection. EXHIBIT H, Issues List, sets forth the Issues List template to be used for the response. An Issues List must be provided for the Contract Model and the General Terms and Conditions. Bidders will need to submit the Issues List on behalf of their Subcontractors.

In completing the Issues List, Bidder must describe, in business terms and not in proposed

Contract or legal language, the issue, concern, exception or objection it has and then propose a compromise that is reasonable in light of the commitment being sought by DOC. The Issues

List must provide the reason or rationale supporting the issue, concern, exception, or objection. Simply stating that a paragraph is "not acceptable" or supplying proposed

Contract terms without describing (in business language) the reason or rationale will be considered non-responsive. If the Issues List fails to identify a particular term or condition, the term or condition will be deemed accepted, and DOC will not negotiate further changes to such paragraphs or sections. The Issues List provided to DOC must be attached to Bidder’s

Bid in an unrestricted, editable Microsoft Word format.

DOC reserves the right to discuss the Issues List with the Bidders and applicable

Subcontractors and require Bidders to clarify and supplement the Issues List at any time during the evaluation process. Any changes to the Issues List will require Bidder to clarify, revise, and resubmit the Issues List.

4.3.8.1 Contract Model and General Terms & Conditions

The Lowest Responsive and Responsible Bidder will be expected to enter into a Contract containing Terms and Conditions that are substantially the same as those found in the

Contract Model attached as EXHIBIT G and the General Terms and Conditions attached as EXHIBIT G(1). In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation. The Bidder may use the Issues List to submit exceptions to the contract documents. DOC will review requested exceptions and accept or reject the same at its sole discretion. Such exceptions will be reviewed and negotiated after selection of the Lowest Responsive and Responsible Bidder (LRRB). If the Bidder and

DOC are unable to reach agreement on the terms of the Contract within ten (10) business days after the Contract is presented to the LRRB for signature, Bidder may be disqualified from the award under this RFP.

4.3.8.2 Redlined Bids

Redlined Documents Will Not Be Reviewed: The Issues List is the mechanism to

Washington State RFP K13803 Page 12 of 21 communicate issues and concerns on the Contract documents. Do not provide in the Bid, the Issues List, or otherwise, a redlined contract, paragraph or clauses. Redlined text will only require DOC to make potentially inaccurate assumptions about what Bidder's specific issues or concerns might be. Redlined text will not be reviewed by DOC.

4.3.8.3 Bidder’s Standard Contract or Proposed Language

Standard Bidder Contracts Will Not Be Reviewed: Do not provide a copy of Bidder's standard contract or proposed language to DOC in the Bid.

4.3.8.4 No Substantial Changes to Material Terms

Bidders are reminded that this is a competitive solicitation for a public contract and that

DOC cannot accept a Bid or enter into a Contract that substantially changes the material terms and specifications published in this RFP.

4.3.8.5 Use of the Issues List

The Issues List frames discussions between DOC and Bidders regarding the terms and conditions contained in the Contract documents.

The Issues List will be used initially to determine the responsiveness of the Bid. Bids that are contingent upon DOC making substantial changes to material terms and specifications published in the RFQ will be determined to be non-responsive. DOC will consider the number and nature of the items on the Bidders Issue List in determining the likelihood of completing a Contract with the Bidder. Unresolved issues regarding the material business terms of the Contract and Project documents may affect DOC’s selection of Bidders to advance to the next stage of the procurement.

4.4 VENDOR’S QUESTIONS AND DOC’S RESPONSES

Vendors may submit written questions and requests for clarification pertaining to this RFP to the

RFP coordinator identified in Section 3.1.

Vendor's questions must be in writing and sent by email. Questions received after the deadline date stated in the Schedule of Procurement Activities (Section 4.2) will not be answered. DOC will attempt to answer all questions received provided that they are received by DOC before the deadline.

The basic content of all vendor’s questions and DOC's responses to the questions, will be published on the Washington Electronic Business Solutions (WEBS) web site at: https://pr-webs-

Washington State RFP K13803 Page 13 of 21 vendor.des.wa.gov/home.html and sent via email to each vendor. Authors of questions will not be identified in this published document.

DOC's response as set forth in the published vendor's questions shall take precedence over the RFP if a conflict exists between the two documents.

The only official responses of DOC with regard to vendor's questions will be those stated in writing from the RFP Coordinator.

4.5 PROTEST PROCEDURE

All Bidder protests regarding any contents or portion of this Bid Package must be submitted to DOC as soon as possible after the Bidder becomes aware of the reason(s) for the protest. All protests must be in writing and signed by the Bidder or an authorized agent. Such writing must state all facts and arguments on which the Bidder is relying as the basis for its action. Such Bidder shall also attach, or supply on demand by DOC, any relevant exhibits referenced in the writing.

Copies of all protests and exhibits shall be emailed by the Bidder/protestant to the Bidder against whom the protest is made (if any) at the same time such protest and exhibits are submitted to DOC.

All protests shall be sent to docRFPresponse@doc.wa.gov.

5. EXAMINATION OF PLANS, SPECIFICATIONS, AND VESSEL INSPECTION

Bidders shall carefully examine the RFP materials. Submittal of a bid shall be conclusive evidence that the Bidder has made its examination and understands all requirements for the performance of the Contract Work. The Bidder further warrants, agrees and acknowledges by submitting a bid that Bidder:

A. Has taken steps reasonably necessary to ascertain the nature and scope of the Contract Work;

and understands that failure to do so will not be justification for a Change Order, protest, or claim against DOC;

B. Has investigated and satisfied itself as to the general and local conditions which can affect the Contract Work or its cost, including but not limited to:

i. Vessel inspection to satisfy itself that the Contract Work can be performed (See Exhibit I, Scope of Work and Specifications, for inspection (e.g. ship check) availability);

ii. The conditions bearing upon acquisition, transportation, disposal, handling, and storage of materials;

iii. The availability of labor, materials, water, electric power, access roads and parking;

iv. Uncertainties of weather, tides, wind, or similar physical conditions at the work site;

and

v. The character of equipment and facilities needed preliminary to and during performance of the Contract Work.

C. Has satisfied itself as to the adequacy of time allowed for the completion of the Contract Work;

Washington State RFP K13803 Page 14 of 21

D. Has not discovered any patent ambiguities, other than those identified in writing to DOC, that would be discovered by a prudent contractor in preparing its bid; and

E. Has read, fully understands and intends to sign the Contract, without modification.

Any failure of the Bidder to take the actions acknowledged above shall not relieve the Bidder from responsibility of estimating properly the difficulty and cost of successfully performing the Contract Work, or from proceeding to successfully perform the Contract Work without additional expense to

DOC.

The Bidder agrees that DOC shall not be liable to it on any claim for additional payment or additional time or any claim whatsoever if the claim directly or indirectly results from the Bidder's failure to investigate and familiarize itself sufficiently with the conditions under which the Contract is to be performed.

The Bidder shall be familiar and comply with all Federal, State, and local laws, ordinances, and regulations which might affect those engaged in the Contract Work. DOC will not consider any plea of misunderstanding or ignorance of such requirements.

Bid prices shall reflect what the Bidder anticipates to be the cost of completing the work, including methods, materials, labor, and equipment. Except as the Contract may provide, the Bidder shall receive no payment for any costs that exceed those in the bid prices.

Prospective Bidders are advised that projects with work on or adjacent to water, the Contractor shall make the determination as to whether works over the water may be covered by:

A. The Longshoremen's and Harbor Worker's Compensation Act (administered by U.S.

Department of Labor); and/or

B. The State Industrial Insurance (administrated by the Washington State Department of Labor and Industries).

The Contractor shall bear all cost for such insurance.

No Claim shall be allowed because of any ambiguity in the Contract if:

A. The Bidder discovers an ambiguity but fails to notify DOC; or

B. The Bidder failed to discover a patent ambiguity that would be discovered by a reasonably prudent contractor in preparing its bid.

For an explanation or interpretation of the bid documents, please refer to the RFP instructions.

6. EVALUATION OF BIDS

ALL ADMINISTRATIVE REQUIREMENTS MUST BE MET IN ORDER TO BE EVALUATED.

After bids that are submitted in response to a competitive solicitation process are reviewed by the awarding agency, the awarding agency may:

i. Reject all bids and rebid or cancel the competitive solicitation;

Washington State RFP K13803 Page 15 of 21

ii. Request best and final offers from responsive and responsible Bidders; or

iii. Award the purchase or contract to the lowest responsive and responsible Bidder.

6.1 EVALUATION PROCEDURE

Responsive Bids will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of Bids shall be accomplished by an evaluation team, to be designated by DOC, which will determine the best Bid for DOC.

DOC will evaluate Bids in a structured, three stage approach. For each stage, the assigned evaluation team will select which Bidder(s) may proceed to the next stage based on the evaluation approach.

Stage 1: Administrative Screening

Bids will be reviewed by the RFP Coordinator to determine, on a pass/fail basis, whether the Bid complies with the terms of this RFP. The evaluation team will only evaluate Bids that comply with the terms of this RFP.

Stage 2: Bid Evaluation

The DOC Evaluation Team will evaluate the submitted materials. The DOC Evaluation Team will take into consideration the overall evaluation, the Bidder Profile, and the Issues List. The RFP

Coordinator will identify one Bidder as the Lowest Responsive and Responsible Bidder (LRRB) to participate in Stage 3 based on the overall assessment of the Bidders.

Stage 3: Contract Negotiations & Selection of the Apparent Successful Bidder

In this stage DOC will undertake contract negotiations with the LRRB. Upon successful contract negotiation DOC will announce the Apparent Successful Bidder who will be asked to sign the contract documents.

7. RESPONSIBILITY CRITERIA

A. In determining whether the Bidder is a responsible Bidder, the agency must consider the following elements:

i. The ability, capacity, and skill of the Bidder to perform the contract or provide the service required;

ii. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;

iii. Whether the Bidder can perform the contract within the time specified;

iv. The quality of performance of previous contracts or services;

Washington State RFP K13803 Page 16 of 21

v. The previous and existing compliance by the Bidder with laws relating to the contract or services.

B. Before award Bidder must meet the following responsibility criteria to be considered a responsible bidder and qualified to be awarded a public works project. The Bidder must:

i. At the time of bid submittal, have a certificate of registration in compliance with chapter 18.27 RCW;

ii. Have a current state unified business identifier number;

iii. If applicable, have industrial insurance coverage for the bidder's employees working in Washington as required in Title 51 RCW; an employment security department number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW;

iv. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3);

v. If bidding on a public works project subject to the apprenticeship utilization requirements in RCW 39.04.320, not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the date of the bid solicitation;

vi. Have received training on the requirements related to public works and prevailing wage under this chapter and chapter 39.12 RCW. The bidder must designate a person or persons to be trained on these requirements. The training must be provided by the department of labor and industries or by a training provider whose curriculum is approved by the department. The department, in consultation with the prevailing wage advisory committee, must determine the length of the training. Bidders that have completed three or more public works projects and have had a valid business license in Washington for three or more years are exempt from this subsection. The department of labor and industries must keep records of entities that have satisfied the training requirement or are exempt and make the records available on its website. Responsible parties may rely on the records made available by the department regarding satisfaction of the training requirement or exemption; and

vii. Within the three-year period immediately preceding the date of the bid solicitation, not have been determined by a final and binding citation and notice of assessment issued by the 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.

C. After opening bids, DOC may decide that a prequalified bidder is not responsible and may refuse to accept the bid on that basis. Such a refusal will be conclusive unless the bidder appeals within five days to the Superior Court of Thurston County. Any appeal shall be heard within ten days after it is filed and shall provide at least five days' notice to DOC.

http://app.leg.wa.gov/RCW/default.aspx?cite=18.27 http://app.leg.wa.gov/RCW/default.aspx?cite=51 http://app.leg.wa.gov/RCW/default.aspx?cite=50 http://app.leg.wa.gov/RCW/default.aspx?cite=82 http://app.leg.wa.gov/RCW/default.aspx?cite=39.06.010 http://app.leg.wa.gov/RCW/default.aspx?cite=39.12.065 http://app.leg.wa.gov/RCW/default.aspx?cite=39.04.320 http://app.leg.wa.gov/RCW/default.aspx?cite=49.04 http://app.leg.wa.gov/RCW/default.aspx?cite=39.12 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

Washington State RFP K13803 Page 17 of 21

8. PRE-AWARD INFORMATION

Before awarding the Contract, DOC may require one or more of these items or actions of the apparent successful Bidder:

A. A complete statement of the origin, composition, and manufacture of any or all materials to be used;

B. Samples of these materials for quality and fitness tests;

C. A breakdown of costs assigned to any bid item;

D. Attendance at a conference with DOC or its representatives;

E. A progress schedule showing the order of and time required for various phases of Contract

Work; and/or

F. Any other item or action deemed appropriate by DOC to complete the bid evaluation.

9. AWARD

Any Contract resulting from this RFP will be awarded to the Lowest Responsive and Responsible

Bidder whose Bid, in the sole opinion of DOC, offers the greatest benefit to DOC. The decision will be based on consideration of the total best value, including, but not limited to, the responsiveness of the

Bid to the requirements as set forth in the RFP, the competence and responsibility of the Bidder, quality of service, breadth and depth of offering, the strength and form of contractual commitments made by

Bidder to DOC and total cost. In making an award DOC may consider:

1. The relative ability, capacity, and skill of the Bidder to perform the Contract and provide the service required, including: (a) vendor financial capacity and stability; and (b) quality of professional personnel.

2. Whether the Bidder can complete the Project within the time specified.

3. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder.

4. The quality of performance of previous contracts or services including previous and existing compliance by the Bidder with laws relating to the Contract or services, and vendor expertise with engagements of similar scope and complexity.

5. The extent to which the Bid satisfies the needs of DOC as specified in the RFP documents, including: (a) the relative quality of the product or service proposed by the Bidder; (b) quality and

Washington State RFP K13803 Page 18 of 21 effectiveness of the proposed business solution and approach; and (c) innovative use of current technologies.

6. The cost of the Bid to the state, including: (a) projected internal cost to DOC for the Project; and

(c) the extent to which the Bid provides competitive pricing, economies, and efficiencies.

7. The strength and form of contractual commitments made by Bidder to DOC and the willingness to conform to the contractual terms as proposed in the RFP.

8. Whether the Bid encourages diverse contractor participation.

9. Whether the Bid considers human health and environmental impacts.

DOC reserves the right to award the Contract to the Bidder whose Bid is deemed to be in the best interest of DOC and the State of Washington. Hence, DOC may choose to not award to the lowest-cost

Bid.

DOC will notify the Apparent Successful Bidder of its selection in writing and will also announce the

Apparent Successful Bidder on Washington’s Electronic Business Solution (WEBS), https://pr-webs-vendor.des.wa.gov/. Bidders whose Bids were not selected for award will be notified separately by email from the RFP Coordinator.

This RFP and the award of any resulting Contract will be made in conformance with applicable DOC policies and Washington State law. Bids made by Bidders are offers to Contract and will not be binding upon DOC until accepted by execution of the Contract.

9.1 DOC NEGOTIATION PROCEDURES

The Lowest Responsive and Responsible Bidder invited will participate in Contract negotiations to agree on the language for final Contract terms and to determine if the Bid may be improved in terms of best value to DOC. During negotiations, DOC and the Lowest Responsive and Responsible

Bidder may discuss alterations to the Bid or the RFP requirements, provided they do not substantially change the scope of work and material terms in the RFP or substantially increase the cost to DOC above that contained in the original bid.

9.1.1 Final Written Offer

At the conclusion of negotiations, DOC will request that the Bidder sign a Contract as a final written offer with a provision that such offer is irrevocable and cannot be withdrawn for a period of 150 days, (or such longer period as DOC and Bidder may agree). The Contract https://pr-webs-vendor.des.wa.gov/ https://pr-webs-vendor.des.wa.gov/

Washington State RFP K13803 Page 19 of 21 signed by the Bidder can only be countersigned, and thus become a binding agreement between Bidder (and any applicable Third Party Solution Provider) and DOC, subject to the results of the protest period and after the Contract is approved by appropriate authorities in the state.

9.2 APPARENT SUCCESSFUL BIDDER (ASB)

Upon successful completion of Contract negotiations and DOC’s receipt of a final Contract offer from a Lowest Responsive and Responsible Bidder which appears acceptable, DOC will announce that Bidder as the ASB. DOC will notify the ASB of selection in writing. Announcement of the ASB will be promptly posted to WEBS. WEBS posting will be official notification to all Bidders of the

ASB. Bidders not selected for further negotiation or award will be notified separately by the RFP

Coordinator via email.

The ASB must complete registration with the Department of Revenue within thirty (30) calendar days of being identified as the ASB and be responsible for collection and payment of all taxes due on payments made under the Contract resulting from this RFP.

DOC may, at its sole discretion, announce the ASB prior to receipt of the final Contract offer from the Lowest Responsive and Responsible Bidder.

9.3 EXECUTION OF CONTRACT AND COMMITMENT OF FUNDS

Following announcement of the Apparent Successful Bidder, DOC anticipates it will execute a

Contract (including all contract schedules and exhibits). The DOC Secretary or designee is the only governmental authority who may legally commit DOC to the expenditure of funds for a Contract resulting from this RFP. No costs chargeable to the proposed Contract may be incurred or encumbered by DOC before receipt of a fully executed Contract approved and signed by the DOC

Secretary or her designee. DOC may not sign a Contract before the Protest process is completed except when the Director of DES grants DOC the authority to do so due to exigent circumstances.

9.4 CONTRACT SECURITY

As required by Revised Code of Washington ("RCW") 39.08, a bond and/or alternate form(s) of Contract Security shall be provided by the Contractor in an amount adequate to protect one hundred percent (100%) of DOC's exposure to loss associated with the Contract.

All proposed alternate form(s) of Contract Security must be delivered to the DOC Contracts

Coordinator for approval no later than five (5) working days before the Bid Due Date. If DOC and the Contractor cannot agree as to the form of Contract Security prior to the Bid Due Date, DOC reserves the right to reject the proposed security.

Washington State RFP K13803 Page 20 of 21

If the successful Bidder provides an executed Contract Bond (or Performance Bond plus Payment Bond) form of Contract Security, the Bond(s) shall:

A. Be signed by an approved surety (or sureties) that:

1. Is registered with the Washington State Insurance Commissioner; and

2. Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner;

B. Be conditioned upon the faithful performance of the Contract by the Contractor within the prescribed time; and

C. Guarantee that the surety shall indemnify, defend, and protect DOC against any claim of direct or indirect loss resulting from the failure:

1. Of the Contractor (or any of the employees, subcontractors, or lower tier subcontractors of the Contractor) to faithfully perform the Contract; or

2. Of the Contractor (or the subcontractors or lower tier subcontractors of the Contractor) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work.

DOC may require sureties or surety companies on the Contract Bond to appear and qualify themselves. Whenever DOC deems the surety or sureties to be inadequate, it may, upon written demand, require the Contractor to furnish additional surety to cover any remaining work. Until the added surety is furnished, payments on the Contract will stop.

9.5 WAIVE MINOR ADMINISTRATIVE IRREGULARITIES

DOC reserves the right to waive minor administrative irregularities contained in any Bid.

Additionally, DOC reserves the right, at its sole option, to make corrections to Bidders’ Bids when an obvious error or typo has been made in the Bid. Absent a request for best and final offer’s, Bidders will not be allowed to make changes to their Bid after the Bid submission deadline.

DOC may waive minor irregularities in a Bid provided that, in the judgment of DOC, such action will not negate fair competition and will permit proper comparative evaluation of Bids submitted.

DOC’s waiver of an irregularity will in no way modify the RFP documents or excuse the Bidder from full compliance with other RFP requirements.

9.6 ERRORS IN BID

Bidders are liable for all errors or omissions contained in their Bids. Bidders will not be allowed to

Washington State RFP K13803 Page 21 of 21 alter Bid documents after the deadline for Bid submission. DOC is not liable for any errors in Bids.

DOC reserves the right to contact Bidder for clarification of Bid contents. In those cases where it is unclear to what extent a requirement or rate has been addressed, an evaluator may, at their discretion and acting through the RFP coordinator, contact a Bidder to clarify specific points in the submitted Bid. However, under no circumstances will the responding Bidder be allowed to make changes to the proposed items after the deadline stated for receipt of Bids.

9.7 NOTIFICATION TO BIDDERS

Bidders whose Bids have not been selected for further negotiation or award will be notified by e-mail.