RFQ 2502 SPPR Area RAE Rapid Deployment Kits.docx

State of Washington, Department of Ecology RFQ 2502 SPPR, AreaRae Rapid Deployment Kit

REQUEST FOR QUOTE (RFQ)

by 5:00 P.M. (Lacey, WA)

Procurement Coordinator: Megan Hillyard Phone: (425) 559-5463 E-Mail: megan.hillyard@ecy.wa.gov

Instructions For Bidders:

· Any questions concerning this solicitation are to be directed to the Procurement Coordinator.

· Bids must be received on or before the Bid Due Date and Time by Ecology to be considered responsive.

· Check WEBS for any amendments.

How To Respond On This Bidding Opportunity:

· Only emailed bids are accepted in response to this RFQ. Attach bid submittals to your email.

· Submit responses directly to the Procurement Coordinator identified above.

· Bid must contain a signature of a duly authorized officer or agent of the Bidder’s company empowered with the right to bind the Bidder.

· For electronic submissions by email, attach a scanned PDF of the signature pages to your submittal, electronic digital signatures are acceptable.

· Identify the Solicitation Number and Solicitation Title in the email subject line.

· Bidder is responsible for timely delivery of their bid to an address shown below:

· Email bid to megan.hillyard@ecy.wa.gov

ANNOUNCEMENT AND SPECIAL INFORMATION:

Bidders are required to read, understand, and accept all information contained within this entire solicitation package. By responding to this RFQ the bidder agrees to read, understand, and accept this document and those terms and conditions identified in this RFQ, and the Standard Purchase Order Terms and Conditions attached below to this RFQ:

If awarded, the issuance of a purchase order reflects acceptance of your quotation. Purchase Orders are transmitted in electronic form with no wet signature; this will be acceptable to and accepted by the awarded vendor. All requests for payment must reference the Purchase Order number.

In support of the State’s economic and environmental goals, we encourage you to consider the following elements in responding to our solicitations. These are not a factor of award (unless otherwise specified in this document):

· Using environmentally preferable products and products that exceed EPA guidelines.

· Supporting a diverse supplier pool, including small, veteran, minority, and women-owned businesses.

· Featuring products made or grown in Washington.

SCOPE:

The purpose of this RFQ is to purchase two (2) multi-unit, multi-parameter remote air monitoring systems for the Department of Ecology, Spill Prevention, Preparedness, and Response Program (P00) in accordance with RCW 39.26.

BACKGROUND:

The Spill Prevention, Preparedness, and Response program is working to enhance coordinated community air monitoring for hazardous materials during emergency incidents. Specifically, Ecology is expanding existing inventory of meters that can remotely detect multiple hazards including volatile organic compounds, combustibles, toxic chemicals, and oxygen. The equipment provided will need to meet the specifications identified herein.

DELIVERY TIME:

Delivery time is of essence and may be a factor in making an award:

· The units must be delivered to the below address.

· Bidder is to identify the delivery lead-time (ARO) with quote.

· The state’s fiscal/biennial appropriation period expires on June 30, 2025. All goods and services included in this solicitation must be received at the destination on or before that date. Therefore, any Bid submitted with a delivery time that would extend beyond June 30, 2025 will be rejected.

PURCHASER SHIP TO LOCATION:

Washington State Department of Ecology, Spill Prevention, Preparedness, and Response Program 300 Desmond Drive SE Lacey, WA 98503

SPECIAL TERMS AND CONDITIONS:

a. Bidder Questions: Bidders are responsible for communicating to the Procurement Coordinator any issues, exceptions, additions, or omissions five (5) business days before the bid due date and time. Specific questions must be submitted via e-mail. The answer to any question given orally or via email is considered tentative, unofficial, and non-binding on Ecology. If any changes result, written amendments will be made and provided to Vendors by posting them on WEBS.

b. Bid Pricing: With the exception of sales tax, all pricing, including but not limited to shipping, MUST be rolled into the Unit Price of the items identified herein. No other separate pricing will be allowed or honored. Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this solicitation document. Unless otherwise stipulated all bids shall be in the format requested. In the event of an error in the extension of prices, the unit price shall prevail. Prices shall include all associated costs (e.g., customs duties and brokerage or import fees, etc.). Bid prices shall be in U.S. dollars. Bidder is not to modify the Bid Price Sheet. Failure to identify all costs in a manner consistent with the instructions in this Solicitation is sufficient grounds for disqualification. The bid price will remain firm and fixed for 60 days from the due date of this solicitation and may be accepted at any time within this time period.

c. Freight Cost: All quoted pricing is to be FOB Destination, freight prepaid and included, to the destination specified herein. Each bid line item is to include freight cost; there is no separate freight line.

d. Request for Samples: The Purchaser reserves the right to ask for samples, competitive demonstrations, and/or descriptive literature at Bidder’s expense. Samples or literature may be requested at any time after bid opening and prior to bid award. Failure to provide requested samples or literature within fifteen (15) calendar days after request, unless an extension is granted, will result in bid rejection.

e. Dealer Authorization: The Bidder, if other than the manufacturer, shall provide upon request a current, dated, and signed authorization from the manufacturer that the Bidder is an authorized distributor, dealer, or service representative and is authorized to sell the manufacturer’s products. Failure to provide manufacturer’s authorization upon request may result in Bid rejection.

f. Warranty: Bidder is to send a copy of the warranty with items delivered. Warranty shall be for full parts and labor, and the warranty period shall be for a minimum period of one (1) year after receipt of materials or equipment by the Purchaser. In the event of conflict between contract terms and conditions and the warranty submitted, to afford the state maximum benefits, the contract terms and conditions shall prevail.

g. Warranty Repair: Bidder is to identify the manufacturer warranty repair facility. Contractor shall be liable for all costs associated with warranty repair(s), including, but not limited to, materials, parts, labor, and shipping due to the failure of the equipment during the warranty period.

h. Materials and Workmanship: Contractor shall be required to furnish all materials, equipment and/or services necessary to perform contractual requirements. All materials or equipment provided shall be new, unused, of the latest model or design and of recent manufacture. Materials and workmanship in the construction of equipment for this contract shall conform to all codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for which intended. Materials shall be manufactured in accordance with the best commercial practices and standards for this type of equipment.

i. Specifications: Bidder is to complete the specification sheet and return it with their bid, failure to complete it may be cause to find your bid non-responsive. By submission of a bid, the Bidder certifies that all goods and services delivered against this contract will comply with the specifications identified herein, unless otherwise approved by Ecology. Any noted specification exceptions may be considered non-responsive at the sole discretion of Ecology.

j. Standard of Quality: Bidder is to identify if bidding the standard of quality or not. Bidder offering a product other than the manufacturer/brand and part number identified herein as the standard of quality shall submit descriptive literature with their bid. Descriptive literature shall clearly describe how the product bid is equal in quality, function, and performance to the product specified/described herein. Ecology at its sole discretion will evaluate any product marked equal by the bidder and it must be approved by Ecology. Bids without sufficient documentation to support equality, may be considered non-responsive. The state reserves the right to request additional information for bid evaluation purposes. Failure to provide descriptive literature within seven (7) calendar days after requested, unless an extension is granted, will result in bid rejection. Ecology may accept or not accept exceptions to the standard of quality at Ecology’s sole discretion.

k. Exceptions: Bidder is to identify any exceptions and any proposed alternatives said to meet or exceed minimum specification requirements and include supporting documentation with their bid. Ecology will review any exceptions and supporting documentation in determining whether or not the proposed alternative will be acceptable. The decision as to whether or not the proposed alternative will be acceptable is at the sole discretion of Ecology. Any bid not acceptable to Ecology will be deemed non-responsive thus ineligible for award.

l. Changes: Any modifications or contingencies submitted by the Bidder may not be accepted at the sole discretion of Ecology. Under no circumstances is a Bidder to submit their own standard contract terms and conditions as a Response to this solicitation. The terms and conditions of any other contract shall have no force or effect. Any additions, changes, or corrections to this solicitation will only be by a written amendment, dated, attached to, or incorporated in and made a part of this solicitation document.

m. Amendments: Will be posted on WEBS, WEBS (wa.gov), Department of Enterprise Services’ website for vendors. All changes must be authorized and issued in writing by the Procurement Coordinator.

n. Clarification of Bid: Ecology may contact individual Bidders for the purpose of clarifying whether both parties have a full and complete understanding of the nature of the contractual requirements. In no manner shall such action be construed as negotiations or an indication of Ecology’s award intentions.

o. Minimum Requirements: Ecology reserves the right to determine at its sole discretion whether a Bidder’s response to a RFQ requirement is sufficient to pass. However, if all Bidders fail to meet any single RFQ requirement, Ecology may reject all bids and cancel the RFQ or waive the particular requirement from the RFQ’s requirements for responsiveness.

p. PCBs Avoidance: Polychlorinated biphenyls, commonly known as PCBs, have adverse effects on human health and the environment. Accordingly, the State of Washington (RCW 39.26.280) through its procurements of goods is trying to minimize the purchase of products with PCBs and to encourage vendors to sell products and product packaging without use of PCBs.

q. Training: Bidder shall provide initial on-site training at Purchaser’s location. A fee may/may not be charged for training. Training courses off-site cannot be substituted for this on-site training requirement. This is due to restrictions on out-of-state travel for State of Washington employees. The starting dates of the training will be as agreed by the parties, but in no case later three months after delivery of the goods. The training fee, whether separately stated under the pricing sections of this Contract or included in the cost of the Equipment, shall cover all costs of training. Purchaser shall not be responsible for any additional Contractor costs for training required pursuant to this section.

r. Indefinite Delivery – Indefinite Quantity Purchases: There is no guarantee to the contractor of any orders under the awarded RFQ. However, for one year (365 days) from the original contract (Purchase Order) award date; the contract will allow the placement of future purchase orders on an as needed basis (also referred to indefinite delivery – indefinite quantity orders) under the same pricing and terms and conditions as those established for the initial purchase quantity throughout the term of the contract. Contractor is to indicate agreement on the Price Sheet.

SUBMITTALS:

Bidder is to return the Specification Sheets, Bid Price Sheet, Bidder Information and Signature page, Certifications, and any descriptive literature as required.

COMPLAINT AND PROTEST REQUIREMENTS:

For Complaints and Protests concerning this solicitation, review Appendix A, Complaint and Protest Procedures regarding the grounds for, filing, and resolution of complaints and protests.

AMERICANS WITH DISABILITIES ACT (ADA):

ECOLOGY complies with the ADA and related federal and state laws and regulations. To request ADA reasonable accommodations for public access and mobility for attending meetings, printed materials in a format for the hearing or visually impaired, or ADA parking please contact the Procurement Coordinator. Persons with impaired hearing may call Washington Relay Service at 711 and those with speech disability may call TTY at 877-833-6341. Vendors may contact the Procurement Coordinator to receive this solicitation in Braille or on tape.

WAGE LAWS AND WORKERS’ RIGHTS CERTIFICATIONS:

Pursuant to legislative enactment, Contractor shall certify it has not willfully violated Washington’s wage laws, Title 49 RCW. Refer to RCW 39.26.160 (2) (f) for requirements.

Bidder is to submit the completed certification for Wage Laws Certification form with their Bid.

Pursuant to the Washington State Governor’s Executive Order 18-03, the Washington State Department of Ecology is seeking to purchase from qualified entities and business owners who certify that their employees are not, as a condition of employment, subject to mandatory individual arbitration clauses and class or collective action waivers.

Bidder is to submit the completed certification for Workers’ Rights Certification form with their Bid.

PROCUREMENT EVALUATION 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. Ecology will evaluate bids for best value and provide a bid discount preference of five (5%) percent to any bidder who certifies, by returning with their bid, Workers’ Rights 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 waiver. A five (5%) percent discount of the bid evaluation cost for a Bidder who qualifies for the preference will be used, (e.g., Bidder A bid $100 and Bidder B bid $98, but only Bidder A qualifies for the preference, thus Bidder A evaluation price is discounted to $95.) The discounted amount is only for evaluation purposes and does not affect the bidder’s bid price.

PCBs PREFERENCE FOR BID EVALUATION:

Pursuant to RCW 39.26.280, ECOLOGY is applying a preference of five (5%) percent to any bidder who provides evidence as set forth herein (PCBs Preference Certification Form), that the product(s) (including product packaging) do not contain PCBs. The method for testing products or packaging for PCBs must be per U.S. Environmental Protection Agency (EPA) Analytical Method 1668c. A five (5%) percent discount of the bid evaluation cost for a Bidder who applies for the preference will be used, (e.g., Bidder A bid $100 and Bidder B bid $98, but only Bidder A applied for the preference, thus Bidder A evaluation price is discounted to $95.) The discounted amount is only for evaluation purposes and does not affect the bidder’s bid price.

AWARD:

Award will be made based on the lowest responsive and responsible bidder in accordance with RCW 39.26. Ecology reserves the right to award on an All or Nothing consolidated basis taking into consideration reduction in administrative costs as well as unit bid prices. Any preferences will apply cumulatively (e.g., 5% plus 5% equals 10% preference).

Ecology reserves the right to make an award without further discussion of the quote submitted, i.e., there will be no best and final offer request. Therefore, the Quote should be submitted on the most favorable terms that Bidder intends to offer.

MINIMUM SPECIFICATIONS:

Bidder is to complete below form and return with the quote:

SOQ

or Approved Equal Describe Fully If Not As Specified below or attached information

Standard of Quality (SOQ): or approved equal Mfg.: RAE Systems by Honeywell Web page: https://www.allsafeindustries.com/10209-AreaRAE-Pro-Rapid-Deployment-Kit.aspx (Check a box)

☐SOQ

☐EQUAL

Performance Requirements

SOQ

or Approved Equal Describe Fully If Not As Specified below or attached information

Standard of Quality (SOQ): or approved equal Mfg.: All Safe Industries Web page: https://www.allsafeindustries.com/host-controller-laptop-kit-for-rae-systems-arearae-rdk.aspx (Check a box)

☐SOQ

☐EQUAL

Performance Requirements

State of Washington, Department of Ecology RFQ 2502 SPPR, AreaRAE Rapid Deployment Kit

Version Date 1/12/2024

Version 1/12/2024

BID PRICE SHEET:

Bidder is to complete and return (Bidder is to bid all items and include all shipping and freight cost per line item to be responsive). Quantities are for cost evaluation purposes only and may not reflect actual quantities purchased under this RFQ.

Bidder Name:

Refer to Minimum Specifications.

Identify Product Bid:

Mfg.:

Part/Model:

Refer to Minimum Specifications.

Identify Product Bid:

Mfg.:

Part/Model:

Subtotal *Unit bid pricing includes all freight cost; palletizing, packaging, shipping charges, etc.)

Prompt Payment Discount:

(Identify if Prompt Payment Discount is available. Offers for 30 days or greater will be included in price evaluation)

_____Days

Total Bid Cost (Minus prompt payment discount)

Price Commitment: YES ____, NO____; Bidder agrees to a one-year Indefinite Delivery-Indefinite Quantity price commitment as described in RFQ section 6r. (check or circle your response.)

TECHNICAL SUPPORT SERVICE:

Company Name: ________________________________________ Address: _______________________________________________ City: ________________________ State: _________ Zip: ________________ Contact Person: _________________________________________________ Phone: _______________ E-mail: __________________________________

WARRANTY REPAIR FACILITY:

Company Name: ________________________________________ Address: _______________________________________________ City: ________________________ State: ____________________ Zip: ________________ Contact Person: _________________________________ Phone: ____________________ E-mail: _________________________________________

BIDDER INFORMATION AND OFFER SIGNATURE:

Bidder has read and agreed to all terms and conditions identified herein. Bidder offers to furnish materials, equipment, or services in compliance with all terms, conditions, and specifications herein, including all amendments.

By submitting this document constitutes complete understanding and compliance with the terms and conditions and certifies that all-necessary facilities and personnel are available and established at the time of bid submittal.

This offer is executed by the person signing below, who warrant they have authority to execute the offer.

DO NOT FORGET A SIGNATURE

(Company Name)

(Signature) (Date)

(Address)

(Typed Name)

(City) (State) (Zip)

(Title)

(Federal Tax Identification Number) (Do not provide SSN)

(Phone Number)

WA State UBI no. (if available)

(Email)

Ecology Authorized Signature Agency Name: Department of Ecology Program: Spill Prevention, Preparedness, and Response Program (SPPR)

Signature: Date:

Name:

MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) PARTICIPATION

Bidder is encouraged to identify any MWBE participation under this Bid. For this solicitation, MWBE participation is defined as either or both *Certified MBEs and WBEs.

Bidder is to complete below form identifying any MWBE participation under this Bid. If there is no MWBE participation anticipated, then indicated such below. Enter firm names in the MBE and WBE Firm Name columns and the participation percentage. The anticipated percentage is the percentage of cost the MBE or WBE firm would cover.

Potential MWBEs are encouraged to contact the Washington State Office of Minority and Women’s Business Enterprises concerning certification and participation. For questions regarding the above, contact the state OMWBE toll free at 866-208-1064.

After bid award, this form will be used to identify MWBE participation.

|_| No, MWBE participation anticipated for this bid.

|_| Yes, MWBE participation anticipated for this bid. Complete table below:

*Certification number issued by the Washington State Office of Minority and Women's Business Enterprises.

Name of Vendor completing this Certification:_______________________________________

WAGE LAWS CERTIFICATION

Bidder is to complete the Wage Laws Certification form and return it with their bid submittals.

Pursuant to legislative enactment, Contractor shall certify it has not willfully violated Washington’s wage laws, Title 49 RCW. Refer to RCW 39.26.160 (2)(f).

I hereby certify, on behalf of the firm identified below, as follows (check one):

☐ NO VIOLATIONS OF WAGE LAWS. This firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington 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 RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the procurement solicitation, August 19, 2024.

OR

☐ YES VIOLATIONS OF WAGE LAWS. This firm has been determined by a final and binding citation and notice of assessment issued by the Washington 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 RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the procurement solicitation, August 19, 2024. Bidder is to provide explanation for consideration by Ecology. Bidder that marks this item may be considered not a “responsible” bidder per and may not be considered for award.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the firm listed below.

FIRM NAME: ____________________________________________________________________________ Name of Contractor/Bidder – Print full legal entity name of firm

Print Name of person making certifications for firm

Bidder is to return Wage Laws Certification with bid submittals

WORKERS’ RIGHTS CERTIFICATION

EXECUTIVE ORDER 18-03

Bidder is to complete the Workers’ Rights Certification form and return it with their bid submittals.

Mandatory Individual Arbitration Clauses and Class or Collective Action Waivers for Employees Pursuant to the Washington State Governor’s Executive Order 18-03, the Washington State Department of Ecology is seeking to contract with qualified entities and business owners who certify that their employees are not, as a condition of employment, subject to mandatory individual arbitration clauses and class or collective action waivers.

I hereby certify, on behalf of the firm identified below, as follows (check one):

☐ NO, this 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.

☐ YES, this firm DOES require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the firm listed below.

FIRM NAME: __________________________________________________________________________ Name of Bidder – Print full legal entity name of firm

Place:_________________________________ Print city and state where signed

Bidder is to return Workers’ Rights Certification with bid submittals

APPENDIX A

Complaints and Protest Procedures

This Complaint and Protest Procedures are in compliant with RCW 39.26.170 and Department of Enterprise Services Policy # DES-170-00. Complaints and Protests that do not follow these below procedures will not be considered.

These procedures provide the following information:

1) Requirements for a complaint process and protest process.

2) The criteria for filing a complaint or protest.

3) Agency response requirements and timelines.

Complaint Process Before Bid Due Deadline:

The purpose of a complaint process is to settle unresolved vendor issues or concerns that have not been resolved before the bid is due. The complaint process allows vendors to focus on the solicitation requirements and evaluation process, and raise issues with these processes to allow an agency time to correct a problem before bids are submitted. Any vendor may submit a Complaint.

1. Complaints must be based on any of the following reasons:

a) The solicitation unnecessarily restricts competition.

b) The solicitation evaluation or scoring process is unfair or flawed.

c) The solicitation requirements are inadequate or insufficient to prepare a response.

2. Complaints must meet the following requirements:

a) Be sent in writing, may be sent via email, to the Procurement Coordinator for the bid.

b) Be submitted at least five (5) business days before the bid submissions deadline.

c) Clearly state it is a “Complaint” in the correspondence or email subject line.

d) Clearly articulate the basis for the complaint.

e) Include a proposed remedy.

3. Complaints will be handled as follows:

a) All communications relative to a complaint must be coordinated through the Procurement Coordinator, or designee.

b) The Procurement Coordinator, or designee, will consider all the facts available and respond to complaints in writing, may use email.

c) The response to complaints, including any changes to the solicitation, will be posted on WEBS.

d) Agency Director will be notified of all complaints and will be provided a copy of the agency's response.

e) Vendor’s complaint may not be raised again during the protest period.

f) Agency complaint process does not include an appeal process.

Protest Process Before Final Award:

The purpose of a protest process is to allow unsuccessful Bidders, after the announcement of the Apparent Successful Bidder, to raise issues related to the evaluation process as set out in the solicitation or how the process was executed. The protest procedure allows the agency to correct evaluation process errors and problems before a contract is executed.

1. Debriefing Opportunity:

a) Unsuccessful Bidders may request a debriefing conference after the announcement of the Apparent Successful Bidder (ASB).

b) Bidders have three (3) business days after the ASB announcement date to request a debriefing conference.

c) Debriefing conference may be held in person at the agency or by phone.

d) Only those Bidders that participated in a debriefing conference are allowed to file a protest.

2. Protest Period:

a) Bidder has five (5) business days after their debriefing conference to submit a written Intent to Protest, may be via email, to the Procurement Coordinator for the bid.

b) The protest must be received within five (5) calendar days after the written Intent to Protest is submitted.

c) The protest must be submitted to the Procurement Coordinator, who will acknowledge receipt.

d) The protest must be in writing and signed by the Bidder, may be submitted via email.

e) If a protest is not received within the above protest periods, it will be considered untimely and the Procurement Coordinator may proceed with the award without further obligation.

3. Protest Reason, a protest must be based on any of the following reasons:

a) A matter of bias, discrimination, or conflict of interest on the part of an evaluator.

b) Errors in computing the scores.

c) Non-compliance with procedures described in the procurement document or Department of Enterprise Services’ requirements.

4. A Protest must include the following:

a) Reference the bid title and number.

b) Clearly state it is a “Protest” in the correspondence or email subject line.

c) A clear and orderly presentation of the protested reason(s) with supportive facts.

d) Description of the relief or corrective action being requested.

5. Agency Review Actions:

a) Agency will assign a neutral party that had no involvement in the evaluation and award process as the official contact person to investigate and respond to the protest.

b) Agency will communicate to the Protester who is the official contact person for their protest. All communications relative to the protest must be coordinated through the official contact person for the protest.

c) Agency will notify the ASB that a protest was filed and may provide the ASB an opportunity to submit its views and any relevant information on the protest.

d) Agency will issue a written protest response no more than ten (10) business days from receipt of the protest, unless additional time is needed by the agency. If additional time is needed, the agency will notify the protesting bidder.

6. Protest final determination shall take one of the following actions:

a) Find the protest lacking in merit and uphold the agency’s action, and reject the protest.

b) Find only insignificant technical, immaterial, or harmless errors in the procurement process and determine the agency to be in substantial compliance and reject the protest.

c) If the agency determines that the protest is without merit, then the agency will enter into a contract with the ASB.

d) If the protest is determined to have merit, then one of the alternatives noted below will occur:

1. Correct the errors and re-evaluate all bids/proposals.

2. Reissue the solicitation document and begin a new process.

3. Make other findings and determine other courses of action as appropriate.

7. Agency Protest Decision:

a) Once the agency’s protest response is issued, both the Agency Director and the Department of Enterprise Services’ Director will be provided a copy of the original protest and the agency's response.

b) Agency may sign a contract before the protest process is completed when the Department of Enterprise Services’ Director grants the agency the authority to do so.

c) Agency protest decision is final and no appeal process is allowed. If a protesting bidder does not accept the agency’s protest response, the bidder may try to seek relief from superior court.

End of Document image1.wmf image2.emf

Standard Terms and Conditions

Washington State Department of Ecology

Standard Purchase Order Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY IN ACCORDANCE WITH WASHINGTON STATE LAW, WHICH ARE HEREBY INCORPORATED BY REFERENCE.

1. CHANGES: No alteration in any of the terms, conditions, delivery, price, quality, quantities, or specifications of this Purchase Order will be effective without prior written approval of the Washington State Department of Ecology (ECOLOGY).

2. ADD-ON: By mutual written agreement, additional quantities of items may be purchased within 12 months of the date of award provided the original purchase price, terms, conditions, and specifications remain the same. Add-on purchases shall be submitted to the Supplier using a Purchase Order and shall reference the original contract number or Purchase Order.

3. HANDLING: No charges will be allowed for handling, including, but not limited to, packing, wrapping, bags, containers, or reels, unless otherwise stated herein.

4. DELIVERY DATE: With respect to delivery under this Purchase Order, time is of the essence, and this Purchase Order is subject to termination for failure to deliver as specified. Acceptance by ECOLOGY of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Supplier.

5. PAYMENTS AND ASSIGNMENTS: Invoices will not be processed for payment until items invoiced are received. ECOLOGY will not honor drafts nor accept goods on a sight draft basis. Furthermore, the provisions or monies due under this contract shall only be assignable with prior written approval of ECOLOGY.

6. STATE PURCHASING CARD OPTION: ECOLOGY encourages Suppliers to accept payment via the State Purchasing Card (VISA card).

7. SHIPPING INSTRUCTIONS: Unless otherwise specified, all goods are to be shipped prepaid, FOB Destination. Where shipping addresses indicate room numbers, Supplier shall make delivery to that location at no additional charge. Where specific authorization is granted to ship goods FOB shipping point, Supplier agrees to prepay all shipping charges and route as instructed, or if instructions are not provided, route by cheapest common carrier and bill ECOLOGY as a separate item on the invoice for said charges. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. It is also agreed that ECOLOGY reserves the right to refuse COD shipments.

8. REJECTION: All goods or materials purchased herein are subject to written approval by ECOLOGY. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by ECOLOGY or returned will be at Supplier’s risk and expense.

9. IDENTIFICATION: All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this Purchase Order shall contain the Purchase Order number. Packing lists shall be included with each shipment pursuant to this order, indicating the contents of each package therein.

10. INFRINGEMENTS: Supplier agrees to protect and save harmless ECOLOGY against all claims, suits, or proceedings for patent, trademark, copyright, or franchise infringement arising from the purchases, installation, or use of goods and materials ordered and to assume all expenses and damages arising from such claims, suits, or proceedings.

11. NONWAIVER BY ACCEPTANCE OF VARIATION: No provision of this Purchase Order or the right to receive timely performance of any act called for by the terms shall be deemed waived by a waiver by ECOLOGY of a breach thereof as to any particular transaction or occurrence.

12. WARRANTIES: Supplier warrants that items supplied under this Purchase Order conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for the particular purpose.

13. CASH DISCOUNT: In the event ECOLOGY is entitled to a cash discount, the period of computations will commence on the date of delivery or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is made part of the contract but the invoice does not reflect the existence of a cash discount, ECOLOGY is entitled to a cash discount with the period commencing on the date it is determined by ECOLOGY that a cash discount applies.

14. TAXES: Unless otherwise indicated, ECOLOGY agrees to pay all State of Washington sales or use tax. No charge by Supplier shall be made for Federal excise taxes, and ECOLOGY agrees to furnish Supplier, upon acceptance of items supplied under this Purchase Order, with an exemption certificate.

15. LIENS, CLAIMS, and ENCUMBRANCES: Supplier warrants and represents that all the goods and materials ordered herein are free and clear of all liens, claims, or encumbrances of any kind.

16. RISK OF LOSS: Regardless of FOB Point, Supplier agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery. Such loss, injury, or destruction shall not release Supplier from any obligation hereunder.

17. SAVE HARMLESS: Supplier shall protect, indemnify, and save ECOLOGY harmless from and against any damage, cost, or liability for any injuries to persons or property arising from acts or omissions of Supplier, his employees, agents, or subcontractors, howsoever caused.

18. PRICES: If price is not stated on this order, it is agreed that the goods shall be billed at the price last quoted or paid, or the prevailing market price, whichever is lower.

19. TERMINATION: In the event of a breach by Supplier of any of the provisions of this contract, ECOLOGY reserves the right to cancel and terminate this contract forthwith upon written notice to Supplier. Supplier shall be liable for damages suffered by ECOLOGY resulting from Supplier’s breach of contract.

20. NONDISCRIMINATION AND AFFIRMATIVE ACTION: The Supplier agrees not to discriminate against any client, employee, or applicant for employment or services because of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap with regard to, but not limited to, the following: employment upgrading, demotion or transfer, recruitment or recruitment advertising, lay-offs or termination, rates of pay or other forms of compensation, selection for training, rendition of services. It is further understood that any Supplier who is in violation of this clause shall be barred forthwith from receiving awards from the State unless the Supplier demonstrates to ECOLOGY’s satisfaction that the discriminatory practices have terminated and that a recurrence of such acts is unlikely.

21. ANTI-TRUST: Supplier and ECOLOGY recognize that in actual economic practice, overcharges resulting from anti-trust violations are in fact borne by ECOLOGY. Therefore, Supplier hereby assigns to ECOLOGY any and all claims for such overcharges.

22. DEFAULT: ECOLOGY may terminate this contract, without penalty or further liability, upon not less than Thirty (30) days prior written notice to Supplier, if Supplier defaults on any provision of this contract and fails to cure such default within that Thirty (30) day period, or such longer period, as may be reasonably determined by ECOLOGY, if Supplier is diligently working to cure the default.

23. ATTORNEYS FEES: In the event of controversy, claim, or dispute arising out of this contract for which the Supplier is adjudged by a court of competent jurisdiction to be at fault, Supplier shall pay to ECOLOGY all attorney’s fees, costs and expenses incurred by ECOLOGY in connection therewith.

24. BRANDS: When a particular brand is specified, it shall be construed solely for the purpose of indicating the standard of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Supplier specifies the brand and model and submits descriptive literature. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal. Failure to do so shall be sufficient reason to disregard the bid.

25. GIFTS: The Supplier shall comply with all applicable sections of the State Ethics law, Revised Code of Washington 42.52, which regulates gifts to State officers and employees. Under that statute, any State officer or employee who has or will participate with the Supplier regarding any aspect of the Contract involving the purchase of goods or services is prohibited from seeking or accepting any gift, gratuity, favor or anything of economic value from the Supplier. Neither the Supplier nor any agent or representative shall offer anything of economic value as a gift, gratuity or favor directly or indirectly to any such officer or employee.

26. ACCEPTANCE: This Purchase Order expressly limits acceptance to the terms and conditions stated in the purchase order and these Additional Terms and Conditions. Any terms proposed by Supplier are objected to and hereby rejected, unless otherwise provided in writing by ECOLOGY.

27. STATE FISCAL YEAR END CLOSURE REQUIREMENTS (RCW 43.88): Any claim for payment as a result of actual costs incurred on or before June 30 of any current State fiscal year shall be submitted to the proper State office no later than 30 calendar days following the close of the State's fiscal year. Each State fiscal year closes on June 30. Failure to comply with these requirements may delay, or cause denial of, payments for services rendered, at the sole discretion of the State.

28. FINAL PAYMENT: Final Payment of any balance due the Supplier of the gross amount earned will be made promptly upon its verification by the State after the completion of the services under this Purchase Order, contingent, if applicable, upon receipt of all goods, supplies, and documents that are required to be furnished under this Purchase Order. Acceptance of such Final Payment by the Supplier shall constitute a release of all claims for payment, which the Supplier may have against the State unless such claims are specifically reserved in writing and transmitted to the State by the Supplier.

29. NONDISCRIMINATION:

1. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.

1. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).

1. Default. Notwithstanding any provision to the contrary, Ecology may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Ecology receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Ecology may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.

1. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Ecology shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Ecology for default under this provision.

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