RFQ NCR401629R.docx

Request for Quotes (RFQ) NCR401629R WSDOT North Central Region Std. Spec. Chip Rock The Washington State Department of Transportation (WSDOT) issues this Request for Quotes (RFQ) under the authority of the Revised Code of Washington (RCW) 39.26. WSDOT reserves the right to modify dates and times. Any changes will be sent electronically as Amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this RFQ.

Posting Date Tuesday, January 7, 2025

Quotes Are Due Monday, January 20, 2025, at 2:00 pm

Anticipated Award Date Tuesday, January 21, 2025

Deliver Quotes to: Email: WSDOT NCR Stores wsdotncrstores@wsdot.wa.gov

IMPORTANT: Bids must be delivered via E-mail to wsdotncrstores@wsdot.wa.gov and should have the following information enclosed:

· RFQ Number

· Bid Due Date and Time

· Procurement Coordinator’s Name

· Bidder’s Company Name & Address

Required bid submittals shall be attached to the email as PDF, Microsoft Word, or Microsoft Excel format.

Acquisition Authority:

The Washington State Department of Transportation (WSDOT) issues this Request for Quote (RFQ) acting under the authority of the Revised Code of Washington (RCW) 39.26 which regulates the way state agencies may acquire general goods and services.

Description of Requirements:

The Washington State Department of Transportation (WSDOT) North Central Region is seeking a quote (RFQ) for 5000 Tons Std. Spec. 3/8” – No. 4 gradation Chip Rock w/at least two fractured faces, and for 650 Tons No. 4 – 0 Choke material (≅ concrete sand).

As set forth in the attached Contract for this RFQ, term of this Contract is from award of the contract, commencing Feb 1, 2025, and expiring Dec 31, 2025. Contract may be extended yearly, with written approval, making the entire term NOT TO EXCEED 2 YEARS. Bidders are to specify prices for the contract term. The Contract is subject to earlier termination. (Beginning/End dates are dependent on the budgetary allowance, and the plant being open to public). WSDOT estimates that 5,000 ton of Std. Spec. 3/8”- No. 4 Chip Rock will be needed regionwide and an estimated 650 ton of No. 4 – 0 Choke material (≅ concrete sand) regionwide; this quantity is an estimate only. Actual quantity may be less than or greater than the estimated quantity. WSDOT reserves the right to modify dates and times. Any changes will be sent electronically as amendments to all users of Washington’s Electronic Business Solutions (WEBS) who downloaded this RFQ. WSDOT reserves the rights to award the chip rock and choke material bids separately to encourage small businesses within the 50-mile radius to engage with the solicitation.

All Chip Rock vendors in the following counties or who serve any of the following counties are encouraged to submit a bid: Chelan, Douglas, Grant, Kittitas, and Okanogan.

WSDOT will require Std. Spec. 3/8 in. – No. 4 Chip Rock w/at least two fractured faces, and No. 4 – 0 Choke Material (≅ concrete sand). Completion of crushed material shall be made available to WSDOT no later than April 10th, 2025.

Bids for the below listed Chip Rock and Choke Material products must be provided on the RFQ form included in this solicitation package:

Required Testing: 1-SAMPLE TEST PER/EVERY 1000 Ton Produced. Grading and Quality shall be in accordance with “Standard Specifications for Road, Bridge, and Municipal Construction.”. Acceptance of aggregate please refer to 3-04 of the WSDOT 2025 Standard Specifications.

Crushed Screening Percent Passing

⅜" – No. 4

No. 4 – 0

1"

¾"

⅝"

99 – 100

90 – 100

No. 10

30 – 60

0 – 2

All percentages are by weight

Products offered shall be as specified in the most recent edition of the Washington State Department of Transportation publication; “Standard Specifications for Road, Bridge, and Municipal Construction.” Applicable standards and specifications. Chip Rock fracture requirement to TWO fractured faces.

Multiple Locations If vendor has multiple plants and/or pit sites, you may make copies of the RFQ form to submit pricing for each location if pricing is not the same at each facility.

To reduce costs to the State, bid may award to multiple vendors based upon location of product and WSDOT costs of material pick-up and delivery to job sites in North Central Region.

Each location below can order off this contract and must be within 50 miles of the location provided; WSDOT will pick up at each plant location:

WSDOT – NCR Area 1 John Maloney, Superintendent 2830 Euclid Ave.

Wenatchee, WA 98801

All special terms, conditions, and technical requirement will be described in upcoming sections.

Bid Submittal The following checklist identifies the submittals which will comprise a Bid. Any Bid received without a REQUIRED submittal may be rejected as being non-responsive. Please identify each page of the submittals, as well as any supplemental materials with your company name or other identifiable company mark.

· Signature (REQUIRED): Complete, print, sign and return in PDF format the Bidder Certification & Contract Signature Page as instructed (SEE PAGES 14- 18). WSDOT prefers blue ink.

· Price Sheet (REQUIRED): Complete and return a copy of the Price Sheet Appendix (sample provided) as instructed. Failure to address each line item as instructed may result in a bid being rejected for lack of responsiveness.

· Technical Specifications (REQUIRED): Complete and return the Technical Specifications Appendix (sample provided) as instructed. Failure to address each line item may result in a bid being rejected for lack of responsiveness. Material deviations from the specifications may disqualify the Bid.

Format One (1) copy of all required documents shall be submitted as attachments to an email addressed to wsdotncrstores@wsdot.wa.gov ; all attached documents must be legible and completed in ink or electronically signed by an authorized representative of the Bidder. WSDOT prefers the same file format(s) as the format(s) used to create the submittals (i.e. MS Word, Excel) unless written information is included as a part of the submittal, such as a signature. For submittals with written information or copies of other documents such as licenses, please submit as a .pdf. All changes and/or erasures shall be initialed in ink. Unsigned quote will be rejected unless satisfactory evidence was submitted clearly establishing the Bidder’s desire and intent to be bound by the Quote, such as a signed cover letter. Incomplete or illegible quote may be rejected.

Due Date and Time Quote packages must be received on or before the due date and time at the email address specified on the cover page. Email time of receipt will be determined by the receipt date/time posted on the WSDOT email system when the email is received in the wsdotncrstores@wsdot.wa.gov inbox.

Vendors should allow sufficient time to ensure timely receipt of the proposal by the RFQ Coordinator. Late Responses will not be accepted and will be automatically disqualified from further consideration.

WSDOT assumes no responsibility for delays caused by vendors’ e-mail, network problems or any other party. Zipped files cannot be received by WSDOT and must not be used for submission of responses.

If a Quote is late or received at a location other than that specified it will be rejected.

Quote Opening After the Quote due date and time, the Procurement Coordinator will open and process the quotes protecting the confidentiality of the contents. The names of the Bidders will be recorded and made available upon request, Quote contents will not be available for public view until after the announcement of the Apparent Successful Vendor has been made (RCW 39.26).

SOLICITATION TIMELINE:

General Provisions

· Bidder Responsiveness, Responsibility and Price Factors which will be evaluated based on the Evaluation Process described in this section.

· WSDOT anticipates that one award will be to the bidder that have been determined to be Responsive, Responsible and offer the lowest cost based on the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 39.26, WAC 200-300, and other criteria identified in the RFQ.

· Bidders whose quotes are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

· To aid in the evaluation process, after the Quote due date and time, WSDOT may require individual Bidders to appear at a date, time and place determined by WSDOT for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature of contractual requirements. In no manner shall such action be construed as negotiations or an indication of WSDOT’s intention to Award.

WSDOT reserves the right to: (1) Waive any informality; (2) Reject any or all quotes, or portions thereof; (3) Accept any portion of the items quote unless the Bidder stipulates all or nothing in their quote; (4) Cancel an RFQ and re-solicit quotes; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that quote can be improved for the Purchaser; (6) Award on an all or none consolidated basis taking into consideration ”lifecycle costs”; and (7) Award in aggregate when in the best interest of the state.

Determination of Responsiveness Quotes will be reviewed initially on a pass/fail basis to determine compliance with administrative requirements as specified herein.

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

Responsive quotes will be further evaluated based on the requirements in this RFQ.

Determination of Responsibility During evaluation, WSDOT reserves the right to make reasonable inquiry to determine the responsibility of any Bidder. Requests may include, but are not limited to, financial statements, credit ratings, references, record of past performance, clarification of Bidder’s offer, and on-site inspection of Bidder's or Bidder's Subcontractor's facilities. Failure to respond to said request(s) may result in a quote being rejected as non-responsive.

Price Evaluation Only Responses that have been determined to be both Responsive and Responsible will have costs evaluated.

Costs will be evaluated as follows:

Price sheets will be evaluated to verify that all line items have been completed and to verify that the Evaluated Cost is correct. The Evaluated Cost will be calculated by adding the Extended Price for each item together to achieve the Subtotal. In the event of a mathematical error in the calculation of the Extended Price, unit prices shall prevail. The Subtotal will then have Prompt Payment Discounts (if offered), applied to the totals to arrive at the Evaluated Cost.

The bidder offering the lowest Evaluated Cost will be determined to be the lowest bidder.

See Price Worksheet Appendix.

Specification Evaluation Once the lowest bidder has been determined, the lowest bidders’ specifications, including any offered equals or alternatives, may be reviewed by a stakeholder group consisting of subject matter experts.

The stakeholder group will perform an advisory role to the Procurement Coordinator and review and make a finding as to whether or not a submitted specification, including any offered equal or alternative, meets the intent of the RFQ specifications.

The stakeholder group will inform the Procurement Coordinator of its finding in order to assist the Procurement Coordinator in determining if the lowest bidder’s submitted specifications will be acceptable in meeting WSDOT’s needs. WSDOT shall be the sole and final arbiter of whether the submitted specifications, including any proposed equals or alternatives, are acceptable.

Selection of Apparent Successful Bidder The Bidder whose quote is the most advantageous to WSDOT, will be declared the Apparent Successful Bidder. To ensure conformity with RFQ terms and minimum requirements, WSDOT reserves the right to request data, test, and measure as part of the evaluation process prior to award. Failure to provide requested data which ensures conformity with the RFQ terms and minimum requirements within ten days may result in disqualification.

Prior to the Award, WSDOT may negotiate with an Apparent Successful Bidder to determine if a Quote can be improved.

Designation as an Apparent Successful Bidder does not imply that WSDOT will issue an Award to your firm. It merely suggests that at this moment in time, WSDOT believes your quote to be responsive. This designation allows WSDOT to perform a responsibility analysis and ask for additional documentation. WSDOT is also at liberty to re-review and determine whether the quote is truly responsive as initially believed. The Bidder must not construe this as an Award, impending Award, attempt to negotiate, etc. If you act or fail to act in reliance of this notification, you do so at your own risk and expense.

Announcement of Apparent Successful Bidder (ASB) WSDOT will notify all Bidders of the Apparent Successful Bidder prior to the actual Award. This notification is usually communicated by a means outside of the WEBS notification system.

Award An Award, in part or full, is made by WSDOT signature on the signature page (Contract Signature Page). WSDOT may include an Award Letter which further defines the Award and is included by reference in the Contract. WSDOT reserves the right to Award on an All or Nothing consolidated basis.

Following the Award, all Bidders will receive a Notice of Award, usually through a WEBS notification.

Bid Information Availability after announcement of ASB After the notification of the apparently successful bidder has been made, information regarding results of the RFQ may be obtained by contacting the Procurement Coordinator. Bidders may also schedule an appointment to review the bidding process.

Terms and Conditions The following terms and conditions apply in accordance with Washington State Laws and Regulations, and the Washington State Department of Enterprise Services, which are hereby incorporated by reference.

Right to Cancel WSDOT reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

Changes No alteration in any of the terms, conditions, delivery, price, quality, quantities, or specifications of an order resulting from this solicitation will be effective without prior written approval of the WSDOT.

Acceptance This Request for Quote and any order resulting from this solicitation expressly limits acceptance to the terms and conditions stated herein. Any terms proposed by Supplier are objected to and hereby rejected, unless otherwise provided for in writing by WSDOT.

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 may be considered, provided the Supplier specifies the brand and model and submits descriptive literature. WSDOT shall be the sole and final arbiter of whether a proposed equal is in fact of equal quality, performance or use and whether a proposed equal is acceptable.

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. WSDOT will review the Bidder’s proposed alternate, including any specification exceptions and supporting documentation, in determining whether or not the proposed alternative will be acceptable in meeting WSDOT’s needs. WSDOT shall be the sole and final arbiter of whether the proposed alternate is acceptable.

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

Infringements Supplier agrees to protect and save harmless WSDOT against all claims, suits, or proceedings for patent, trademark, copyright, or franchise infringement arising from the purchases, installation, or use of goods and materials resulting from this solicitation. Supplier assumes all expenses and damages arising from such claims, suits, or proceedings.

Warranties Supplier warrants that items supplied as a result of this solicitation 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.

Liens, Claims, and Encumbrances Supplier warrants and represents that all the goods and materials ordered as a result of this solicitation herein are free and clear of all liens, claims, or encumbrances of any kind.

Save Harmless Supplier shall protect, indemnify, and save WSDOT 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.

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

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

Termination In the event of a breach by Supplier of any of the provisions of an order or contract resulting from this solicitation, WSDOT reserves the right to cancel and terminate the contract forthwith upon written notice to Supplier. Supplier shall be liable for damages suffered by WSDOT resulting from Supplier’s breach of contract.

Attorney’s Fees In the event of controversy, claim, or dispute arising out of any order or contract resulting from this solicitation for which the Supplier is adjudged by a court of competent jurisdiction to be at fault, Supplier shall pay to WSDOT all attorney’s fees, costs and expenses incurred by WSDOT in connection therewith.

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.

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 WSDOT Purchase Order and shall reference the original contract or purchase order.

Pricing - Include all Cost Components in Pricing Bidders must identify and include all elements of recurring and non-recurring costs in their pricing. Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, wiring and supplies needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, testing and initial instruction to agency personnel, warranty work and maintenance of the products/services, handling charges such as packing, wrapping, bags, containers, reels; and any processing fees associated with credit card payment.

Notwithstanding the foregoing, in the event that market conditions, laws, regulations, or other unforeseen factors dictate, at WSDOT’s sole discretion, additional charges may be allowed during the contract term.

Purchase Card Acceptance It is not mandatory that suppliers accept the credit card as payment; however, WSDOT encourages suppliers to consider this alternate payment process. Any processing fees associated with the purchasing card must be included in the product pricing and not as a separate fee.

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 WSDOT 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. WSDOT reserves the right to refuse COD shipments.

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

Cash Discount In the event WSDOT 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, WSDOT is entitled to a cash discount with the period commencing on the date it is determined by WSDOT that a cash discount applies.

Payments and Assignments Invoices will not be processed for payment until items invoiced are received. WSDOT 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 WSDOT.

Statewide Vendor Payment Registration Suppliers are required to be registered in the Statewide Vendor Payment system, prior to submitting a request for payment under this procurement. Purchasers who are Washington state agencies require registration to be completed prior to payment.

The Washington State Office of Financial Management (OFM) maintains a central contractor registration file for Washington State agencies to process contractor payments. To obtain information and registration materials visit the Receiving Payments from the State website.

Collection of Retail Sales and Use Taxes In general, Suppliers engaged in retail sales activities within the State of Washington are required to collect and remit sales tax to Department of Revenue (DOR). In general, out-of-state Suppliers must collect and remit “use tax” to Department of Revenue if the activity carried on by the seller in the State of Washington is significantly associated with Contractor’s ability to establish or maintain a market for its products in Washington State. Examples of such activity include where the Contractor either directly or by an agent or other representative:

· Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business.

· Maintains an in-state inventory or stock of goods for sale;

· Regularly solicits orders from Purchasers located within the State of Washington via sales representatives entering the State of Washington;

· Sends other staff into the State of Washington (e.g. product safety engineers, etc.) to interact with Purchasers in an attempt to establish or maintain market(s); or

· Other factors identified in WAC 458-20 .

Department of Revenue Registration for Out-of-State Suppliers Out-of-state suppliers meeting any of the above criteria must register and establish an account with the Department of Revenue. Refer to WAC 458-20-193, and call the Department of Revenue at 800-647-7706 for additional information. When out-of-state suppliers are not required to collect and remit “use tax,” Purchasers located in the State of Washington are responsible for paying this tax, if applicable, directly to the Department of Revenue.

Public Disclosure of Purchasing Information

Per WAC 200-300-115, after bids, quotes or proposals have been received, all such information becomes the property of the purchasing activity and shall not be released or otherwise distributed until after the evaluation has been completed and final award(s) announced. Evaluation team members shall maintain confidentiality of information to ensure the integrity of the process. The purchasing activity assumes no responsibility for the confidentiality of bids, quotes or proposals after award.

Any document(s) or information which the bidder believes is exempt from public disclosure per RCW 42.17.310 shall be clearly identified by bidder and placed in a separate envelope marked with bid number, bidder's name, and the words "proprietary data" along with a statement of the basis for such claim of exemption. The state's sole responsibility shall be limited to maintaining the above data in a secure area and to notify bidder of any request(s) for disclosure within a period of five years from date of award. Failure to so label such materials or failure to provide a timely response after notice of request for public disclosure has been given shall be deemed a waiver by the bidder of any claim that such materials are, in fact, so exempt.

Copies of documents related to this or any other WSDOT procurement that are subject to public disclosure may be requested after the formal award is announced via the Washington Electronic Business Solution (WEBS) by sending an email publicdisclosurerequests@wsdot.wa.gov. When requesting procurement documents be sure to include the name of the procurement coordinator and the solicitation number for the information you are requesting.

Gifts The supplier shall comply with all applicable sections of the State Ethics law, RCW 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.

Title VI Notice to the Public It is the Washington State Department of Transportation’s (WSDOT) policy to assure that no person shall, on the grounds of race, color, national origin, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its programs and activities. Any person who believes his/her Title VI protection has been violated, may file a complaint with WSDOT’s Office of Equal Opportunity (OEO). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OEO’s Title VI Coordinator at (360) 705-7090.

Wage Violations Contractor represents and warrants that, during the term of this Contract and the three (3) year period immediately preceding the award of the Contract, it is not 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 be in willful violation of any provision of Washington state wage laws set forth in RCW chapters 49.46, 49.48, or 49.52.

Pay Equality Contractor represents and warrants that, as required by Washington state law (Laws of 2017, Chap. 1, § 147), during the term of this Contract for the time period of January 1, 2025, through December 31, 2025, it agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience, that is: consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. Notwithstanding any provision to the contrary, upon breach of warranty and Contractor’s failure to provide satisfactory evidence of compliance within thirty (30) days, WSDOT may suspend or terminate this Contract, and any Purchaser hereunder similarly may suspend or terminate its use of the Contract and/or any agreement entered into pursuant to the Contract.

Appendices

COMPLAINT, DEBRIEF AND PROTEST PROCEDURES………………………..………….

SPECIFICATION REQUREMENTS ……………………………………………………..…………

PRICE WORKSHEET………….…………………………………………………………………….…

EXECUTIVE ORDER 18-03-WORKERS’ RIGHTS……………………………………………..

RECYCLED CONTENT PURCHASING………………………………………………………

ELECTRONIC PRODUCTS PURCHASING……………………………………………..

NONMERCURY-ADDED PRODUCTS PURCHASING………………………………………

HYDROFLUOROCARBONS PRODUCTS PURCHASING…………………………………..

PCB’S SPECIAL TERMS & CONDITIONS………………………………………………………

WAGE THEFT PREVENTION CONTRACTOR CERTIFICATION………………………….

ADD – ON CLAUS……………………………………………………………………………………….

NONDISCRIMINATION ASSURANCES …………………………………………………………

BIDDER CERTIFICATIONS

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief:

1. UNDERSTANDING. Bidder has read, thoroughly examined, and fully understands all of the provisions in the Competitive Solicitation (including all exhibits) and the terms and conditions of the Contract and any amendments or clarifications to the Competitive Solicitation and agrees to abide by the same.

2. ACCURACY. Bidder has carefully prepared and reviewed its bid and fully supports the accuracy of the same. Bidder further understands that WSDOT shall not be responsible for any errors or omission on the part of Bidder in preparing its bid. The facts declared here are true and accurate. Bidder further acknowledges that the continuing compliance with these statements and all requirements of the Competitive Solicitation are conditions precedent to the award or continuation of the resulting Contract.

3. NO COLLUSION OR ANTI-COMPETITIVE PRACTICES. Bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Competitive Solicitation. Bidder’s bid prices have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other bidder or competitor relating to (a) those prices, (b) the intention to submit a bid, or (c) the methods or factors used to calculate the prices offered. Bidder has not been and will not knowingly disclose its bid prices, directly or indirectly, to any other bidder or competitor before award of a Contract, unless otherwise required by law. No attempt has been made or will be made by the bidder to induce any other person to submit or not to submit a bid for the purpose of restricting competition. Bidder, however, freely may join with other persons or organizations for the purpose of presenting a bid.

4. FIRM OFFER. Bidder agrees that its bid, attached hereto, is a firm offer which cannot be withdrawn for a period of ninety (90) days from and after the bid due date specified in the Competitive Solicitation. WSDOT may accept such bid, with or without further negotiation, at any time within such period. In the event of a protest, Bidder’s bid shall remain valid for such period or until the protest and any related court action is resolved, whichever is later.

5. CONFLICT OF INTEREST. In preparing this bid, bidder has not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this Competitive Solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this bid.

6. NO REIMBURSEMENT. Bidder understands that the State of Washington will not reimburse bidder for any costs incurred in the preparation of this bid. All bids become the property of the State of Washington, and bidder claims no proprietary right to the ideas, writings, items, or samples unless so stated in the bid.

7. PERFORMANCE. Bidder understands that its submittal of a bid and execution of this Bidder’s Certification certifies bidder’s willingness to comply with the Contract if awarded such. By submitting this bid, Bidder hereby offers to furnish the goods and/or services solicited pursuant to this Competitive Solicitation in compliance with all terms, conditions, and specifications contained in this Competitive Solicitation and the resulting Contract or, if applicable, as detailed on a Contract Issue List, if permitted in this Competitive Solicitation.

It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in the RFP, all Appendices, and incorporated documents of this RFP.

· WE ARE NOT SUBMITTING ANY EXCEPTIONS.

8. INSURANCE. Bidder certifies as follows (must check one):

· BIDDER HAS REQUIRED INSURANCE. Bidder has attached a current, valid Certificate of Insurance with each and all of the required insurance coverages (note: Bidder must attach the Insurance Certificate).

OR

· BIDDER DOES NOT HAVE REQUIRED INSURANCE. As detailed on the attached explanation (Bidder to provide), Bidder either does not have a current, valid Certificate of Insurance with each and all of the required insurance coverages or, if designated as the Apparent Successful Bidder will provide such a Certificate of Insurance within twenty-four (24) hours or be deemed a nonresponsive bid.

9. DEBARMENT. Bidder certifies as follows (must check one):

· NO DEBARMENT. Bidder and/or its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity.

OR

· DEBARRED. As detailed on the attached explanation (Bidder to provide), Bidder and/or its principals presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with a federal, state, or local governmental entity.

10. CRIMINAL OFFENSE. Bidder certifies as follows (must check one):

· NO CRIMINAL OFFENSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Bidder further certifies that it is not presently indicted or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in this paragraph.

OR

· CRIMINAL OFFENSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

11. WAGE THEFT PREVENTION. Bidder certifies as follows (must check one):

· NO WAGE VIOLATIONS. Bidder 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 above-referenced Competitive Solicitation date.

OR

· VIOLATIONS OF WAGE LAWS. Bidder 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, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced Competitive Solicitation date.

12. WORKERS’ RIGHTS (EXECUTIVE ORDER 18-03). Bidder certifies as follows (must check one):

· NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder 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.

OR

· MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

13. TERMINATION FOR DEFAULT OR CAUSE. Bidder certifies as follows (must check one):

· NO TERMINATION FOR DEFAULT OR CAUSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

OR

· TERMINATION FOR DEFAULT OR CAUSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

14. TAXES. Bidder certifies as follows (must check one):

· TAXES PAID. Except as validly contested, Bidder is not delinquent and has paid or has arranged for payment of all taxes due to the State of Washington and has filed all required returns and reports as applicable.

OR

· DELINQUENT TAXES. As detailed on the attached explanation (Bidder to provide), Bidder has not paid or arranged for payment of all taxes due to the State of Washington and/or has not timely filed all required returns and reports as applicable.

15. LAWFUL REGISTRATION. Bidder, if conducting business other than as a sole proprietorship (e.g., Bidder is a corporation, limited liability company, partnership) certifies as follows (must check one):

· CURRENT LAWFUL REGISTRATION. Bidder is in good standing in the State of Washington and the jurisdiction where Bidder is organized, including having timely filed of all required annual reports.

OR

· DELINQUENT REGISTRATION. As detailed on the attached explanation (Bidder to provide), Bidder currently is not in good standing in the State of Washington and/or the jurisdiction where Bidder is organized.

16. SUBCONTRACTORS. Bidder certifies as follows (must check one):

· NO SUBCONTRACTORS. If awarded a Contract, Bidder will not utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation.

OR

· SUBCONTRACTORS. As detailed on the attached explanation (Bidder to provide), If awarded a Contract, Bidder will utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation. In such event, Bidder agrees to assume responsibility for contract obligations and any liability for all such actions of such subcontractors. Note: Bidder must provide the precise legal name (including state of organization), business address, and federal tax identification number (TIN) for each subcontractor. Note: If the TIN is an SSN, provide only the last four (4) digits.

17. REFERENCES. Bidder authorizes WSDOT (or its agent) to contact Bidder’s references and others who may have pertinent information regarding Bidder’s prior experience and ability to perform the Contract, if awarded. Bidder authorizes such individuals and firms to provide such references and release to WSDOT information pertaining to the same.

CONTRACT SIGNATURE PAGE

In submitting this Bid, the Authorized Signatory below acknowledges having read and understood the entire RFQ and agrees to comply with its terms and conditions including the Bidder Certifications. The Authorized Signatory also agrees to fulfill the offer made in this Bid and any subsequently awarded Contract.

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 duly authorized to make these certifications on behalf of the Bidder listed herein.

In witness whereof, the parties hereto, having read this Contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

This is an Award for: RFQ NCR401619R will be effective upon WSDOT final signature.

APPROVED (WSDOT)

APPROVED (VENDOR/CONTRACTOR)

Department of Transportation Department of Transportation 2830 Euclid Ave., Bldg. D Wenatchee, WA 98801

Washington State Department of Transportation

Bidder’s Company Name & Address

Signature Date

Signature Date

Typed or Printed Name, Title

Typed or Printed Name, Title

Jesse Clark, PSS2

Tin/FEIN #

Manager’s Typed or Printed Name, Title

CONTACT INFORMATION

CONTACT INFORMATION

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Protest Policy and Procedures.doc complaint, Debrief, and Protest Procedures

Instructions on How to File a Complaint, Request for Debrief, and Protest

The purpose of these instructions is to provide a clear and transparent process for vetting issues or concerns with the Washington State Department of Transportation (WSDOT) competitive procurement solicitations. All WSDOT competitive solicitations will be posted in the Washington Electronic Business Solution (WEBS) and will include these instructions.

Complaints, requests for debrief, and protests will be:

· In writing; and delivered either in person, by USPS, courier, or email to the Procurement Coordinator identified on the cover page of the solicitation.

· Signed by the complaining or protesting Bidder, unless sent by email.

· Be submitted and delivered within the time frame outlined in this document.

· Identified with the WSDOT solicitation number.

· Identified as “Complaint”, “Request for Debrief”, or “Protest” in the subject line of the correspondence or email.

Complaint Process

The complaint process is available to bidders with unresolved issues or concerns that were not resolved during the question and answer period of the solicitation. Every attempt should be made to address and resolve issues or concerns during the question and answer period.

A complaint must be received by the Procurement Coordinator, not less than five (5) business days prior to the deadline for bid submission. The Procurement Coordinator’s name, PO Box, physical address, and email address will be listed on the cover page of the solicitation.

Grounds for Complaint

To be considered, complaints may be based only on the following:

· The solicitation unnecessarily restricts competition.

· The solicitation evaluation or scoring process is unfair or flawed; or

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

Complaint Content

The complaint shall include:

· The legal name of the Business, mailing address, phone number, email address, and the name of the individual submitting the complaint.

· The solicitation document name and number and reference to WSDOT as the issuing agency.

· Specific and complete statement of WSDOT action that is the subject of the complaint.

· Facts and arguments.

· Specific reference to the basis for the complaint.

· Description of the relief or corrective action requested.

Complaint Review Process

The Procurement Coordinator will consider all the facts available after receiving a complaint.

The Procurement Coordinator will send the response to the complaint directly to the Supplier and post the complaint and the response in WEBS prior to the bid submission deadline.

If additional time is needed to provide a response to the complaint and it affects the bid submission deadline, the Procurement Coordinator will extend the bid submission date with an amendment to the solicitation.

The WSDOT response to the complaint is final and not subject to appeal or protest.

Debrief Conference (Protest Precondition)

Following the announcement of the Apparent Successful Bidder, a Bidder who submitted a responsive bid may request a debrief conference. A debrief conference provides an opportunity for a Bidder to discuss their bid and evaluation with the Procurement Coordinator.

Request For Debrief Conference

The request for a debrief conference must be made via email to the Procurement Coordinator at the email address listed on the cover page of the solicitation. Subject line must include “Request for Debrief”. The request for a debrief conference must be received by the Procurement Coordinator within three (3) business days after the announcement of the Apparent Successful Bidder.

Location of Debrief Conference

A debrief conference may be conducted in person at a designated WSDOT facility, or by telephone, as determined by the Procurement Coordinator, and may be limited by WSDOT to a specified period of time.

The failure of a Bidder to timely request and attend a debrief conference shall constitute a waiver of the right to submit a protest.

Protest Process

The protest process is available only to a Bidder who submitted a responsive bid.

The protest period begins the first business day after the protesting Bidder has attended a debrief conference.

For a protest to be considered it must be submitted and received by the Procurement Coordinator within five (5) business days after the debriefing conference.

Grounds for Protest

To be considered, protests may be based only on the following:

· Bias, discrimination, or conflict of interest on the part of an evaluator;

· Errors in computing the scores; or

· Non-compliance with procedures described in the solicitation document, Department of Enterprise Service’s policy, or applicable State or Federal laws or regulations.

Protest Content

A protest shall contain the facts and arguments upon which the protest is based, and shall be signed by a person authorized to bind the Bidder to a contractual relationship.

At a minimum, the protest shall include the following information:

· Business Name, mailing address, phone number, email address, and the protesting Bidder’s name.

· Solicitation document name, number, and reference to WSDOT as the issuing agency.

· Specific and complete statement of WSDOT action(s) being protested.

· Specific reference to the grounds for the protest.

Protest Authority

The Procurement and Materials Manager has been delegated as the Protest Authority for WSDOT Procurements. The Procurement Coordinator will forward the protest to the Procurement and Materials Manager within one (1) business day.

Protest Review Process

The Procurement and Materials Manager will assign a neutral party who was not involved in the evaluation and award process of the protested solicitation.

The neutral party will objectively review all protest materials submitted by the Bidder and all other relevant facts known to WSDOT.

The Procurement and Materials Manager may request the authority to sign a contract before the protest process is completed from the Director, Department of Enterprise Services, due to exigent circumstances.

Protest Decision

The…