RFQ PR1304272 Avaya Telephones - Spokane.doc

State of Washington

DEPARTMENT OF SOCIAL AND HEALTH SERVICES

Central Purchasing Unit 1115 Washington St SE, ( P.O. Box 45810 ( Olympia, Washington 98504-5810

REQUEST FOR QUOTE (RFQ)

Purchasing Coordinator: Carla Nystrom

Email: carla.nystrom@dshs.wa.gov

I. Announcement and Special Information Bidders are required to read and understand all information contained within this entire quote package.

The Department of Social & Health Services reserves the right to reject bids that propose alternate or additional terms and conditions or in formats other than this document.

Upon release of this RFQ, all parties must direct all communications concerning this RFQ to the Purchasing Coordinator listed above. DSHS may disqualify any Bidder who communicates to anyone besides the Purchasing Coordinator.

DSHS considers all oral communication unofficial and non-binding on DSHS. Bidders should rely only on written statements issued by the Purchasing Coordinator.

Please submit bids via email directly to the Purchasing Coordinator listed above

Please note: Email submissions should have 150 Avaya 9408 Display Digital Telephone Sets & 3 BM12 Expansions in the subject line

II. Auxiliary Aids and Services DSHS will provide access to this RFQ document to individuals with disabilities. Please contact the Procurement Coordinator to request auxiliary aids and services for this RFQ.

If an individual believes that the department has discriminated on the basis of a disability, please contact the DSHS Investigations Unit (IU) for the Nondiscrimination Policy Brochure and complaint process. The brochure can be found at http://www.dshs.wa.gov/pdf/Publications/22-171.pdf.

III. Table of Contents

1I.

Announcement and Special Information

1II.

Auxiliary Aids and Services

2III.

Table of Contents

3IV.

Solicitation Overview

31.

Purpose of RFQ

32.

Bidder Information

33.

Purchase Card Acceptance

4V.

Timeline

41.

RFQ Schedule

42.

Questions and Answers

43.

Bidder Complaints

54.

Quote Submittals

55.

Evaluation & Notice of Award

66.

Bidder Debriefing Conferences

67.

Bidder Protests

78.

Issuing Purchase Order

7VI.

Product Specifications

71.

Delivery

72.

Specifications and Pricing

83.

Quality Standards

8VII.

General Provisions

81.

Minority & Women’s Business Enterprises (MWBE)

82.

Nondiscrimination

83.

Conflict and Severability

84.

Personal Liability

95.

Taxes, Fees and Licenses

IV. Solicitation Overview

1. Purpose of RFQ The purpose of this RFQ is to purchase 150 Avaya 9408 Display Digital Telephone Sets and three (3) BM12 Expansion with power supplies.

2. Bidder Information Bidder further offers to furnish materials, equipment or services in compliance with all terms, conditions, and specifications herein including all amendments. 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.

The Apparent Successful Bidder will be expected to enter into a contract which is substantially the same as the sample purchase order and its standard terms and conditions attached as Exhibit A. In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation.

Prior to award of a contract, Bidder may be required to register with the Statewide Payee Desk.

If manufacturer is bidding please also include dealer contact information with this quote.

(Company Name)

(Typed Name)

(Address)

(Title)

(City)

(State)

(Zip)

(Phone and Fax Numbers.)

(Federal Tax Identification Number)

DO NOT PROVIDE SOCIAL SECURITY NUMBER

Email

3. Purchase Card Acceptance DSHS is committed to utilizing the Washington State Purchase Card for vendor payments. This process allows for expedited payment for goods and services received.

Purchasing (Credit) Cards accepted: Yes FORMCHECKBOX No FORMCHECKBOX

(Washington State Purchasing card is VISA) If yes, please list cards accepted:

FORMCHECKBOX

Visa FORMCHECKBOX Master Card FORMCHECKBOX American Express FORMCHECKBOX Discover FORMCHECKBOX Other______________ V. Timeline

1. RFQ Schedule RFQ Schedule

*Dependent on whether there are requests for debriefing conferences or protests filed.

2. Questions and Answers Bidders may e-mail, fax, or mail written questions to the RFQ Coordinator until 3:00 pm PDT on Wednesday, March 6, 2013. Early submission of questions is encouraged. DSHS shall post Questions and Answers at https://fortress.wa.gov/ga/webs/ as an RFQ amendment no later than Thursday, March 7, 2013.

DSHS considers all oral communication unofficial and non-binding on DSHS. Bidders should rely only on written statements issued by the RFQ Coordinator

3. Bidder Complaints If Bidders have concerns with the RFQ requirements in one of the areas below, Bidders may submit those to DSHS through the Bidder Compliant process:

· The RFQ unnecessarily restricts competition;

· The RFQ evaluation/scoring process is unfair or flawed; or

· The RFQ requirements are inadequate or insufficient so that a response is difficult to prepare.

Bidders cannot raise the same complaint during the protest period.

Bidders must submit a complaint in writing to the RFQ Coordinator before the “Bidder Complaints” due date set forth in the RFQ Schedule (Section 4). Bidders must clearly state the basis for their complaint and propose a remedy.

DSHS shall respond to all complaints in writing and post response on WEBS. DSHS, at its sole discretion, may modify the RFQ based on the Bidder’s complaint. The DSHS decision is final. No further administrative appeal shall be available.

4. Quote Submittals Bidders must submit bid quotes by 3:00 PM, PDT on Friday, March 15, 2013. Bidders are responsible for allowing sufficient time to ensure timely receipt by the RFQ Coordinator. DSHS shall consider all Bidder e-mails and files received after the bid due date and time as a late bid. Bidders assume all risk for the method of delivery.

Prices quoted are to include all equipment, materials, delivery/shipping (FOB Destination), and labor charges (if applicable). There will be no additional charges allowed. The prices listed below are to be all inclusive of expenses related to this bid.

5. Evaluation & Notice of Award

Contract award shall be made to the lowest Responsive and Responsible Bidder (the “Apparent Successful Bidder” or “ASB”) based on the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 39.26.160.

A. Determination of Responsibility DSHS may make reasonable inquiry to determine the Responsibility of any bidder. DSHS requests for information shall be related to one or more of the following factors:

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

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

· Whether the Bidder can perform the contract within the time specified;

· The quality of performance of previous contracts or services;

· The previous and existing compliance by the Bidder with laws relating to the contract or services; and

· Such other information as may be secured having a bearing on the decision to award the contract.

DSHS may, in its sole discretion, consider Bidder’s failure to respond to any request for information as sufficient to deem Bidder nonresponsive.

B. Determination of the Lowest Responsive and Responsible Bidder DSHS shall award to the lowest cost Responsible and Responsive bidder subject to the preferences provided by law.

DSHS reserves the right to award the contract to the Bidder whose proposal is deemed to be in the best interest of DSHS and the state of Washington.

No MWBE preference will be included in the evaluation of bids/proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award and bids/proposals will not be rejected or considered non-responsive on that basis.

C. Instate Preference Reciprocity Pursuant to RCW 39.26.271, the Department of Enterprise Services has established a schedule of penalties applicable against bidders from states that grant a preference to their own in-state businesses. The schedule may be found at the following website: http://des.wa.gov/services/ContractingPurchasing/Pages/ReciprocalPreference.aspx.

In determining the lowest Responsible bidder, DSHS will add an amount equal to the penalty to each applicable bid submitted. In no event shall such increase be paid to a bidder whose bid is accepted.

D. DSHS Rights Reserved DSHS may, after bids are submitted in response to this solicitation:

· Reject all bids and rebid or cancel the solicitation;

· Request best and final offers from Responsive and Responsible bidders; or

· Award the contract to the lowest Responsive and Responsible bidder.

DSHS may chose to award this RFQ on an "all or nothing" basis or to accept any portion of the items bid, excluding others; whichever is in the best interest of DSHS.

E. Notices No rejection notice will be sent to unsuccessful Bidders. Bidders whose bids are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

DSHS shall not give Award results over the phone. DSHS shall make scoring and evaluation information available once Notice of Award has been made through WEBS. Scoring and evaluation materials can be obtained through the Purchasing coordinator by written request.

6. Bidder Debriefing Conferences After DSHS announces the ASB, all Bidders may request a debriefing conference by submitting an e-mail request to the RFQ Coordinator. Bidders must submit all requests by the date and time specified in the RFQ Schedule (Section 4).

DSHS will hold Debriefing Conferences on the date and time specified in the RFQ Schedule (Section 4). At DSHS’s option, DSHS may conduct a Debriefing Conference either in person or by telephone and are limited to a maximum of one hour in length.

Discussion at the debriefing conference will be limited to the scoring and/or placement of the Bidder. The conference shall not include a comparison of other bids.

Failure to request and participate in a Debriefing Conference waives the Bidder’s right to Protest.

7. Bidder Protests Bidders may submit a Protest, as described below. A Protest is the sole administrative remedy available to Bidders. In order to submit a protest, a Bidder must have submitted a Quote for this RFQ and must have fulfilled all other prerequisites to filing a Protest contained elsewhere in the RFQ document.

A Bidder may only Protest based on the following grounds:

· A matter of 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 RFQ.

A. Protest Form, Content, and Submittal

Bidders must submit a Protest in writing, signed by a person authorized to bind the Bidder to a contractual relationship.

Bidders must email their Protest to the RFQ Coordinator by the date and time stated in the RFQ Schedule (Section 4).

At a minimum, a Bidder’s Protest must include:

· The Bidder’s name, mailing address, phone number, and the contact person’s name;

· The RFQ number and title;

· The grounds for the Protest, along with the facts supporting the grounds;

· Description of the relief or corrective action requested.

Bidders must attach any documentation they want DSHS to consider in making the determination of the Protest.

B. DSHS Protest Determination

DSHS will send the Bidder a written decision within five (5) business days after DSHS receives the Protest, unless more time is required to review the Protest and make a determination. DSHS will notify the protesting Bidder if additional time is necessary.

DSHS will make a final determination of the Protest and will either determine to deny the Protest or consider the Protest to be warranted. The Protest shall be considered warranted only if the protested grounds influenced the outcome of the RFQ to the detriment of the Bidder.

If the Protest is warranted, DSHS will take one or more of the following actions:

· Correct any errors and re-evaluate all Quotes affected by the errors;

· Cancel the solicitation and reissue the RFQ document;

· Take such other action as may be appropriate.

8. Issuing Purchase Order DSHS will issue a purchase order to the ASB after all applicable deadlines for debriefing conferences and protests run, all requested debriefing conferences are held, and all determinations on all protests are made.

VI. Product Specifications

1. Delivery Supplier guarantees delivery F.O.B. destination within 7 business days after receipt of order.

Purchaser/Ship to Location:

Dept. of Social & Health Services Home & Community Services

1330 N Washington St, Ste 3000 Spokane, WA 99201

2. Specifications and Pricing Req.

Item

Mfg.:

Prompt payment discount of 20 days or greater will be considered for evaluation purposes.

3. Quality Standards Specifications that include a brand/trade name are only intended to establish a standard of quality against which other brands will be evaluated. Product and service specifications contained in this solicitation are intended solely to clearly describe type, quality, performance and use, and are not intended to be restrictive. So as not to misrepresent the requirements of this solicitation, brand/trade references other than those specified will be considered on the basis of whether products and services bid are at least equal to the quality, performance and use of the standard of quality identified in the solicitation.

Bidder shall submit complete documentation with bid sufficient to establish all products and services bid are at least equal in quality, performance and use to the standard of quality identified in the solicitation. Failure to do so may result in rejection of the bid as being non-responsive.

By submitting bid, bidder expressly warrants all products and services bid are at least equal in quality, performance and use to the standard of quality identified in the solicitation. Any bid containing a brand that is not of equal quality, performance and use to the standard of quality identified in the solicitation shall be rejected as non-responsive.

VII. General Provisions

1. Minority & Women’s Business Enterprises (MWBE)

In accordance with the legislative findings and policies set forth in RCW 39.19, the State of Washington encourages participation in all of its contracts by Minority & Women’s Business Enterprises (MWBE) firms either self-identified or certified by the Office of Minority & Women’s Business Enterprises (OMWBE). While the State does not give preferential treatment, it does seek equitable representation from the minority and women’s business community.

Participation by MWBE contractors may be either on a direct basis in response to this RFQ or as a subcontractor to a contractor. However, no preference will be given in the evaluation of Bids, no minimum level of MWBE participation shall be required, and Bids will not be evaluated, rejected or considered non-responsive on that basis.

Bidders may contact the Office of Minority & Women’s Business Enterprises (OMWBE) at http://www.omwbe.wa.gov/index.shtml to obtain information on certified firms for potential sub-contracting arrangements or for information on how to become certified.

Nothing in this section is intended to prevent or discourage participation from non MWBE firms, as well as MWBE firms.

2. Nondiscrimination By submitting a bid, the Bidder certifies that it complies with all federal and state nondiscrimination laws, regulations and policies. In the event of the Bidder's non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, the Bidders’s bid may be deemed nonresponsive and any contract with the Bidder entered into as a result of this solicitation may be rescinded, canceled or terminated in whole or in part, and the Bidder may be declared ineligible for future contracts with the DSHS.

3. Conflict and Severability Conflict: In the event of conflict between this RFQ and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this RFQ to afford the state maximum benefits.

Severability: Any provision of this RFQ found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the RFQ.

4. Personal LIability It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the State of Washington when executing their official duties in good faith, be in any way personally liable or responsible for any agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.

5. Taxes, Fees and Licenses Taxes:

Where required by statute or regulation, the Contractor shall pay for and maintain in current status all taxes that are necessary for Contract performance. Unless otherwise indicated, the Purchaser agrees to pay State of Washington taxes on all applicable materials, supplies, services and/or equipment purchased. No charge by the Contractor shall be made for federal excise taxes and the Purchaser agrees to furnish Contractor with an exemption certificate where appropriate.

Collection of Retail Sales and Use Taxes:

In general, Contractors 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 Contractors 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:

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

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

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

4. 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

5. Other factors identified in WAC 458-20 .

Department of Revenue Registration for Out-of-State Contractors:

Out-of-state Contractors 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 Contractors 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.