RFQQ 2024 0911 Competitive Solicitation.pdf

COMPETITIVE SOLICITATION NO. RFQQ 2024 0911 – STORMWATER TESTING SERVICES PAGE 1

(Rev 2024-07-08)

COMPETITIVE SOLICITATION – NO. RFQQ 2024 0911

FOR

STORMWATER TESTING SERVICES

INTRODUCTION

The Washington State Department of Transportation (“WSDOT”) is issuing this Competitive Solicitation pursuant to RCW 39.26. Pursuant to this Competitive Solicitation, WSDOT intends to conduct a competitive procurement to award an Agency Contract for WSDOT to purchase Stormwater Analytical Laboratory Services for Testing estimated to be valued of $150,000 or less. Because it is estimated to be $150,000 or less, the agency intends to award the contract to the lowest responsive and responsible bid from a small business (as defined in RCW 39.26.010(22)(a) or veteran-owned business, unless none of these businesses are responsible and responsive to this solicitation

The Washington State Department of Transportation (WSDOT) conducts statewide sampling for National Pollutant Discharge Elimination System (NPDES) stormwater monitoring, NPDES water quality assessment, research, and project support purposes. WSDOT’s Stormwater Monitoring Program will collect and use data to address the following goals:

a. Produce scientifically credible data that represent discharges from WSDOT’s various land uses.

b. Provide information that can be used by WSDOT for designing and implementing effective stormwater management strategies for Washington’s highways.

c. Provide data that can be used to inform WSDOT’s Highway Runoff Manual (HRM).

This Competitive Solicitation is divided into six (6) sections:

Section 1 provides a summary table of relevant deadlines for responding to the Competitive Solicitation and identifies contact information for the Procurement Coordinator for this procurement.

Section 2 provides important information about the procurement that is designed to help interested bidders evaluate the potential opportunity, including the purpose of the procurement, the form of the resulting Contract, and potential contract sales.

Section 3 identifies how WSDOT will evaluate the bids.

Section 4 identifies how to prepare and submit a bid for this Competitive Solicitation, including detailed instructions regarding what to submit and how to submit your bid.

Section 5 details the applicable requirements to file a complaint, request a debrief conference, or file a protest regarding this Competitive Solicitation.

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Section 6 provides information pertaining to doing business with the State of Washington, including WSDOT’s efforts to enable Washington’s small and diverse businesses to compete for and participate in state procurements for goods/services.

In addition, this Competitive Solicitation includes the following Exhibits:

Exhibit A – Required Bidder Information: These exhibits identify information that bidders must provide to WSDOT to constitute a responsive bid. See Section 4, below.

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

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

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

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

Exhibit D-1 – Contract Issues List: This exhibit outlines the bidder’s issues, if any, and proposed resolution for bidders who have business concerns with the form of the Contract. Note, however, that WSDOT reserves the right not to modify the Contract and to award the Contract on the basis of a bidder’s willingness to agree to the Contract.

o Redlined Documents will NOT be reviewed.

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

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

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

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

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

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SECTION 1 – DEADLINES, QUESTIONS, PROCUREMENT COORDINATOR, AND MODIFICATION

This section identifies important deadlines for this Competitive Solicitation, where to direct questions regarding the Competitive Solicitation, and the process for potential amendments or modifications to the Competitive Solicitation.

1.1. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

COMPETITIVE SOLICITATION DEADLINES

ITEM DATE

Competitive Solicitation Posting Date: September 11, 2024

Pre-Bid Conference: October 2, 2024, at 10:00 AM (Pacific Time)

Attend via TEAMS Video Conference Join the meeting now

Meeting ID: 295 461 638 595 Passcode: egPbQA Dial in by phone +1 206-531-0324,,949167488# Phone conference ID: 949 167 488#

Question

Answer Period:

Deadline for Submitting Questions:

Wednesday. October 09, 2024, 11:59 PM (Pacific Time)

Anticipated Deadline for Answers Tuesday, October 15, 2024

Bidder References Due to RFQQ Coordinator:

Wednesday, October 23, 2024, by 11:59 PM (Pacific Time)

Deadline for Submitting Bids: Monday, October 28, 2024, by 11:59 PM (Pacific Time)

Anticipated Announcement of Apparent Successful Bidder (ASB): Thursday, November 07, 2024

Anticipated Contract Award: Wednesday, November 27, 2024

WSDOT reserves the right to revise the above schedule*

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

Procurement Coordinator

Name: Marianna Adams

Telephone: 360-705-7661

Email: Marianna.Adams@wsdot.wa.gov https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjcyNGMxZTQtM2U5OS00MDY3LWEwOTgtNTNjNmQ2ZTA5MGJm%40thread.v2/0?context=%7b%22Tid%22%3a%226f10858a-931e-4554-89f7-a3694e8e0f1a%22%2c%22Oid%22%3a%227f3f963b-a21a-4b41-ba33-236e782f6569%22%7d tel:+12065310324,,949167488

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Questions raised at the pre-bid conference and during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS). As used in this Competitive Solicitation, in evaluating bids, references to ‘the Procurement Coordinator,’ include agency personnel and/or third-party evaluation committees.

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

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

• Questions received and the official answers will be posted throughout the Q&A period to WEBS. If bidders are registered in WEBS they should receive the notice that a new document is posted. But it is recommended that potential bidders also proactively check WEBS regularly.

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

The details of any change will be listed in an amendment document posted in WEBS.

1.3. COMPLAINTS, DEBRIEFS, & PROTESTS. The Competitive Solicitation (and award of any Contract) is subject to complaints, debriefs, and protests as explained in Section 5, which may impact the dates set forth above.

1.4. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. WSDOT reserves the right to amend and modify this Competitive Solicitation. Only bidders who have properly registered and downloaded the original Competitive Solicitation directly via the Washington Electronic Business Solution WEBS will receive notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Visit WEBS to register.

SECTION 2 – INFORMATION ABOUT THE PROCUREMENT

This section describes the purpose of the Competitive Solicitation and provides information about this procurement, including the potential scope of the opportunity.

2.1. PURPOSE OF THE PROCUREMENT – AWARD A CONTRACT. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award a Contract for WSDOT to procure Stormwater Testing Services specific goods and/or services as set forth herein. Pursuant to Washington’s Procurement Code for Goods and Services, RCW chap. 39.26, state agency purchases of goods and services must be based on a competitive solicitation process in which the Contract is awarded to the lowest responsive, responsible bidder.

2.2. CONTRACT. The form of the Contract that will be awarded as a result of this Competitive Solicitation is attached as Exhibit D – Contract.

2.3. CONTRACT TERM. As set forth in the attached Contract for this Competitive Solicitation, the contract term is through June 30, 2025. Bidders are to specify prices for the initial contract term (such https://fortress.wa.gov/ga/webs

COMPETITIVE SOLICITATION NO. RFQQ 2024 0911 – STORMWATER TESTING SERVICES PAGE 5

prices then will be adjusted as set forth in the Contract). The Contract is subject to earlier termination.

2.4. ESTIMATED CONTRACT VALUE. Historically, for prior contracts, annual total sales were approximately $40,000 for the goods/services. Total potential or estimated contract sales for this Competitive Solicitation are not known. Although WSDOT does not represent or guarantee any minimum purchase from the Contract, WSDOT anticipates purchasing $40,000.

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

OF FUNDING.

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

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. WSDOT will apply the following Washington State procurement priorities and preferences to this Competitive Solicitation which, as set forth in Section 3.5, will impact the evaluation of bids for this Competitive Solicitation:

Executive Order 18-03: 10 Points

Washington Small Business: 10 Points

Certified Veteran-Owned Business: 10 Points

SECTION 3 – BID EVALUATION

This section identifies how bids for this Competitive Solicitation will be evaluated.

3.1. OVERVIEW. Bids for this Competitive Solicitation will be evaluated as described below.

Bidder responsiveness, performance requirements, price factors, and responsibility, will be evaluated based on the process described herein.

Any bidder whose bid is determined to be non-responsive will be rejected and will be notified of the reasons for this rejection.

The Procurement Coordinator reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof; (4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or (6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

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

STEP ITEM POINTS

Bid Responsiveness

Bid Responsiveness & Bidder Responsibility Analysis – Including Submitted Exhibit F- Client Reference Forms

Pass/Fail

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Bid Evaluation

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

60 Points

3 Cost Factors Exhibit C – Bid Price 40 Points

Total: 100 Points

State Procurement Priorities

Washington Small Business 10 Points

Certified Veteran-Owned Business 10 Points

Executive Order 18-03 10 Points

Total: 30 Points

TOP-SCORED BIDDER(S) ADVANCE TO STEP 5

Presentation Evaluation – If Utilized*

5 Demonstration/Interview 10 Points

Contract Negotiations

6 Contract Negotiations N/A

3.2. BID RESPONSIVENESS (STEP 1). Bids will be reviewed – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that the Procurement Coordinator will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. The Procurement Coordinator reserves the right to determine whether a bid is responsive – i.e., to determine a bidder’s compliance with the requirements specified in this Competitive Solicitation and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders.

3.3. BIDDER RESPONSIBILITY ANALYSIS (STEP 1). For responsive bids, the Procurement Coordinator must determine whether the bidder is a ‘responsible bidder.’ Accordingly, the Procurement Coordinator will make reasonable inquiry to determine bidder responsibility on a pass/fail basis.

In determining bidder responsibility, the Procurement Coordinator will consider the following statutory elements:

Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

Bidder’s ability to perform the contract within the time specified;

COMPETITIVE SOLICITATION NO. RFQQ 2024 0911 – STORMWATER TESTING SERVICES PAGE 7

Bidder’s performance quality pertaining to previous contracts or services;

Bidder’s compliance with laws relating to the contract or services;

Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

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

See RCW 39.26.160(2)(a)-(g). In addition, the Procurement Coordinator may consider the following:

Financial Information: The Procurement Coordinator may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

References: The Procurement Coordinator reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

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

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

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

ii. Mandatory (M) requirements will be reviewed along the following criteria:

Scoring Rubric

COMPETITIVE SOLICITATION NO. RFQQ 2024 0911 – STORMWATER TESTING SERVICES PAGE 8

iii. Mandatory Scored (MS) Evaluation points will be assigned based on the effectiveness of the Response to each of the requirements pertaining to the qualifications of the project. coordinator and subject matter expert and technical requirements. A scale of zero (0) through four (4) will be used, defined as follows:

iv. QUALITATIVE REVIEW AND SCORING. Only Responses that pass the administrative screening for bid Responsiveness and Responsibility and their Mandatory requirements will be evaluated and scored based on responses to the scored requirements in the RFQQ. Responses receiving a zero (0) of one (1) on any Mandatory Scored (MS) element(s) will be disqualified.

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

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

Pass Response Received and Meets Requirement

Fail Response Missing or Response Received and Does Not Meet Requirement

Scoring Rubric

0 Unsatisfactory There is no response, or the response does not meet the requirement.

1 Partial Compliance The response only partially addresses or meets the requirement and the stated business need. The response has critical deficiencies in key areas and has little to no merit.

2 Average The response sufficiently meets the requirement and the stated business need. There are no critical deficiencies, but the response has numerous weaknesses in key areas.

3 Above Average The response fully meets the requirement and the stated business need, but there is room for improvement. The response has a minor deficiency not in a key area.

4 Exceptional The response fully addresses or exceeds the requirement and the stated business need.

𝑩𝑩𝑩𝑩𝑩𝑩 𝑷𝑷𝑷𝑷𝑩𝑩𝑷𝑷𝑷𝑷 𝑺𝑺𝑷𝑷𝑺𝑺𝑷𝑷𝑷𝑷 = �

𝑳𝑳𝑺𝑺𝑳𝑳𝑷𝑷𝑳𝑳𝑳𝑳 𝑷𝑷𝑷𝑷𝑩𝑩𝑷𝑷𝑷𝑷 𝑸𝑸𝑸𝑸𝑺𝑺𝑳𝑳𝑷𝑷

𝑩𝑩𝑩𝑩𝑩𝑩𝑩𝑩𝑷𝑷𝑷𝑷′𝑳𝑳 𝑷𝑷𝑷𝑷𝑩𝑩𝑷𝑷𝑷𝑷 𝑸𝑸𝑸𝑸𝑺𝑺𝑳𝑳𝑷𝑷

� ∗ 𝑻𝑻𝑺𝑺𝑳𝑳𝑻𝑻𝑻𝑻 𝑷𝑷𝑺𝑺𝑩𝑩𝑷𝑷𝑳𝑳𝑳𝑳 𝑷𝑷𝑺𝑺𝑳𝑳𝑳𝑳𝑩𝑩𝑷𝑷𝑻𝑻𝑷𝑷

COMPETITIVE SOLICITATION NO. RFQQ 2024 0911 – STORMWATER TESTING SERVICES PAGE 9

3.6. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 4). The following Washington State procurement priorities and preferences apply to this Competitive Solicitation

PROCUREMENT PREFERENCE FOR EXECUTIVE ORDER 18-03 (Firms without Mandatory Individual Arbitration for Employees). Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), bids will be evaluated for best value and bidders may obtain a bid preference in the amount of 10 Points if bidder is able to certify, pursuant to Exhibit A-1 – Bidder’s Certification, that 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.

WASHINGTON SMALL BUSINESSES. In furtherance of Washington’s business inclusion goals WSDOT will evaluate bids for best value and will provide a bid preference in the amount of 10 Points to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that Bidder qualifies as a ‘Washington Small Business’ as set forth in Exhibit A-1 – Bidder’s Certification.

CERTIFIED VETERAN-OWNED BUSINESSES. In furtherance of Washington’s business inclusion goals, WSDOT will evaluate bids for best value and will provide a bid preference in the amount of 10 Points to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that Bidder qualifies as a Washington Department of Veterans’ Affairs Certified Veteran-Owned Business.

3.7. PRESENTATION EVALUATION (STEP 5) – IF UTILIZED*. Up to two (2) bidder(s) with the highest-scored bids, will be invited to demonstrate/interview with the evaluation committee. All key personnel will be required to participate in the demonstration/interview process. The Procurement Coordinator will contact the bidder(s) to schedule a date and time for demonstration/interview.

Bidder(s) is/are encouraged to hold the date(s) indicated in Competitive Solicitation Section 1.1.

The Procurement Coordinator will provide further instruction at the time of scheduling demonstrations/interviews. There will be a maximum of 10 points awarded based on bidder’s demonstration/interview.

3.8. CONTRACT NEGOTIATIONS (STEP 7). WSDOT may negotiate with the highest scored responsive, responsible bidder to finalize the Contract and to determine if the bid may be improved. If, after a reasonable period of time, WSDOT, in its sole judgement, cannot reach agreement on acceptable Contract terms with such bidder, WSDOT may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

3.9. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. WSDOT will determine the Apparent Successful Bidder (“ASB”). The ASB will be the responsive and responsible small or veteran-owned bidder that presents the best total value, including price and other factors as set forth in the solicitation.

If there was no responsive and responsible bid from a small or veteran-owned business, the agency will determine the ASB, based on the responsive and responsible bidder that presents the best value total, from all other bids submitted.

https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717 https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717

COMPETITIVE SOLICITATION NO. RFQQ 2024 0911 – STORMWATER TESTING SERVICES PAGE 10

ASB designation does not imply that the ASB will be issued a Contract award.

Rather, this designation allows the awarding agency to perform further analysis and ask for additional documentation. The bidder must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

Upon announcement of ASB(s), bidders may request a debrief conference as specified in Section 5.

3.10. CONTRACT AWARD. Subject to protests, if any, the awarding agency and the ASB will enter into a Contract as set forth in Exhibit D – Contract. An award is made, and a contract formed by signature of the awarding agency and the awarded bidder on the Contract. Following the Contract award, all bidders registered in WEBS will receive a Notice of Award delivered to the bidder’s email address provided in the bidder’s profile in WEBS.

3.11. BID INFORMATION AVAILABILITY. Upon ASB announcement, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2). Upon ASB announcement, all bid evaluations will be posted to WEBS.

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

This section identifies how to prepare and submit your bid for this Competitive Solicitation. In addition, bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that bidders must provide to the Procurement Coordinator to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, bidders acknowledge having read and understood the entire Competitive Solicitation and accept all information contained within this Competitive Solicitation.

4.1. PRE-BID CONFERENCE. The Procurement Coordinator will host a Competitive Solicitation pre-bid conference at the time set forth in Section 1.1 of this Competitive Solicitation. Attendance is not mandatory. Bidders, however, are encouraged to attend and participate. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have. If changes to the Competitive Solicitation are required as a result of the pre-bid conference, the Procurement Coordinator will post an amendment to this Competitive Solicitation to WEBS. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the pre-bid conference is available with prior arrangement by contacting the Procurement Coordinator.

4.2. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator specified in Section 1.2 of this Competitive Solicitation.

Bidders should rely only on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding.

Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow the Procurement Coordinator to consider and, if warranted, respond to the inquiry. If a bidder

COMPETITIVE SOLICITATION NO. RFQQ 2024 0911 – STORMWATER TESTING SERVICES PAGE 11 does not notify the Procurement Coordinator of an issue, exception, addition, or omission, such issue, exception, addition, or omission may be considered to be waived by the bidder for protest purposes.

If bidder inquiries result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

Unauthorized bidder contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in bidder disqualification.

4.3. PRICING. Bid prices must include all cost components needed for the goods and/or services as described in this Competitive Solicitation. See Exhibit C – Bid Price. A bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

a) All travel and per diem shall be included in the unit price.

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

4.4. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to the Procurement Coordinator to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders may not provide unsolicited materials.

For any supplemental materials expressly required by the Procurement Coordinator in writing, bidders must identify such supplemental materials with the bidder’s name.

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

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

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

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

This document is the Bidder’s Certification.

Complete the certification, along with any exceptions or required explanations, and submit it with the bid to the Procurement Coordinator Note: The Certification must be complete. Where there are choices, bidder must check a box. The certification must be signed and submitted by a duly authorized representative for the bidder.

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

This document is required bidder information for the awarding agency’s contract administration purposes.

COMPETITIVE SOLICITATION NO. RFQQ 2024 0911 – STORMWATER TESTING SERVICES PAGE 12

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

EXHIBIT B – PERFORMANCE REQUIREMENTS – ELECTRONIC FILE 1

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

EXHIBIT C – BID PRICE – ELECTRONIC FILE 2

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

EXHIBIT D-1 – CONTRACT ISSUES LIST

This document is a required submittal IF bidder has business issues with the Contract attached as Exhibit D – Contract. If so, bidder must complete and submit to the Procurement Coordinator.

Note, however, that the awarding agency reserves the right not to modify the Contract and to award the Contract on the basis of a bidder’s willingness to agree to the Contract.

o Redlined Documents will NOT be reviewed.

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

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

EXHIBIT E – BIDDER’S DIVERSE BUSINESS INCLUSION PLAN – SUBCONTRACTORS. This exhibit is required only if Bidder will be using subcontractors to perform the Contract. If so, bidder must complete and submit to the Procurement Coordinator. This exhibit outlines the inclusion plan for diverse business subcontractors pertaining to the Contract.

EXHIBIT F – CLIENT REFERENCE FORM(S)

The Procurement Coordinator will receive and review the submitted Client Reference Forms (via Exhibit F- Client Reference Form). A submittal of three (3) Client Reference Evaluations are Mandatory. These must be sent to the Procurement Coordinator by the Bidders’ references directly. These are not submitted by the Bidder.

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4.5. BID FORMAT. Bids must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or electronic signature.

4.6. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to the Procurement Coordinator at the following email address: acoacquisitionsubmittal@wsdot.wa.gov & Marianna.Adams@wsdot.wa.gov

Note: Bidder emails (including attachments) CANNOT exceed 30MB in size (emails that exceed 30 MB in size will not be delivered). Accordingly, Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted. WSDOT will send an acknowledgement of bid receipt. Acknowledgement of bid receipt is not a determination on the bid’s responsiveness. If bidder does not receive an acknowledgement within a reasonable time, it is the responsibility of the Bidder to contact {AGENCY} for acknowledgement of bid receipt.

a. The response should be submitted in two (2) separate electronic files containing what is listed in section 4.4 - Bid Submittal Checklist. The separation of the documentation protects the integrity of the State’s evaluation process. No mention of the cost response/bid price may be made in File 1.

i. ELECTRONIC FILE 1:

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

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

b. An organizational chart of the company;

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

d. Your normal hours of operation;

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

f. Location from which the Bidder would operate;

g. Identify any state employees or former state employees employed or on the firm’s governing board as of the date of the proposal. Include their position and responsibilities within the Bidder’s organization. If following a review of this information WSDOT determines that a conflict of interest exists, the Bidder may be disqualified from further consideration;

h. Provide a statement certifying that the Bidder acknowledges that WSDOT has a policy on Organizational Conflicts of Interest that is implemented by Secretary’s Agency Policy E 1059.00 and the Organizational Conflicts of Interest Manual M 3043. Bidder agrees to abide by WSDOT’s policies as described therein on this contract and any project or contract related to this contract.

mailto:acoacquisitionsubmittal@wsdot.wa.gov

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This provision shall be required to be implemented in all subcontracted agreements;

i. Identify any current elected Washington State Legislature employed or on the firm’s governing board as of the date of the proposal. Include their position and responsibilities within the Bidder’s organization. Any participation as an employee, member of governing board, Contractor or Sub-Contractor must submit to WSDOT, the conflict-of-interest decision from the Washington Legislative Ethics Board prior to contract acceptance;

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

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

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

ii. ELECTRONIC FILE 2:

1. A copy of the Letter of Submittal;

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

3. Exhibit A-2: Bidder’s Profile;

4. Exhibit C: Bid Price;

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

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

iii. Additional Requirements:

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

b. The response must include the signature of an authorized bidder representative, as required, on all documents in the exhibits.

c. Each electronically submitted file shall have the subject line: (bidder name) – procurement number RFQQ 2024 0911- (file 1 or file 2).

d. WSDOT will not reimburse bidders for any costs associated with preparing or presenting a response to this procurement.

4.7. ERRORS IN RESPONSE. Bidders are liable for all errors and omissions contained in their responses. Bidders will not be allowed to alter response documents after the deadline for response submission. WSDOT is not liable for any errors in responses.

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

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SECTION 5 – COMPLAINT, DEBRIEF, & PROTEST REQUIREMENTS

This section details the applicable requirements for complaints, debriefs, and protests.

5.1. COMPLAINTS. This Competitive Solicitation offers a complaint period for bidders wishing to voice objections to this Competitive Solicitation. The complaint period ends five (5) business days before the bid due date. The complaint period is an opportunity to voice objections, raise concerns, or suggest changes that were not addressed during the Question & Answer Period or, if applicable, at the Pre-Bid Conference. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. The Procurement Coordinator will consider all complaints but is not required to modify or cancel the Competitive Solicitation. If bidder complaints result in changes to the Competitive Solicitation, written amendments to the Competitive Solicitation will be issued and posted on WEBS.

a. CRITERIA FOR COMPLAINT. A complaint may be based only on one or more of the following grounds: (a) The Competitive Solicitation unnecessarily restricts competition; (b) The Competitive Solicitation evaluation or scoring process is unfair or flawed; or (c) The Competitive Solicitation requirements are inadequate or insufficient to prepare a response.

b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than five (5) business days prior to the deadline for bid submittal; and (b) Be in writing (see Form and Substance, and Other below). A complaint should clearly articulate the basis of the complaint and include a proposed remedy.

c. RESPONSE. When a complaint is received, the Procurement Coordinator (or designee) will consider all the facts available and respond in writing prior to the deadline for bid submittals, unless more time is needed. The Procurement Coordinator is required to promptly post the response to a complaint on WEBS.

d. RESPONSE IS FINAL. The Procurement Coordinator’s response to the complaint is final and not subject to administrative appeal. Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator prior to bid submittal may be deemed waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a bidder and the awarding agency, through the Procurement Coordinator, to meet and discuss the bidder’s bid (and, as further explained below, is a necessary prerequisite to filing a protest). Following the bid evaluation, the Procurement Coordinator will issue an ASB announcement. The ASB announcement may be made by any means, but the Procurement Coordinator likely will use email to the bidder’s email address provided in the Bidder’s Profile. Bidders will have three (3) business days to request a Debrief Conference, if desired. If a Debrief Conference is timely requested, the Procurement Coordinator will offer the requesting bidder one meeting opportunity and notify the bidder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, the Procurement Coordinator likely will schedule the Debrief Conference shortly after the ASB announcement and the bidder’s request for a Debrief Conference. The Procurement Coordinator will not allow the debrief process to delay the

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Contract award. Accordingly, bidders should plan for contingencies and alternate representatives. Bidders who wish to protest must first participate in a Debrief Conference.

Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. A debrief is a required prerequisite for a bidder wishing to file a protest.

a. TIMING. A Debrief Conference may be requested by a bidder following the Apparent Successful Bidder (ASB) announcement.

b. PURPOSE OF DEBRIEF CONFERENCE. Any bidder who has submitted a timely bid response may request a Debrief Conference (see also Section 5.4 below). A Debrief Conference provides an opportunity for the bidder to meet with the awarding agency, through the Procurement Coordinator, to discuss bidder’s bid and evaluation. It does not provide an opportunity to discuss other bids and evaluations.

c. REQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after the ASB announcement. Debrief conferences may be conducted either in person at the awarding agency or Procurement Coordinator’s offices in Tumwater, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by the Procurement Coordinator, and may be limited by the Procurement Coordinator to a specified period of time. A bidder’s failure to request a Debrief Conference within the specified time and attend the Debrief Conference constitutes a waiver of the right to submit a protest. Any issue, exception, addition, or omission not brought to the attention of the procurement coordinator before or during the Debrief Conference may be deemed waived for protest purposes.

5.3. PROTESTS. Following a Debrief Conference, a bidder may protest the award of a Contract.

a. CRITERIA FOR A PROTEST. A protest may be based only on one or more of the following:

(a) Bias, discrimination, or conflict of interest on the part of an evaluator; (b) Error in computing evaluation scores; or (c) Non-compliance with any procedures described in the Competitive Solicitation.

b. INITIATING A PROTEST. Any bidder may protest an award to the ASB. A protest must: (a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting bidder’s Debriefing Conference (see also Section 5.4 below);

(b) Be in writing; (c) Include a specific and complete statement of facts forming the basis of the protest; and (d) Include a description of the relief or corrective action requested.

c. PROTEST RESPONSE. After reviewing the protest and available facts, WSDOT’s Protest Officer will issue a written response within ten (10) business days from receipt of the protest, unless additional time is needed.

d. DECISION IS FINAL. The protest decision is final and not subject to administrative appeal. If the protesting bidder does not accept WSDOT’s protest response, the bidder may seek relief in Thurston County Superior Court.

5.4. COMMUNICATION DURING COMPLAINTS, DEBRIEFS, AND PROTESTS. With the exception of protests, all communications about this Competitive Solicitation, including complaints and debriefs, must be addressed to the Procurement Coordinator unless otherwise directed. Protests must be addressed to the Protest Officer.

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a. FORM, SUBSTANCE, & OTHER. All complaints, debrief conference requests, and protests must:

i. Be in writing;

ii. Be signed by the complaining, requesting, or protesting bidder or an authorized agent;

iii. Be delivered within the time frame(s) outlined herein;

iv. Identify the Competitive solicitation number;

v. Conspicuously state “Complaint,” “Debrief,” or “Protest” in any subject line of any correspondence or email; and

vi. Be sent to the address identified below.

b. COMPLAINTS & PROTESTS. All complaints and protests must (a) State all facts and arguments on which the complaining or protesting bidder is relying as the basis for its action; and

(b) Include any relevant documentation or other supporting evidence.

5.5. HOW TO CONTACT WSDOT.

a. TO SUBMIT A COMPLAINT. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Complaint” in the subject line of the email message. Alternatively, mail the complaint to the Procurement Coordinator listed in this Competitive Solicitation at the following address:

Attn: Procurement Coordinator – Complaint Contract Services Office

WSDOT

7345 Linderson Way SW Tumwater, WA 98501

b. TO REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Debrief” in the subject line of the email message.

c. TO SUBMIT A PROTEST. Send an email message to the Protest Officer at the following email address: Schatzie.Harvey@wsdot.wa.gov. The email message must include “Protest” and the Solicitation number in the subject line of the email message. Alternatively, mail the protest to the Protest Officer at the following address:

Attn: Protest Officer – Schatzie Harvey- RFQQ 2024 0911 Contracts Services Office

WSDOT

7345 Linderson Way SW Tumwater, WA 98501

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SECTION 6 – DOING BUSINESS WITH THE STATE OF WASHINGTON

This section provides additional information regarding Washington’s Public Records Act and doing business with the State of Washington, including WSDOT’s efforts to enable Washington’s small, diverse, and veteran-owned businesses to compete for and participate in state procurements for goods/services.

6.1. WASHINGTON’S PUBLIC RECORDS ACT – PUBLIC RECORDS DISCLOSURE REQUESTS.

All documents (written and electronic) submitted as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See RCW 42.56, Public Records Act. Bidders are strongly discouraged from unnecessarily submitting sensitive information (e.g., information that bidder might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

If, in bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

In addition, if, in bidder’s judgment, certain portions of bidder’s bid are not statutorily exempt from disclosure but are sensitive because these particular portions of bidder’s bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that bidder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of bidder’s bid that include such sensitive information.

In the event that the awarding agency receives a public records disclosure request pertaining to information that bidder has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, the awarding agency, prior to disclosure, will do the following:

The awarding agency’s Public Records Officer will review any records marked by bidder as statutorily exempt from disclosure.

In those situations, where the designation comports with the stated statutory exemption from disclosure, the awarding agency will redact or withhold the document(s) as appropriate.

For documents marked ‘sensitive’ or for documents where the awarding agency either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, the awarding agency will notify bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that the awarding agency intends to release the document(s) (including documents marked ‘sensitive’ or exempt https://app.leg.wa.gov/RCW/default.aspx?cite=42.56

COMPETITIVE SOLICITATION NO. RFQQ 2024 0911 – STORMWATER TESTING SERVICES PAGE 19 from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining the awarding agency from such disclosure. In the event bidder fails to timely file a motion for a court order enjoining such disclosure, the awarding agency will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information and timely respond after notice of request for public disclosure has been given shall be deemed a waiver by bidder of any claim that such materials are exempt or protected from disclosure.

6.2. SMALL & DIVERSE BUSINESSES. The awarding agency, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders.