RFQQ K13457.pdf

Washington State Department of Corrections

RFQQ K13457 Page 1 of 28

24LL

REQUEST FOR QUOTES & QUALIFICATIONS

RFQQ K13457

AIR TRANSPORTATION SERVICES

RELEASED BY

WASHINGTON STATE

DEPARTMENT OF CORRECTIONS

ISSUE DATE: June 18, 2024

PROPOSAL DUE DATE: July 17, 2024

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TABLE OF CONTENTS

PROJECT TITLE:

1. INTRODUCTION

1.1 PURPOSE

1.2 OBJECTIVE

1.3 MINIMUM QUALIFICATIONS

1.4 FUNDING

1.5 PERIOD OF PERFORMANCE

1.6 RFQQ CONTENTS

2. GENERAL INFORMATION FOR BIDDERS

2.1 RFQQ COORDINATOR

2.2 SCHEDULE OF PROCUREMENT ACTIVITIES

2.3 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.4 REVISIONS TO THE RFQQ

2.5 RIGHT TO CANCEL

2.6 SMALL AND DISADVANTAGED BUSINESSES PARTICIPATION

2.7 ACCEPTANCE PERIOD

2.8 MOST FAVORABLE TERMS

2.9 INCORPORATION OF BID INTO CONTRACT

2.10 COSTS TO PROPOSE

2.11 NO OBLIGATION TO CONTRACT

2.12 REJECTION OF BIDS

2.13 COMMITMENT OF FUNDS

2.14 NO GUARANTEED PAYMENT

2.15 ELECTRONIC PAYMENT

3. INSTRUCTIONS TO BIDDERS

3.1 SUBMISSION OF BIDS

3.2 RESPONSIVENESS

3.3 RESPONDING TO REQUIREMENTS

3.4 BID CONTENTS

Transmittal Letter

Certifications and Assurances Form

3.4.3 Qualifications

3.4.4 Quotations

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3.4.5 Certification of Bid………………………………………………………………………16

3.4.6 Subcontractor Inclusion Plan……………………………………………………………16

3.4.7 Issues List

3.5 PRE-BID CONFERENCE

3.6 VENDOR’S QUESTIONS AND DOC’S RESPONSES

3.7 COMPLAINTS

3.8 DEBRIEFING OF UNSUCCESSFUL BIDDERS

3.9 PROTEST PROCEDURE

4. EVALUATION AND CONTRACT AWARD

4.1 EVALUATION PROCEDURE

4.2 EVALUATION STAGES

Stage 1: Administrative Screening

Stage 2: Evaluation

Stage 3: Oral Presentation (at DOC’s option) and Determination of the Lowest Responsive and Responsible Bidder

Stage 4: Contract Negotiations & Selection of the Apparent Successful Bidder

4.3 EVALUATION AND RANKING

4.4 REFERENCE CHECKS

4.5 LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

4.6 BEST AND FINAL OFFERS (BAFO)

4.7 AWARD

4.8 DOC NEGOTIATION PROCEDURES

4.8.1 Final Written Offer

4.9 APPARENT SUCCESSFUL BIDDER (ASB)

4.10 EXECUTION OF CONTRACT AND COMMITMENT OF FUNDS

4.11 WAIVE MINOR ADMINISTRATIVE IRREGULARITIES

4.12 ERRORS IN BID

4.13 NOTIFICATION TO BIDDERS

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STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS

TUMWATER, WASHINGTON

REQUEST FOR QUOTES & QUALIFICATIONS

RFQQ NO. K13457

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

PROJECT TITLE:

Air Transportation Services

1. INTRODUCTION

1.1 PURPOSE

The Washington State Department of Corrections (DOC) is issuing this Request for Quotes and

Qualifications (RFQQ) to solicit bids from vendors interested in providing air transportation services to DOC for offenders who do not qualify for escorted transportation on public carriers.

1.2 OBJECTIVE

The objective of this RFQQ is to identify one or more vendors who are capable of providing air transportation services within the United States of America, including Alaska and Hawaii. The original contract term will be for a period of one year and may be extended for up to six years upon mutual agreement. The successful Bidder will provide a suitable aircraft and flight crew (i.e. pilot and co-pilot) to be used to transport DOC custody staff and offenders on an as needed basis, with a minimum of seven days advanced notice given to the Contractor.

Annual flight volume is expected to be approximately ten flights.

1.3 MINIMUM QUALIFICATIONS

BIDDERS WHO DO NOT MEET THESE MINIMUM REQUIREMENTS SHALL HAVE THEIR

RESPONSE DEEMED NON-RESPONSIVE AND WILL NOT RECEIVE FURTHER CONSIDERATION.

The Bidder must be licensed to do business in the state of Washington and able to provide licensed pilots/co-pilots to operate the aircraft while under contract. All aircraft used under contract must be inspected after every 100 hours of flight and have a current annual inspection approved by FAA certified mechanics.

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Records should be available upon the request of DOC. Pilots will have a minimum of 1,000 hours of flight at the time they are flying DOC personnel and offenders. A copy of the Pilots Log Book will be made available upon request. All aircraft shall be equipped with an Emergency Locator Transmitter and oxygen.

The Bidder must be able to provide, upon seven (7) days advance notice from DOC, transportation services with one or more aircraft, each with a minimum passenger capacity of seven (7), that will be used to transport DOC offenders from Boeing Field, Seattle, WA to locations within the United States of America with a maximum of one-stop for refueling. The Bidder must be willing and able to allow DOC personnel to possess and use security equipment on an as needed basis during flight, including electronic immobilization devices and firearms.

All flights will be scheduled and operated in accordance with 1544.219 carriage of accessible weapons and

1544.221 carriage of prisoners under the control of armed law enforcement officer and any future amendments to these regulations during the term of the contract.

1.4 FUNDING

The overall budget for this project shall be $250,000.

Any contract(s) awarded as a result of this procurement is contingent upon the availability of funding.

1.5 PERIOD OF PERFORMANCE

The initial period of performance of any contract resulting from this RFQQ is tentatively scheduled to begin on or about September 1, 2024 and to end on August 31, 2025. The contract may be extended beyond the expiration of the initial term by a written amendment.

1.6 RFQQ CONTENTS

RFQQ K13457

EXHIBIT A – Certifications and Assurances

EXHIBIT B – Certification of Bid

EXHIBIT C – Subcontractor Inclusion plan

EXHIBIT D – Issues List

EXHIBIT E – Contract Model

EXHIBIT E(1) – General Terms and Conditions

2. GENERAL INFORMATION FOR BIDDERS

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2.1 RFQQ COORDINATOR

The RFQQ Coordinator is the sole point of contact in DOC for this procurement. Upon posting of this RFQQ, all communication between Bidders and DOC shall be with the following RFQQ

Coordinator:

Name Lixin Lin

E-Mail Address docRFQQresponse@doc.wa.gov

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

Communication directed to anyone other than the RFQQ Coordinator may, at the RFQQ

Coordinator’s discretion, result in disqualification of the Bidder. Bidders are to rely only on written statements issued by the RFQQ Coordinator and postings on WEBS which can be accessed at: https://pr-webs-vendor.des.wa.gov.

2.2 SCHEDULE OF PROCUREMENT ACTIVITIES

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

Failure to meet the deadline to submit the bids will result in disqualification from participation in the procurement. All times are local at Tumwater, WA.

RFQQ issued by posting on WEBS

June 18, 2024

RSVP Deadline for Prebid Conference July 1, 2024

4:00 PM

Prebid Conference July 2, 2024

Deadline for RFQQ coordinator to receive vendors’ emailed questions about this RFQQ July 3, 2024

4:00 PM

Date by which answers to vendors’ written questions will be posted on

WEBS as an Amendment to this RFQQ

July 8, 2024

Date by which complaints about this RFQQ must be received

July 10, 2024

4:00 PM

Deadline for Bidders to submit bids to RFQQ coordinator by email

July 17, 2024

4:00 PM

Selection of Successful Bidders who will move on to the Oral

Presentation stage

July 24, 2024 mailto:docRFQQresponse@doc.wa.gov https://pr-webs-vendor.des.wa.gov/

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Oral Presentations & Reference Checks (optional at DOC’s discretion)

July 24, 2024

Selection of the "Lowest Responsive and Responsible Bidder" July 30, 2024

Complete Contract Negotiations August 1, 2024

Notification of the “Apparent Successful Bidder”

August 2, 2024

Deadline for debriefing requests (note that a debriefing is a prerequisite for submitting a protest) August 7, 2024

Deadline for Bidder protests August 14, 2024

Date by which the DOC must respond to a protest

August 28, 2024

Contract execution

August 30, 2024

2.3 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

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

DOC.

DOC is subject to Chapter 42.56 RCW, the Public Records Act. All Bids received shall remain confidential until announcement of the Apparent Successful Bidder; thereafter, the Bids shall be deemed public records as defined in the Public Records Act.

Any information contained in the Bid that is proprietary or confidential must be clearly designated. Each page claimed to be exempt from disclosure must reference the specific basis claimed under Chapter 42.56 RCW, the Public Records Act or other state or federal law that provides for the nondisclosure of any information in the Bid. Any portion which the Bidder claims to be proprietary, confidential, or exempt from disclosure must be clearly identified by the word “Proprietary” or “Confidential” printed on the lower right-hand corner of the page.

Marking of the entire Bid or entire sections of the Bid as proprietary or confidential will not be accepted or honored. Marking of the Quotations section as proprietary or confidential will not be accepted or honored. Any attempts to restrict disclosure through use of footers on every page and/or statements restricting disclosure will not be honored and may subject the Bidder to disqualification.

To the extent consistent with Chapter 42.56 RCW, the Public Records Act, DOC shall maintain http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56

RFQQ K13457 Page 8 of 28 the confidentiality of the Bidder’s information marked confidential or proprietary. If a request is made to view Bidder’s confidential or proprietary information, DOC will notify Bidder of the request and of the date that the records will be released to the requester unless Bidder obtains a court order enjoining that disclosure or the requester and Bidder reach an agreement on the extent of such disclosure, which agreement will be forwarded to DOC by the requester prior to DOC’s date for the proposed disclosure. If Bidder fails to obtain the requester’s agreement or a court order enjoining disclosure, DOC will release the requested information on the date specified.

A charge will be made for copying and shipping, as outlined in Chapter 42.56 RCW, the Public

Records Act. Requests for records pursuant to the Public Records Act must be submitted to

DOC’s Public Records Officer (DOCPublicDisclosureUnit@doc.wa.gov).

2.4 REVISIONS TO THE RFQQ

In the event it becomes necessary to revise any part of this RFQQ, addenda will be provided via e-mail to all Bidders who have provided their contact information to the RFQQ

Coordinator. In addition, addenda will be published on WEBS. Questions and answers and any other pertinent information shall be considered an addendum to the RFQQ and also placed on WEBS. If the Bidder downloads this RFQQ from WEBS, located at https://pr-webs-vendor.des.wa.gov, it is incumbent upon Bidder to either check the above-listed website or to notify the RFQQ Coordinator of Bidder’s interest in receiving any revisions via e-mail.

2.5 RIGHT TO CANCEL

DOC reserves the right to cancel or reissue this RFQQ, in whole or in part, at any time without obligation or liability. If DOC determines that one or more Bidders did not comply with the requirements of a particular Stage of the procurement, DOC reserves the right to cancel that

Stage and/or all affected Stages, and require all Bidders to re-perform the Stage or affected

Stages.

2.6 SMALL AND DISADVANTAGED BUSINESSES PARTICIPATION

In accordance with the legislative findings and policies set forth in RCWs 39.26.005, 39.26.090, 39.26.240, 39.26.245, 39.19, and 43.60A.200, the state of Washington encourages participation by small businesses, veteran-owned businesses, and Minority-Owned and Women-Owned

Business Enterprises (MWBEs). Participation by small businesses, veteran-owned businesses, and MWBEs may be either on a direct basis as a bidder or as a subcontractor to a Bidder. While the State does not give preferential treatment, it does seek equitable representation from these business communities. No minimum level of MWBE or veteran-owned business participation https://pr-webs-vendor.des.wa.gov/home.html https://pr-webs-vendor.des.wa.gov/home.html

RFQQ K13457 Page 9 of 28 shall be required, and responses will not be evaluated, rejected, or considered non-responsive on that basis. Nothing in this section is intended to prevent or discourage participation from non-MWBEs or non-veteran-owned businesses.

▪ OMWBE Certification. Bidders may contact the Washington State Office of Minority and

Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and

Women-Owned certified firms, state and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at

OMWBE. Bidders may provide their certification information in the Bids under the section of Qualifications, Business Information.

▪ WDVA Certification. Bidders may contact the Washington State Department of Veterans’

Affairs (WDVA) for information regarding Certified Veteran-Owned businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone,

(360) 725-2169, or through their website at WDVA. Bidders may provide their certification information in the Bids under the section of Qualifications, Business Information.

▪ Washington Small Businesses. Bidders may contact DOC about small and diverse business inclusion and qualification as a Washington Small Business. If you qualify as a Washington

Small Business, identify yourself as such in WEBS. Call WEBS Customer Service at 360-

902-7400. Bidders may provide information about their Washington Small Business status in the Bids under the section of Qualifications, Business Information.

2.7 ACCEPTANCE PERIOD

Bids must provide at least one hundred twenty (120) days for acceptance by DOC from the due date for the receipt of Bids.

2.8 MOST FAVORABLE TERMS

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

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

Responsible Bidder, DOC reserves the right to enter into contract negotiations with the Lowest

Responsive and Responsible Bidder, which may include discussion regarding the terms of the

Bid.

DOC reserves the right to negotiate with the next highest ranked Bidder and to contract with that Bidder if a contract is not signed by the Lowest Responsive and Responsible Bidder within ten (10) business days after a Contract is presented by DOC.

http://www.omwbe.wa.gov/ http://www.omwbe.wa.gov/ http://www.omwbe.wa.gov/ https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search https://www.dva.wa.gov/veterans-their-families/veteran-owned-businesses/vob-search http://www.dva.wa.gov/

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2.9 INCORPORATION OF BID INTO CONTRACT

This RFQQ document (including any addenda and amendments), Bidder’s Bid (including any submissions made by Bidder to DOC after the Bid is submitted), electronic recordings of the oral presentation and the presentation materials, and any commitments made by the Bidder at the oral presentation (if any) will become part of the representations and warranties of Bidder in the Contract and will be incorporated into and become attached to the Contract.

Bidders cannot treat the Bid as a “marketing” document, as it will become part of the contractual commitment of the Bidder. Bidders’ subject matter experts, project team, technical staff, and others, as appropriate, must be involved to ensure that all responses in the Bidder’s

Bid are accurate, and can support the representations and warranties reflected in the Contract that are part of this RFQQ.

Any disclaimer or other language contained in a Bid that differs from the requirements described in this section will be disregarded by DOC and deemed to have no force or effect. If

Bidder rejects the incorporation of any of the above materials into the resulting Contract, DOC will disqualify Bidder.

2.10 COSTS TO PROPOSE

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

2.11 NO OBLIGATION TO CONTRACT

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

2.12 REJECTION OF BIDS

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

2.13 COMMITMENT OF FUNDS

The Secretary of DOC or delegate are the only individuals who may legally commit DOC to the expenditure of funds for a contract resulting from this RFQQ. No costs chargeable to the proposed Contract may be incurred before receipt of a fully executed contract. No payments in advance or in anticipation of services to be provided under this contract shall be made by

DOC.

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2.14 NO GUARANTEED PAYMENT

Under the contract(s) awarded as a result of this procurement, DOC will pay the contractor(s) for the services received. There is no guaranteed payment.

2.15 ELECTRONIC PAYMENT

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

3. INSTRUCTIONS TO BIDDERS

3.1 SUBMISSION OF BIDS

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

The Bid is to be sent to the RFQQ Coordinator, who is DOC’s sole point of contact for this procurement, at the email address noted in Section 2.1. The Bid must be received by DOC no later than 4:00 P.M. PST, on July 17, 2024.

3.2 RESPONSIVENESS

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

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

3.3 RESPONDING TO REQUIREMENTS

The Bidder must provide clear, concise, direct, detailed and specific responses to each item.

Except where explicitly requested, do not submit marketing materials, white papers, brochures, customer testimonials, product or cut sheets, or other pre-printed materials in response to the requirements. Any such references will be disregarded by DOC. For requirements that state:

“Describe …”, “Describe how . . .”, “Explain . . .”, or similar open-ended references, Bidder must respond with information as to how Bidder’s solution specifically meets the unique requirements or needs or solves the described problem.

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Failure to provide any requested information in the prescribed format may result in disqualification of the Bidder. However, Bidders are allowed to make changes to a response form’s font types, font sizes, page orientation, headers and/or footers, and spacing.

Figures and tables must be numbered and referenced in the text of the Bid by that number.

Foldouts containing charts, spreadsheets and oversize exhibits are permissible.

The Bidder must respond to each requirement. If a requirement cannot be/is not met by

Bidders’ Bid, bidder must explicitly state that it does not meet the requirement. Leaving any requirements blank, without any response, will result in a DOC evaluation of “Fail” for the requirement. A failure evaluation may cause the entire response to be eliminated from consideration. A failure evaluation will not automatically be a basis for disqualification if a

Bidder provides a response that it believes complies with the requirement, but that DOC determines either partially meets or does not meet the requirement. DOC reserves the right to discuss with the Bidder how the proposed solution can meet or better meet DOC’s requirement.

The Bidder should include information in its response that is critical to service delivery and provide competitive advantage. DOC does not desire highly conceptual responses. DOC desires responses that are brief, clear, and directly address the specific requirement.

The Bidder must respond to requirements by providing the Bidder’s response as directed by the requirements document. The explanations in the Bidder’s Response will only be reviewed by

DOC for evaluation purposes, and will not operate to diminish the assurances provided elsewhere in the Bid. DOC reserves the right, in its sole discretion, to remove or require the removal of any or all the explanations in the Bidder’s Response when incorporating the response into the Contract documents. Any information set forth in the Bidder’s Response that identifies how Bidder intends to meet a requirement or references optional ways or means by which

Bidder may approach or address a requirement will not affect Bidder’s obligation to meet the requirement.

The Bidder has an opportunity to ask questions and seek clarifications of DOC requirements prior to the submission of the Bid. Accordingly, DOC reserves the right to disregard any assumption or qualification in the Bid and score the response based on our intended meaning of the requirement.

Any indication that a requirement “can be”, “could be”, or “may be” (or similar phrases) addressed using an option or approach shall nonetheless mean that Bidder can satisfy the applicable requirement.

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3.4 BID CONTENTS

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

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

1. Transmittal Letter;

2. Certifications and Assurances (EXHIBIT A);

3. Qualifications;

4. Quotation;

5. Certification of Bid (EXHIBIT B);

6. Subcontractor Inclusion Plan (If required – See Exhibit for instructions) (EXHIBIT C);

7. Issues List (EXHIBIT D).

Transmittal Letter

The Transmittal Letter must:

1. Be addressed to the DOC RFQQ Coordinator identified in Section 2.1.

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

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

4. Contain the following items in the following order:

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

Bid. Identification of all page numbers and Sections of the Bidder’s Bid

RFQQ K13457 Page 14 of 28 that are marked as containing Confidential or Proprietary Data, with a statement of the basis for each claim of exemption or the particular exception from disclosure upon which the Bidder is making the claim.

Certifications and Assurances Form

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

3.4.3 Qualifications

The services to be provided under this project are: air transportation services. The qualifications section of the proposal must contain information that demonstrates the access of the bidder to appropriate aircraft and crew to make the requested trips.

3.4.3.1 Business Information (Mandatory)

A. State the name of the Bidder and subcontractor, address, phone number, fax number, e-mail address, legal status of entity (ownership) and year entity was established as it now substantially exists.

B. Provide the Bidder and subcontractor’s Federal Employer Tax

Identification number or Social Security number and the Washington

Uniform Business Identification (UBI) number issued by the state of

Washington Department of Revenue.

C. Indicate how many licensed pilot employees are with the Bidder and subcontractor, respectively.

D. Identify any state employees or former state employees employed by the Bidder or subcontractor, or on the Bidder or subcontractor’s governing board as of the date of the proposal. Include their position and responsibilities within the Bidder or subcontractor’s organization. If following a review of this information, it is determined by DOC that a conflict of interest exists, the Bidder may be disqualified from further consideration for the award of a contract.

E. If the Bidder’s staff or subcontractor’s staff was an employee of the state of Washington during the past 24 months, or is currently a Washington State employee, identify the individual by name, the department previously or

RFQQ K13457 Page 15 of 28 currently employed by, job title or position held, and separation date.

F. If the Bidder or subcontractor has had a contract terminated for default in the last five years, describe such incident. Termination for default is defined as notice to stop performance due to the Bidder or subcontractor’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Bidder or subcontractor, or (b) litigated and such litigation determined that the Bidder or subcontractor was in default.

G. Submit full details of the terms for the aforementioned default, including the other party's name, address, and phone number. Present the

Bidder or subcontractor’s position on the matter. DOC will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If no such termination for default has been experienced by the

Bidder or subcontractor in the past five years, so indicate.

H. Indicate the Bidder or subcontractor’s ARGUS rating. An Argus rating of Gold or higher is preferred.

I. Provide information about the Bidder and subcontractor’s OMWBE certification, WDVA certification and Washington Small Business status, if applicable.

3.4.3.2 Experience (Ranked)

A. Describe the air charter services provided by the Bidder and subcontractor that indicate the ability to provide the services described in this

RFQQ.

B. Describe the Bidder and subcontractor’s experience working with governmental agencies.

C. List names, addresses, telephone numbers, fax numbers and e-mail addresses of three business references for whom work has been accomplished and briefly describe the type of service provided for them. By submitting a proposal in response to this RFQQ, the vendor and team members grant permission to DOC to contact these references and others, who from DOC’s perspective, may have pertinent information. DOC may or may not, at its discretion, contact references. Do not include current DOC staff as references.

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3.4.3.3 Operational and Employee Capabilities (Ranked)

A. List all aircraft owned or available for use under this contract. Please include make and model of the aircraft, passenger capacity limit, maximum distance the aircraft can travel before stopping to refuel and average speed of the aircraft.

B. Provide names, license information and total flight hours of each pilot who would be operating aircraft under this contract.

C. Please indicate your capability to provide a secure hangar for the loading and offloading of offenders.

D. Please indicate your capability of scheduling a flight departing from

Boeing Field with seven (7) days advanced notice.

3.4.4 Quotations

3.4.4.1 Identification of Costs (Ranked)

Vendors are asked to submit a cost proposal that consists of a fully burdened, all inclusive hourly rate (factoring in any additional fees, charges, surcharges) to provide the round trip flight(s) described herein.

Cost proposals must be valid for one hundred twenty (120) days to allow time for evaluation, bid award, and contract.

Bidders are required to collect and pay Washington State taxes as applicable.

The evaluation process is designed to award this procurement not necessarily to the Bidder of least cost, but rather to the Bidder whose proposal best meets the requirements of this RFQQ. Bidders are encouraged, however, to submit proposals which are consistent with state government efforts to conserve state resources.

3.4.5 Certification of Bid

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

Bid.

3.4.6 Subcontractor Inclusion Plan

Bidders who intend to utilize subcontractors to perform work in this RFQQ must read the Subcontractor Inclusion Plan instructions and complete the accompanying form

(Exhibit C) and return the completed form with the Bid.

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3.4.7 Issues List

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

EXHIBIT D. If Bidder has no issues, concerns, exceptions, or objections about any of the terms or conditions contained in the Contract documents provided in this RFQQ, the

Bidder must state so on the form.

Issues, concerns, exceptions, or objections about any of the terms or conditions contained in the Contract Model (EXHIBIT E) and/or General Terms & Conditions (EXHIBIT E(1)) must be documented by the Bidder in the Issues List. The Issues List response must set out by section or paragraph a description of each issue, concern, exception, and/or objection. EXHIBIT D, Issues List, sets forth the Issues List template to be used for the response. An Issues List must be provided for the Contract Model and the General Terms and Conditions. Bidders will need to submit the Issues List on behalf of their

Subcontractors.

In completing the Issues List, Bidder must describe, in business terms and not in proposed Contract or legal language, the issue, concern, exception or objection it has and then propose a compromise that is reasonable in light of the commitment being sought by DOC. The Issues List must provide the reason or rationale supporting the issue, concern, exception, or objection. Simply stating that a paragraph is "not acceptable" or supplying proposed Contract terms without describing (in business language) the reason or rationale will be considered non-responsive. If the Issues List fails to identify a particular term or condition, the term or condition will be deemed accepted, and DOC will not negotiate further changes to such paragraphs or sections. The Issues List provided to DOC must be attached to Bidder’s Bid in an unrestricted, editable Microsoft

Word format.

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

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

3.4.7.1 Contract Model and General Terms & Conditions

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

RFQQ K13457 Page 18 of 28 attached as EXHIBIT E and the General Terms and Conditions attached as EXHIBIT E(1). In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation.

The Bidder may use the Issues List to submit exceptions to the contract documents. DOC will review requested exceptions and accept or reject the same at its sole discretion. Such exceptions will be reviewed and negotiated after selection of the Lowest Responsive and Responsible

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

3.4.7.2 Redlined Bids

Redlined Documents Will Not Be Reviewed: The Issues List is the mechanism to communicate issues and concerns on the Contract documents. Do not provide in the Bid, the Issues List, or otherwise, a redlined contract, paragraph or clauses. Redlined text will only require DOC to make potentially inaccurate assumptions about what

Bidder's specific issues or concerns might be. Redlined text will not be reviewed by DOC.

3.4.7.3 Bidder’s Standard Contract or Proposed Language

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

Bid.

3.4.7.4 No Substantial Changes to Material Terms

Bidders are reminded that this is a competitive solicitation for a public contract and that DOC cannot accept a Bid or enter into a Contract that substantially changes the material terms and specifications published in this RFQQ.

3.4.7.5 Use of the Issues List

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

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The Issues List will be used initially to determine the responsiveness of the Bid. Bids that are contingent upon DOC making substantial changes to material terms and specifications published in the RFQQ will be determined to be non-responsive. DOC will consider the number and nature of the items on the Bidder's Issues List in determining the likelihood of completing a Contract with the Bidder.

Unresolved issues regarding the material business terms of the

Contract documents may affect DOC’s selection of Bidders to advance to the next stage of the procurement.

3.5 PRE-BID CONFERENCE

At the date and time set forth in the schedule of procurement, DOC will host a virtual pre-bid conference via Microsoft Teams to address questions, clear up ambiguities, respond to issues or concerns, and establish a common basis for understanding the solicitation requirements in this

RFQQ. Bidder attendance at this pre-bid conference is optional. Bidders that wish to attend the pre-bid conference should review this RFQQ in its entirety, come prepared with questions or concerns to discuss with the Coordinator, DOC representatives, and other interested Bidders.

The pre-bid conference will only be held if one or more Bidders RSVP to the Coordinator by the

RSVP deadline set forth in the schedule of procurement. The pre-bid conference will be held via

Microsoft Teams which allows for participation by video or by phone. Bidders that send a timely

RSVP will be emailed the meeting link and call details prior to the scheduled pre-bid conference.

The pre-bid conference will not be recorded.

DOC considers all oral communications unofficial and non-binding on DOC, including those communications made during the pre-bid conference. Bidders should rely only on written statements issued by the Coordinator or posted to WEBS. The Coordinator will gather questions during the pre-bid conference and, where appropriate, issue an official response via an amendment posted to WEBS.

3.6 VENDOR’S QUESTIONS AND DOC’S RESPONSES

Vendors may submit written questions and requests for clarification pertaining to this RFQQ to the RFQQ coordinator identified in Section 2.1.

Vendor's questions must be in writing and sent by email. Questions received after the deadline date stated in the schedule of procurement (Section 2.2) will not be answered. DOC will attempt to answer all questions received provided that they are received by DOC before the deadline.

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

https://pr-webs-vendor.des.wa.gov and sent via email to each vendor. Authors of questions will not be identified in this published document.

DOC's response as set forth in the published vendor's questions shall take precedence over the

RFQQ if a conflict exists between the two documents.

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

3.7 COMPLAINTS

Vendors may submit a complaint by email to the RFQQ Coordinator by the complaint deadline identified in Section 2.2. The purpose of the complaint process is to settle unresolved vendor issues or concerns that either were not or could not be resolved during the question and answer period. Vendors are expected to raise any issues they have concerning the RFQQ early in the

RFQQ process. If a vendor believes the RFQQ unnecessarily restricts competition, contains inadequate or insufficient requirements, or utilizes an evaluation process that is unfair or flawed, the Bidder may submit a formal written complaint to the RFQQ Coordinator. The complaint process allows vendors to focus on the solicitation requirements and evaluation process and raise issues with these processes early enough to allow DOC to correct a problem before bids are submitted and time expended on evaluations. DOC’s Contracts Administrator will review the complaint and during this time the solicitation process may continue. If DOC does not find merit in the complaint, no further action will be taken. If DOC finds merit with the complaint, DOC may take steps to intervene, such as requiring modification of solicitation requirements, modification of the schedule, or withdrawal of the RFQQ. The response to complaints, including any changes to the solicitation, will be posted on WEBS. The resulting decision is final with no further administrative appeal available. A complaint may not be raised again during the protest period.

3.8 DEBRIEFING OF UNSUCCESSFUL BIDDERS

Upon request, a debriefing conference will be scheduled with an unsuccessful Bidder. The request for a debriefing conference must be received by the RFQQ Coordinator within three

(3) business days after the date on which the Bidder is notified of the Apparent Successful

Bidder. The debriefing must be held within three (3) business days of the Bidder’s request.

http://www.ga.wa.gov/Business/index.html http://www.ga.wa.gov/Business/index.html

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Discussion at a debriefing conference is limited to a critique of the requesting Bidder’s Bid.

Comparisons between Bids or evaluation of other Bids is not allowed. Debriefing conferences will be conducted by telephone and scheduled for a maximum of 30 minutes.

3.9 PROTEST PROCEDURE

This procedure is available to Bidders who have submitted a response to this procurement document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Bidder is allowed five (5) business days to file a protest of the procurement with the RFQQ Coordinator. Protests shall be submitted by email, and followed by a signed original sent by mail.

Bidders protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders in this procurement.

All protests must be in writing and signed by the protesting party or an authorized Agent. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the RFQQ Coordinator.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

• A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

• Errors in computing the score, if any;

• Non-compliance with procedures described in the procurement document or DOC policy.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a Bid, or 2) DOC’s assessment of its own needs or requirements.

Upon receipt of a protest, a protest review will be held by DOC. The DOC Contracts

Administrator or an employee delegated by the Contracts Administrator who was not involved in the procurement will consider the record and all available facts and issue a decision within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Bidder that submitted a Bid, such Bidder will be given an opportunity to submit its views and any relevant information on the protest

RFQQ K13457 Page 22 of 28 to the RFQQ Coordinator.

The final determination of the protest shall:

• Find the protest lacking in merit and uphold DOC’s action; or

• Find only technical or harmless errors in DOC’s acquisition process and determine the

DOC to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide DOC options which may include:

– Correct the errors and re-evaluate all Bids, and/or

– Reissue the solicitation document and begin a new process, or

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

If DOC determines that the protest is without merit, DOC will enter into a Contract with the

Apparent Successful Bidder. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

4. EVALUATION AND CONTRACT AWARD

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

4.1 EVALUATION PROCEDURE

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

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

4.2 EVALUATION STAGES

Stage 1: Administrative Screening

Bids will be reviewed by the RFQQ Coordinator to determine, on a pass/fail basis, compliance with administrative requirements as specified in Section 3, Instructions to Bidders, and the

Certification of Bid (EXHIBIT B). The DOC evaluation team will only evaluate Bids meeting these requirements.

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Stage 2: Evaluation

The DOC evaluation team will evaluate the submitted materials. The evaluation team will take into consideration the overall evaluation, the business information, the Issues List, and references when selecting the participants for Stage 3. There is no set number of Bidders who will advance to Stage 3. The RFQQ Coordinator will notify Bidders whether or not their bids are moving forward to the next stage. Bidders who do not initially move to the next stage may later be invited to move forward.

Stage 3: Oral Presentation (at DOC’s option) and Determination of the Lowest Responsive and Responsible Bidder

DOC may, at its option, ask select Bidders to participate in an oral presentation.

DOC will identify one Bidder as the Lowest Responsive and Responsible Bidder (LRRB) to participate in Stage 4 based on the overall assessment of the Bidders.

Stage 4: Contract Negotiations & Selection of the Apparent Successful Bidder

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

4.3 EVALUATION AND RANKING

The DOC evaluation team will consider all three aspects of the Bids, i.e., Experience (Section 3.4.3.2), Operational and Employee Capabilities (Section 3.4.3.3) and Quotation (Section 3.4.4.1) for evaluation and rank the Bidders accordingly to determine the LRRB. The Bids will not be scored.

4.4 REFERENCE CHECKS

Reference checks of Bidders and their subcontractors will be conducted at DOC’s discretion during Stage 3.

Each reference check will receive a PASS or FAIL Score. DOC reserves the right to disqualify a

Bid and withdraw it from consideration if a Bidder receives a FAIL score.

4.5 LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

Based upon the activities in Stage 3 and consistent with RCW 39.26.160, DOC will make a determination of the Lowest Responsive and Responsible Bidder who will advance to Stage 4.

In Stage 4, DOC will undertake negotiations with the Lowest Responsive and Responsible

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Bidder to determine final Contract terms, and to determine if the Bid may be improved in terms of best value to DOC.

At the successful conclusion of negotiations with the Lowest Responsive and Responsible

Bidder, DOC will require that Bidder to submit a signed Contract.

If, after a reasonable period of time, DOC cannot reach agreement on acceptable Contract terms with the Lowest Responsive and Responsible Bidder, DOC may suspend negotiations and undertake negotiations with the next Lowest Responsive and Responsible Bidder as determined by the evaluations in all Stages. Alternatively, DOC may request Best and Final

Offers (BAFOs) from all Responsive and Responsible Bidders, or cancel the procurement.

4.6 BEST AND FINAL OFFERS (BAFO)

Once a Bid has been submitted, Bidders will not be allowed to make material changes to those

Bids unless they receive a request for a BAFO from DOC. The circumstances under which a

BAFO may be requested are described in this section.

At any time after the completion of Stage 2, DOC may notify all remaining Responsive and

Responsible Bidders that DOC will require them to submit BAFOs. The notice will be in writing and will set a specific time and date by which the BAFO must be submitted to DOC. The BAFO notice may set additional conditions and requirements for the submission of the BAFO. The notice will advise Bidders that the BAFO shall be in writing. The BAFO Notice will be posted on WEBS. Prior to the closing date for the submission of BAFOs DOC may, at DOC’s discretion, engage in discussions with all remaining Responsive and Responsible Bidders regarding how

Bidders can make their Bids more responsive to the selection criteria in the RFQQ. All Bidders shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of Bids, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining BAFOs. In conducting discussions, there shall be no disclosure of any information derived from Bids submitted by competing Bidders.

Evaluation of BAFOs and selection of a Successful Bidder will be based upon the evaluation criteria set out in the RFQQ. Terms proposed as part of a BAFO must be substantially in accordance with the terms requested in this RFQQ and may not materially alter the requirements of the RFQQ.

At the conclusion of negotiations with the Lowest Responsive and Responsible Bidder, DOC will require that Bidder to submit a signed Contract as a BAFO pending acceptance.

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4.7 AWARD

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

Responsible Bidder whose Bid, in the sole opinion of DOC, offers the greatest benefit to DOC.

Depending on the number of Responsive and Responsible Bidders in this procurement, one or more vendors may be awarded with contract(s). The decision will be based on consideration of the total best value, including, but not limited to, the responsiveness of the Bid to the requirements as set forth in the RFQQ, the competence and responsibility of the Bidder, quality of service, breadth and depth of offering, the strength and form of contractual commitments made by Bidder to DOC and total cost. In making an award DOC may consider:

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

(b) quality of professional personnel.

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

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

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

5. The extent to which the Bid satisfies the needs of DOC as specified in the RFQQ documents, including: (a) the relative quality of the product or service proposed by the Bidder; (b) quality and effectiveness of the proposed business solution and approach; and (c) innovative use of current technologies.

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

Project; and (b) the extent to which the Bid provides competitive pricing, economies, and efficiencies.

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

8. Whether the Bid encourages diverse contractor participation.

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

DOC reserves the right to award the Contract to the Bidder whose Bid is deemed to be in the best interest of DOC and the state of Washington. Hence, the lowest bid may not be awarded

RFQQ K13457 Page 26 of 28 the contract.

DOC will notify the Apparent Successful Bidder of its selection in writing, and will also announce the Apparent Successful Bidder on Washington’s Electronic Business Solution

(WEBS), https://pr-webs-vendor.des.wa.gov. Bidders whose Bids were not selected for award will be notified separately by email from the RFQQ Coordinator.

This RFQQ and the award of any resulting Contract…