SWR2503 - HMA - Area 3.docx

Request for Quote (RFQ)

Solicitation Title:

SWR2503 – Hot Mix Asphalt: Area 3

Date Posted:

01/31/2025

Solicitation Number:

SWR2503

Bid Due Date and Time:

03/06/2025 4:00 PM PST

Procurement Coordinator Name: Eugene Onyango Email Address: eugene.onyango@wsdot.wa.gov Phone: 360-558-0417

The Procurement Coordinator is the SOLE POINT OF CONTACT for this solicitation. All communication between suppliers and WSDOT shall be with the Procurement Coordinator only.

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

Description of Requirement The Washington State Department of Transportation (WSDOT) Southwest Region is seeking a quote (RFQ) for Hot Mix Asphalt products (HMA) for Southwest region Area 3.

Contract Term The initial term of this contract is one year from March 14, 2025, through March 14, 2026, with the option to extend for additional term(s) or portions thereof. Extension for each additional term shall be offered at the sole discretion of WSDOT and are subject to written mutual agreement. The total contract term, including the initial term and all subsequent extensions, shall not exceed six years from original contract date unless an emergency exists and/or special circumstances require a partial term extension. WSDOT reserves the right to extend with some or all of the awarded vendors determined solely by WSDOT.

All HMA vendors in the following counties or who serve any of the following counties are encouraged to submit a bid: Clark, Cowlitz, Lewis, and Skamania.

Material Specification WSDOT’s preferred product is state spec HMA CL 3/8 in. w/ PG 58H-22 oil (V binder also accepted) or equivalent. However, WSDOT will accept alternate HMA already being produced for a local Agency or State projects.

Bids for the below listed hot mix asphalt products must be provided on the RFQ form included in this solicitation package:

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

Maintenance Supervisor, lead, or designee shall conduct a complete review of the specifications and condition upon collection as they see fit. Any discrepancies will be brought to the vendor for remedy.

All asphalt batches purchased must be 350 degrees F at the time of collection. Material temperature will be checked and verified at time of collection.

Material shall be quoted, ordered, and paid for by the Ton.

Pick-up receipts containing required information must be signed by an agency representative.

Award Criteria for item(s): To reduce costs to the State, bid may be awarded to multiple vendors based upon location of product, WSDOT costs of mobilization to job sites, and/or asphalt plant start-up fee(s) when required exclusively for WSDOT needs. If so, vendor must provide the flat rate fee (if any, per event) on the Request for Quotation/Invitation to Bid form.

SURCHARGES:

Refer to Asphalt Binder Index information, Terms & Conditions: Asphalt Cost Price Adjustment (page 8) **This adjustment will be considered an administrative action, not requiring a contract amendment

Legal Relations and Responsibilities to the Public Vendors shall comply with all federal, state, and local laws, ordinances, and regulations as outlined in Division 1-07.1 of the 2021 Standard Specifications for Road, Bridge, & Municipal Construction.

Nighttime Availability Additionally, WSDOT is seeking bids for Hot Mix Asphalt (HMA) when nighttime pick up is needed. Vendor will charge a flat rate fee when required to open the plant exclusively for WSDOT during nighttime operations. A bid for the following flat rate must be provided on the RFQ form included in this solicitation package.

For nights, the time frame for picking up material from vendor plant will be 8:00 PM until 5:00 AM. WSDOT will provide no less than a 24-hour notice if materials are needed during these hours and include any anticipated schedule visits for materials collection.

Multiple Locations If vendor has multiple plants and/or pit sites, you may make copies of the RFQ form to submit pricing for each location if pricing is not the same at each facility. Vendors should be within 50 miles of locations listed below.

All vendors are required to bid FOB Origin when shipping materials. The purchaser bears all costs of freight and owns the goods in transit.

The primary WSDOT locations ordering from this contract are:

WSDOT – Area 3 Sexton Clark, Superintendent Raymond Shed 103 5th Street Raymond, WA 98577

Other maintenance areas within the Southwest Region may order asphalt at the contracted price.

Responsiveness WSDOT reserves the right to determine the vendor compliance with the requirements specified in this RFQ and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the competitive RFQ. An immaterial variation is one that has no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies 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 the procurement. WSDOT reserves the right to determine whether a requirement is merely an informality.

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

Vendor Questions Any questions related to this procurement must be submitted in writing, via e-mail, to the WSDOT Purchasing Office at eugene.onyango@wsdot.wa.gov no later than 4:00 PM, Thursday, February 6, 2025. Questions will be responded to, via addendum to the original solicitation, no later than 4:00 PM on Wednesday, February 12, 2025.

Bid Response Response shall include:

· Completed and signed Request for Quote (RFQ) form

· Signed Certifications and Assurances form

· Certificate of Insurance

· Signed Wage Theft Prevention Certification form

· E18-03 Workers’ Rights form Bid Submittal Vendors wishing to submit a quote must do so no later than 4:00 PM, Thursday, March 6, 2025. Quotes must be submitted on the provided RFQ form and must be signed to be accepted.

Quotes may be submitted to WSDOT via email (preferred), US Postal Service, common carrier, or hand delivered at the addresses provided below. Regardless of the delivery method used, it is the responsibility of the vendor to ensure the solicitation response is received by the Procurement Coordinator on or before the designated deadline. Quotes will not be accepted via facsimile.

· To submit via E-Mail, send to Charles Waits, WSDOT Southwest Region Purchasing, at eugene.onyango@wsdot.wa.gov. Please reference quote number SWR2503 in the subject line.

· To submit via United States Postal Service, common carrier (UPS, FedEx), or by hand: WSDOT Attn: Purchasing 4100 Main Street Vancouver, WA 98663 Please reference solicitation number SWR2503 on the outside of the mailing envelope.

WSDOT will announce intent to award for this solicitation no sooner than Monday, March 10, 2025, via email to all respondents.

WSDOT will announce a formal award for this solicitation no sooner than Friday, March 14, 2025, via the Washington Electronic Business Solution (WEBS).

WSDOT Complaint, Debrief, and Protest Procedures and Policy apply (attached).

Solicitation Timeline

4:00 pm PST

Award Announced And Purchase Order Sent To Vendor

Changes to the Solicitation Timeline, if necessary, will be announced via an addendum posted to the Washington Electronic Business Solution (WEBS) website.

Washington State Department of Transportation Request for Quote

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

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

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

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

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

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

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

Warranties Vendor warrants items supplied as a result of this solicitation conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for the particular purpose.

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

Save Harmless Vendor shall protect, indemnify, and save WSDOT harmless from and against any damage, cost, or liability for any injuries to persons or property arising from acts or omissions of Vendor, his employees, agents, or subcontractors, howsoever caused.

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

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

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

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

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

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

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

Asphalt Cost Price Adjustment The Contracting Agency will make an Asphalt Cost Price Adjustment, either a credit or a payment, for qualifying changes in the reference cost of asphalt binder. The adjustment will be applied to partial payments made according to Section 1-09.9 for the following bid items when they are included in the proposal:

“HMA 3/8 in. w/PG 58H-22 – will call”

The adjustment is not a guarantee of full compensation for changes in the cost of asphalt binder. The Contracting Agency does not guarantee that asphalt binder will be available at the reference cost.

The Contracting Agency will establish the asphalt binder reference cost twice each month and post the information on the Agency website at:

http://www.wsdot.wa.gov/Business/Construction/EscalationClauses.htm

The reference cost will be determined using posted prices furnished by Poten & Partners, Inc. If the selected price source ceases to be available for any reason, then the Contracting Agency will select a substitute price source to establish the reference cost.

The base cost established for this contract is the reference cost posted on the Agency website for the period immediately preceding the bid opening date.

Adjustments will be based on the most current reference cost for Western Washington or Eastern Washington as posted on the Agency website, depending on where the work is performed. Projects in the Southwest Region will use the Western Reference Cost with the exception of Klickitat County which will use the Eastern Reference Cost. For work completed after all authorized working days are used, the adjustment will be based on the posted reference cost during which the contract time was exhausted. The adjustment will be calculated as follows:

No adjustment will be made if the reference cost is within 5% of the base cost.

If the reference cost is greater than or equal to 105% of the base cost, then Adjustment = (Current Reference Cost – (1.05 x Base Cost)) x (Q x 0.056).

If the reference cost is less than or equal to 95% of the base cost, then Adjustment = (Current Reference Cost – (0.95 x Base Cost)) x (Q x 0.056).

Where Q = total tons of all classes of HMA paid in the current month’s progress payment.

“Asphalt Cost Price Adjustment”, by calculation.

“Asphalt Cost Price Adjustment” will be calculated and paid for as described in this section.

Purchase Card Acceptance WSDOT prefers vendors accept P-Card payments for reimbursements. A credit card payment for services allows WSDOT to pay vendors more quickly than traditional payment methods. Any processing fees associated with the purchasing card must be included in the product pricing and not as a separate fee.

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

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

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

Insurance The Successful Vendor is required to have or obtain insurance to protect WSDOT should there be any claims, suits, actions, costs, or damages or expenses arising from any negligent or intentional act or omission of the Vendor or its subcontractors(s), or their agents, while performing work under the terms of this solicitation.

Contractors Liability Insurance Contractor shall obtain all the insurance required by the Contract Documents. Insurance coverage shall name the Owner as an additional insured. Exception: Builder’s Risk property insurance and the Installation Floater shall evidence the Owner as the “named insured”. Companies writing the insurance shall be licensed to do business under Title 48 RCW. Contractor shall include in its bid the cost of all insurance and bonds required to complete the base bid work and accepted alternates. Insurance carriers shall be acceptable to Owner and Carrier’s AB. Best rating shall be indicated on the insurance certificate.

Contractor shall maintain the insurance coverage required by the Contract Documents during the Work and for one year after Final Acceptance. None of the insurance coverage’s may be cancelled or materially changed without 45 days prior notice to Owner.

If a deductible applies to any claim under the policies described in Part 2.01 CONTRACTOR’S LIABILITY INSURANCE, then payment of that deductible will be the responsibility of the Contractor, notwithstanding any claim of liability against the Owner. However, in no event shall any provision for a deductible provide for a deductible in excess of $50,000.00.

Required Coverage and Limits Insurance Coverage Certificates the Contractor shall furnish acceptable proof of insurance coverage on the State of Washington Certificate of Insurance form SF500A, dated 07/02/92 or ACORD form.

Required coverage shall be as follows:

Comprehensive General Liability Insurance – The Contractor shall at all-times during the term of this contract and for a duration of three years after Final Completion, at its cost and expense, carry and maintain general public liability insurance, including contractual liability, against claims for bodily injury, personal injury, death or property damage occurring or arising out of services provided under this contract. This insurance shall cover claims caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns or servants. The limits of liability insurance, which may be increased as deemed necessary by the contracting parties, shall be:

General Aggregate Limits: $1,000,000 (other than products-completed operations) Products-Completed Operations Limit: $1,000,000 Personal and Advertising Injury Limit: $1,000,000 Each Occurrence: $1,000,000 (applies to all of the above) Fire Damage Limit: $50,000 (any one fire) Medical Expense Limit: $5,000 (any one person)

Employers Liability on an occurrence basis in an amount not less than $1,000,000.00 per occurrence.

Automobile Liability In the event, that services delivered pursuant to this contract involve the use of vehicles or the transportation of clients, automobile liability insurance shall be required. If Contractor-owned personal vehicles are used, a Business Automobile Policy covering at a minimum Code 2 “owned autos only” must be secured. If Contractor employee’s vehicles are used, the Contractor must also include under the Business Automobile Policy Code 9, coverage for non-owned autos. The minimum limits for automobile liability is: $1,000,000.00 per occurrence, using a combined single limit for bodily injury and property damage.

Workmen’s Compensation coverage is pursuant to the Washington State Industrial Insurance Act, the Federal Longshoremen’s and Harbor Workers’ Act and the Jones Act.

Failure to provide continuous coverage of insurance, as required, will result in Contract cancellation.

All insurance provided in compliance with this Contract shall be primary as to any other insurance or self- insurance programs afforded to or maintained by the state.

Insurance policies shall include, but not be limited to, the following provisions:

Additional Insured The WSDOT and all authorized Purchasers shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

Notice of Policy(ies) Cancellation/Non-renewal For insurers subject to Chapter 48.18 RCW (Admitted and regulated by the Washington State Insurance Commissioner) a written notice shall be given to the procurement coordinator or designee forty-five (45) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this Contract. Written notice shall include the affected Contract reference number.

Surplus Lines For insurers subject to Chapter 48.15 RCW (Surplus Lines) a written notice shall be given to the procurement coordinator or designee twenty (20) calendar days prior to cancellation or any material change to the policy(ies) as it relates to this Contract. Written notice shall include the affected Contract reference number.

Cancellation for Non-payment to Premium If cancellation on any policy is due to non-payment of premium, a written notice shall be given to the procurement coordinator or designee ten (10) calendar days prior to cancellation. Written notice shall include the affected Contract reference number.

Identification Policy(ies) and Certificates of Insurance shall include the affected Contract reference number.

Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports. Any exception must be reviewed and approved by the Risk Manager for the WSDOT, by submitting a copy of the Contract and evidence of insurance before Contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and Chapter 284-15 WAC .

Industrial Insurance Coverage The Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the Purchasing Activity may terminate this Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from the Contractor.

OSHA and WISHA Requirements Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Administration (OSHA) and, if manufactured or stored in the State of Washington, the Washington Industrial Safety and Health Act (WISHA) and the standards and regulations issued there under, and certifies that all items furnished and purchased will conform to and comply with said laws, standards and regulations. Contractor further agrees to indemnify and hold harmless Purchasing Activity and Purchaser from all damages assessed against Purchaser as a result of Contractor’s failure to comply with those laws, standards and regulations, and for the failure of the items furnished under the Contract to so comply.

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

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

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

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

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

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

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

· Other factors identified in WAC 458-20 .

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

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

Any document(s) or information which the Vendor believes is exempt from public disclosure per RCW

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

Copies of documents related to this or any other WSDOT procurement that are subject to public disclosure may be requested after the formal award is announced via the Washington Electronic Business Solution (WEBS) by logging on to the webpage: https://wsdot.mycusthelp.com/WEBAPP/_rs/(S(z4533nkchoignlmehxxmupoz))/supporthome.aspx When requesting procurement documents be sure to include the name of the procurement coordinator and the solicitation number for the information you are requesting.

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

Title VI Notice to the Public It is Washington State Department of Transportation (WSDOT) policy to ensure no person shall, on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated may file a complaint with WSDOT’s Office of Equal Opportunity (OEO). For Title VI complaint forms and advice, please contact OEO’s Title VI Coordinator at 360-705-7082 or 509-324- 6018.

Americans with Disabilities Act (ADA) Information This material can be made available in an alternate format by emailing the WSDOT Diversity/ ADA Compliance Team at wsdotada@wsdot.wa.gov or by calling toll free, 855-362- 4ADA (4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711.

Imbedded Internet URL’s

WSDOT Standard Specifications http://www.wsdot.wa.gov/Publications/Manuals/M41-10.htm

Statewide Vendor Number: http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx

Department of Revenue: http://dor.wa.gov/

WAC 458-20: http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20

WAC 458-20-193: http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-193

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

Complaints, requests for debrief, and protests will be:

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

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

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

· Identified with the WSDOT solicitation number.

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

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

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

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

· The solicitation unnecessarily restricts competition.

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

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

Complaint Content The complaint shall include:

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

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

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

· Facts and arguments.

· Specific reference to the basis for the complaint.

· Description of the relief or corrective action requested.

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

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

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

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

Debrief Conference (Protest Precondition) Following the announcement of the Apparent Successful Vendor, a Vendor who submitted a responsive bid may request a debrief conference. A debrief conference provides an opportunity for a Vendor to discuss their bid and evaluation with the Procurement Coordinator.

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

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

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

Protest Process The protest process is available only to a Vendor who submitted a responsive bid.

The protest period begins the first business day after the protesting Vendor has attended a debrief conference. For a protest to be considered it must be submitted and received by the Procurement Coordinator within five (5) business days after the debriefing conference.

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

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

· Errors in computing the scores; or

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

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

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

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

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

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

· Specific reference to the grounds for the protest.

· Description of the relief or corrective action requested.

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

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

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

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

Protest Decision The Procurement and Materials Manager will review the recommendation of the neutral party and issue a decision within ten (10) business days of receipt of the protest. If more time is required, the Procurement and Materials Manager will notify the protesting Bidder, in writing, of any delay.

The final determination shall:

· Find the protest lacking in merit and uphold the award;

· Find only technical or harmless errors in the procurement process, determine substantial compliance, and reject the protest;

· Find merit in the protest and provide options that may include:

· Correct errors and reevaluate all proposals; or

· Reissue the solicitation document; or

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

The protest authority’s decision is final and no appeal process will be allowed.

References

Chapter 39.26.170 RCW - Procurement of Goods and Services.

Complaints and Protests Policy # Department of Enterprise Services 170-00.

Request for Quotation / Invitation to Bid Do Not Return No Bid Responses

SUPPLIER NOTICE: Quotations should be completed in ink and on this form. Unsigned or late quotations will neither be accepted nor returned to the suppliers. Please quote net prices at which you agree to furnish all below goods and services, freight prepaid, FOB destination. Add sales tax as separate item; do NOT include tax in price(s) quoted. The State reserves the right to accept or reject quotations on each item separately or as a whole. By signing below the supplier affirms having read the terms and conditions noted above and those attached: agrees thereto, and has stated here on the prices at which he/she shall furnish and deliver. The signature below signifies the name of company principal or his/her agent acting within scope of authority to commit company. Provide unit prices for ALL items identified below.

Multiply by the “estimated usage” quantity shown and insert the total in the “subtotal” column. Caution: Do not leave any Unit Prices blank. Failure to bid prices for all line items specified may result in a bid being rejected for lack of responsiveness. To ensure consideration, your quotation must be received by the “Return Date” shown on this form. If inadequate competition is received or the prices are considered excessive, all quotes may be rejected and additional suppliers be asked to quote.

Company Name Address

Washington State Dept. of Transportation Attn: Purchasing 4100 Main Street Vancouver, WA 98663

Email Address: eugene.onyango@wsdot.wa.gov

Telephone Number: 360-558-0417

REVISED April 11, 2013

Supplier will allow % discount for payment within 30 days OR supplier will accept credit card for payment: Yes No

All bidders are required to bid FOB Origin. The purchaser bears all costs of freight and owns the goods in transit.

Print Name and Title: Phone:

Federal Tax ID:

Signature Date

Please indicate product/plant locations on this bid sheet:

Plant Name: Plant Address: Plant City, State, Zip: Plant Phone Number: Plant Manager:

Plant Name: Plant Address: Plant City, State, Zip: Plant Phone Number: Plant Manager:

Plant Name: Plant Address: Plant City, State, Zip: Plant Phone Number: Plant Manager:

BIDDER CERTIFICATIONS AND ASSURANCES

Return this form, completed and signed, with bid

Certifications and Assurances We make the following certifications and assurances as a required element of the Response, to which it is attached, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the IFB are conditions precedent to the award or continuation of the resulting Contract.

1. The prices in this Response have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered. The prices in this Response have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before Contract award unless otherwise required by law. No attempt has been made or will be made by the bidder to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. However, we may freely join with other persons or organizations for the purpose of presenting a single Bid or Proposal.

2. The attached Response is a firm offer for a period of 45 days following the Response Due Date specified in the IFB, and it may be accepted by WSDOT without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 45 day period. In the case of protest, our Response will remain valid for 45 days or until the protest and any related court action is resolved, whichever is later.

3. In preparing this Response, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Response. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

4. We understand that WSDOT will not reimburse us for any costs incurred in the preparation of this Response. All Responses become the property of WSDOT, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Response. Submission of the attached Response constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the solicitation document.

5. We understand that any Contract awarded, as a result of this Response will incorporate all the solicitation requirements. Submission of a Response and execution of this Certifications and Assurances document certify our willingness to comply with the terms and conditions appearing in the solicitation document. It is further understood that our standard Contract will not be considered as a replacement for the terms and conditions appearing in this solicitation.

6. We are not submitting proposed Contract exceptions.

7. The authorized signatory below acknowledges having read and understood the entire solicitation and agrees to comply with the terms and conditions of the solicitation in submitting and fulfilling the offer made in its Bid.

8. By submitting this Bid, Bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this solicitation.

The signatory below represents that he/she has the authority to bind the company named below to the Bid submitted and any Contract awarded as a result of this solicitation.

Bidder Signature

Company Name

Title

Date

Print Name

CONTRACTOR CERTIFICATION

WAGE THEFT PREVENTION – RESPONSIBLE BIDDER CRITERIA WASHINGTON STATE GOODS & SERVICES CONTRACTS Prior to awarding a contract, agencies are required to determine that a bidder is a ‘responsible bidder.’ See RCW 39.26.160(2) & (4). Pursuant to legislative enactment in 2017, the responsible bidder criteria include a contractor certification that the contractor has not willfully violated Washington’s wage laws. See Chap. 258, 2017 Laws (enacting SSB 5301).

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

· NO WAGE VIOLATIONS. This firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

OR

· VIOLATIONS OF WAGE LAWS. This firm has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

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

FIRM NAME:

Name of Contractor/Bidder – Print full legal entity name of firm

By:

Signature of authorized person

Title:

Title of person signing certificate

Date:

Print Name of person making certifications for firm

Place:

Print city and state where signed

Return Contractor Certification to Procurement Coordinator at:

eugene.onyango@wsdot.wa.gov

CONTRACTOR CERTIFICATION – WAGE THEFT PREVENTION: GOODS & SERVICES CONTRACTS (Rev. 7-12-2017)

CONCTRACTOR CERTIFICATION

EXCECUTIVE ORDER 18-03 – WORKERS’ RIGHTS

WASHINGTON STATE GOODS & SERVICES CONTRACTS

Pursuant to the Washington State Governor’s Executive Order of 18-03 (dated June 12, 2018), the Washington State Department of Transportation is seeking to contract with qualified entities and business owners who certify that their employees are not, as a condition of employment, subject to mandatory individual arbitration clauses and class or collective action waivers.

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

· NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

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

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

FIRM NAME:

Name of Contractor/Bidder – Print full legal entity name of firm

By:

Signature of authorized person

Title:

Title of person signing certificate

Date:

Print Name of person making certifications for firm

Place:

Print city and state where signed

Return Contractor Certification to Procurement Coordinator at:

eugene.onyango@wsdot.wa.gov image1.jpeg image2.png