TE25003s Turnkey Trucks Sol.docx

CONTRACT COMPETITIVE SOLICITATION – NO. TE25003

TURNKEY PLOW TRUCK

INTRODUCTION

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

Washington State Department of Transportation (WSDOT) intends to use this Competitive Solicitation to solicit and evaluate competitive bids, as set forth herein, to award one (1) dealership groups per manufacturer for Turnkey Plow Truck contract(s). “Turnkey Trucks” means a fully operational dup truck with a various snow fighting bodies and components. This Solicitation will be based on firm fixed price and best value. The contract term is for eight (8) years.

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

· Section 1 provides a summary table of relevant deadlines for responding to the Competitive Solicitation and identifies contact information for Department of Transportation (WSDOT) Procurement Coordinator.

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

· Section 3 identifies how Department of Transportation will evaluate the bids.

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

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

· Section 6 provides information pertaining to doing business with the State of Washington.

In addition, this Competitive Solicitation includes the following Exhibits:

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

· Exhibit A-1 – Bidder’s Certification

· Exhibit A-2 – Surcharge Certification

· Exhibit B – Technical Specifications: This exhibit outlines the Competitive Solicitation’s required specifications for the specific Turnkey Truck.

· Exhibit C – Bid Price: This exhibit provides the pricing information that bidders will complete as part of their bid and the price evaluation tool that Department of Transportation (WSDOT) will use to evaluate and compare bids.

· Exhibit D – Contract: This exhibit is a draft of the Contract that any successful bidder will execute quickly with Department of Transportation (WSDOT).

· Exhibit E – Special Terms and Conditions: This exhibit explains the intricacies of training, delivery, quality of workmanship and acceptance. This exhibit will be incorporated into the contract.

· Exhibit F – Vendor Qualifications: Vendor prepared document, detailing the bidding company’s history in Turnkey snow and ice trucks to include trucks of similar construction, how the bidding company meets the Vendor Qualifications listed in Section 2.6 of the IFB and an affirmation that bidder is capable of managing the truck building process as specified in the IFB. Failure to submit this document will result in a bid being rejected for lack of responsiveness.

· Exhibit G – Vendor Service and Warranty Capabilities: Vendor prepared document detailing locations, qualified staff, intended parts inventory that the bidder has in Washington State to handle both chassis and body service and warranty issues. This document should include both the main contractor and the subcontractors that are offered for snow and ice bodies, hydraulic and plow hitch components of the turnkey truck.

Section 1 – Deadlines, Questions, Procurement Coordinator, and Modification This section identifies important deadlines for this Competitive Solicitation, where to direct questions regarding the Competitive Solicitation, and the process for potential amendments or modifications to the Competitive Solicitation.

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

COMPETITIVE SOLICITATION DEADLINES

Mandatory in-person Pre-Bid Meeting:

Bidders that do not attend the pre-bid meeting will not be eligible to submit a bid.

April 15, 2025 @ 1:00 pm to 3:00 pm Pacific Standard Time

7345 Linderson Way SW

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

Procurement Coordinator

Questions raised at the pre-bid conference and during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS).

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

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

Section 2 – Information About the Procurement

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

2.1. PURPOSE OF THE PROCUREMENT – AWARD A CONTRACT. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award a Contract for Turnkey Plow Truck as set forth in Exhibit B.

a. CONTRACTS. WSDOT has statewide responsibility to develop ‘contracts’ for goods and services. A Contract is a contract for specific goods and/or services that is competitively solicited and established by Department of Transportation (WSDOT). The Contract will be carried out through a purchase order, work order, or similar document. In short, the Contract will establish precisely what goods may be purchased, the relevant performance requirements for such goods as well as the vendor’s contractual performance, and the applicable price for such goods. Purchaser-specific purchase orders will specify, for example, the volume of goods, the Purchaser’s delivery location, etc.

2.2. CONTRACT. The form of the Contract that will be awarded as a result of this Competitive Solicitation is attached as TE25003c (Contract). This file is an example of what the contract is likely to look like.

2.3. CONTRACT TERM. As set forth in the attached Contract for this Competitive Solicitation, the contract term is for eight (8) years. Bidders are to specify prices for the contract term. The Contract is subject to earlier termination. Actual term length can be adjusted.

2.4. LICENSES; CERTIFICATIONS; AUTHORIZATIONS; & APPROVALS. Contractor represents and warrants that Contractor possesses and shall keep current during the term of this Contract all required licenses, certifications, permits, authorizations, and approvals necessary for Contractor’s proper performance of this Contract.

2.5. VEHICLE RESELLER BUSINESS LICENSE. Contractor represents and warrants, as previously certified in Contractor’s Bidder Certification, that Contractor is licensed to sell vehicles in the state of Washington. Contractor shall maintain this license for the duration of the Contract.

2.6. Vendor Qualifications. Bidder must be a class 6-8 chassis dealer in the State of Washington and have experience managing turnkey snow and ice truck contracts with a minimum of fifteen (15) trucks delivered to state or other DOT customers in last 24 months. Subcontractors employed by bidders must have 10 years’ experience building and supplying snow and ice truck bodies, hydraulic system installations and snow plow hitches and must have built a minimum of fifteen (15) trucks of similar basic design as described in the attached specification in the last 24 months.

2.7. Vendor Service and Warranty Capabilities. Bidder shall have Service and Warranty locations within Washington State for both chassis and snow and ice body components of the turnkey trucks.

Section 3 – Bid Evaluation

This section identifies how Department of Transportation (WSDOT) will evaluate bids for this Competitive Solicitation.

3.1. OVERVIEW. WSDOT will evaluate bids for this Competitive Solicitation as described below.

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

· Any bidder whose bid is determined to be non-responsive will be rejected and will be notified of the reason(s) for this rejection.

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

· WSDOT will use the following process and evaluation criteria to determine eligibility for an award of a Contract:

Exhibit B Pass/Fail

Cost Factors Exhibit C – Bid Price Sheet 50 Pts See section 3.5. for points breakdown

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

3.3. PERFORMANCE REQUIREMENTS EVALUATION (STEP 2). WSDOT will evaluate each bid to ensure that each bidder’s product(s) or service(s) meet the performance requirements set forth in TE25003 Exhibit B – Technical Specifications. WSDOT reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested information to WSDOT within ten (10) business days may result in disqualification.

3.4. BID PRICING EVALUATION (STEP 3). WSDOT will evaluate bid pricing by reviewing and comparing the submitted bid prices as provided in TE25003 Exhibit C – Bid Price. The price for Item 1-Turnkey truck will be evaluated for Award purposes. All itemized pricing amounts listed will be reviewed for price reasonableness and included in the award. The 5 items from the itemized list that comprise the turnkey truck must add up to the total price offered for item 1, turnkey truck. Prices bid represent a Price Ceiling. Please refer to Section 2.3 in the Contract (File named “TE25003c”). For questions contact, WSDOT at tefbids@wsdot.wa.gov .

(a) The scoring based for the price of Item 1, turnkey truck is as follows:

i. The best price per chassis manufacturer will receive 50 points.

ii. The second-best price per chassis manufacturer will receive 39 points.

iii. The third best price per chassis manufacturer will receive 28 points.

iv. The fourth best price per chassis manufacturer will receive 17 points.

(b) Chassis dealers will compete against other dealers who sell the same manufacturer of chassis. WSDOT will award one (1) contracts per manufacturer.

3.5. NON-COST EVALUATION: There are (2) elements that make up non-cost evaluation.

(a) Vendor Qualifications Pass/Fail – Bidders that do not meet these qualification requirements will have the bids rejected as non-responsive.

(b) Vendor Service and Warranty Capabilities - will make up a maximum of 50 points.

1. Best service & warranty will receive 50 points.

2. Second best service & warranty will receive 39 points.

3. Third best service & warranty will receive 28 points.

4. Fourth best service & warranty will receive 17 points.

Vendor Qualification submittals will be reviewed by a stakeholder group consisting of subject matter experts.

The stakeholder group will perform an advisory role to the Procurement Coordinator and review and make a finding as to whether or not a submitted Vendor Qualifications meet the requirements described in Section 2.6 Vendor Qualifications of the IFB.

The stakeholder group will inform the Procurement Coordinator of its finding in order to assist the Procurement Coordinator in determining if the bidder meets requirements described in Section 2.6 Vendor Qualifications of the IFB as a Pass/Fail requirement. Bidders that are deemed NOT TO MEET the qualifications listed in Section 2.6 of the IFB will have their bids rejected as non-responsive.

For bids that are found to PASS the evaluation of the Vendor Qualification portion, the Stakeholder group will then review and score those bidders submitted response for Section 2.7 Vendor Service and Warranty Capabilities of the IFB. Each member of the Stakeholder group will score each submittal independently. For each bidder, the Stakeholder groups independent scores will be added together and then divided by the number of members to achieve an average score. The average score for each bidder will be the score used for evaluation purposes as listed above in this section.

WSDOT shall be the sole and final arbiter of whether the bidder meets the intent of the requirements described in Section 2.6 Vendor Qualifications and Section 2.7 Vendor Service and Warranty Capabilities of the IFB based on the vendor’s qualification submittals.

3.6. One contract per chassis manufacturer will be awarded to the highest scoring bidder based on cost and non-cost factors for equipment listed in TE25003 Exhibit B – Technical Specifications, and TE25003 Exhibit C Bid Submission who is responsive and responsible. The price submitted shall be based on a firm fixed price.

3.7. BIDDER RESPONSIBILITY ANALYSIS (STEP 4). For responsive bids, WSDOT must determine whether the bidder is a ‘responsible bidder.’ Accordingly, WSDOT will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, WSDOT will consider the following statutory elements:

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

· Bidder’s character, integrity, reputation, judgment, experience, and efficiency.

· Bidder’s ability to perform the contract within the time specified.

· Bidder’s performance quality pertaining to previous contracts or services.

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

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

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

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

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

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

3.8. CONTRACT NEGOTIATIONS (STEP 5). WSDOT may negotiate with the responsive, responsible bidder(s) (Top Bidder) to finalize the Contract and to determine if the bid may be improved. If, after a reasonable period of time, WSDOT, in its sole judgement, cannot reach agreement on acceptable Contract terms with the Top Bidder, WSDOT may suspend negotiations and undertake negotiations with the next best responsive, responsible bidder as determined by the evaluations.

3.9. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. WSDOT will determine the Apparent Successful Bidder (“ASB”). The ASB will be the responsive and responsible bidder(s) that best meet(s) the Competitive Solicitation requirements and presents the best total value, including price, as calculated consistent with the instructions set forth in Exhibit C – Bid Price, and other factors as set forth in this Competitive Solicitation including any applicable state procurement priority or preference.

· Designation as an ASB does not imply that WSDOT will issue an award for a Contract. Rather, this designation allows WSDOT to perform further analysis and ask for additional documentation. Bidders must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

· Upon ASB announcement, bidders may request a debrief conference as specified in Section 5.

3.10. AWARD OF CONTRACT. Subject to protests, if any, WSDOT and the ASB may enter into Contract(s) as set forth in Exhibit D – Contract. An award, in part or full, is made and a contract formed by signature of WSDOT and awarded bidder on the Contract. WSDOT reserves the right to award on an all-or-nothing consolidated basis. Following the award of the Contract, all bidders registered in WEBS will receive a Notice of Award delivered to the bidder’s email address provided in the bidder’s profile in WEBS.

3.11. BID INFORMATION AVAILABILITY. Upon WSDOT announcement of ASB, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2). Upon WSDOT’ announcement of ASB, WSDOT will post all bid evaluations to WSDOT’ website. In addition, WSDOT intends to post all winning bid submissions to its contract portal webpage after the Contract is awarded.

3.12. ADDITIONAL AWARDS. WSDOT reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible bidders who provided a bid but who were not awarded a Contract. Such awards would be on the same or substantially similar terms and conditions and would be designed to address an awarded Contractor vacancy (e.g., an awarded contractor is terminated or goes out of business), respond to Purchaser needs, or be in the best interest of the State of Washington.

Section 4 – How to Prepare and Submit a Bid for this Competitive Solicitation

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

4.1. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator specified in Section 1.2 of this Competitive Solicitation. Bidders should rely only on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding.

· Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow WSDOT to consider and, if warranted, respond to the inquiry. If a bidder does not notify WSDOT of an issue, exception, addition, or omission, WSDOT may consider the matter waived by the bidder for protest purposes.

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

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

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

· Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. If the bidder is awarded a Contract, the total price for the Turnkey Plow Truck shall be the bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

· For bid submission, bidders shall supply a price for Item 1, Turnkey truck as follows: 60,000 lb chassis, 10 yard contractor box, 14 foot slip in hopper, hydraulic package C and Flat plate hitch. Also provide itemized prices which will be evaluated for price reasonableness. Item 1, turnkey truck will be evaluated for award consideration.

4.3. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to WSDOT to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders may not provide unsolicited materials. For any supplemental materials expressly required by WSDOT in writing, bidders must identify such supplemental materials with the bidder’s name.

· Attendance and sign in at Mandatory, in-person pre-bid meeting – Pre-bid information is listed on page 2. Failure to attend and sign in will result in bids not being eligible for consideration.

· EXHIBIT A-1 – BIDDER’S CERTIFICATION & PROFILE

This document is the Bidder’s Certification.

Complete the certification, along with any exceptions or required explanations, and submit it with the bid to WSDOT.

Note: The Certification must be complete. Where there are choices, bidder must check a box. The certification must be signed and submitted by a duly authorized representative for the bidder.

· EXHIBIT A-2 – SURCHARGE CERTIFICATION

This document is required of the bidder to state surcharges for WSDOT’ contract administration purposes. Complete as instructed and submit with the bid to WSDOT.

· EXHIBIT B – EXHIBIT B – TECHNICAL SPECIFICATIONS

Bidder will need to confirm that bidder’s goods and/or bidder’s performance meets or exceeds the detailed specifications/qualifications set forth in Exhibit B – Technical Specifications and submit it with the bid to WSDOT.

· EXHIBIT C – PRICE WORKSHEET

Bidder will need to complete the price worksheet tool as instructed in Exhibit C – Bid Submission and submit it with the bid to WSDOT.

· EXHIBIT E – SPECIAL TERMS & CONDITIONS

Bidder shall submit this to acknowledge the expectations WSDOT will place in the awarded c0ntract. See “Note” on page 7 of Exhibit E.

· EXHIBIT F – VENDOR QUALIFICATIONS

Bidder shall submit documentation as required in Section 2.6 of the IFB.

· EXHIBIT G – VENDOR SERVICE AND WARRANTY CAPABILITIES

Bidder shall submit documentation as required in Section 2.7 of the IFB.

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

4.5. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to TEFBids@wsdot.wa.gov. WSDOT email only can accept emails (including attachments) that total less than 30MB in size. Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted.

Section 5 – Complaint, Debrief, & Protest Requirements

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

5.1. COMPLAINTS. 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.

a. CRITERIA FOR COMPLAINT. A complaint may be based only on one or more of the following grounds:

i. (a) The Competitive Solicitation unnecessarily restricts competition.

ii. (b) The Competitive Solicitation evaluation or scoring process is unfair or flawed; or

iii. (c) The Competitive Solicitation requirements are inadequate or insufficient to prepare a response.

b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than two (2) business days prior to the deadline for bid submittal; and (b) Be in writing (see Form and Substance, and Other below); and (c) Identified with the WSDOT solicitation number; and Identified as “Complaint”, “Request for Debrief” or “Protest” in the subject line of the correspondence or email. A complaint should clearly articulate the basis of the complaint and include a proposed remedy.

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

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

5.2. DEBRIEF CONFERENCES (PROTEST PRECONDITION). Following the announcement of the Apparent Successful Bidder (ASB), a Bidder who submitted a responsive bid may request a debrief conference. A debrief conference provides an opportunity for a Bidder to discuss their bid and evaluation with the Procurement Coordinator bid (and, as further explained below, is a prerequisite to filing a protest). WSDOT will not allow the debrief process to delay the Contract award. Accordingly, bidders should plan for contingencies and alternate representatives. Bidders who wish to protest must first participate in a Debrief Conference. Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. A Debrief Conference is a required prerequisite for a bidder to file a protest.

a. A Debrief Conference is an opportunity for a bidder and WSDOT, through its Procurement Coordinator, to meet and discuss the bidder’s bid (and, as further explained below, is a necessary pre-requisite to filing a protest). Following bid evaluation, WSDOT will issue an ASB announcement. The ASB announcement may be made by any means, but WSDOT likely will use email to the bidder’s email address provided in the Bidder’s Profile. Bidders will have three (3) business days to request a Debrief Conference, if desired. If a Debrief Conference is timely requested, WSDOT will offer the requesting bidder one meeting opportunity and notify the bidder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, WSDOT likely will schedule the Debrief Conference shortly after the ASB announcement and the bidder’s request for a Debrief Conference

b. TIMING. A Debrief Conference may be requested by a bidder following the Apparent Successful Bidder (ASB) announcement. Bidders will have three (3) business days to request a Debrief Conference, in writing if desired.

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

d. DEBRIEF CONFERENCE. Debrief conferences may be conducted either in person at the WSDOT offices in Tumwater, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by WSDOT, and may be limited by WSDOT to a specified period of time

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

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

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

ii. Error in computing evaluation scores; or

iii. Non-compliance with any procedures described in the Competitive Solicitation.

b. INITIATING A PROTEST. Any bidder may protest an award to the ASB. A protest must:

i. (a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting bidder’s Debrief Conference (see also Section 5.4, below).

ii. (b) Be in writing.

iii. (c) Include a specific and complete statement of facts forming the basis of the protest; and

iv. (d) Include a description of the relief or corrective action requested.

c. PROTEST AUTHORITY RESPONSE. The Fleet Administrator has been delegated as the Protest Authority for WSDOT Transportation Equipment Fund (TEF) procurements. The Procurement Coordinator will forward the protest to the Procurement and Materials Manager within one (1) business day.

d. DECISION IS FINAL. The Fleet Administrator 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 Fleet Administrator will notify the protesting Bidder, in writing, of any delay.

The final determination shall:

i. Find the protest lacking in merit and uphold the award.

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

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

1. Correct errors and reevaluate all proposals; or

2. Reissue the solicitation document; or

3. 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. If the protesting bidder does not accept WSDOT protest response, the bidder may seek relief in Thurston County Superior Court.

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

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

i. Be in writing.

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

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

iv. Identify the Competitive Solicitation number.

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

vi. Be sent to the address identified below.

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

5.5. HOW TO CONTACT WSDOT.

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

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

c. TO SUBMIT A PROTEST. Send an email message to the Protest Officer at the following email address: tefbids@wsdot.wa.gov. The email message must include “Protest” in the subject line of the email message.

Section 6 – Doing Business with the State of Washington

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

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

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

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

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

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

· WSDOT’ Public Records Officer will review any records marked by bidder as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, WSDOT will redact or withhold the document(s) as appropriate.

· For documents marked ‘sensitive’ or for documents where WSDOT either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, WSDOT will notify the bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that WSDOT intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining WSDOT from such disclosure. In the event bidder fails to timely file a motion for a court order enjoining such disclosure, WSDOT will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by bidder of any claim that such materials are exempt or protected from disclosure.

6.2. SMALL & DIVERSE BUSINESSES. WSDOT, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See, e.g., RCW 39.19 (OMWBE certified businesses); RCW 43.60A.200 (WDVA Certified Veteran-Owned Businesses); and RCW 39.26.005 (Washington Small Businesses). In support of the state’s economic goals and to support a diverse supplier pool, WSDOT has established the following voluntary numerical goals for WSDOT’ Competitive Solicitations:

· Ten percent (10%) Minority-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Transportations (OMWBE);

· Six percent (6%) Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Transportations (OMWBE);

· Five percent (5%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA); and

· Twenty-five percent (25%) Washington Small Businesses, five percent (5%) of which are microbusinesses or minibusinesses as defined in RCW 39.26.010(16) and (17).

Achievement of these goals is encouraged whether directly or through subcontractors.

· OMWBE CERTIFICATION. Bidders may contact the Washington State Office of Minority and Women’s Business Transportations (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. OMWBE-Certified firms may provide their certification information to Transportation Serviced through Exhibit A-1 – Bidder’s Certification.

· 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. The qualification requirements to be a Certified Veteran-Owned Business are set forth in Exhibit A-1 – Bidder’s Certification.

· WASHINGTON SMALL BUSINESSES. Bidders may contact WSDOT about small and diverse business inclusion and qualification as a Washington Small Business. If bidder qualifies as a Washington Small Business, identify bidder as such in WEBS. Call WEBS Customer Service at 360-902-7400. The qualification requirements to self-certify as a Washington Small Business are set forth in Exhibit A-1 – Bidder’s Certification.

6.3. WEBS REGISTRATION. Individuals and firms interested in state contracting opportunities with WSDOT or any Washington state agency should register for competitive solicitation notices at the Washington Electronic Business Solution (WEBS) WEBS Registration. Note: There is no cost to register in WEBS.

INCLUDED EXHIBITS

EXHIBIT A-1 – BIDDER’S CERTIFICATION & PROFILE

See attached Exhibit A-1 – Bidder’s Certification.

Note: As set forth above, Bidder must complete, sign, and return the Bidder’s Certification to WSDOT.

EXHIBIT B – TECHNICAL SPECIFICATIONS

See attached Exhibit B – Technical Specifications.

EXHIBIT C – BID SUBMISSION SHEET

See attached Exhibit C – Bid Submission Sheet.

Note: As set forth above, Bidder must complete and return Exhibit C – Bid Submission to WSDOT.

EXHIBIT D – CONTRACT

See attached Exhibit D – Contract for Competitive Solicitation No. TE25003 – Turnkey Truck. Does not need to be returned in submission.

EXHIBIT E – SPECIAL TERMS AND CONDITIONS

See attached Exhibit E – Special Terms and Conditions No TE25003 –. Need to be returned in submission.

Exhibit F – Vendor Qualification – Vendor Prepared and submitted

Exhibit G – Vendor Service and Warranty Capabilities – Vendor Prepared and submitted

Note: As set forth in section 4.3 through 4.5, Bidder must complete and return Exhibits to WSDOT.

COMPETITIVE SOLICITATION NO. TE25003 – TURNKEY TRUCK PAGE 1

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