TE25010b.doc

Invitation for Bid TE25010 16,000 lb Vibratory Roller

Invitation for Bid (IFB) TE25010 16,000 lb Vibratory Roller The Washington State Department of Transportation (WSDOT) issues this Invitation for Bid (IFB) 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 IFB.

Posting Date 7/8/25 Bids Are Due 8/13/25 at 2:00pm Anticipated Award Date 9/1/25 (usually within one month of due date) Procurement Coordinator Steve Jenkins

(360) 705-7173 steve.jenkins@WSDOT.wa.gov Deliver Bids to tefbids@wsdot.wa.gov

IMPORTANT: Bids must be delivered via Email to tefbids@wsdot.wa.gov and should have the following information in the body of the email:

· IFB Number

· Bid Due Date and Time

· Procurement Coordinator’s Name

· Bidder’s Company Name & Address Required bid submittals shall be attached to the email as PDF, Microsoft Word, or Microsoft Excel format as directed in section 3.2 Format of the IFB.

Contents

SUMMARY OF OPPORTUNITY

41.1 Purpose of the IFB

41.2 Purchasers

IFB OVERVIEW

42.1 Announcement and Special Information

52.2 Washington’s Electronic Business Solution (WEBS)

52.3 Amendments

52.4 Bidder Communication Responsibilities

62.5 Bidder Responsiveness

62.6 Pricing

62.7 Price adjustments

72.8 Non-Endorsement & Publicity

72.9 No Costs or Charges

72.10 No Best and Final Offer

72.11 Miscellaneous Expenses

72.12 Dealer Authorization

82.13 vehicle title

82.14 Vehicle dealer licensing

82.15 Contract term

82.16 Economic and Environmental Goals

PREPARATION OF BIDS

83.1 Bid Submittals (Checklist)

93.2 Format

93.3 Due Date and Time

103.4 Bid Opening

EVALUATION AND AWARD

104.1 General Provisions

114.2 Determination of Responsiveness

114.3 Determination of Responsibility

114.4 Price Evaluation

114.5

TECHNICAL SPECIFICATIONS EVALUATION

124.6 Selection of Apparent Successful Bidder

124.7 announcment of apparent successful bidder (asb)

124.8 Award

124.9 Bid Information Availability after announcement of ASB

CONTRACT FORMATION

135.1 The Contract

135.2 Parties

135.3 Authority to Bind

135.4 Counterparts

APPENDICES

14Competitive Procurement Standards

14Special Terms and Conditions

14Technical Specifications

14Price Sheet

14Bidder Profile

14Complaint, Debrief and Protest Procedures

BIDDER CERTIFICATIONS

CONTRACT SIGNATURE PAGE

1 SUMMARY OF OPPORTUNITY

1.1 Purpose of the IFB

The purpose of this IFB is to facilitate the purchase of 16,000 lb Vibratory Rollers.

During the term of this contract units may be purchased and could be delivered statewide to the following locations.

Northwest Region

6431 Corson Rd

Seattle WA

North Central Region

2830 Euclid Ave Building D

Wenatchee WA

Olympic Region

5720 Capitol Blvd

Tumwater WA

Southwest Region

4100 Main Street

Vancouver WA

South Central Region

2809 Rudkin Rd.

Union Gap WA

Eastern Region

221 E North Foothills Rd

Spokane WA

All special terms, conditions, and technical requirement will be described in upcoming sections.

1.2 Purchasers

The Contract will be for use by Washington State Department of Transportation (WSDOT)

2 IFB OVERVIEW

2.1 Announcement and Special Information

The IFB, its Appendices, Attachments, Amendments and any incorporated documents will comprise the entire IFB which will become the resulting Contract between WSDOT and the awarded Contractor when it is countersigned by WSDOT.

By responding to this IFB, a Bidder acknowledges having read and understood the entire IFB and accepts all information contained within the IFB without modification.

NOTE: The Competitive Procurement Standards is an Appendix to this IFB which consists of general provisions and terms for Solicitations issued by WSDOT. Should a term within the Competitive Procurement Standards conflict with a term elsewhere in the IFB, the latter will prevail.

2.2 Washington’s Electronic Business Solution (WEBS)

Bidders are solely responsible for:

· Properly registering with Washington’s Electronic Business Solution (WEBS) at https://fortress.wa.gov/ga/webs , and maintaining an accurate Vendor profile in WEBS.

· Downloading the IFB packet consisting of the IFB, all Appendices, and incorporated documents related to the IFB for which you are interested in Bidding.

· Downloading all current and subsequent Amendments to the IFB to ensure receipt of all IFB documents.

Notification of Amendments to the IFB will only be provided to those vendors who have registered with WEBS and have downloaded the IFB from WEBS. Failure to do so may result in a Bidder having incomplete, inaccurate, or otherwise inadequate information and Bid.

2.3 Amendments

Prior to the Bid due date and time, WSDOT reserves the right to change portions of this IFB. All changes will be issued in writing by WSDOT as an Amendment and incorporated into the IFB. If there is any conflict between Amendments, or between an Amendment and the IFB, the document issued last in time will be controlling. Only Bidders who have properly registered and downloaded the original IFB directly via WEBS will receive notification of Amendments and other correspondence pertinent to the procurement.

2.4 Bidder Communication Responsibilities

During the IFB process, all Bidder communications concerning this IFB must be directed to the Procurement Coordinator. Unauthorized contact regarding this IFB with other state employees involved with the IFB may result in disqualification. All oral communications will be considered unofficial and non-binding on WSDOT. Bidders should rely only on written Amendments issued by the Procurement Coordinator.

Bidders are responsible for communicating inquiries concerning the IFB to the Procurement Coordinator as soon as possible.

If a Question & Answer period has been established for this IFB, it will be detailed on the cover page of the IFB. A description of the concern must be submitted in writing to the Procurement Coordinator during the Question & Answer period. Inquiries submitted after the Question & Answer period may or may not be considered by WSDOT.

Additionally, if a Bidder does not notify WSDOT of an issue, exception, addition, or omission during the Question & Answer Period, WSDOT may consider the matter waived by the Bidder for protest purposes.

If Bidder inquiries result in changes to the IFB, written Amendments will be issued and posted on WEBS.

2.5 Bidder Responsiveness

Bidders are to respond to each question/requirement contained in this IFB. Failure to comply with any applicable item may result in disqualification for non-responsiveness.

WSDOT reserves the right to determine the actual level of Bidders’ compliance with the requirements specified in this IFB and to waive informalities in a Bid. An Informality is an immaterial variation from the exact requirements of the competitive IFB, having 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 Bidders (See WAC 200-300-015(18).

2.6 Pricing

Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this IFB. Failure to identify all costs in a manner consistent with the instructions in this IFB is sufficient grounds for disqualification.

The proposed pricing levels should reflect the market provided by the Contract resulting from this IFB.

Pricing shall be FOB Destination, freight prepaid and included. All pricing shall be in United States currency and does not include sales tax.

2.7 Price adjustments

Firm and Fixed Period

Pricing will remain firm and fixed for model year submitted and awarded the Contract, and then for subsequent model years, on a pass through basis only that does not produce a higher profit margin for Contractor than that established by the original Contract pricing.

Price Protection The Contract prices are the maximum prices the Contractor may charge.

If lower pricing for similar quantities becomes effective for the Contractor, Purchasers must be given immediate benefit of such lower pricing. The Contractor may also offer volume and promotional discounts.

Contractor agrees all the prices, terms, warranties, and benefits provided in this Contract are comparable to or better than the terms presently being offered by the Contractor to any other governmental entity purchasing similar quantities under similar terms. If, during the term of this Contract, the Contractor enters into Contracts with other governmental entities providing greater benefits or more favorable terms than those provided by this Contract, the Contractor is obligated to provide the same to Purchasers for subsequent purchases, and DES will be notified of changes in Contract pricing.

Price Increases The Contractor may propose price increases for subsequent model years by written notice to the Contract Administrator when the model year of the vehicle changes. Price increases are to be on a pass-through basis only and shall not produce a higher profit margin for the Contractor than that established by original Contract pricing. Requests must include supporting documentation such as price increases at the Manufacturer's level and/or other documentation of cost increases.

Consideration of price increases shall be at the sole discretion of the Contract Administrator. If a price increase is approved, in-part or in-full, the resulting new Contract pricing will be implemented through a Contract Amendment and will remain unchanged for at that next model year that is submitted and approved.

2.8 Non-Endorsement & Publicity

In selecting a Bidder to supply goods and purchased services specified herein to contract Purchasers, neither WSDOT nor the Purchasers are endorsing the Bidder’s goods and purchased services, nor suggesting that they are the best or only solution to their needs.

2.9 No Costs or Charges

Costs or charges under the proposed Contract incurred before a Contract is fully executed will be the sole responsibility of the Bidder.

2.10 No Best and Final Offer

WSDOT reserves the right to make an Award without further discussion of the Bid submitted; i.e., there will be no best and final offer request. Therefore, the Bid should be submitted on the most favorable terms that a Bidder intends to offer.

2.11 Miscellaneous Expenses

Expenses related to day-to-day performance under any Contract, including but not limited to, travel, lodging, meals, incidentals will not be reimbursed to the Bidder. Hourly rates proposed by the Bidder must include these costs.

2.12 Dealer Authorization

The Bidder, if other than the manufacturer, shall provide upon request a current, dated, and signed authorization from the manufacturer that the Bidder is an authorized distributor, dealer or service representative and is authorized to sell the manufacturer's products. Failure to provide manufacturer’s authorization upon request may result in Bid rejection.

2.13 vehicle title

If applicable, all necessary paperwork to register the unit with the Washington State Department of Licensing as a motor vehicle will be furnished at the time of delivery. This includes a “manufacturer’s statement of origin” (MSO) and Washington State title application. (See the Special Terms and Conditions Appendix, section 1.4, Delivery; and Acceptance)

2.14 Vehicle dealer licensing

If applicable, Bidder must possess a current vehicle dealer license issued pursuant to Chapter 46.70 RCW. If Bidder does not possess a vehicle dealer license at the time of bid submission, bidder must obtain it within 30 days of award. Vendor cannot perform under this contract until a current vehicle dealer license is obtained. By submission of a properly signed and completed bid, bidder certifies compliance with all provisions to above statute. The Bidder, upon request, shall provide a current, dated, and signed copy.

2.15 Contract term

The initial term of the Contract will be six years from the effective date of the contract. The total Contract term will not exceed Six years unless an emergency exists and/or special circumstances require a partial term extension. WSDOT reserves the right to extend with all or some of the Contractors.

2.16 Economic and Environmental Goals

In support of the state’s economic and environmental goals, although not an Award factor (unless otherwise specified herein), Bidders are encouraged to consider the following in responding to this IFB:

· Support for a diverse supplier pool, including small, Minority and Women-Owned Business Enterprises (MWBE), voluntary numerical WBE goals 3% MBE 3% have been established for this IFB. Achievement of these goals is encouraged whether directly or through Subcontractors. Bidders may contact the Office of Minority and Women’s Business Enterprise to obtain information on certified firms or to become certified.

· Use of environmentally preferable goods and services to include post-consumer waste and recycled content.

· Products made or grown in Washington.

3 PREPARATION OF BIDS

3.1 Bid Submittals (Checklist)

The following checklist identifies the submittals which will comprise a Bid. Any Bid received without a REQUIRED submittal may be rejected as being non-responsive. Please identify each page of the submittals, as well as any supplemental materials with your company name or other identifiable company mark.

· Signature (REQUIRED): Complete, print, sign and return in PDF format the Bidders Certification & Contract Signature Page as instructed (SEE PAGES 15-18). WSDOT prefers blue ink.

· Price Sheet (REQUIRED): Complete and return a copy of the Price Sheet Appendix (sample provided) as instructed. Failure to address each line item as instructed may result in a bid being rejected for lack of responsiveness.

· Technical Specifications (REQUIRED): Complete, and return the Technical Specifications Appendix (sample provided) as instructed for Segment A, Segment B or Both. Failure to address each line item may result in a bid being rejected for lack of responsiveness. Material deviations from the specifications may disqualify the Bid.

· Bidder Profile (REQUIRED): Complete and return a copy of the Bidder Profile Appendix (sample provided) as instructed.

3.2 Format

One (1) copy of all required documents shall be submitted as attachments to an email addressed to tefbids@wsdot.wa.gov. All attached documents must be legible and completed in ink or with an electronic printer or other similar office equipment, and properly signed by an authorized representative of the Bidder. WSDOT prefers the same file format(s) as the format(s) used to create the submittals (i.e. MS Word, Excel) unless written information is included as a part of the submittal, such as a signature. For submittals with written information or copies of other documents such as licenses, please submit as a .pdf. All changes and/or erasures shall be initialed in ink. Unsigned Bids will be rejected unless satisfactory evidence was submitted clearly establishing the Bidder’s desire and intent to be bound by the Bid, such as a signed cover letter. Incomplete or illegible Bids may be rejected.

3.3 Due Date and Time

Bid packages must be received on or before the due date and time at the email address specified on the cover page. Time of receipt will be determined by the receipt date/time posted on the WSDOT email system when the email is received in the tefbids@wsdot.wa.gov inbox.

Vendors should allow sufficient time to ensure timely receipt of the proposal by the Procurement Coordinator. Late Responses will not be accepted and will be automatically disqualified from further consideration.

WSDOT assumes no responsibility for delays caused by Vendors’ e-mail, network problems or any other party. All Responses must strictly adhere to the format as set forth in Sections 3.1 and 3.2. Zipped files cannot be received by WSDOT and must not be used for submission of Responses.

If a Bid is late or received at a location other than that specified it will be rejected.

3.4 Bid Opening

After the Bid due date and time, the Procurement Coordinator will open and process the Bids protecting the confidentiality of the contents. The names of the Bidders will be recorded and made available upon request, Bid contents will not be available for public view until after the announcement of the Apparent Successful Vendor has been made (RCW 39.26).

4 EVALUATION AND AWARD

4.1 General Provisions

· Bidders may submit bids for the 16,000 lb Vibratory roller.

· Only bids meeting the technical requirement as outlined in the Technical Requirements Appendix will be considered for the award of this bid.

· Bidder Responsiveness, Responsibility and Price Factors which will be evaluated based on the Evaluation Process described in this section.

· Award will be made to the bidder that has been determined to be Responsive, Responsible and bid the lowest Evaluated Cost based on the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 39.26, and other criteria identified in the IFB.

· Bidders whose Bids are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

· To aid in the evaluation process, after the Bid due date and time, WSDOT may require individual Bidders to appear at a date, time and place determined by WSDOT for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature of Contractual requirements. In no manner shall such action be construed as negotiations or an indication of WSDOT’s intention to Award.

· WSDOT reserves the right to: (1) Waive any informality; (2) Reject any or all Bids, or portions thereof; (3) Accept any portion of the items Bid unless the Bidder stipulates all or nothing in their Bid; (4) Cancel an IFB and re-solicit Bids; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that Bid can be improved for the Purchaser; (6) Award on an all or none consolidated basis taking into consideration ”lifecycle costs”; and (7) Award in aggregate when in the best interest of the state.

· Preferences and Penalties: Preferences and penalties that are required by law, rule, or IFB will be applied to Bid pricing. Some preferences and penalties may be added by contract language and could be applied to Bid pricing. A preference reduces the Bidder’s stated price by the amount of the preference and is an advantage to the Bidder. A penalty increases the Bidder’s stated price by the amount of the penalty and is a disadvantage to the Bidder. Preferences and penalties are applied to the pricing for evaluation purposes only but are not applied for purchasing purposes.

· 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 response may be an adequate reason for rejecting a Bidder as non-responsible and unable to suit the needs of the state. WSDOT reserves the right to waive the reference check. Bidders deemed non-responsible may be rejected.

4.2 Determination of Responsiveness

Bids will be reviewed initially on a pass/fail basis to determine compliance with administrative requirements as specified herein.

WSDOT reserves the right to determine at its sole discretion whether a Bidder’s response to a minimum IFB requirement is sufficient to pass. However, if all Bidders fail to meet any single IFB requirement, WSDOT may reject all Bids and cancel the IFB or waive the requirement from the IFB’s requirements for responsiveness.

Responsive Bids will be further evaluated based on the requirements in this IFB.

4.3 Determination of Responsibility

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

4.4 Price Evaluation

Only Responses that have been determined to be both Responsive and Responsible will have costs evaluated.

Costs will be evaluated as follows:

Price sheets for Segment A and Segment B will be evaluated to verify that all line items have been completed and to verify that the Evaluated Cost is correct. The Evaluated Cost will be calculated by adding the Extended Price for each item together to achieve the Subtotal. In the event of a mathematical error in the calculation of the Extended Price, unit prices shall prevail. The Subtotal will then have Prompt Payment Discounts (if offered), applicable Preferences and Penalties as described in section 4.1 applied to the totals to arrive at the Evaluated Cost.

The bidder offering the lowest Evaluated Cost for Segment A and for Segment B will be determined to be the lowest bidder.

See Price Worksheet Appendix.

4.5 TECHNICAL SPECIFICATIONS EVALUATION

Once the lowest bidder has been determined, the lowest bidders’ specifications, including any offered equals or alternatives, may 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 specification, including any offered equal or alternative, meets the intent of the RFQ specifications.

The stakeholder group will inform the Procurement Coordinator of its finding in order to assist the Procurement Coordinator in determining if the lowest bidder’s submitted specifications will be acceptable in meeting WSDOT’s needs. WSDOT shall be the sole and final arbiter of whether the submitted specifications, including any proposed equals or alternatives, are acceptable.

4.6 Selection of Apparent Successful Bidder

The Bidder whose bid is the most advantageous to WSDOT, will be declared the Apparent Successful Bidder. To ensure conformity with IFB terms and minimum requirements, WSDOT reserves the right to request data, test, and measure as part of the evaluation process prior to award. Failure to provide requested data which ensures conformity with the IFB terms and minimum requirements within ten days may result in disqualification.

Prior to the Award, WSDOT may negotiate with an Apparent Successful Bidder to determine if a Bid can be improved.

Designation as an Apparent Successful Bidder does not imply that WSDOT will issue an Award to your firm. It merely suggests that at this moment in time, WSDOT believes your bid to be responsive. This designation allows WSDOT to perform a responsibility analysis and ask for additional documentation. WSDOT is also at liberty to re-review and determine whether the bid is truly responsive as initially believed. The Bidder must not construe this as an Award, impending Award, attempt to negotiate, etc. If you act or fail to act in reliance of this notification, you do so at your own risk and expense.

4.7 announcment of apparent successful bidder (asb) WSDOT will notify all Bidders of the Apparent Successful Bidder prior to the actual Award. This notification is usually communicated by a means outside of the WEBS notification system.

See Complaint, Debrief and Protest Appendix.

4.8 Award

An Award, in part or full, is made by WSDOT signature on the signature page (Bidder Certification and Contract Signature Page). WSDOT may include an Award Letter which further defines the Award and is included by reference in the Contract.

WSDOT reserves the right to Award on an All or Nothing consolidated basis.

Following the Award, all Bidders will receive a Notice of Award; usually through a WEBS notification.

4.9 Bid Information Availability after announcement of ASB

After the notification of the apparently successful bidder has been made, information regarding results of the IFB may be obtained by contacting the Procurement Coordinator. Bidders may also schedule an appointment to review the bidding process.

5 CONTRACT FORMATION

5.1 The Contract

A Bid submitted to this IFB is an offer to Contract with WSDOT.

A Bid becomes a Contract only when awarded and accepted in writing by WSDOT (when the Bidder Certification & Contract Signature Page is countersigned by WSDOT).

The documents listed below are, by this reference, incorporated into a Contract resulting from this IFB as though fully set forth herein. No other statements or representations, written or oral, shall be deemed a part of the Contract.

a. The IFB

b. The awarded Vendor/Contractor’s Bid

c. All Appendices

d. IFB Amendments (If Applicable)

e. Award Letter (If Applicable)

5.2 Parties

This Contract is entered into by and between WSDOT and the awarded Contractor with the parties more fully described in the Authorized Offer and Contract Signature Page below.

5.3 Authority to Bind

The signatories to this Contract represent that they have the authority to bind their respective organizations to this Contract.

5.4 Counterparts

This Contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this Contract signed by each party, for all purposes.

6 APPENDICES

Reminder: By responding to this IFB, a Bidder acknowledges reading, understanding, and accepting all information contained within the entire IFB without modification.

Competitive Procurement Standards

Special Terms and Conditions

Technical Specifications

Price Sheet

Bidder Profile

Complaint, Debrief and Protest Procedures

7 BIDDER CERTIFICATIONS

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief:

1. Understanding. Bidder has read, thoroughly examined, and fully understands all of the provisions in the Competitive Solicitation (including all exhibits) and the terms and conditions of the Contract and any amendments or clarifications to the Competitive Solicitation, and agrees to abide by the same.

2. Accuracy. Bidder has carefully prepared and reviewed its bid and fully supports the accuracy of the same. Bidder further understands that WSDOT shall not be responsible for any errors or omission on the part of Bidder in preparing its bid. The facts declared here are true and accurate. Bidder further acknowledges that the continuing compliance with these statements and all requirements of the Competitive Solicitation are conditions precedent to the award or continuation of the resulting Contract.

3. No Collusion or Anti-Competitive Practices. Bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Competitive Solicitation. Bidder’s bid prices have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other bidder or competitor relating to (a) those prices, (b) the intention to submit a bid, or (c) the methods or factors used to calculate the prices offered. Bidder has not been and will not knowingly disclose its bid prices, directly or indirectly, to any other bidder or competitor before award of a Contract, unless otherwise required by law. No attempt has been made or will be made by the bidder to induce any other person to submit or not to submit a bid for the purpose of restricting competition. Bidder, however, freely may join with other persons or organizations for the purpose of presenting a bid.

4. Firm Offer. Bidder agrees that its bid, attached hereto, is a firm offer which cannot be withdrawn for a period of ninety (90) days from and after the bid due date specified in the Competitive Solicitation. WSDOT may accept such bid, with or without further negotiation, at any time within such period. In the event of a protest, Bidder’s bid shall remain valid for such period or until the protest and any related court action is resolved, whichever is later.

5. Conflict of Interest. In preparing this bid, bidder has not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this Competitive 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 bid.

6. No Reimbursement. Bidder understands that the State of Washington will not reimburse bidder for any costs incurred in the preparation of this bid. All bids become the property of the State of Washington, and bidder claims no proprietary right to the ideas, writings, items, or samples unless so stated in the bid.

7. Performance. Bidder understands that its submittal of a bid and execution of this Bidder’s Certification certifies bidder’s willingness to comply with the Contract if awarded such. By submitting this bid, Bidder hereby offers to furnish the goods and/or services solicited pursuant to this Competitive Solicitation in compliance with all terms, conditions, and specifications contained in this Competitive Solicitation and the resulting Contract or, if applicable, as detailed on a Contract Issue List, if permitted in this Competitive Solicitation.

It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in the RFP, all Appendices, and incorporated documents of this RFP.

· We are not submitting any exceptions.

8. Insurance. Bidder certifies as follows (must check one):

· Bidder Has Required Insurance. Bidder has attached a current, valid Certificate of Insurance with each and all of the required insurance coverages (note: Bidder must attach the Insurance Certificate).

or

· Bidder Does Not have Required Insurance. As detailed on the attached explanation (Bidder to provide), Bidder either does not have a current, valid Certificate of Insurance with each and all of the required insurance coverages or, if designated as the Apparent Successful Bidder will provide such a Certificate of Insurance within twenty-four (24) hours or be deemed a nonresponsive bid.

9. Debarment. Bidder certifies as follows (must check one):

· No Debarment. Bidder and/or its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity.

or

· Debarred. As detailed on the attached explanation (Bidder to provide), Bidder and/or its principals presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with a federal, state, or local governmental entity.

10. Criminal Offense. Bidder certifies as follows (must check one):

· No Criminal Offense. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Bidder further certifies that it is not presently indicted or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in this paragraph.

or

· Criminal Offense. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

11. Wage Theft Prevention. Bidder certifies as follows (must check one):

· No Wage Violations. Bidder 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 Competitive Solicitation date.

or

· Violations of Wage Laws. Bidder 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 Competitive Solicitation date.

12. Workers’ Rights (Executive Order 18-03). Bidder certifies as follows (must check one):

· No Mandatory Individual Arbitration Clauses and Class or Collective Action Waivers for Employees. Bidder does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

or

· Mandatory Individual Arbitration Clauses and Class or Collective Action Waivers for Employees. Bidder requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

13. Termination for Default or Cause. Bidder certifies as follows (must check one):

· No Termination for Default or Cause. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

or

· Termination for Default or Cause. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

14. Taxes. Bidder certifies as follows (must check one):

· Taxes Paid. Except as validly contested, Bidder is not delinquent and has paid or has arranged for payment of all taxes due to the State of Washington and has filed all required returns and reports as applicable.

or

· Delinquent Taxes. As detailed on the attached explanation (Bidder to provide), Bidder has not paid or arranged for payment of all taxes due to the State of Washington and/or has not timely filed all required returns and reports as applicable.

15. Lawful Registration. Bidder, if conducting business other than as a sole proprietorship (e.g., Bidder is a corporation, limited liability company, partnership) certifies as follows (must check one):

· Current Lawful Registration. Bidder is in good standing in the State of Washington and the jurisdiction where Bidder is organized, including having timely filed of all required annual reports.

or

· Delinquent Registration. As detailed on the attached explanation (Bidder to provide), Bidder currently is not in good standing in the State of Washington and/or the jurisdiction where Bidder is organized.

16. Subcontractors. Bidder certifies as follows (must check one):

· No Subcontractors. If awarded a Contract, Bidder will not utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation.

or

· Subcontractors. As detailed on the attached explanation (Bidder to provide), If awarded a Contract, Bidder will utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation. In such event, Bidder agrees to assume responsibility for contract obligations and any liability for all such actions of such subcontractors. Note: Bidder must provide the precise legal name (including state of organization), business address, and federal tax identification number (TIN) for each subcontractor. Note: If the TIN is a SSN, provide only the last four (4) digits.

17. References. Bidder authorizes WSDOT (or its agent) to contact Bidder’s references and others who may have pertinent information regarding Bidder’s prior experience and ability to perform the Contract, if awarded. Bidder authorizes such individuals and firms to provide such references and release to WSDOT information pertaining to the same.

8 CONTRACT SIGNATURE PAGE

In submitting this Bid, the Authorized Signatory below acknowledges having read and understood the entire RFP and agrees to comply with its terms and conditions including the Bidder Certifications. The Authorized Signatory also agrees to fulfill the offer made in this Bid and any subsequently awarded Contract.

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 duly authorized to make these certifications on behalf of the Bidder listed herein.

In witness whereof, the parties hereto, having read this Contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.

This is an Award for: IFB TE20001 – Trailer Mounted Traffic Signals & Automated Flaggers will be effective upon WSDOT final signature.

Approved (WSDOT)

Approved (Vendor/Contractor)

Department of Transportation

Department of Transportation

7345 Linderson Way SW

POB 47357

Tumwater, WA 98501

Washington State Department of Transportation

Bidder’s Company Name & Address

Signature

Date

Signature

Date

Typed or Printed Name, Title

Typed or Printed Name, Title

Steve Jenkins

Manager’s Typed or Printed Name, Title

CONTACT Information

CONTACT Information

_1809842299.doc

Special Terms and Conditions

Vehicle & Equipment Bidding Requirements

1.1 General:

Equipment offered for this contract must be new (unused) and a current production model that require no manufacturer or dealership modifications. Units may be sold, prepared, and delivered to WSDOT, or its designated agent, by a dealer who is factory franchised for the specific makes and models of equipment offered.

All accessories and features listed herein shall be those supplied by the Original Equipment Manufacturer (OEM). Any accessories, features, or operational performance required by FMVSS, Washington State Motor Vehicle Laws, OSHA or WISHA laws or mandates, that apply to the equipment being bid, shall be provided by the manufacturer. All units associated with this purchase shall be of the same design and quality as those sold through normal retail channels; and they shall possess the latest technology, accessories, and features offered on standard retail units; whether or not they are called for in the following specifications.

Failure to comply with the any specified requirement of the contract constitutes a breach of contract. WSDOT may cancel all or any part of this contract, without incurring any costs whatsoever, including delivery, shipping, or re-stocking fees.

1.2 Specification Clarification and Changes:

Clarification for any item in these specifications may be obtained from the WSDOT Equipment Administration Office

Contracts for the purchase of WSDOT owned equipment are official documents that carry legal implications. After award, there shall be no deviations from any requirements stated in the contract during the manufacturing or assembly process of the equipment identified herein, without a contract change amendment by the WSDOT Equipment Administration Office.

1.3 Equipment Demonstration:

Prior to a contract award, and during the bid evaluation process, Bidder(s) may be required to demonstrate the performance capabilities of the equipment offered in their bid.

Performance demonstration(s) must be conducted within fourteen (14) calendar days after notification that such demonstration(s) is required. Bidder(s) shall conduct all demonstration(s) within Washington State and are responsible for their costs associated with the demonstration(s).

The Bidder(s) will coordinate with the Procurement Coordinator listed on the front page of the solicitation and the WSDOT, Equipment Administration Office at (360) 705-7884 to establish the location, date and time of the performance demonstration(s).

1.4 Delivery; and Acceptance:

WSDOT will require the successful vendor to provide the “Supplier Confirmation of Specification Compliance” at time of delivery. The form is attached at the end of these bidding requirements. Suppliers are responsible for ensuring that all equipment purchased, pursuant to this contract, complies with all of the requirements and specifications listed in the contract.

Supplier(s) shall provide the following documents for review at time of delivery for each item:

1. The manufacturer’s line production sheet stating the equipment serial numbers and listing all of the equipment’s components

2. Completed Invoice

3. Supplier Confirmation of Specification Compliance

4. The Manufacturer’s Statement of Origin (MSO)

5. Axle weight slips (for all units with axles)

6. A completed Washington State title application showing both the legal and registered owner as; Washington State Department of Transportation 7345 Linderson Way S.W. Tumwater WA 98501. The mailing address is P.O. Box 47357, Olympia WA 98504. Out of state Supplier(s) may contact WSDOT, Equipment Administration Office at (360) 705-7897/7884 to obtain a Washington State title application.

Suppliers must notify WSDOT at the phone number listed on the contract or the equipment order, twenty-four (24) hours prior to equipment delivery. This is to ensure that a WSDOT employee is available to sign and date the bill of lading (or other type delivery document) and receive the above mentioned documents, to indicate WSDOT has accepted delivery of the equipment.

When the unit is ready for final delivery, it may be delivered to WSDOT facilities (as specified on the contract and or equipment order) between the hours of 7:00 am and 3:00 pm, Monday through Friday. Deliveries shall not be made during other hours, on weekends or on legally recognized state and federal holidays.

WSDOT will not accept any responsibility for equipment that has been delivered to or left at a WSDOT facility, unless a WSDOT employee has signed and dated the bill of laden or other delivery documents indicating WSDOT has accepted delivery of the equipment.

Supplier shall be solely liable for any equipment damages that occurred prior to WSDOT accepting delivery of the equipment.

1.5 Supplier Shall Meet the Delivery Terms of this Contract:

Should the Supplier become aware, in advance of an equipment delivery date, that the Supplier will be unable to meet the contract delivery date; the Supplier may make a written request to the WSDOT Equipment Administration Office for a contract change order modifying the equipment delivery date. Should the Supplier fail to meet the contract equipment delivery date, liquidated damages will be assessed. The amount of liquidated damages will be calculated by using WSDOT’s established Equipment Rental Rate Schedule that is in effect as of the date of the contract or equipment order. Liquidated damages will be assessed at the established per day equipment rental rate for each late delivery day, not to exceed ten percent of the equipment’s purchase price. Damages will not be assessed unless an equipment rental actually occurs and documentation is provided to the contractor. This assessment represents a reasonable forecast of WSDOT’s actual damages for having to rent replacement equipment. WSDOT shall deduct the liquidated damages for late delivery from Supplier’s invoice.

1.6 Warranty Services and Performance:

Equipment suppliers must provide technical support and reasonable equipment modifications for a period of 90 calendar days after the date the equipment is reported in service per manufacturer and/or factory warranty requirements. This is to ensure that the purchased equipment is capable of performing the specified operational functions.

Bidders/Suppliers must include, as part of the bid, the factory and/or manufacturer’s one year warranty, which shall cover 100% parts and labor for the entire unit offered. This warranty must be honored by all authorized factory and/or manufacturer’s dealerships.

Supplier shall be liable for all costs associated with warranty repair(s), including, but not limited to, materials, parts, labor, and transport of equipment that are disabled due to the failure of the equipment during the warranty period.

Warranty coverage will not commence until the date the completed equipment is placed into service as reported by WSDOT pursuant to the warranty requirements, or 30 days after final payment for the equipment, whichever occurs first.

The equipment Bidder/Supplier must be capable of and will be liable for providing repair parts and supply support for a period of ten (10) years after the delivery date of the equipment.

During the warranty period Supplier must begin physical repairs on equipment failures within 72 hours after WSDOT has notified the Supplier of an equipment failure. Should the Supplier fail to begin equipment repairs within 72 hours after notification, WSDOT may elect (based on operational requirements) to make the warranty repairs. Should WSDOT elect to make such warranty repairs, the Supplier agrees to fully reimburse WSDOT for all parts, materials, labor, shipping and travel costs incurred by WSDOT for such warranty repairs. WSDOT shall provide Supplier with a detailed invoice, and Supplier agrees to remit payment to the WSDOT within thirty days (30) after receipt of the invoice. Failure to provide and complete warranty service/repair within two weeks (14 calendar days) of vehicle/equipment entering contractor’s facility may be sufficient grounds for WSDOT to deny the contractor from bidding in future contracts due to poor performance.

During warranty period the Supplier may, upon notification of a warranty failure, authorize WSDOT equipment repair technicians to make warranty repairs when it advantages WSDOT and the Supplier. The Supplier shall reimburse WSDOT for all costs associated with the warranty repair.

1.7 Training:

Equipment Supplier shall provide on-site instructor(s) to conduct eight hours of operator training per unit delivered and eight hours of repair technician training per unit delivered. During the eight hour training period, the length and number of training session(s) required may vary based on the equipment’s complexity and personnel experience levels. Training session(s) may be less than eight hours should the WSDOT on-site supervisor or Equipment Training Manager determines that all personnel have completed training and the Supplier’s training obligation has been fulfilled. The training session(s) shall include, but not be limited to, the below listed items.

1. Operator training will be designed to familiarize personnel with the controls, safety features, operating characteristics and operator checks and services.

2. Operator training may include teaching operators shifting, acceleration, and braking techniques to maximize operational effectiveness of the unit's power train configuration for equipment so configured.

3. Mechanic training shall be designed to familiarize service and repair technicians with preventative maintenance checks and services, system diagnostics procedures, repairs, adjustments, and any unique requirements associated with the entire unit.

4. All training shall be scheduled and coordinated with the ship to addressee. Coordination will include dates, times, location, number of students per session, number of sessions required, facilities and training equipment and material.

5. Qualified individuals shall conduct training sessions. "Qualified" means that the trainer must have a high level of knowledge and experience relating to the type of equipment offered or purchased:

6. Person(s) conducting the operator training session(s) must have a minimum of one year of experience in actually operating the unit for which training is being conducted or a factory/manufacture certified trainer.

7. Person(s) conducting repair technician training session(s) must have at least one year of experience in the performance of preventive maintenance and repair on the unit for which the training is being conducted or a factory/manufacture certified trainer.

8. An on-site WSDOT supervisor or the Equipment Training Manager will evaluate training sessions; who shall determine whether or not the training was adequate. If the training is deemed inadequate, the Supplier agrees to conduct additional training sessions, at no cost to the WSDOT, to the satisfaction of the WSDOT.

1.8 Special Notes/Workmanship:

COVERS: All caps and covers that must be removed in order to perform daily to bi-weekly Preventive Maintenance, other scheduled warranty service, or maintenance recommended or required by the Contractor, must be secured to the Unit by a chain or other device. All hoses, pipes, and plumbing connections shall have either retained covers, quick disconnects, or protective caps.

HOSE, WIRE AND TUBE ROUTING: Hose, wire and tube routing shall not impede normal maintenance and adjustment of the Unit. Hoses, wires and tubes shall be securely and neatly positioned. Kinks in hoses, wires, and/or tubing are not acceptable.

HYDRAULIC SYSTEMS (Workmanship Standards applicable to both traction and controls systems):

Comp…