WSP RFQ AAA199210.docx

WSP AAA199210

WSP AAA199210

State Of Washington Washington State Patrol, Supply Section 8543 Armstrong Road SW, Tumwater, WA 98512

1. REQUEST FOR QUOTE (RFQ)

· Bid Title/Contract: 1995 King Air Hartzell Propeller Overhaul

· Quote Due Date: 03/04/2019 at 3:00 pm PST

· Delivery; Required on or before 03/26/2019

· Purchasing Coordinator : AMEL ALSALMAN

· Email: amel.alsalman@wsp.wa.gov

PHYSICAL SHIPPING ADDRESS:

WSP, Aviation 7525 Old Highway 99 SE

OLYMPIA, WA 98501

BILLING AND MAIL ADDRESS:

WSP Supply Section

PO BOX: 42625

OLYMPIA WA 98504

ANNOUNCEMENT AND SPECIAL INFORMATION

Bidders are required to read and understand all information enclosed within this entire quote package. The Competitive Procurement Standards, which are referred to in this bid package are not automatically printed or sent out with this quote. By responding to this bidder agrees to read and understand WSP terms.

In support of the State’s economic and environmental goals, we encourage you to consider the following elements in responding to our bids. These are not a factor of award (unless specified in this document):

· Using environmentally preferable products and products that exceed EPA guidelines

· Supporting a diverse supplier pool, including small, minority, and women-owned firms

· Featuring products made or grown in Washington.

Note to Bidders: This RFQ is available on the Washington Electronic Business Solution (WEBS) Procurement Website at https://fortress.wa.gov/ga/webs/. All addenda to the RFQ and Bidder questions/WSP answers will be posted only on WEBS. All interested Bidders must download this document and be registered in WEBS under the following commodity code in order to receive further notifications: Commodity Code # 905-16, 035-70.

3 SCOPE

The Washington State Patrol (WSP) issues this solicitation under the authority of Chapter 39.26 RCW, Procurement of Goods and Services, in order to purchase a complete 1995 King Air Hartzell HC-E4GN-3G/D9390SK Propeller Overhaul, as further identified in Section 8. Quote Submittals, Quantities & Price List. The Apparently Successful Bidder must meet all requirements identified in this solicitation document.

The Procurement Coordinator is the sole point of contact for this procurement. All communication regarding this RFQ must be with the Procurement Coordinator, as follows:

Amel Alsalman, Procurement Coordinator, amel.alsalman@WSP.wa.gov .

Any other communication will be considered unofficial and non-binding on WSP. Bidders are to rely only on written statements issued by the Procurement Coordinator. Communication directed to parties other than the Procurement Coordinator may result in disqualification of the Bidder.

4 BIDDER COMMUNICATION RESPONSIBILITIES

Bidders will be responsible for communicating to the Procurement Coordinator any issues, exceptions, additions or omissions concerning this Solicitation no later than two (2) business days before the due date. Failure to notify the Procurement Coordinator by the deadline may be considered by the Procurement Coordinator to be a waiver of the issue by the Bidder for protest purposes.

An explanation of any issues, with suggested alternative language should be submitted in writing to the Procurement Coordinator by the deadline. The Solicitation may continue if changes result, written amendments will be made by the Procurement Coordinator and provided by posting them on WEBS.

Any questions regarding the solicitation should be submitted to the Procurement Coordinator no later than 02/27/2019 3:00PM PST.

The Procurement Coordinator is not required to respond to questions beyond the question answer deadline indicated within the procurement timeline schedule and will likely remain unanswered.

EVALUATION AND AWARD CRITERIA: Evaluation process is described below:

Award (if any) shall be made to the lowest responsive and responsible Bidder based on the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 39.26.

The award announcement will be posted via WEBS. All vendors responding to the solicitation will be notified of the award via WEBS notification.

Subject to the provisions of RCW 39.26 and Chapter 200-300 WAC, the Procurement Coordinator 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 a Solicitation and re-solicit Bids; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that Response 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.

a) Responsiveness Bids will be reviewed by the Procurement Coordinator to determine responsiveness with Bid requirements.

The state reserves the right to determine at its sole discretion whether a Bid is sufficient to pass. However, if all responding Bidders fail to meet any single item, the Procurement Coordinator may reject all Bids and cancel the Solicitation, or waive the single item from the Solicitation’s requirements for responsiveness. Responsive Bids will be further evaluated based on the requirements in this Solicitation.

b) Responsibility Pursuant to RCW 39.26 in determining Bidder responsibility, the following elements shall be given consideration:

· The ability, capacity, and skill of the Bidder to perform the Contract or provide the service required;

· The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;

· Whether the Bidder can perform the Contract within the time specified;

· The quality of performance of previous Contracts or services;

· The previous and existing compliance by the Bidder with laws relating to the Contract or services;

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

During Bid evaluation, the state 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 the Bid being rejected as non-responsive.

The State reserves the right to contact Bidders for clarification of Bid contents. To aid in the Bid evaluation process, after the Bid due date, the state may require individual Bidders to appear at a date, time and place determined by the Procurement Coordinator for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature and scope of contractual requirements. In no manner shall such action be construed as negotiations or an indication of the state’s intention to award.

c) Technical Specifications The Procurement Coordinator will review for compliance with minimum technical specification requirements for each item. This submittal is scored as pass/fail. Bids which do not meet specification requirements may be considered non-responsive and rejected.

d) References The state 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. The state reserves the right to waive the reference check. Bidders deemed non-responsible may be rejected.

e) Cost Evaluation Each line item’s Unit Price on the Price Sheet will be multiplied by its estimated quantity to calculate an extended price. The extended prices will be summed and subjected to any preferences and penalties required by law, rule, or Solicitation to form an evaluation total.

f) Award The responsive and responsible bidder with the lowest evaluation total will receive the award. The Procurement Coordinator intends to award no more than one contract/order on this opportunity. However, resulting total cost to the agency must not exceed its budget authority, which could result in no contract/order.

1. BIDDER INFORMATION

Bidder further offers to furnish materials, equipment or services in compliance with all terms, conditions, and specifications herein including all amendments. Submitting this document constitutes complete understanding and compliance with the terms and conditions and certifies that all-necessary facilities and personnel are available and established at the time of bid submittal.

AUTHORIZED COMMUNICATION

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

7 OFFER SHEET AUTHORIZATION AND VENDOR CONTRACT SIGNATURE PAGE

Complete, sign (where required), and return the required submittals detailed in this section. Any Bid received without any one or more of the required submittals may be rejected for lack of responsiveness.

The authorized signatory below acknowledges having read and understood the entire solicitation and agrees to comply with the terms and conditions of the solicitation in submitting and fulfilling the offer made in its Quote and any subsequently awarded Contract/Purchase Order.

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

AUTHORIZED OFFER AND CONTRACT SIGNATURE PAGE

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

The Authorized Signatory below represents that he/she has the authority to bind the entity named below to the Response submitted and any Contract awarded as a result of this Solicitation.

Authorized Signature/Legal Notice Contact Information:

(Company Name)

(Typed Name)

(Address)

(Title)

(City) (State) (Zip)

(Phone and Fax Numbers.)

(Federal Tax Identification Number FIN#)

Email

Date of Submittal:

*Must Sign* Bidders Company Name

PROCUREMENT TIMELINE SCHEDULE

The dates listed below represent the projected procurement schedule. The Purchasing Activity reserves the right to change the schedule. Notification of amendments to the procurement schedule prior to bid opening, will be sent electronically to all properly registered users of the Department of Enterprise Services, Washington Electronic Business Solution (WEBS) who downloaded this Solicitation. https://fortress.wa.gov/ga/webs/ Change to Procurement Schedule after Bid Opening may be communicated to all bidders reflecting changes.

02/25/2019

Open Posted Solicitation Document (download from https://fortress.wa.gov/ga/webs/ )

02/28/2019

Answers posted on WEBS 5:00 PM PST, Amendment(s) issued, if applicable

03/05/2019

Evaluation begins

Protest Period ends 5 business days after ASV announced…Purchase Order Issued to Awarded vendor

8 QUOTE SUBMITTALS

Manufacture:

SPECIFICATIONS

Model: HC-E4N-3G/D9390SK-1R propeller(s) complete overhaul recondition, all applicable AD notes, service bulletins, and service letters complied with at time

All bids must meet mandatory specifications as detailed below.

MANDATORY SPECIFICATIONS:

· Bids must include shipping to and from WSP Hangar, Olympia, WA.

· Bids must include pick-up and delivery of propellers

· Bids must include a copy of warranty on parts and labor.

· Props are to be 100% compliant in accordance with all current airworthiness directives, manufactures service instructions, service bulletins, and service information.

· Overhaul to be completed by Hartzell Factory Trained Technicians using only Hartzell factory parts.

· Vendors must be within 150 miles of KOLM to allow inspection of props, parts, and or/ overhaul facility.

· Bidders must include “Discount Amount” on additional parts (found as a discoverable) – “example bidder will give a 33% discount on all additional parts”.

· Bidders must include hourly rate for any additional parts to be replaced if found as a discoverable upon inspection.

· Vendors will be required to seek WSP approval prior to any additional repairs (discoverable) in addition to the overhaul bid.

· Minimum 10 years’ experience overhaul and repair of Hartzell turbine engine propellers (Please provide a copy of business license or copy of FAA repair station)

· Delivery; Turnaround time not to exceed 12 business days from pick-up to delivery.

http://dor.wa.gov/content/findtaxesandrates/salesandusetaxrates/lookupataxrate Sales tax/use tax is for informational purpose only & has no impact on award

Statewide Vendor Payment Registration *Required

· Receiving payments from the state link http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx

· No payment shall be made until the registration is complete *Payee form link http://www.des.wa.gov/SiteCollectionDocuments/HRPayroll/SACS/vendorPayeeReg.pdf

Authorized Dealer *Required

· Must be an Authorized Dealer and provide documentation affirming dealer authorization

SPECIAL TERMS AND CONDITIONS

DEMONSTRATE – COSTS TO PROPOSE

You may be required to demonstrate your equipment/product at the “ship to” address. Be prepared to do so within 5 days of notification. The Agency will not be liable for any costs incurred by the vendor in preparation of proposal submitted in response to this RFQ, in conduct of a presentation, or any other activities related to responding to this RFQ.

ALL OR NOTHING

In the case of multiple items being requested on this solicitation, the Procurement Coordinator reserves the right to issue the resulting purchase order(s) based on an all or nothing or a multiple award basis. Product substitutions after the award has been made will not be accepted.

AMENDMENTS AND REVISIONS

WSP reserves the right to revise the Schedule or other portions of this RFQ at any time. WSP may correct errors in the solicitation document identified by WSP or a Vendor. Any changes or corrections will be by one or more written Amendment(s), dated, and posted with this solicitation document on WEBS https://fortress.wa.gov/ga/webs/ While the original solicitation may be posted in numerous locations, Amendments will only be posted in WEBS. Vendors are responsible for checking WEBS for changes and should do so frequently.

Changes identified after the Response Due Date & Time may not be available on the website. If the website is not available, WSP will send the Amendment to only the Vendors who submitted a Response.

If Vendors did not receive this RFQ via WEBS, please register with WEBS at the website above under one or more of the commodity codes listed on the title page of this RFQ in order to receive further notifications.

WSP will not be responsible for notifying Vendors of changes in any other manner. All changes must be authorized and issued in writing by the Procurement Coordinator. If there is any conflict between Amendments, or between an Amendment and the RFQ, whichever document was issued last in time shall be controlling.

BIDS SUBMITTED EMAILED

Please submit Bids via email directly to the Procurement Coordinator listed above. All email submissions must have the RFQ number WSP Bid Number WSP AAA199210 in the subject line. The Procurement Coordinator 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, submit as a PDF.

BIDS SUBMITTED HARD COPY

When submitting a Bid by hard copy, the Procurement Coordinator 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, submit as a PDF. In the event that a hard copy and an electronic copy do not agree, the hard copy will control.

DEALER MANUFACTURING AUTHORIZATION

The Bidder, if other than the manufacturer, shall provide upon request (this letter/request is at WSP’s discretion) 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 will result in bid rejection.

DELIVERY / FUNDING CONTINGENCY

Delivery time is of the essence and may be a factor in making the award. All goods and/or services covered by this bid/order must be received at destination on or before March 26th 2019.

EXEMPTIONS

In the event requirements of the State Environmental Policy Act, as amended, or the Forest Practices Act, as amended, cannot be satisfied, the State reserves the right to cancel any and all of this project/order and shall not be held liable for expenses or inconveniences suffered by the contractor except for those already incurred, with mutual agreement.

FEDERAL DEBARMENT AND SUSPENSION {IF APPLICABLE}

Vendor certifies they are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily, excluded from participating in any contract by any Federal Department or Agency.

http://usgovxml.com/dataservice.aspx?ds=EPLS

INDEFINITE DELIVERY – INDEFINITE QUANTITY PURCHASES

There is no guarantee to the vendor of any additional orders under the awarded bid, other than the initial purchase quantity in this RFQ. However, the contract will allow the placement of future purchase on an as needed basis under the same terms & conditions as those established for the initial purchase quantity throughout the 1 year term of the contract.

LABELING

Individual shipping cartons shall be labeled with the name of the ordering agency, order number, contract number, contractor, state stock numbers, and where applicable, date of manufacture, batch number, storage requirements, conditions, and recommended shelf life. Bidders are encouraged to offer product packaging with recycled content.

MATERIALS AND WORKMANSHIP

The Contractor shall be required to furnish all materials, equipment and/or services necessary to perform contractual requirements. Materials and workmanship in the construction of equipment for this contract shall conform to all codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for which intended. Materials shall be manufactured in accordance with the best commercial practices and standards for this type of equipment.

PACKAGING

Specifications: Unless otherwise specified, goods are to be packaged in cartons meeting federal specifications and shipped on non-returnable pallets. Pallets shall not exceed 2,500 pounds in weight, 48 inches high and 6 feet wide.

PERSONAL LIABILITY

It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the State of Washington be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.

PRICING

Components: The pricing offered must include all cost components needed for the delivery of the goods and/or services except for any sales tax. All costs associated with the goods and/or services specified must be incorporated into the price of the Bid. Failure to identify all costs in a manner consistent with the instructions in this Solicitation is sufficient grounds for disqualification.

Contractor warrants that prices of materials, equipment, and services set forth herein do not exceed those charged by the Contractor to any other customer purchasing the same goods or services under similar conditions and in like or similar quantities.

PRODUCT

Contractor warrants that all materials, equipment and/or services provided under this contract shall be fit for the purpose(s) for which intended, for merchantability and shall conform to the requirements and specifications herein. Acceptance of any service and inspection incidental thereto by the state shall not alter or affect the obligations of the Contractor or the rights of the State.

PROTEST PROCEDURES

For details and process please see T&C embedded document(s). The contact will be the Property Management Division SPO Purchasing coordinator conducting this Bid. Please include specific Bid title reference with any material. If by mail please use the WSP mailing address/contact information located at the beginning of this document.

PURCHASE ORDERS

Bidder agrees to only accept purchase orders placed against this contract from the WSP Supply Section.

RIGHT TO CANCEL

With respect to all or part of this RFQ, WSP reserves the right to cancel or reissue at any time without obligation or liability.

SHIPPING TERMS

All bidders are required to bid FOB destination. The seller will pay shipping costs, and remain responsible for the goods until the buyer takes possession Failure to do so may be sufficient reason to find bid non-responsive. This information will be used in quote evaluation.

STANDARD PRODUCTION MODEL

Unit shall be new (unused) current standard production model and shall be completely prepared for customer delivery through service by a factory-franchised dealer prior to delivery. Each unit shall include all inspection coupons, certicards, or warranty identification cards furnished to the trade in general in accordance with standard warranty policy. All accessories as listed herein shall be identical to those regularly supplied to the dealer by the original equipment manufacturer, and shall be of the identical quality and design as those normally installed on units for sale through normal commercial channels. Units supplied shall have all the latest changes and features offered as standard whether called for in these specifications or not.

WARRANTIES AND REPAIRS

Warranty(s): Bidder will submit a copy of warranty as an attachment to bid and items delivered under this contract will also be accompanied by a copy of the warranty. Unless otherwise specified, full parts and labor warranty period shall be for a minimum period of one (1) year after receipt of materials or equipment by the Purchaser. All materials or equipment provided shall be new, unused, of the latest model or design and of recent manufacture.

The authorized signatory above acknowledges having read and understood the entire solicitation and agrees to comply with the terms and conditions of the solicitation in submitting and fulfilling the offer made in its Bid. By submitting this Bid, Bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions and specifications contained in this solicitation.

In the event of conflict between contract terms and conditions and warranty submitted, to afford the state maximum benefits, the contract terms and conditions shall prevail.

WASHINGTON LEGISLATION/ FUNDING

This contract is subject to cancellation, without penalty, either in whole or in part, if funds are not appropriated by the Washington Legislature. Obligations of the State will cease immediately without penalty of further payment being required if the Washington State Legislature fails to appropriate or make available sufficient funds for this agreement.

CHECK LIST

This checklist is provided for Bidder's convenience only and identifies the documents to be submitted with each Response. Any Response received without any one or more of these documents may be rejected as being non-responsive.

CONTRACTOR CERTIFICATION

WAGE THEFT PREVENTION – RESPONSIBLE BIDDER CRITERIA

WASHINGTON STATE GOODS & SERVICES CONTRACTS

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

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

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

OR

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

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

Print Name of person making certifications for firm

Return Contractor Certification to Procurement Coordinator at:

amel.alsalman@wsp.wa.gov

CONTRACTOR CERTIFICATION – WAGE THEFT PREVENTION: GOODS & SERVICES CONTRACTS APPENDIX A (Rev. 7-12-2017) image1.emf

WSP Competitive Terms & Conditins 5-19-14.doc

Competitive Procurement Standards

Competitive Procurement Standards

APPENDIX A

RFQ WSP AAA199210

State of Washington

PAGE

4I.

STANDARD DEFINITIONS

7II.

STANDARD INSTRUCTIONS TO BIDDERS

9III.

STANDARD TERMS AND CONDITIONS (T’s & C’s)

This booklet contains Standard Terms and Conditions, Definitions, and Instructions to Bidders.

Competitive procurement documents including Invitations for Bids (IFB), Request for Quotation (RFQ), and Request for Proposal (RFP), will include sections of this booklet by reference. This means the referenced sections apply to the procurement and to contracts resulting from the procurement process. You do not have to attach copies of the applicable sections with the IFB, RFQ, or RFP you submit.

Each section will indicate its revised date. The competitive procurement document will indicate the revised date of the applicable sections. It is your responsibility to read and understand the latest revisions.

Do not dispose of this document until it is revised. Sections will be revised separately since it contains standards; you may refer to the referenced sections for every bid or proposal you submit.

PAGE

I. STANDARD DEFINITIONS REVISED

1. ALTERNATE

2. BID

3. BIDDER

4. CONTRACT

5. CONTRACTOR

6. CONTRACTOR’S REPRESENTATIVE

7. CONVENIENCE CONTRACT

8. EQUAL

9. FREE ON BOARD (FOB) DESTINATION

10. LEAD TIME

11. MANDATORY CONTRACT

12. NONPROFIT CORPORATIONS

13. POLITICAL SUBDIVISION

14. PURCHASER

15. RECOVERED MATERIAL CONTENT PRODUCTS

16. STATE AGENCY

17. STATE PROCUREMENT OFFICER (SPO)

18. SUPPLIER

19. SUBCONTRACTOR

II. STANDARD INSTRUCTIONS TO BIDDERS REVISED

1. BIDDER’S RESPONSIBILITIES

2. QUESTIONS & INQUIRIES

3. PREPARATION OF BID

4. WITHDRAWAL OR MODIFICATION OF BID

5. BID OPENING

6. AWARD

7. CONTRACT FORMATION

8. INTERNET BIDDERS

9. AFFIRMATIVE EFFORTS TO INCREASE MWBE’S PARTICIPATION

III. STANDARD TERMS AND CONDITIONS (T’S &C’S)

1. ENTIRE AGREEMENT

2. CONFLICT AND SEVERABILITY

3. ANTITRUST

4. NONDISCRIMINATION

5. WORKERS RIGHT TO KNOW

6. GIFTS AND GRATUITIES

7. RIGHTS AND REMEDIES

8. INSTATE PREFERENCE-RECIPROCITY

9. PROTESTS

10. OPTIONAL CONTRACTOR DEBRIEFING

11. SAVE HARMLESS

12. PERSONAL LIABILITY

13. SUPERVISION AND COORDINATION

14. ADVERTISING

15. SUBCONTRACTS/ASSIGNMENT

16. TAXES, FEES AND LICENSES

17. WARRANTIES

18. LIENS, CLAIMS AND ENCUMBRANCES

19. DELIVERY

20. INSPECTIONS AND REJECTION

21. TITLE AND RISK OF LOSS

22. PERFORMANCE

23. IDENTIFICATION

24. CHARGES FOR HANDLING

25. INVOICING

26. PAYMENT

27. QUALITY STANDARDS

28. DETERMINATION OF RESPOSIBILITY

29. AWARD FACTORS

30. VENDOR REGISTRATION

31. CHANGES

32. ADDITIONS OR DELETIONS

33. CONTRACT SUSPENSION

34. BREACH, DEFAULT, TERMINATION

35. OPPORTUNITY TO CURE DEFAULT

36. LEGAL FEES

37. FORCE MAJEURE

38. MINORITY, VETERAN AND WOMEN’S BUSINESS ENTERPRISES (MWBE)

39. ESTABLISHED BUSINESS

40. LOWEST COST PURCHASE AUTHORITY

41. PROPRIETARY INFORMATION

42. OSHA AND WISHA REQUIREMENTS

43. TRAINING

44. DEFAULT CHARGES

45. INSURANCE

STANDARD DEFINITIONS

This section contains definitions of some of the terms commonly used in our competitive procurements. Additional definitions in WAC-200-300-015

1. ALTERNATE

Goods or services that deviate with respect to features, performance, or use from the goods or services specified in the procurement document.

2. BID

A written offer to perform a contract to provide goods or services to the State in response to an IFB.

3. BIDDER

A supplier who submits a bid to the State of Washington.

4. CONTRACT

An agreement, or mutual assent, between two or more competent parties with the elements of the agreement being offer, acceptance, and consideration.

5. CONTRACTOR

An individual, company, corporation, firm, or combination thereof with whom the State of Washington develops a contract for the procurement of goods or services.

6. CONTRACTOR'S REPRESENTATIVE

An individual designated by the bidder or Contractor to act on its behalf and with the authority to legally bind the bidder or Contractor concerning the terms and conditions set forth in bid and contract documents.

A. Designation: Bidder shall provide name, address, and phone number of contractor(s) representative as required in bid documents.

B. Responsibility: Contractor’s representative shall function as the primary point of contact, shall ensure supervision and coordination and shall take corrective action as necessary to meet contractual requirements.

C. Availability: Contractor’s representative, or designee, shall be available at all times during normal working hours throughout the term of the contract.

7. CONVENIENCE CONTRACT

A contract is established strictly to facilitate ordering without conducting repetitive solicitations. Purchasers have the option to purchase elsewhere.

8. EQUAL

Goods or services that meet or exceed the quality, performance, and use of the brand, model, or specifications in the procurement document.

9. FREE ON BOARD (FOB) DESTINATION

State accepts legal title of goods at point of delivery. Contractor determines mode of freight and accepts responsibility for payment of freight charges. Contractor accepts responsibility for processing of freight claims.

10. LEAD TIME

The period of time between when the contractor receives the order and the agency receives the goods.

11. MANDATORY CONTRACT

A contract which state agencies, excluding colleges and universities, must use for the purchase of goods or services specified in the contract; colleges and universities who choose to purchase under RCW 28B.10.029 are not required to use this contract. They may use this contract at their convenience. State agencies do not have to use the contract if:

Purchases are made under RCW 39.26.125 per Policy# DES-125-03. DES has authorized agencies to purchase goods or services on state contract from non-contract suppliers, Per Section 3, Paragraph 39. The minimum order quantity specified in the contract exceeds the agency’s needs. The contractor cannot deliver required goods or services in time to meet agency needs.

12. NONPROFIT CORPORATIONS

An organization meeting all of the following qualifications:

Registration with the Secretary of State in the State of Washington as a Nonprofit Corporation;

Has Federal Tax Status as a 501(C) 3 Nonprofit Corporation;

Is receiving a portion of its funding directly from public agencies, either Federal, State of Washington, or Political Subdivisions of the State of Washington.

13. POLITICAL SUBDIVISION

Any unit of local government within the states of Washington and/or Oregon that receives state funds; e.g. cities, counties, school districts, special purpose districts, local service districts, is a member of the states’ purchasing co-op, and is authorized to purchase from state contracts by inter local agreements. For the state of Oregon, the term “political subdivision” includes nonprofit corporations and Institutions of higher education (e.g. Colleges and Universities, Community and Technical Colleges).

14. PURCHASER

Unless otherwise restricted by the Invitation for bid, includes all members of the State of Washington State Purchasing Cooperative (WSPC) and/or State of Oregon Cooperative Purchasing Program (DASCPP/ORCPP) including where applicable: State agencies, Political subdivisions of Washington or Oregon states, Qualified Non-profit Corporations, Institutions of higher education (e.g. College and Universities, Community and Technical Colleges) who choose not to purchase independently.

15. RECOVERED MATERIAL CONTENT PRODUCTS

Post Consumer Waste is: Paper, paperboard, and fibrous wastes from buildings such as retail stores, office buildings, (and) homes, after the wastes have passed through their end-usage, as a consumer item, including: used corrugated boxes, old newspapers, old magazines, mixed waste paper, tabulating cards, and used cordage; and All paper, paperboard, and fibrous wastes that enter and are collected from municipal solid waste; and; All other items containing plastics, yard waste, metals, glass, rubber, oil, or any other material that is suitable as feed stock in product manufacture, and;

Secondary Waste: including manufacturing and other wastes such as: Dry paper and paperboard waste generated after completion of the paper-making process, that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets including: envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting from printing, cutting, forming, and other converting operations; bag, box, and carton manufacturing wastes; and butt rolls, mill wrappers, and rejected unused stock; Finished paper and paperboard from obsolete inventories of paper and paperboard manufacturers, merchants, wholesalers, dealers, printers, converters, or others; Wastes generated by the conversion of goods made from fibrous material, that is, waste rope from cordage manufacture, textile mill waste, and cuttings; and Fibers recovered from wastewater that otherwise would enter the waste stream.

16. STATE AGENCY

State Institutions, colleges, community colleges, technical colleges, college districts, and universities, the offices of the elective state officers, the supreme court, the court of appeals, the administrative and other departments of state government, and the offices of all appointive officers of the state.

17. STATE PROCUREMENT OFFICER (SPO)

An individual designated by the State of Washington, Department of Enterprise Service, Washington State Patrol Procurement to act on behalf of the state to develop and administer contracts within the limits established by law.

18. SUPPLIER

A business that provides or furnishes goods, materials, or services.

19. SUBCONTRACTOR

A person or business who is providing or performing an essential aspect of the contract under the direction of the contractor.

STANDARD INSTRUCTIONS TO BIDDERS

This section contains instructions regarding the preparation and submission of bids, proposals, or quotations.

20. BIDDER’S RESPONSIBILITIES

Read and understand the IFB, RFQ, RFP, and all attachments.

Seek clarifications if necessary.

Become familiar with, and abide by, applicable federal laws, state and local statutes, regulations, and ordinances.

Visit delivery and service locations as required. Become familiar with and verify any environmental factors that may impact current or future pricing.

Federal Debarment and Suspension (if applicable)

Vendor Certifies they are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily, excluded from participating in any contract by any Federal Department or Agency. WWW.SAM.COM

21. QUESTIONS & INQUIRIES

All questions related to the IFB, RFQ, or RFP, shall be directed to the Procurement Coordinator. Inquiries shall be in writing and shall reference the appropriate section and paragraph number. Questions received less than ten (10) calendar days prior to bid opening may not be considered. Only questions answered by written amendment are binding. Oral interpretations have no legal effect.

22. PREPARATION OF BID

Due Date and Time: Bids must be received on or before the specified date and time. Late bids will be returned unopened or rejected. Format: Bids shall be submitted on the forms provided in the IFB, RFQ, or RFP, which may be copied. Incomplete bids will be rejected with consideration of alternate action available per WAC Chapter 200 through 300.

Prices: Bidders shall extend unit pricing as required. In the event of an error in the extension of prices, the unit price shall prevail. Bid prices shall include all associated costs and remain firm for ninety calendar days after bid opening date. Bid prices shall not include sales tax.

Identification: Bids submitted via email

When submitting a Bid by email, the Procurement Coordinator 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, submit as a PDF. All submittals must reference bid number in subject line.

Bid(s) can also be submitted by mail to the addressed as shown below:

Bidders Return Address

Bid Number:

Washington State Patrol, Supply Section

ATTN: Amel Alsalman

RFQ: WSP AAA199210

Physical address:

8543 Armstrong Road SW, TUMWATER 98512

Mailing Address:

PO Box 42625

Olympia WA 98504-42625

23. WITHDRAWAL OR MODIFICATION OF BID

Prior to submittal: Bid changes or modifications shall be initialed in ink by a contractor’s representative.

After submittal: At any time prior to the date and time set for opening, the bidder may, upon written request, modify or withdraw the bid. After bid opening: No bid shall be altered or amended. The Director or designee may allow a bid to be withdrawn if the bidder demonstrates that they miscalculated bid prices. A low bidder, who claims error and fails to enter into a contract with the state, shall be prohibited from bidding on the same commodity or service if the requirement is subsequently rebid by the state. Negligence in preparing a bid does not give a bidder the right to withdraw their bid after opening.

24. BID OPENING

Only the name of the bidder and the time of receipt are read aloud at the time of the bid opening. The reading does not determine award of the contract. All bids submitted become the property of the State and is a matter of public record.

25. AWARD

Upon award, notification will be sent to all participating bidders. Bid results will not be given over the phone. Additional information may be obtained by:

Download the Current Contract Information document (CCI) from DES website or (see note below) or;

Requesting a copy of the bid tabulation or;

Reviewing the purchase/contract file after award.

26. CONTRACT FORMATION

Your bid response to the IFB, RFQ, or RFP, is an offer to contract with the state. A bid response becomes a contract when officially accepted in writing by the state.

27. INTERNET BIDDERS

If you received a copy of this bid through the Internet, please note that the system is designed to keep track of businesses that have received a specific document. Therefore, it is also the bidder's responsibility to check the Internet page for amendment, or modifications prior to submitting a bid or proposal. The state accepts no liability and will provide no accommodation to bidders who fail to check for amendment and submit inadequate or incorrect responses. Bidders should be sure to check the Amendment last issued field or contact the Procurement Coordinator to ensure they have the most recent information.

28. Affirmative efforts to increase MWBE’s participation by

A. Mandatory Efforts Bidders/Proposers shall provide MWBE’s that express interest with adequate and timely information about plans, specifications, and requirements of the Contract.

B. Voluntary Efforts Bidders/Proposers/Contractors are encouraged to:

Break down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by MWBE’s, Veteran owned and other small businesses.

Establish delivery schedules, where the requirements of this contract permit, that encourage participation by MWBE’s, Veteran owned and other small businesses.

Reduce bonding requirements where practicable.

Utilize the services of available minority community organizations, minority contractor groups, local minority assistance offices and organizations that provide assistance in the recruitment and placement of MWBE’s, Veteran owned and other small businesses.

Advertise for subcontractors or suppliers in a manner reasonably designed to provide MWBE’s capable of performing the work with timely notice of such opportunities. All advertisements should include a provision encouraging participation by MWBE firms. Advertising may be done through general advertisements or by soliciting bids/proposals directly from MWBE’s.

The actions described in this section should supplement efforts to provide information to all qualified firms, and nothing in this section is intended to prevent or discourage the Bidders/Proposers/Contractors from inviting bids or proposals for participation from non-MWBE firms as well as MWBE firms.

STANDARD TERMS AND CONDITIONS (T’s & C’s)

The terms and conditions in this section apply to all invitations to bid and requests for proposals and requests for quotations except as noted.

29. ENTIRE AGREEMENT

This document, including all amendment and subsequently issued change notices, comprises the entire agreement between the State Of Washington and the Contractor and shall be governed by the laws of the State Of Washington incorporated herein by reference. The venue for legal action shall be the Superior Court for the State Of Washington, County of Thurston. The state reserves the right to reject bids that propose alternate or additional terms and conditions.

30. CONFLICT AND SEVERABILITY

Conflict: In the event of conflict between contract documents and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this contract to afford the state maximum benefits.

Severability: Any provision of this document found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the document.

31. ANTITRUST

The state maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, the Contractor hereby assigns to the state any and all claims for such overcharges except overcharges which result from antitrust violations commencing after the price is established under this contract and which are not passed on to the state under an escalation clause.

32. NONDISCRIMINATION

A. Employment: Acceptance of this contract binds the Contractor to the Terms and Conditions of Section 601, Title VI, Civil Rights Act of 1964, as may be amended: In that "No person in the United States shall, on the grounds of race, color, national origin, sex, or age, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance." In addition, "No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Unless exempted by Presidential Executive Order #11246, as may be amended or replaced and applicable regulations there under, Contractor shall not discriminate against any employee or applicant for employment.

B. Contracting: Contractors, Bidders, and Proposers shall not create barriers to open and fair opportunities for all businesses including MWBE’s to participate in all State contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services. In considering offers from and doing business with subcontractors and suppliers, the Contractor shall not discriminate on the basis of race, color, creed, religion, sex, age, nationality, marital status, or the presence of any mental, or physical disability in an otherwise qualified disabled person.

33. WORKERS RIGHT TO KNOW

Recently passed "right to know" legislation required the Department of Labor and Industries to establish a program to make employers and employees more aware of the hazardous substances in their work environment. WAC 296-62-054 requires among other things that all manufacturers/distributors of hazardous substances, including any of the items listed on this IFB, RFQ, or contract bid and subsequent award, must include with each delivery completed Material Safety Data Sheets (MSDS) for each hazardous material. Additionally, each container of hazardous material must be appropriately labeled with:

The identity of the hazardous material, Appropriate hazardous warnings, and

Name and address of the chemical manufacturer, importer, or other responsible party.

Labor and Industries may levy appropriate fines against employers for noncompliance and agencies may withhold payment-pending receipt of a legible copy of the MSDS. It should be noted that OSHA Form 20 is not acceptable in lieu of this requirement unless it is modified to include appropriate information relative to "carcinogenic ingredients" and "routes of entry" of the product(s) in question.

34. GIFTS AND GRATUITIES

In accordance with RCW 42.52.150 and 160 and 170, it is unlawful for any person to directly or indirectly offer, give or accept gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with state business practices to another to refrain from submitting a proposal. Further RCW 42.52.180 and the Ethics in Public Service Law, Chapter 42.52 RCW prohibits state officers or employees from receiving, accepting, taking or seeking gifts (except as permitted by RCW 42.52.150) if the officer or employee participates in contractual matters relating to the purchase of goods or services.

35. RIGHTS AND REMEDIES

In the event of any claim for default or breach of contract, no provision in this document or in the bidder's offer shall be construed, expressly or by implication, as a waiver by the state of any existing or future right and/or remedy available by law. Failure of the state to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract or by law, or the acceptance of (or payment for) materials, equipment or services, shall not release the Contractor from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the state to insist upon the strict performance of the contract.

36. INSTATE PREFERENCE-RECIPROCITY (This paragraph does not apply to request’s for quotation’s)

Pursuant to WAC 200-300-075 the Department of Enterprise Services has established a schedule of penalties applicable against firms submitting bids from states which grant a preference to their own in-state businesses.

The appropriate percentage penalty will be added to each bid bearing the address from a state with in-state preferences rather than subtracting a like amount from…