WSP-RFQQ-TOXTST_ Solicitation.docx.crdownload

STATE OF WASHINGTON

WASHINGTON STATE PATROL

REQUEST FOR QUALIFICATIONS AND QUOTATIONS

RFQQ NO. WSP-RFQQ-TOXTST

PROJECT TITLE: Toxicology Forensic Testing

Anticipated Procurement Schedule WSP reserves the right to revise the schedule Times are at Pacific Standard Time

DEBRIEFING CONFERENCE: Unsuccessful Bidders may request Debriefing until 4:00 PM three business days from after ASB Announcement

PROTEST: Bidder may submit protest until 4:00 PM no later than five business days from the Bidder’s Debrief Conference

Protest Period Ends: 4:00 pm five business days after Bidder’s Debrief Conference

Contract Terms

BIDDER ELIGIBILITY: This procurement is open to those Bidders that satisfy the minimum qualifications as outlined in Section 4.1 herein.

TABLE OF CONTENTS

INTRODUCTION

1.1 Purpose

The purpose of this solicitation is to establish a contract with a forensic testing laboratory accredited by the ANSI National Accreditation Board (ANAB) to the ISO/IEC 17025 standard and American Board of Forensic Toxicology (ABFT) requirements which is capable of providing timely forensic toxicology analysis for common or emerging drugs and/or alcohol in death and impaired driving/DUI investigation cases that the Washington State Patrol (WSP) Toxicology Laboratory Division does not respectively have the resources to perform in-house, or for which WSP Toxicology Laboratory Division cannot detect the specific drugs. WSP may award one or more contracts to Bidders who submit proposals as a result of this RFQQ. WSP Toxicology Laboratory Division shall send samples to be tested on a flow basis, according to the fee schedule provided by Bidder in its proposal.

1.2 Background

The WSP Toxicology Laboratory Division is accredited by ANAB to the ISO/IEC 17025 standard and ABFT requirements and provides toxicological testing of biological specimens for the presence of alcohol and other drugs, with case submissions from law enforcement agencies, medical examiners, coroners, and other agencies, statewide (the customer).

The WSP Toxicology Laboratory Division’s ANAB accreditation requires that Contractors performing testing be evaluated and deemed competent to perform the work. The WSP Toxicology Laboratory Division is responsible to the customer for the work of the Contractor, and WSP Toxicology Laboratory Division internal policy requires that only approved Contractors may perform testing on evidence submitted to the Laboratory, unless otherwise specified by the customer.

The WSP Toxicology Laboratory Division will perform an evaluation of all bidders under this RFQQ using the evaluation criteria set forth herein. In accordance with the WSP Toxicology Laboratory Division’s accreditation requirements, once approved, the Contractor will be re-evaluated annually to ensure they continue to meet those standards on which the original evaluation/approval was based. The re-evaluation includes, but is not limited to, review of the Contractor’s accreditation status, quality management system, metrological traceability, reporting and scope of testing.

Proposals must be submitted in accordance with the instructions in Attachment 2, Proposal Submission Instructions to this RFQQ.

2.2 Responsiveness.

All proposals will be reviewed by the RFQQ Coordinator to determine compliance with this section. The Bidder is specifically notified that failure to comply with this section or to provide all documentation required, may result in rejection of Bidder’s proposal as non-responsive. WSP reserves the right, however, in its sole discretion to waive minor administrative irregularities.

1. RFQQ ADMINISTRATION

3.1 RFQQ Coordinator

The RFQQ Coordinator is the sole point of contact in WSP for this procurement. All communication between the Bidder and WSP regarding this RFQQ shall be with the RFQQ Coordinator, listed on page one of this RFQQ.

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

3.2 Bidder’s Questions and Answers

Questions concerning this RFQQ must be submitted in writing via e-mail to the RFQQ Coordinator at the email address listed on page one of this RFQQ. Questions must be received by the RFQQ Coordinator no later than the date and time listed within the Anticipated Procurement Schedule on page one of this RFQQ. Answers to Bidder’s questions will be posted on WEBS.

3.3 Amendments to the RFQQ

If Bidder questions result in changes to the RFQQ, written amendments to the RFQQ will be issued and posted on WEBS.

3.4 Bidders’ Conference

The purpose of a Bidders’ Conference is to answer questions so that all potential bidders understand the requirements of the solicitation. A Bidder’s Conference will be held but is not mandatory for submission of a Bid.

3.5 Oral Presentation/Interview

The purpose of Oral Presentations or Interviews is to assist WSP in making a determination of suitability of the Bidder’s product or service for the purpose of this RFQQ, and to aid WSP in making selection of the ASB. WSP, in its sole discretion will determine if an Oral Presentation/Interview is necessary. WSP, in its sole discretion may contact the two or three top-scoring Bidders to schedule a date, time and location for the Presentation/Interview. Commitments made by the Bidder at the Oral Presentation/Interview, if any, will be considered binding. An Oral Presentation/Interview, if called by WSP shall be mandatory. Any Bidder that does not attend the Presentation/Interview shall be considered nonresponsive and shall not be given further consideration. The Oral Presentation/Interview will be scored only if scoring is included in Attachment 3, Evaluations and Scoring.

3.6 Contract Award Announcement

WSP shall offer a contract to the Bidder chosen as the Apparently Successful Bidder (ASB) via email. Upon the ASB’s acceptance of the contract, WSP shall issue a Notification of Award on WEBS: https://fortress.wa.gov/ga/webs to all responding Bidders announcing the ASB. WSP considers the Award Date as the date that Notification of Award is issued through WEBS.

3.7 Notification to Unsuccessful Bidders

Bidders whose proposals have not been selected for award will be notified via WEBS.

1. PROPOSAL REQUIREMENTS and BIDDER OBLIGATIONS

4.1 Minimum Qualifications

Each proposal must show how the Bidder meets the following mandatory minimum qualifications:

· In order to enter into a contract with the WSP, the company must be licensed to do business in the State of Washington. If currently licensed the bidder must provide a copy of the license with its proposal. If not currently licensed in Washington and the bidder is chosen as the ASB, the bidder must produce a copy of its Washington Business License before a contract can be signed.

· The Bidder must meet insurance requirements as set forth in Section 4.10.

· Bidders for this project must be accredited by ANSI-ASQ National Accreditation Board (ANAB) to the ISO/EIC 17025 standard and ABFT requirements for forensic toxicology testing.

· Bidders must have the ability to test for a broad array of therapeutic drugs and drugs of abuse (to include differentiation of delta-9 THC from cannabinoid analogs) and update their scope of testing periodically to include emerging drugs.

· Bidder must have the ability to distinguish between the delta-8 and delta-9 isomers of THC (cannabis).

· Bidder must have the ability to provide litigation packages and/or expert testimony upon request by prosecuting/defense attorneys and provide WSP Toxicology Laboratory Division customers with continuity in service and presentation of results.

· Bidder’s test results must include information on drug indications, typical therapeutic range, and test method information (e.g., limit of detection/quantitation, reporting range, instrumentation).

· Bidder’s results must be accepted in criminal and administrative proceedings and hearings in Washington state, and that results have been relied on for issuance of death certifications.

· Upon WSP Toxicology Laboratory Division request, Bidder must provide WSP Toxicology Laboratory Division with “uncertainty of measurement” for every quantitative result that is reported.

· Bidder must provide the following with its proposal:

· Certificate and Scope of ISO 17025 and ABFT Accreditation by ANAB

· Traceability and Quality Control Processes

· Standard Operating Procedures and/or relevant policies

· Example test report for the requested tests/scope of testing

· Example litigation package and litigation package and expert testimony pricing

4.2 Acceptance Period

Proposals must provide 60 days for acceptance by WSP from the due date for receipt of proposals. Proposals that do not contain a 60-day acceptance period shall be considered non-responsive and will not receive further consideration.

4.3 Most Favorable Terms

WSP reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the Bidder can propose. WSP, in its sole discretion, reserves the right conduct a Best and Final Offer (BAFO) concerning any item of evaluation contained within the solicitation. If a BAFO is conducted, Bidders are notified that failure to respond to the BAFO shall result in Bidder being disqualified from bidding. Additionally, WSP reserves the right to contact a specific Bidder for clarification on their proposal.

4.4 Cost to Propose

WSP will not be liable for any costs incurred by the Bidder in preparation of a proposal, BAFO, or any other response submitted in response to this RFQQ, in conduct of a presentation, or any other activities related to responding to this RFQQ.

4.5 Wage Laws Certification

Prior to awarding a contract, agencies are required to determine that a Bidder is a ‘Responsible Bidder,’ per RCW 39.26.160(2) & (4). Pursuant to legislative enactment in 2017, the Bidder shall certify that the Bidder has not willfully violated Washington’s wage laws (See Appendix B, Bidder’s Certification)

4.6 Workers’ Rights, Executive Order 18-03 Certification

Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03- Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), Washington State Patrol will evaluate bids for best value and provide a bid preference in the amount of 2% to any bidder who certifies that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver. (See Appendix B, Bidder’s Certification)

4.7 Minority and Women-Owned Businesses Participation

The State of Washington encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Preference Points, if any, will be noted on Attachment 3, Evaluations and Scoring. No minimum level of OMWBE participation shall be required as a condition for receiving an award. Proposals will not be rejected or considered non-responsive on that basis. Bidders are encouraged to register with OMWBE and may contact OMWBE at (866) 208-1064 or http://omwbe.wa.gov to obtain information on the certification process. Bidder’s shall indicate their participation in the OMWBE in Appendix B, Bidder’s Certification).

4.8 Proprietary Information/Public Disclosure

Materials submitted in response to this competitive procurement shall become the property of WSP. All proposals received shall remain confidential until the announcement of the Apparent Successful Bidder (ASB) by the Washington State Patrol; thereafter, the proposals shall be deemed public records as defined in RCW 42.56 (the Public Records Act) and RCW 39.26.030 (State Procurement Records - Disclosure).

Any information in the proposal that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated. The page must be clearly identified by the word “confidential” printed on each page. Marking the entire proposal exempt from disclosure will not be honored. The Bidder must be reasonable in designating information as confidential.

WSP will consider a Bidder’s request for exemption from disclosure and will make a decision predicated upon Chapter 42.56 RCW and Chapter 143-06 of the Washington Administrative Code. If any information Bidder has marked as confidential is deemed under the statute to be exempt from disclosure, such information will not be made available until the affected Bidder has been given an opportunity to seek a court injunction against the requested disclosure, pursuant to statutory requirements.

The Bidder should be prepared to accept this RFQQ and Bidder’s Proposal for incorporation into a contract resulting from this RFQQ. Whether or not chosen as the ASB, Bidder’s proposal will become a part of the official procurement file on this matter without obligation to WSP.

4.9 Washington Electronic Business Solution (WEBS)

Notification of amendments and results of the solicitation will only be provided to those Bidders who have registered with WEBS and have downloaded the RFQQ from WEBS. Bidders accept full responsibility and liability for failing to receive any amendments resulting from their failure to register with and download documents from WEBS. By submitting a bid, Bidders hold the State of Washington harmless from all claims of injury or loss resulting from such failure. Bidders are solely responsible for:

· Properly registering with the Department of Enterprise Services WEBS at: https://pr-webs-vendor.des.wa.gov/.

· Maintaining an accurate Bidder profile in WEBS

· Downloading the solicitation consisting of the RFQQ with all attachments, appendices, and all current and subsequent Q&A and/or amendments to the solicitation.

4.10 Insurance Coverage

If Bidder is chosen as the ASB, Bidder is required to carry commercial insurance in accordance with the instructions in Attachment 5, Insurance Requirements, to this RFQQ.

NOTIFICATIONS TO BIDDER

5.1 Period of Performance

The period of performance of any contract(s) resulting from this RFQQ is tentatively scheduled to begin and end on or about the dates indicated within the Anticipated Procurement Schedule on page one of this RFQQ. In its sole discretion, WSP reserves the option to revise the begin and end dates of the contract beyond what is anticipated. WSP, in its sole discretion, may extend the contract as needed at the same terms and conditions. In most cases, the total term, including the initial term and all subsequent extensions, is not expected to exceed five (5) years, unless an emergency exists and/or special circumstances require an additional term extension, to be determined by WSP in its sole discretion.

5.2 Funding

The estimated funding for this first year of the project shall not exceed the amount indicated in the Contract Terms on page one of this procurement. Additional funding may be added to the contract with any extension of the Contract End Date. Any contract(s) awarded as a result of this procurement is contingent upon the availability of funding.

5.3 No Obligation to Contract

This RFQQ does not obligate the State of Washington or WSP to contract for services specified herein. WSP reserves the right to cancel this RFQQ entirely, or to cancel and reissue the RFQQ in whole or in part at any time prior to the execution of a contract.

5.4 Evaluation and Scoring

Proposals will be evaluated in accordance with the procedures outlined in Attachment 3, Evaluations and Scoring, to this RFQQ.

5.5 Complaint, Debrief & Protest Requirements

Complaints, requests for Debrief and Protest Requirements must be submitted in accordance with the instructions in Attachment 4, Complaint, Debrief & Protest, to this RFQQ.

5.6 Rejection of Proposals

WSP reserves the right in its sole discretion to reject all proposals received without penalty and to not issue a contract as a result of this RFQQ.

5.7 Commitment of Funds

The Chief of the Washington State Patrol or those with authority delegated by the Chief of the Washington State Patrol are the only individuals who may legally commit WSP to the expenditures of funds for a contract resulting from this RFQQ. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract. WSP shall not be responsible for or pay for any costs incurred by Bidder incurred before receipt of a fully executed contract.

5.8 Rejection Due to Unsatisfactory Performance

Pursuant to the provisions of RCW 39.26.160, WSP may reject Proposals of any Bidder who has failed to perform satisfactorily under any previous contract. WSP shall notify the Bidder of such a rejection.

5.9 Sample Contract

The Apparent Successful Bidder will be expected to enter into a contract which is substantially the same as Attachment 7, Sample Contract hereto. In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation.

Issues, concerns, exceptions or objections to any of the terms or conditions contained in the Sample Contract shall be set forth in writing by the Bidder in Bidder’s Proposal as exceptions to the Sample Contract, set forth in Appendix I, Exceptions to Sample Contract. The exceptions shall be listed by section or paragraph with a description of each issue, concern, exception and/or objection, not as a red-lined copy of the model contract. WSP reserves the right to reject any and all revision requests. If the Bidder does not notify WSP of any exceptions to the contract, the Bidder will be deemed to have accepted the terms of the Sample Contract.

Successful Bidders are expected to sign the final contract within 30 days of receipt. Contracts not signed within designated time may be voided and the offer to contract may be rescinded.

5.10 Background Checks – for Apparently Successful Bidder

Any proposed Contractor team member or subcontractor who will have unaccompanied access to WSP facilities, electronic equipment, computers, data bases, or other sensitive or restricted information must submit to WSP criminal history fingerprint background checks (background check) at Contractor’s expense. Each person that requires a background check must complete Fingerprint Background Checks forms before performing any work under a contract resulting from this RFQQ and before unaccompanied access is granted. Sample forms are attached as an Exhibit to Attachment 7, Sample Contract.

Contractor and all team members and subcontractors requiring a background check shall comply with WSP instructions on submitting fingerprints and provide all requested information to WSP in order to complete the background checks.

In addition, Contractor and all team members and subcontractors requiring a background check shall undergo security awareness training online annually. A link to the security awareness training will be provided to the person by WSP upon completion of the fingerprint background check.

Failure of Contractor, Contractor team members or subcontractors to cooperate with WSP during the background check process or to complete security awareness training may result in termination of the contract.

5.11 Procurement Technical Assistance Center (PTAC)

Bidders are encouraged to visit the Procurement Technical Assistance Center (PTAC) for information and resources responding to this bid. The PTAC, also known as APEX Accelerator, advises businesses on how to win government contracts and subcontracts. The one-on-one technical assistance includes bid reviews, marketing assistance, contract performance, small business certifications, and more. PTAC and APEX Accelerators also hosts procurement training classes and seminars, and helps businesses register with the correct databases in order to compete for government contracts.

The Washington State PTAC, an APEX Accelerator, assists businesses through the government-contracting marketplace. Washington PTAC’s mission is to increase the number of government contracts awarded to Washington firms so that those firms can grow. We provide no cost, confidential, one-on-one technical assistance in all aspects of selling to federal, state, and local governments.

With the help of PTAC, Washington State companies are awarded $300 million in government contracts each year. When you become a client of Washington PTAC you gain access to experienced counselors who can help you navigate the maze of government contracting. Our services are free as are most of our events and workshops. To learn more about the benefits of becoming a client Click here.

Supplier Diversity This procurement and any subsequent contracts entered into as a result of this procurement, are subject to the terms and conditions of the following:

· State of Washington Department of Enterprise Services Supplier Diversity Policy No. POL-DES-090-06

· State Law RCW 39.26.090(6)

· State Law RCW 39.26.005

· State Law 39.26.240

· State Law RCW 39.26.245

· State Law RCW 39.26.160(3)(b)

· State Law RCW 43.60A.200

· State Law RCW 39.26.010

· Executive Order 19-01

· Executive Order 22-01

· DES Policy 210-01

· Executive Order 05-03

6.1 Access Equity System (AES)

The AES is the statewide system where subcontractor spending will be tracked and monitored. The purpose of this monitoring is to measure the progress the state has made toward increasing spending on contracts that include small or diverse vendors.

Registration: If the Bidder plans to subcontract any of the work under a contract entered into as a result of this solicitation, upon execution of a contract, the Bidder is required to register in the Access Equity System (AES). Please check the following link to the AES system to register for training and report spending: https://omwbe.diversitycompliance.com/ or through a direct link on the Office of Minority and Women’s Business Enterprises (OMWBE) website at: https://omwbe.wa.gov/.

Reporting: Contractor will provide monthly reports via the AES of each payment received from WSP associated with the contract.

In accordance with the intent of RCW 39.26.005, the state encourages agency purchases of goods and services from state small businesses. State small business, mini-business, and micro-business are defined in RCW 39.26.010 (16), (17), & (22) respectively. For information on how small business status impacts the scoring process, see Attachment 3, Evaluations and Scoring.

In accordance with RCW 43.60A.200, the state encourages participation in all of its procurement contracts from firms certified by the Washington State Department of Veterans Affairs (DVA). For information on these certified firms, Bidders may contact DVA at https://www.dva.wa.gov/doing-business-washington-state. For more information on how veteran-owned status impacts the scoring process, see Attachment 3, Evaluations and Scoring.

6.3 Washington State Economic Goals

In support of the state’s economic goals, bidders are encouraged to consider the following in responding to this Solicitation:

· Support for a diverse supplier pool, including veteran-owned, minority-owned, and women-owned business enterprises.

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

· Bidders may contact the Office of Minority and Women’s Business Enterprises for information on certified firms or to become certified.

· Veterans and U.S. active duty, reserve or National Guard service-members are eligible for the registry. The veteran or service-member must control and own at least fifty-one (51) percent of the business, and the business must be legally operating in the State of Washington. Control means the authority or ability to direct, regulate or influence day-to-day operations.

While participation in these programs is encouraged, no minimum level of participation shall be required as a condition for receiving an award and proposals shall not be rejected or considered non-responsive on that basis.

In some cases, a small business as described above may also be certified by the Office of Minority and Women’s Business Enterprises (OMWBE) in accordance with RCW 39.19. For information of these certified firms, Bidders may contact OMWBE at: http://www.omwbe.wa.gov/.

Bidders must identify in Appendix B, Certifications, if they, or any subcontractors, meet the definitions and/or are certified as described above.

6.4 Posting of Winning Bid

This procurement may, as required by law, be transparent by publicly posting bids and bid award documents on the WSP public website.

RFQQ APPENDICES AND ATTACHMENTS

The following Appendices are required and must be completed or answered and returned along with the Bidder’s Proposal Appendix A – Bidder’s Checklist (MANDATORY)

Appendix B – Certifications (MANDATORY)

Appendix C – Bidder Questionnaire (MANDATORY/SCORED)

Appendix C1 – Laboratory Questionnaire (MANDATORY/SCORED)

Appendix D – Price Sheet (MANDATORY/SCORED)

Appendix E – Bidder’s Profile (MANDATORY/SCORED)

Appendix F – Bidder’s Reference Form (MANDATORY/SCORED)

Appendix G – Exceptions to Sample Contract

The following Attachments are informational and contain critical instructions for submission of a Proposal.

Do not return the Attachments to WSP.

Attachment 2 – Proposal Submission Instructions

Attachment 3 – Evaluations and Scoring

Attachment 4 – Complaint, Debrief & Protest

Attachment 5 – Insurance Requirements

Attachment 6 – Definitions

Attachment 7 – Sample Contract

Attachment 8 – Doing Business with the State of Washington

Attachment 9 – Pre-Bid Conference

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APPENDIX A-Bidders Checklist.docx Appendix A: Bidder’s Checklist

Washington State Patrol Solicitation

Toxicology Forensic Testing

WSP-RFQQ-TOXTST

COMPANY NAME:

This checklist is provided for Bidder's convenience and identifies the documents to be submitted with each proposal.

THE FOLLOWING ARE MANDATORY AND MUST BE PROVIDED FOR THE PROPOSAL TO BE CONSIDERED RESPONSIVE.

Signatures accepted: PDF Certified or wet-ink scanned

☐ Letter of Submittal / hard signature and in PDF format

☐ Proposal submitted on or before the date and time indicated within the Anticipated Procurement Schedule on page one of this Solicitation, or as amended.

☐ Appendix A: Bidder’s Checklist

☐ Appendix B: Certifications / PDF Certified or wet-ink scanned signature and in PDF Format INCLUDE ALL REQUIRED DOCUMENTS

☐ Appendix C: Bidder Questionnaire

☐ Appendix C1: Laboratory Questionnaire

☐ Appendix D: Price Sheet (PDF Certified or wet-ink scanned signature and in PDF Format INCLUDE PRICE LIST).

☐ Appendix E: Bidder’s Profile

☐ Appendix F: Bidder’s Reference Form

☐ Appendix G: Exceptions to Model Contract / PDF Certified or wet-ink scanned signature and in PDF Format

☐ Certificate and Scope of ISO 17025 and ABFT Accreditation by ANAB

☐ Traceability and Quality Control Processes

☐ Standard Operating Procedures and/or relevant policies

☐ Example test report for the requested tests/scope of testing

☐ Example litigation package and litigation package and expert testimony pricing

DOCUMENTS REQUIRED BEFORE CONTRACT CAN BE SIGNED:

☐ A copy of the bidder’s Washington Business License / in PDF format

NOTE: Corporate filing with the Washington Secretary of State is not a Washington Business License. Business license must be obtained from the Department of Revenue.

☐ Copy of OMWBE certificate, if you have one / in PDF format

☐ Proof of Liability Insurance

Washington State Patrol Solicitation No.: WSP-RFQQ-TOXTST Appendix A Page 1 image1.jpeg image3.emf

APPENDIX B-Certifications.docx Appendix B: Certifications

Washington State Patrol Solicitation

Toxicology Forensic Testing

WSP-RFQQ-TOXTST

Bidder’s Company Name:

Bidder has read and understands all information contained within this entire Solicitation package.

Bidder makes the following Certifications as a required element of the response to which it is attached, understanding that the truthfulness of the facts affirmed here and declare that all answers and statements made in the proposal are true and correct and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contracts.

SECTION 1: GENERAL

Check the boxes below to indicate understanding and acceptance of each certification below:

☐ The prices and/or cost data/bid Interest information has been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, Bidder may freely join with other persons or organizations for the purpose of presenting a single bid. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by Bidder, directly or indirectly to any other Vendor or to any competitor until after a Contract has been executed.

☐ In preparing this proposal, Bidder had not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this proposal or prospective contract. Any exceptions to these assurances are described in full detail on a separate page and attached to this document.

☐ Bidder further offers to furnish materials, equipment or services in compliance with all terms, conditions, and specifications herein including all amendments.

☐ Bidder understands that WSP will not reimburse Bidder for any costs incurred in the preparation of this proposal. All proposals become the property of WSP, and Bidder claims no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

☐ Bidder agrees that submission of the attached proposal with an authorized signature constitutes complete understanding and acceptance of the solicitation contents and all incorporated and attached appendices, attachments, schedules, and amendments including the sample contract and general terms and conditions. Bidder further certifies that all necessary facilities or personnel are available and established at the time of bid submission. If there are any exceptions to these terms, Bidder has described those exceptions in detail in its proposal.

☐ The proposal submitted in response to this solicitation is a firm offer for a period of 180 days following receipt and it may be accepted by WSP without further negotiation except where obviously required by lack of certainty in key terms) at any time within the 180-day period.

SECTION 2: DEBARMENT

☐ No Debarment. Bidder and/or its principals, agents, or any subcontractor providing services under this procurement are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity.

OR

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

SECTION 3: EMPLOYEE RIGHTS

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

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

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

OR

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

SECTION 4: WAGE THEFT PREVENTION

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).

· 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.

SECTION 5: SMALL BUSINESS

Washington Small Business

· Washington Small Business. Bidder is a Washington Small Business as defined in RCW 39.26.010. To qualify as a Washington Small Business, Bidder must meet three (3) requirements:

· Location. Bidder’s principal office/place of business must be located in and identified as being in the State of Washington. A principal office or principal place of business is a firm’s headquarters where business decisions are made and the location for the firm’s books and records as well as the firm’s senior management personnel.

· Size. Bidder must be owned and operated independently from all other businesses and have either: (a) fifty (50) or fewer employees; or (b) gross revenue of less than seven million dollars ($7,000,000) annually as reported on Bidder’s federal income tax return or its return filed with the Washington State Department of Revenue over the previous three consecutive years.

· WEBS Certification. Bidder must have certified its Washington Small Business status in Washington’s Electronic Business Solution (WEBS).

OR

· Not Washington Small Business. Bidder is not a Washington Small Business as defined in RCW 39.26.010.

SECTION 6: CERTIFIED VETERAN -OWNED BUSINESS

· Certified Veteran-Owned Business. Bidder is a Certified Veteran-Owned Business under RCW 43.60A.190. To qualify as a Certified Veteran-Owned Business, Bidder must meet four (4) requirements:

· 51% Ownership. Bidder must be at least fifty-one percent (51%) owned and controlled by:

· A veteran as defined as every person who at the time he or she seeks certification has received a discharge with an honorable characterization or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the capacities listed in RCW 41.04.007;

· A person who is in receipt of disability compensation or pension from the department of veterans affairs; or

· An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

· Washington Incorporation/Location. Bidder must be either an entity that is incorporated in the state of Washington as a Washington domestic corporation or, if not incorporated, an entity whose principal place of business is located within the State of Washington.

· WEBS Certification. Bidder must have certified its Veteran-Owned business status in Washington’s Electronic Business Solution (WEBS).

· WDVA Certification. Bidder must have provided certification documentation to the Washington Department of Veterans’ Affairs WDVA) and be certified by WDVA and listed as such on WDVA’s website (WDVA – Veteran-Owned Businesses).

OR

☐ Not A Certified Veteran-Owned Business. Bidder is not a Certified Veteran-Owned Business under RCW 43.60A.190.

SECTION 7: OFFICE OF MINORITY AND WOMEN OWNED BUSINESSES (OMWBE)

☐ Bidder is Certified as a small or minority business with the OMWBE

OR

☐ Bidder is NOT Certified as a small or minority business with the OMWBE

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.

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Full Legal Name of Bidder

Business Address

Email Address

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Full Name, Title

Bidder’s Signature

Date

Washington State Patrol Solicitation No.: WSP-RFQQ-TOXTST Appendix B Page 1 image4.emf

APPENDIX C-Bidder's Questionnaire.docx Appendix C: Bidder’s Questionnaire

Washington State Patrol Solicitation

Toxicology Forensic Testing

WSP-RFQQ-TOXTST

1. Bidder Organization (MANDATORY)

Describe Organization, including size, areas of services, number of years in business, customer base, and any other pertinent information that would aid evaluators in formulating a determination about the capability, stability, and strength of the Bidder’s organization.

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2. Bidder Qualifications and Experience (MANDATORY/SCORED)

Describe qualifications and experiences performing similar projects in terms of similar scope, services, government program, size, and project characteristics. Provide explanation of how Bidder meets minimum qualifications; i.e., include Bidder’s experience and history with providing services described in this RFQQ.

Proposals must show bidder’s capacity to test for common or emerging drugs and/or alcohol in death and impaired driving/DUI investigation cases, Bidder’s ability to test for a vast array of novel, emerging drugs, how bidder updates their scope of testing frequently, and Bidder’s ability to distinguish between the delta-8 and delta-9 isomers of THC (marijuana).

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3. Quality Assurance (MANDATORY/SCORED)

Proposal must describe Bidder’s approach to Quality Assurance and how Bidder will implement quality control.

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4. Approach/Strategy (MANDATORY/SCORED)

Describe the Bidder’s approach to the work as outlined in Attachment 1, Statement of Work. Proposals must show bidder’s capacity to test for common or emerging drugs and/or alcohol in death and impaired driving/DUI investigation cases, Bidder’s ability to test for a vast array of novel, emerging drugs, how bidder updates their scope of testing frequently, and Bidder’s ability to distinguish between the delta-8 and delta-9 isomers of THC (marijuana).

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5. Related Information (MANDATORY)

5.1 State Contracts. Has the Bidder or any subcontractor contracted with the state of Washington during the past 24 months?

☐ No ☐ Yes

If Yes, indicate the name of the agency, the contract number and project description and/or other information available to identify the contract.

Has the Bidder ever been terminated for default in the last five years?

☐ No ☐ Yes

If Yes, describe such incident. Termination for default is defined as notice to stop performance due to the Bidder’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Bidder, or (b) litigated and such litigation determined that the Bidder was in default. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Bidder’s position on the matter. WSP will evaluate the facts and may, at its sole discretion, reject the response on the grounds of the past experience. If no such termination for default has been experienced by the Bidder in the past five years, so indicate.

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5.2 State Employees. Is anyone in the Bidder’s staff or subcontractor’s staff a former employee of the state of Washington during the past 24 months, or is currently a Washington State employee?

☐ No ☐ Yes

If Yes, identify the individual by name, the agency previously or currently employed by, job title or position held and separation date. Also identify any State employees or former State employees employed or on the Bidder’s governing board as of the date of the response. Include their position and responsibilities within the Bidder’s organization. Include any staff member(s) who will perform work on this contract and has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation. If following a review of this information, it is determined by WSP that a conflict of interest exists, the Bidder may be disqualified from further consideration for the award of a contract.

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Washington State Patrol Solicitation No.: WSP-RFQQ-TOXTST Appendix C Page 1 image5.emf

APPENDIX C1-Laboratory Questionnaire.docx

WSP-TLD

LABORATORY QUESTIONNAIRE

RFQQ APPENDIX C1

LABORATORY NAME:

ADDRESS:

CITY:

STATE:

PHONE:

ZIP CODE :

WEBSITE:

Prospective laboratories: Complete this form for those forensic toxicology testing services listed below, as requested by the Washington State Patrol (WSP) Toxicology Laboratory Division. Where applicable, evidence of accreditation status, traceability and quality control processes must be included in your response. Copies of standard operating procedures or relevant policies must also be included as supporting material for answers to those questions below. The WSP Toxicology Laboratory Division may request additional documentation for evaluation/quality review of the prospective laboratory.

Test/scope of testing requested by the WSP Toxicology Laboratory Division: Testing is required for common or emerging drugs and/or alcohol in death and impaired driving/DUI investigation cases. Bidders must have the ability to perform comprehensive testing for a broad array of therapeutic drugs and drugs of abuse (to include differentiation of delta-9 THC from cannabinoid analogs) and update their scope of testing periodically to include emerging drugs.

Question 1, Accreditation (Mandatory, Scored): List the current accreditation status of the laboratory, including accrediting body(ies). Provide the laboratory’s certificate and scope of accreditation (however named) for the requested tests/scope of testing (or reference to documents located on the laboratory’s website).

Response:

Question 2, Traceability (Mandatory, Scored): Does the laboratory demonstrate traceability of reference materials/reference standards to SI units of measurement? If so, describe the laboratory’s traceability policies and procedures.

Question 3, Uncertainty of Measurement (Mandatory, Scored): Does the laboratory provide uncertainty of measurement for the requested tests/scope of testing? If so, describe the laboratory’s policies and procedures for determination and reporting of uncertainty of measurement.

Question 4, Quality (Mandatory, Scored): Describe the processes whereby the laboratory assures the quality of the test results in the requested tests/scope of testing (e.g. use of quality controls, method validation, proficiency testing).

Question 5, Test Results (Mandatory, Scored): Does the laboratory’s report of results include the evidence identifier, date of testing and test method used? If no, is this information documented in the laboratory’s testing records and available upon request? Please provide an example of the test report for the requested tests/scope of testing.

Question 6, Turnaround Time (Mandatory, Scored): State the average or median turnaround time for case completion (to include confirmation results). Provide any relevant details.

Authorized Signature:

Date Signed:

Name and Title:

WSP-TOXTESTING Page 2 of 2 image6.emf

APPENDIX D-Price Sheet.docx Appendix D: Price Sheet

Washington State Patrol Solicitation

Toxicology Forensic Testing

WSP-RFQQ-TOXTST

1. COST:

Although cost is a consideration when selecting the Apparent Successful Bidder, the evaluation process is designed to award this procurement not necessarily to the Bidder of least cost, but rather to the Bidder whose proposals best meet the requirements of this Solicitation.

2. PRICING:

Bid amounts must include all cost components needed to provide services as described in this Solicitation, including travel, labor and supplies. All costs associated with services must be incorporated into the price of the Bidder’s Response, for the initial contract period and all potential contract extensions. Failure to identify all costs in a manner consistent with the instructions in this Solicitation will result in rejection of bidder’s proposal as nonresponsive.

The Apparent Successful Bidder’s (ASB) Quotation must remain fixed for the awarded Contract’s period of performance. Price increases may occur at the time of contract renewal by mutual agreement of the parties, but in no case more than 5%.

Proposed costs shall include any applicable Washington State taxes associated with the contract work that the Bidders are required to pay. Bidders are required to collect and pay state taxes as applicable.

3. BIDDER’S PRICE LIST:

Bidder shall include with the proposal a complete list of testing services provided and the cost of each service.

Company Name:

Authorized Signature:

Date Signed:

Name and Title

Washington State Patrol Solicitation No.: WSP-RFQQ-TOXTST Appendix D Page 1 image7.emf

APPENDIX E-Bidder's Profile.docx

Appendix E: Bidder’s Profile

Washington State Patrol Solicitation

Toxicology Forensic Testing

WSP-RFQQ-TOXTST

Legal Company Name

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Doing Business As

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Legal Status

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Year Company Established

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Washington State Tax ID Number

OR

Universal Business Identifier Number (UBI)

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Statewide Vending Number

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Washington Business License Number

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If you do not have a Washington Business License, please explain the status of your application.

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Website URL Address

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Street Address

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Mailing Address, if different from Street Address

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Billing Address

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Company Contact Name

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Contact Phone Number

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Email

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The following attachments are required:

· Organizational chart

· List of principal officers including Name, Title, Address, and Telephone number

· Copy of Washington Business…