WSP TJ177502 1983 Hartzell propeller overhaul.docx

Washington State Patrol Supply Section 8543 Armstrong Road SW, Tumwater, WA 98512-PO Box 42625, Olympia WA 98504

REQUEST FOR QUOTE (RFQ)

Propeller overhaul

10/10/2016 3:00PM PST

ANNOUNCEMENT AND SPECIAL INFORMATION

Bidders are required to read and understand all information contained 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 quote the bidder agrees to read and understand the below embedded documents.

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 otherwise 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.

PLEASE SUBMIT BIDS VIA EMAIL OR FAX DIRECTLY TO THE PROCUREMENT COORDINATOR LISTED ABOVE PLEASE NOTE: EMAIL SUBMISSIONS AND FAX SHOULD HAVE WSP TJ177502 KING AIR HARTZELL PROPELLER OVERHAUL IN THE SUBJ ECT LINE

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 King Air Hartzell HC-D4N-3C/D9290K propeller overhaul, as further identified in Section 4. Quote Submittals, Quantities & Price List. The Apparently Successful Bidder must meet all requirements identified in this solicitation document.

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

Theresa Jensen, RFQ Coordinator, Theresa.Jensen@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 RFQ Coordinator. Communication directed to parties other than the RFQ Coordinator may result in disqualification of the Bidder.

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.

Delivery;

· Turnaround time not to exceed 45 days from pick-up to delivery

Purchaser/Ship to Location: Billing Address:

Washington State Patrol, Aviation 7525 A Old Hwy 99 Olympia, WA 98504-2615

Washington State Patrol PO Box 42625 Olympia, WA 98504-2625

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.

If manufacturer is bidding please also include dealer contact information with this quote.

(Company Name)

(Typed Name)

(Address)

(Title)

(City) (State) (Zip)

(Phone and Fax Numbers.)

(Federal Tax Identification Number)

DO NOT PROVIDE SOCIAL SECURITY NUMBER

Email

QUOTE SUBMITTALS

Req.

Item

Model: HC-D4N-3C/D9290K

Complete Overhaul kits (2 – four bladed propellers) to include Deice Boots and leads.

All bids must meet mandatory specifications as detailed below.

MANDATORY SPECIFICATIONS:

· Bids Must include all shipping / crating to and from 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 Techicians 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.

WSP Aviation Tax Rate is 8.9% Sales/use tax will not be part of the award process or decision made by the purchasing agent, but is used to project the overall cost for budgeting purposes.

Other Prompt Payment Discount:

SPECIAL TERMS & CONDITIONS:

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, for one year from the original award date, the award will allow the placement of future purchase orders on an as needed basis (also regarded to indefinite delivery – indefinite quantity orders) under the same terms and conditions as those established for the initial purchase quantity.

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.

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. 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:

Signature: Date:

Name (print):

Title:

Company Mailing Address:

Entity Type: (LLC, LP, etc.):

Phone/Fax:

Email:

RFQ SAMPLE BID DOCUMENT 4-2013.docx REV 2006-07-25 Bidders’ Company Name:

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

WSP TJ177502

Competitive Procurement Standards

WSP TJ177502

Competitive Procurement Standards

APPENDIX A

1983 King Air Hartzell Propeller Overhaul

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}

See terms and conditions in embedded document for more details in addition RCW Chapter 200-305 WAC

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: Theresa Jensen

RFQ: WSP TJ177502

Physical address:

8543 Armstrong RD SW

Tumwater, WA 98512-7630

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 Washington State bidders.

This action will be used only for bid analysis and award. In no instances shall the increase be paid to a supplier whose bid is accepted.

37. Complaint Process

Any Bidder may file a complaint regarding this RFQ based on the following:

· The solicitation unnecessarily restricts competition;

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

· The requirements are inadequate or insufficient so that a response is difficult to prepare.

If no complaint is filed, a Bidder cannot later file a protest based on any of the above complaint criteria.

Any complaint to the RFQ must be in writing and submitted to the RFQ Coordinator no less than five (5) business days prior to the date when the RFQ Responses are due.

38. Debriefing of Unsuccessful Proposers

Upon request, a debriefing conference will be scheduled with an unsuccessful vendor who has submitted a proposal. The request for a debriefing conference must be received by the Procurement Coordinator within three (3) business days after the Notification of Unsuccessful Vendor letter is faxed/e-mailed to the vendor. The debriefing may be held within three (3) business days of the request. Discussion will be limited to a critique of the requesting vendor’s proposal. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

39. PROTESTS

This procedure is available to vendors who submitted a response to this solicitation document and who have participated in a debriefing conference. Upon completing the debriefing conference, the vendor is allowed five (5) business days to file a protest of the acquisition with the WSP Property Management Commander at the address below:

Washington State Patrol, Supply Section

ATTN: Purchasing Coordinator, Theresa Jensen

Mailing Address:

Street Address:

P.O. Box 42625

8543 Armstrong RD SW

Olympia, WA 98504-2625

Tumwater, Washington 98512

Phone: (360) 704-5451

Vendors protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Contractors under this procurement.

All protests must be in writing and signed by the protesting party. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the WSP Property Management Commander. Only protests stipulating an issue of fact concerning the following subjects shall be considered:

· A matter of bias, discrimination or conflict of interest on the part of the evaluator;

· Errors in computing the score;

· Non-compliance with procedures described in the procurement document or WSP policy.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as:

1) An evaluator’s professional judgment on the quality of a proposal, or

2) WSP’s assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, a protest review will be held by WSP. The Chief of WSP or an employee delegated by the Chief of WSP who was not involved in the procurement will consider the record and all available facts and issue a decision within five business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay. In the event a protest may affect the interest of another vendor which submitted a proposal, such vendor will be given an opportunity to submit its views and any relevant information on the protest to the WSP Property Management Commander.

The final determination of the protest shall:

· Find the protest lacking in merit and uphold WSP’s action; or

· Find only technical or harmless errors in WSP’s acquisition process and determine the WSP to be in substantial compliance and reject the protest; or

Find merit in the protest and provide options to WSP, including correcting errors and reevaluating all proposals; reissuing the solicitation document; or making other findings and determining other courses of action as appropriate.

40. SAVE HARMLESS

To the fullest extent permitted by law, Contractor shall indemnify, defend, and save harmless the state, agencies of the state, and all officers and employees of the state, from and against any and all claims for injuries or death, including claims by Contractor’s employees, or for damages arising out of, resulting from, or incident to Contractor’s performance or failure to perform the contract, or for patent, trademark, copyright, or franchise infringement arising from the purchase, installation, or use of goods and services ordered. Contractor’s obligation to indemnify, defend and save harmless shall not be eliminated or reduced by any alleged concurrent negligence of the state or its agencies, employees, and officers. Contractor waives its immunity under Title 51 RCW to the extent required to indemnify, defend, and save harmless the state and its agencies, officers, or employees.

41. 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.

42. SUPERVISION AND COORDINATION

Contractor shall:

Competently and efficiently, supervise and direct the implementation and completion of all contract requirements specified herein.

Designate in its bid to the state, a representative(s) with the authority to legally commit Contractor's firm. All communications given or received from the Contractor's representative shall be binding on the Contractor.

Promote and offer to Purchasers only those materials, equipment, and/or services as stated herein and allowed for by contractual requirements. Violation of this condition will be grounds for contract termination.

43. ADVERTISING

Contractor shall not advertise or publish information concerning this contract in any form or media without prior written consent from the SPO.

44. SUBCONTRACTS/ASSIGNMENT

Contractor shall not subcontract or assign its obligations under this contract without the prior written consent of the SPO. The Contractor shall be responsible to ensure that all requirements of the contract shall flow down to any and all subcontractors.

45. TAXES, FEES AND LICENSES

A. Taxes: Where required by state statute or regulation, contactor shall pay for and maintain a current status and all taxes that are necessary for contract performance. Unless otherwise indicated, the purchaser agrees to pay State of Washington sales or use taxes on all applicable consumer services and materials purchased. No charge by contractor shall be made for federal excise taxes and the purchaser agrees to furnish contractor with an exemption certificate where appropriate. Sales tax shall not be included in bid pricing submitted.

B. Collection of Retail Tax: In state suppliers: In general, in state suppliers engaged in retail sales activities within Washington State are required to collect and remit sales tax to Department of Revenue.

C. Out-of-state suppliers: In general, out-of-state suppliers must collect and remit “use tax” to Department of Revenue if the activity carried on by the seller in Washington State is significantly associated with supplier’s ability to establish or maintain a market for its products in Washington State. Examples of such activity include where the supplier either directly or by an agent or other representative:

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

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

F. Regularly solicits orders from customers located within state via sales representatives entering the state; or

G. Sends other staff into the state (e.g. product safety engineers, etc.) to interact with customers in an attempt to establish or maintain market(s); or

H. Other factors identified in WAC chapter 458-20.

I. Out-of-state suppliers meeting one of the above criteria must register and establish an account with the Department of Revenue (DOR). Refer to WAC 458-20-193 (7 through 9) or call Department of Revenue at (800) 647-7706. When out-of-state suppliers are not required to collect and remit “use tax”, the agency is responsible for paying this tax, if applicable, directly to DOR.

J. Fees/Licenses: Prior to bid opening the Contractor shall pay for and maintain in a current status, any license fees, assessments, permit charges, etc., which are necessary for contract performance. It is the contractor's sole responsibility to monitor and determine any changes or the enactment of any subsequent regulations for said fees, assessments, or charges and to immediately comply with said changes or regulations during the entire term of this contract.

K. Customs/Brokerage Fees: To be considered responsive, bid must include ALL customs duties, brokerage or import fees where applicable. Contractor shall take all-necessary actions to ensure that materials or equipment purchased are expedited through customs. Failure to do so may subject contractor to liquidated damages as identified in this document and/or to other administrative actions considered appropriate.

L. Supplier is to calculate and enter the appropriate Washington State and local sales tax on the invoice. Tax is to be computed on new items after deduction of any trade-in in accordance with WAC 458-20-247.

M. Orders for tangible personal property which become a component part of ferry vessels of the State of Washington or local government units in the State of Washington are exempt from use tax under RCW 82.12.0279.

46. WARRANTIES

A. 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.

B. Price: 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.

C. Date Compliance: Contractor warrants fault free performance in the processing of date and date related data including, but not limited to calculation, comparing, and sequencing by all Equipment and Software provided pursuant to this Contract, individually and in combination, when used in accordance with the product documentation provided by the Contractor. Fault free performance shall include the manipulation of this data when dates are in the 20th or 21st centuries and shall be transparent to the user.

47. LIENS, CLAIMS AND ENCUMBRANCES

All materials, equipment, or services shall be free of all liens, claims, or encumbrances of any kind and if the state requests, a formal release of same shall be delivered to the state.

48. DELIVERY

A. Time: Delivery must be made during normal work hours and within time frames proposed by Bidder herein and subsequently accepted by the state. Failure to comply may subject Contractor to non-delivery assessment charges and/or liquidated damages as appropriate. The state reserves the right to refuse shipment when delivered after normal working hours. Contractor shall verify specific working hours of individual agencies and so instruct carrier(s) to deliver accordingly. The acceptance by the purchaser of late performance with or without objection or reservation by the purchaser shall not waive the right to claim damage for such breach, nor preclude the purchaser from pursuing any other remedy provided herein, including termination, nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Contractor.

B. Terms: Unless otherwise specified, all goods are to be shipped FOB Destination freight prepaid and included. Where specific authorization is granted to ship goods FOB shipping point, Contractor agrees to prepay all shipping charges, route as instructed or if instructions are not provided, route by cheapest common carrier. Each invoice for shipping charges shall contain the original or a copy of the freight bill indicating that the payment for shipping has been made. The purchaser reserves the right to refuse COD shipments.

C. Location: All deliveries are to be made to the applicable delivery location in accordance with Interstate Commerce Commission rules or as indicated in purchase order. When applicable, Contractor shall take necessary actions to safeguard items during inclement weather.

D. Unauthorized: In no case shall Contractor initiate performance prior to receipt of written or verbal authorization from authorized purchasers. Expenses incurred otherwise shall be borne solely by the Contractor.

49. INSPECTION AND REJECTION

The Purchaser's inspection of all materials and equipment upon delivery is for the sole purpose of identification. Such inspection shall not be construed as final acceptance, or as acceptance of the materials or equipment, if materials or equipment does not conform to contractual requirements. If there are any apparent defects in the materials or equipment at the time of delivery, the Purchaser will promptly notify the Contractor thereof. Without limiting any other rights, the Purchaser and/or the state at its option, may require the Contractor to:

Repair or replace, at Contractor's expense, any or all of the damaged goods, or

Refund the price of any or all of the damaged goods, or

Accept the return of any or all of the damaged goods.

50. TITLE AND RISK OF LOSS

Regardless of FOB point, Contractor agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery and acceptance. Such loss, injury, or destruction shall not release Contractor from any obligation hereunder.

51. PERFORMANCE

Acceptance by the purchaser of unsatisfactory performance with or without objection or reservation shall not waive the right to claim damage for breach, or terminate the contract, nor constitute a waiver of requirements for satisfactory performance of any obligation remaining to be performed by Contractor.

52. IDENTIFICATION

All invoices, packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written documents affecting this contract shall be identified by the applicable purchase order or field order number. Packing lists shall be enclosed with each shipment, indicating the contents therein.

53. CHARGES FOR HANDLING

No charges will be allowed for handling that includes but is not limited to packing, wrapping, bags, containers, or reels, unless otherwise stated herein.

54. INVOICING

Contractor shall provide an original and two (2) copies of invoices. Each invoice shall be submitted as required by the contract and shall reference the contract and field order or purchase order number. Invoices shall be properly annotated with applicable prompt payment discount(s).

55. PAYMENT

Payment will be made by the state agency or political subdivision indicated on ordering document. Any bid that requires payment in less than thirty (30) calendar days need not be considered. Qualifying prompt payment discount will be considered in determining the apparent lowest responsible and responsive bid. Invoices will not be processed for payment nor will the period of cash discount commence until receipt of a properly completed invoice and until all invoiced items are received and satisfactory performance of Contractor has been attained. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. Under "Chapter 39.76 RCW," if purchaser fails to make timely payment(s), Contractor may invoice for 1% per month on the amount overdue or a minimum of $1.00. Payment will not be considered late if a check or warrant is mailed within the time specified. If no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with contract terms shall fully compensate the Contractor for all risk, loss, damages or expense of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Contractor. http://www.des.wa.gov/SiteCollectionDocuments/HRPayroll/SACS/vendorPayeeReg.pdf

Payment for materials or equipment received or for services rendered shall be made by warrant issued from the Washington State Treasury and redeemable in U.S. dollars. Unless otherwise indicated, the state’s sole responsibility shall be to issue this warrant. Any bank or transaction fees or similar costs associated with currency exchange procedures shall be fully assumed by the contractor.

Payment term discounts effective for less than a 30-day period unless otherwise identified in bid/quote, will not be considered in the award of this bid.

Bidders are encouraged to offer a discount for prompt payment of invoice, which will be utilized in determining lowest responsive/responsible bidder. To be considered in the state’s evaluation, period of entitlement must be 30 calendar days or greater. If bidder indicates no discount, the state will evaluate as net 30 days.

Please indicate your discount proposal on the offer page of this document. If awarded by the state, period of entitlement begins only after:

Receipt of a properly completed invoice

Receipt of all supplies, equipment or services ordered

Satisfactory completion of all contractual requirements

56. QUALITY STANDARDS

Product or service specifications herein are intended solely to clearly describe type and quality and not to be restrictive. Trade reference specifications describe the type product thus far found to best meet agency functional requirements and provide the most economical use life under agency use situations. So as not to misrepresent the requirements herein, brands other than those specified will therefore be considered on the basis of whether at least equal in quality/performance. Failure to submit with bid complete documentation sufficient to establish products bid as at least equal may be grounds for rejection. By submitting bid, bidder expressly warrants product bid as at least equal in quality and performance. The state's acceptance of a product bid as an "equal" is conditioned on the state's inspection and testing after receipt. If, in the sole judgment of the state, the item is determined not to be an equal, the bid may be rejected or the product returned at bidder's expense and/or the contract canceled without any liability whatsoever to the state. Any bid containing a brand that is not of equal quality, performance or use specified must be represented as an "alternate" and not as an "equal"; failure to do so shall be sufficient reason to consider the bid non-responsive.

57. DETERMINATION OF RESPONSIBILITY

During bid evaluation, the state reserves the right to make reasonable inquiry to determine the responsibility of any bidder. Requests may include, but not be limited to, financial statements, credit ratings, references, record of past performance, on-site inspection of bidder's, or bidder's subcontractor's facilities. Failure to respond to said request(s) will be sufficient reason to consider the bid non-responsive.

During the contract term, should the contractor be determined to be in violation of federal, state, or local laws or regulations, the state reserves the right to modify its initial determination of responsibility at the time of award and to take other action as determined appropriate, including but not limited to termination of the contract.

58. AWARD FACTORS

A. Criteria: State contracts shall be awarded to the lowest responsible and responsive bidder subject to the preferences provided by law. Award criteria shall include all factors identified in RCW 39.26.160 and the contractual requirements provided herein. No MWBE preference will be included in the evaluation of bids/proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award and bids/proposals will not be rejected or considered non-responsive on that basis.

B. Rights Reserved subject to the provisions of RCW 39.26.160, the state reserves the right to:

C. Waive any…