RFP 325-133 Sucia Pumpout Barge

REQUEST FOR BID PROPOSALS RFP 325-133 SUCIA ISLAND FLOATING SEWER PUMPOUT STATION BRIEF DESCRIPTION: The Washington State Parks and Recreation Commission (WSPRC or State Parks) is soliciting proposals from qualified firms to design, fabricate, deliver, and launch a movable, self-contained, floating sewer pumpout station barge facility. Delivery and launch to occur at the Deception Pass State Park, Cornet Bay Marine Crew Pier. Construct the barge, pumpout station, and manual pumpout sewage components of readily available equipment commonly used in the marine industry. Bids are due: Tuesday, January 30, 2024, by 1:00 PM, PST. ELECTRONIC BID RESPONSES ONLY: Bid responses will only be accepted electronically via Email/Email Attachment to BidBox@parks.wa.gov. (PDF scan encouraged). See Section 4.1 – Submission of Responses for expanded details. • See also §4 Responses – Preparation and Submission requirements • See also §3.1

CHECKLIST of required submittals • See also §4.1 Submission of Responses • Procurement Coordinator: Manuel Iglesias, contracts@parks.wa.gov Email Inquiries to: contracts@parks.wa.gov • See also (special communication instructions) §1.5, §1.6, §1.7. WA State’s Official Bid Notification System: Bidders are responsible for properly registering in the Washington’s Electronic Business Solutions (WEBS) system, https://fortress.wa.gov/ga/webs/ and downloading the solicitation document and all appendices and incorporated documents related to this solicitation. WEBS Registration Information: https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips. WEBS is the system of record for this competition. Copies of this solicitation may be made available to bidders by other means and may be used at the bidder’s discretion. Notification of any RFP addenda, amendments or Bidders’ questions-&-answers will only be provided to those bidders who have registered with WEBS and have downloaded the solicitation from WEBS. Failure to do so may result in a Bidder having incomplete, inaccurate, or otherwise inadequate information. It is each Bidder’ responsibility to fully read and understand all provisions of this RFP. If a Bidder does not fully understand any portion of this RFP, the Bidder should contact the Procurement Coordinator. It is the responsibility of each Bidder to carefully read, understand, and follow all of the instructions contained in this RFP and all amendments hereto. mailto:BidBox@parks.wa.gov mailto:contracts@parks.wa.gov mailto:contracts@parks.wa.gov https://fortress.wa.gov/ga/webs/ https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 2 of 34 TABLE OF CONTENTS 1 SUMMARY OF OPPORTUNITY ........................................................................................ 4 1.1 ACQUISITION AUTHORITY ................................................................................................... 4 1.2 INTRODUCTION ...................................................................................................................... 4 1.3 BACKGROUND INFORMATION ........................................................................................... 5 1.4 Prebid Conference .................................................................................................................... 5 1.5 COMMUNICATION REGARDING THIS COMPETITION .................................................. 5 1.6 QUESTION AND ANSWER PERIOD: ................................................................................... 6 1.7 COMPLAINT PERIOD: ............................................................................................................ 6 1.8 PROCUREMENT SCHEDULE: .............................................................................................. 7 2 SPECIAL TERMS............................................................................................................... 8 2.1 ADVANCED PAYMENT PROHIBITION................................................................................ 8 2.2 BUSINESS STRUCTURE & EMPLOYEES (COMPLIANCE WITH LAW) ....................... 8 2.3 CAUTION: THE RESULTING CONTRACT AND ITS TERMS AND CONDITIONS ...... 8 3 RESPONSES - REQUIRED CONTENT, FORMAT, AND SCORING: ................................ 9 3.1 CHECKLIST OF REQUIRED SUBMITTALS ........................................................................ 9 3.2 (APPENDIX A) – CERTIFICATIONS, ASSURANCES, AND WAIVER .......................... 10 3.3 (APPENDIX B) – BIDDER PROFILE ................................................................................... 10 3.4 COMPETITION AMENDMENTS (IF ANY) ......................................................................... 10 3.5 (APPENDIX C) – PRICE SHEET Table .............................................................................. 10 3.6 EXPERIENCE AND EXPERTISE ........................................................................................ 11 3.7 Small BUSINESS/Veteran Owned BUSINESS Certification ............................................ 11 3.8 (APPENDIX D) - REFERENCES ......................................................................................... 11 3.9 (APPENDIX E, OPTIONAL) – PCB REDUCTION (5% PREFERENCE) ....................... 11 4 RESPONSES - PREPARATION AND SUBMISSION REQUIREMENTS ..........................12 4.1 SUBMISSION OF RESPONSES ......................................................................................... 12 4.2 RESPONSE LAYOUT REQUIREMENTS ........................................................................... 13 5 EVALUATION AND AWARD .............................................................................................13 5.1 DETERMINATION OF RESPONSIVENESS ...................................................................... 13 5.1.1 Rejected Bids/Bidders & Rejection Notification & Rejection Response ......................... 14 5.2 GENERAL EVALUATION PROVISIONS ............................................................................ 14 5.3 EVALUATION OF COMPLETION BY DATE...................................................................... 15 5.4 EVALUATION STEPS ............................................................................................................ 15 5.4.1 Preliminary Evaluation (Procedural) .................................................................................... 15 5.4.2 Substantive Evaluation: Phase 1 .......................................................................................... 15 5.4.3 Substantive Evaluation: Phase 2 (Optional) ....................................................................... 16 5.5 SELECTION OF APPARENT SUCCESSFUL BIDDER ................................................... 16 6 ANNOUNCEMENT OF ASB, PUBLIC DISCLOSURE, DEBRIEF, AND PROTESTS ........16 6.1 ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER (ASB) ............................ 16 6.2 PROCUREMENT RECORDS DISCLOSURE .................................................................... 17 6.3 DEBRIEFING OF BIDDERS ................................................................................................. 17 6.3.1 How To Request A Debrief Conference .............................................................................. 18 6.3.2 Debrief Meeting, Discussion, And Delay ............................................................................. 18 RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 3 of 34 6.3.3 Debrief Is A Prerequisite For Protest ................................................................................... 18 6.4 PROTEST ................................................................................................................................ 18 6.4.1 General: .................................................................................................................................... 18 6.4.2 Form And Content: ................................................................................................................. 18 6.4.3 Content Limitations: ................................................................................................................ 19 6.4.4 Submission Of Protests ......................................................................................................... 19 6.4.5 Grounds Which May Be Protested ....................................................................................... 19 6.4.6 Manager Assignment And Review ....................................................................................... 19 6.4.7 Protest Determinations And Findings .................................................................................. 20 6.4.8 Agency Decision is final ......................................................................................................... 20 7 ADDITIONAL GENERAL PROVISIONS FOR ALL BIDDERS ...........................................20 7.1 ANNOUNCEMENT AND SPECIAL INFORMATION ........................................................ 20 7.2 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES ..................... 20 7.3 AMENDMENTS TO THE COMPETITION .......................................................................... 21 7.4 RESPONSIVENESS OF BIDDER’S RESPONSE ............................................................. 21 7.5 CLARITY AND CLARIFICATIONS ....................................................................................... 21 7.6 COST OF RESPONSE PREPARATION ............................................................................ 21 7.7 OWNERSHIP OF RESPONSES .......................................................................................... 21 7.8 FINAL SELECTION & NO OBLIGATION ............................................................................ 22 7.9 INCORPORATION OF RESPONSE IN CONTRACT ....................................................... 22 7.10 AGREEMENT TO WSPRC’S CONTRACT TERMS AND CONDITIONS ...................... 22 7.11 STATEWIDE VENDOR PAYMENT REGISTRATION ...................................................... 22 7.12 MINORITY WOMEN OWNED AND VETERAN OWNED BUSINESS ........................... 22 7.13 PUBLIC DISCLOSURE & WAIVER OF PROPRIETARY INFORMATION .................... 22 7.14 CIVIL RIGHTS COMPLIANCE ............................................................................................. 23 8 APPENDICES AND EXHIBITS ..........................................................................................24 8.1 (APPENDIX A) – CERTIFICATIONS, ASSURANCES, AND WAIVER .......................... 25 8.2 (APPENDIX B) – BIDDER PROFILE ................................................................................... 28 8.3 (APPENDIX C) - PRICE SHEET TABLE (must be legible) .............................................. 30 8.4 (APPENDIX D) - REFERENCES (must be legible) ........................................................... 32 8.5 (APPENDIX E, optional) - PCB CERTIFICATION (must be legible) .............................. 33 8.6 (EXHIBIT A) – Sample Contract & General Contract Terms And Conditions ............... 34 8.7 (EXHIBIT B) - Pumpout Barge Performance Specification....................................35 8.8 (EXHIBIT C) - Sucia Island Pumpout Design Drawings........................................36 RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 4 of 34 1 SUMMARY OF OPPORTUNITY 1.1 ACQUISITION AUTHORITY In accordance with RCW 39.26 RCW, the purpose of this Request for Proposals is to procure goods and/or services as described herein. 1.2 INTRODUCTION Washington State Parks and Recreation Commission (WSPRC or Parks) seeks a qualified fabricator/contractor to design, fabricate, deliver, and launch a movable, self-contained, floating sewer pumpout station barge facility. Delivery and launch to occur at the Deception Pass State Park, Cornet Bay Marine Crew Pier. Construct the barge, pumpout station, and manual pumpout sewage components of readily available equipment commonly used in the marine industry. BACKGROUND The intended moorage location for the pumpout barge is Sucia Island, in Fossil Bay, southeast of Harnden Island, in San Juan County. Maximum water depth in the location is approximately -13 feet MLLW. The pumpout barge will be a new pumpout station mounted to a barge. The new pumpout barge must fit between new piling and be anchored to the piling with removable pile hoops to allow for easy removal and reattachment. The barge shall be designed with a bow to allow for easier towing by a 35-foot landing craft to a minimum of 10 knots towing speed and to have connecting eyelets allowing it to be lifted out of the water by a crane. The holding tank will be emptied at the moorage location by another vessel. The barge will be emptied prior to towing it to shore. The barge and facility shall be designed to withstand forces during towing, and wind and wave forces for the area it will be moored in during year-round conditions. TIME FOR COMPLETITION OF THE PROJECT Deliver final product to specified delivery location within 180 calendar days from date on Notice to Proceed letter. This document contains specifications in Exhibit B and drawings in Exhibit C. Proposals will be evaluated based upon factors that include but are not limited to: Pricing, Experience and Expertise, Certified veteran-owned and/or Washington small business, and References. See Section 3 Responses – Required Content, Format and Scoring. To the extent reasonable, WSPRC intends to include qualified firms with expertise in the category of work that are certified diverse businesses. Diverse businesses are defined as; small business, microbusiness, mini-business, minority owned business (MBE), and women owned business (WBE), as defined in RCW 39.26.010 and veteran-owned businesses as defined in RCW 43.60A.010. Though no points will be provided for OMWBE certification. All submitting firms are encouraged to register in Washington’s Electronic Business Solution Application (WEBS) at: http://www.des.wa.gov/services/ContractingPurchasing/Business/BidOpportunities/Pages/ bidNotification.aspx. WEBS is the system of record for this competition. Bidder must be registered to do business in the state of Washington (hold a Universal Business Identifier (UBI)). If awarded the contract, the successful bidder must obtain a UBI number within 24 hours to avoid being considered nonresponsive. http://www.des.wa.gov/services/ContractingPurchasing/Business/BidOpportunities/Pages/bidNotification.aspx http://www.des.wa.gov/services/ContractingPurchasing/Business/BidOpportunities/Pages/bidNotification.aspx RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 5 of 34 Bids Received Electronically: The Bidder’s bid response will only be received electronically by email/email attachment. WSPRC has set up a special email address solely for the receipt of bid responses. Any communication other than the actual bid response to this special email address will be ignored. Should you need to contact WSPRC, you must do so through the appropriate email address set up for communication and use the proper email subject line. See Section 1.9 – Communication Regarding This Competition. 1.3 BACKGROUND INFORMATION In 2013 Washington State enacted Procurement Reform under the authority of RCW 39.26. Procurement Reform employs a risk mitigation strategy, one of which is limiting a contract period to a dollar value. Currently WSPRC has delegated authority for the Sucia Island Floating Sewer Pumpout Station in the amount of $350,000 per purchase event. The resulting contract will be structured to ensure the WSPRC does not exceed the $350,000 dollar threshold. 1.4 PREBID CONFERENCE Bidders are invited to attend a prebid conference where the Bidder may ask questions, seek clarifications, and request changes to the competition document. The Prebid conference meeting will be conducted virtually via Microsoft TEAMS. Bidders interested in joining the prebid conference must RSVP to contracts@parks.wa.gov no later than Tuesday, January 9, 2024. The email subject line must include 325-133 RSVP. The following day we will send out a meeting request (with hyperlink) to the email address that you used to RSVP. Attendees should not display video and keep their microphone muted if not talking. Prebid Conference date: Thursday, January 11, 2024, 10:30 – 11AM. Only WSPRC responses posted on Washington Electronic Business Solutions (WEBS) are deemed official. All other WSPRC communication whether it be verbal or in writing are deemed unofficial and nonbinding. If for some reason this conference fails, if you were unable to ask a question, or if you want to ask a question, simply send in the question before 3PM (PST) the same day. WSPRC will review the questions and using our discretion, responses if any, will be posted on WEBS (State of Washington’s bid notification system). WSPRC accepts no responsibility for the quality of the prebid conference, technological difficulties, or failure to participate in the conference. 1.5 COMMUNICATION REGARDING THIS COMPETITION All communication should be directed to the WSPRC Contracts, Grants, and Procurement Office (CGP), specifically the Procurement Coordinator using the email address both of which are listed on the face page. Bidders should not contact any other WSPRC staff about this competition and the failure to do so may result in your bid response being disqualified and rejected. Only WSPRC responses posted on Washington Electronic Business Solutions (WEBS) are deemed official. All other WSPRC communication whether it be verbal or in writing are deemed unofficial and nonbinding. mailto:contracts@parks.wa.gov RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 6 of 34 Special Communication Instructions: Some sections in this competition contain additional communication instructions. Bidder’s failing to communicate as instructed may result in the communication being missed or misunderstood, and/or not considered. • Prebid Conference (Section 1.4) • Question and Answer Period (Section 1.6) • Complaint Period (Section 1.7) • Submitting the Bid Response (Section 4.1) • Procurement Records Disclosure (Section 6.2) • Debriefing of Bidders (Section 6.3, 6.3.1) • Protests (Section 6.4, 6.4.3) 1.6 QUESTION AND ANSWER PERIOD: • Bidders may ask questions, seek clarifications or changes at any time, however, the WSPRC needs time to formulate a response and post the response on WEBS. Responses must occur well before the bid’s due date deadline so that Bidders can digest the information and author a bid response. • Final day for questions that may receive a formal answer response via WEBS is: See Section 1.8 – Procurement Schedule: Question Period or Prebid Conference. • Send Questions to: contracts@parks.wa.gov. • Subject line must include the bids identification number and “Question.” See the first page or footer for the bid’s identification number. Example: 325-133 Question • Responses, if any, will be posted on WEBS (State of Washington’s bid notification system). • SPECIAL NOTE: Only responses posted on WEBS are deemed official. All other communication, whether it be verbal or in writing are deemed unofficial and nonbinding. 1.7 COMPLAINT PERIOD: • Bidders should first attempt to address and resolve any concerns during the Question- and-Answer period. Should a Complaint be warranted, please see below. • The Complaints Period is: See Section 1.8 – Procurement Schedule. Complaints received before and after this period will not be considered. • Send Complaints to: contracts@parks.wa.gov. • Subject line must include the bids identification number and “Complaint.” See the first page or footer for the bid’s identification number. The Bidder’s failing to mark the Complaint as instructed may result in the communication being missed or misunderstood as something other than a Complaint, and the Bidder forgo their Complaint. Example: 325-133 Complaint • Responses, if any, will be posted on WEBS (State of Washington’s bid notification system). • SPECIAL NOTE: Only responses posted on WEBS are deemed official. All other communication, whether it be verbal or in writing are deemed unofficial and nonbinding. Bidders submitting complaints shall follow the procedures described in this section. Complaints that do not follow these procedures shall not be considered. mailto:contracts@parks.wa.gov mailto:contracts@parks.wa.gov RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 7 of 34 All complaints must be in writing and sent to the Procurement Coordinator before the deadline, to the email address, and using the proper subject line. The complaint must state the basis for the complaint and a proposed remedy. Only complaints that fall into the categories below and stipulate an issue of fact shall be considered: • The solicitation unnecessarily restricts competition. • The solicitation evaluation or scoring is unfair or flawed; or • The solicitation requirements are inadequate or insufficient to prepare a response. 1.8 PROCUREMENT SCHEDULE: Any stated time is Pacific Time Zone (local time). Activity Due Dates Time RSVP Prebid Conference 01/09/2024 See additional details in Section 1.4 – Prebid Conference. COB Prebid Conference 01/11/2024 See additional details in Section 1.4 – Prebid Conference 10:30AM- 11:00AM PST Question Period 12/15/2023 – 01/12/2024 See additional details in Section 1.6 – Question and Answer Period. NA Answer Period 12/15/2023 – 01/17/2024, anticipated but may take longer. All Answer Responses will be posted on WEBS. See Section 1.6 – Question and Answer Period Complaint Period 01/17/2024 – 01/22/2024 See additional details in Section 1.7 – Complaint Period. Complaints received before or after the Complaint period will not be considered. NA Bidder’s Response – Deadline 01/30/2024 See also: Section 4 - Responses - Preparation and Submission Requirements. See also Section 3.1 CHECKLIST OF REQUIRED MATERIALS 1:00PM Announcement of Apparent Successful Bidder (ASB) After the Bid’s due date (deadline to submit bid responses) and following the evaluation, the state will Announce the Apparent Successful Bidder (ASB). See additional details in Section 6.1 – Announcement of Apparent Successful Bidder. Debriefing of Bidders The Bidder wanting a Debrief must request a Debrief within three business days following the day of the Announcement of Apparent Successful Bidder (ASB). See additional details in Section 6.3 – Debriefing of Bidders Protest The DEBRIEFED Bidder wanting to submit a protest must submit a Protest within five business days following the day of the Debrief. See additional details in Section 6.4 - Protests RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 8 of 34 2 SPECIAL TERMS 2.1 ADVANCED PAYMENT PROHIBITION Payment shall be based on goods and services provided. No payment shall be made for non-designated goods or services. Payment will be made only after proper documentation and invoicing has been provided to the Agency. In accordance with Washington’s Constitution at Article 8, Section five, while progress payments are allowed, under no circumstances will payment be made prior to the work (or for progress work) being rendered, completed, delivered, and acceptable. This condition includes terms like deposits, security deposits, and the like. 2.2 BUSINESS STRUCTURE & EMPLOYEES (COMPLIANCE WITH LAW) During bid response evaluation and/or prior to contract execution and/or during the life of the contract, the Washington State Parks and Recreation Commission (WSPRC) may require your firm to provide proof, satisfactory to WSPRC, that your firm is a legally licensed business entity and is compliant with all business and employee related laws and regulations, including but not limited to, taxes, licenses, employee insurance, not debarred, etc. WSPRC reserves the right and may contact any person, business, agency, database system it deems necessary to validate compliance. Further, WSPRC may require your firm to provide information, acceptable to WSPRC, that verifies and validates business structure and/or the employment status for anyone appearing to be working on behalf of this contract. Failure to provide the required information in a timely manner may result in your bid response being rejected or your contract terminated. If your firm is found to be out of compliance with business and/or employee-related laws or regulations or is otherwise a violator of these law and regulations it may result in your bid response being rejected or your contract terminated. Note: Information is readily available from state government agencies such as the Department of Revenue, Labor and Industries, Secretary of State, and Employment Security Department, however named. 2.3 CAUTION: THE RESULTING CONTRACT AND ITS TERMS AND CONDITIONS Near the end of the competition document a sample contract is provided to help the Bidder better understand State Parks’ typical terms and conditions (usually in the form of a boilerplate). Any resulting contract (even if different in appearance) will include the terms, conditions, and boilerplate. The Bidder should review the sample contract, determine what is its risk and its desired reward and bid a rate(s) accordingly. On occasion, Bidders that are selected for contract (Apparent Successful Bidders or ASB), try to negotiate away one or more of the State Parks terms and conditions. Bidders are cautioned that negotiation of this type will likely not be entertained. Bidders are cautioned to form a bid response that takes into account all risks and bid accordingly. RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 9 of 34 3 RESPONSES - REQUIRED CONTENT, FORMAT, AND SCORING: 3.1 CHECKLIST OF REQUIRED SUBMITTALS The following list in the table in this subsection identifies the content that must be included in each responsible submission (Bidder’s bid response). Any response that does not contain all of these items may be rejected as non-responsive. Each item is discussed in more depth in the sections following the Table. Table explained: The Table below identifies what Submittals the Bidder must provide to WSPRC in the Bidder’s Bid Response and also acts as a Checklist so that the Bidder does not forget to include required material in the Bid Response. In some cases, the WSPRC has provided a form for this purpose but if no form is provided the Bidder must “self-author” a response to meet this Submittal condition. The Table also states if the Submittal will be scored by points and/or low price and/or as Pass/Fail. The Table also provides a nonexclusive courtesy Reference linking the Submittal to other areas of the document. # Submittal Scored by Points and/or Low Price and/or Pass/Fail For Reference: See Appendix Or Section Bidder Mark if Provided (failure to provide as instructed may result in bid rejection) 1 Certifications (form provided, must be signed) P/F Appendix A, Section 3.2 Section 8.1 2 Bidder Profile (form provided) P/F Appendix B, Section 3.3 Section 8.2 3 Competition Amendments (if any) P/F Section 7.3, Section 3.4 4 Price Sheet (form provided) Up to 60 points Appendix C, Section 3.5 Section 8.3 5 Experience and Expertise (self-authored) Up to 20 points Section 3.6 6 Small/Veteran Owned Business Certification (self-authored) 10 points Section 3.7 7 References (fresh) (form provided) Up to 10 points Appendix D, Section 3.8 Section 8.4 8 (optional) Polychlorinated Biphenyls (PCB) Preference Consideration (form provided) Up to five percent (5%) preference Appendix E, Section 3.9 Section 8.5 General Evaluation Continuum Bidder demonstrates renowned experience and/or the least or no risk, and/or ideal fit for what is being sought by State Parks (most points) Bidder demonstrates considerable experience, and/or some minor risk, and/or a close but not ideal fit for what is being sought by State Parks. Bidder demonstrates solid experience, and/or mild risk, and/or fair fit for what is being sought by State Parks. Bidder demonstrates adequate experience, and/or medium risk, and/or mediocre fit for what is being sought by State Parks. Bidder demonstrates limited experience, and/or high risk, and/or poor fit for what is being sought by State Parks. (low points) Bidder demonstrates no experience, and/or grave risk, and/or a bad fit for what is being sought by State Parks (no points) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 10 of 34 3.2 (APPENDIX A) – CERTIFICATIONS, ASSURANCES, AND WAIVER A FORM is provided for this part of your bid response. See (APPENDIX A – CERTIFICATIONS, ASSURANCES, AND WAIVER. The Certifications must be executed as written in Appendix A. Failure to execute the Appendix in its official form will result in the Bidder’s Proposal being disqualified. Appendix A – Certifications is evaluated on a pass/fail basis. Must be signed with wet-ink signature (pen to paper). 3.3 (APPENDIX B) – BIDDER PROFILE A FORM is provided for this part of your bid response. See (APPENDIX B – Bidder Profile. Bidder Profile provides general information concerning the Bidder and/or its corporate entity. It is important to fully read the Bidder Profile as there may be additional pages that the Bidder may have to self-author and attach depending on the Bidder’s response. Appendix B - Bidder Profile must be substantively completed and is evaluated on a pass/fail basis. 3.4 COMPETITION AMENDMENTS (IF ANY) As explained in Section 7.3 – Amendments to the Competition, WSPRC may need to amend this competition. Any competition amendment will be posted on WEBS under this competition number. Competition Amendments may be simply informational, extend the competition’s bid due date, add/delete/modify language of the competition document or an earlier-in-time competition amendment, it may fully revise and replace the competition document, or may be responses to Questions or Complaints, etc. The competition amendment may need to be signed. It may direct the Bidder to include other documents that are self-authored by the Bidder. It is important the Bidder follow the instructions stated in the competition amendment, failure to do so may result in bid disqualification and rejection. Depending on the instructions and directions, the result may be scored or pass/fail. 3.5 (APPENDIX C) – PRICE SHEET TABLE A FORM is provided for this part of your bid response. See APPENDIX C – Price Sheet. • Appendix C – Price Sheet Table is segmented into two parts:  Appendix C - Table 1 – SPECIAL TERMS FOR BIDDER’S PRICING  Appendix C - Table 2 – BIDDER’S PRICING QUOTE Award made to the responsive and responsible bidder and who has the highest score and the lowest price. All costs rolled in, except tax: Bidder your unit price must factor in all cost drivers, such as but not limited to: travel, shipping, packaging, material cost, etc. The only thing you should not include in the unit price is the sales tax. Washington State government agencies DO PAY sales tax but that should appear separately on the invoice and not as part of the unit price on the Price Sheet provided by the Bidder. This part of the bid response is scored up to 60 points with a pro rata share for higher costing bids. Example: Three Bids are received (A @ $25, B @ $26.50, C @ $50). RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 11 of 34 • Bid A get 60 points (25/25 = 1.0 x 60 points = 60, • Bid B gets 56.60 points (25/26.50 = .943 X 60 points = 56.60), • Bid C gets 30 points (25/50 = .5 X 60 points = 30 points). 3.6 EXPERIENCE AND EXPERTISE Bidder this part of your bid response is self-authored by you, no form is provided. • Title this “3.6 Experience and Expertise”. The Contractor shall have a minimum of five years of experience in the manufacture of similar barge vessels. Please provide detailed information about your company's experience and expertise in fabricating and delivering and launching barge vessels and describe experience working with government. Governmental entities often have regulations, processes, or stipulations not common in the private sector. Bidder, you may provide photos. This part of the bid response is scored up to 20 points. 3.7 SMALL BUSINESS/VETERAN OWNED BUSINESS CERTIFICATION Bidder this part of your bid response is self-authored by you, no form is provided. • Title this “3.7 Small/Veteran Owned Business Certification”. State Parks, in accordance with Washington law, encourage small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. Include proof of certification issued by the Washington State Department of Veteran Affairs or be self-certified as a small business through WEBS at time of competition. You may also include proof of certification if you are certified with the Washington State Office of Minority & Women’s Business Enterprises (OMWBE), though no points will be provided for OMWBE certification. Alternatively, if you are a small business registered in Washington's Electronic Business Solution (WEBS), we will verify your registration to determine your eligibility. This part of the bid response is scored 10 points. 3.8 (APPENDIX D) - REFERENCES A FORM is provided for this part of your bid response. See (APPENDIX D – REFERENCES. Bidder this part of your bid response requires you to submit reference from other parties (do not use WA State Parks and Recreation Commission as a reference). Bidder must provide at least FIVE (5) Reference WITH FRESH ACTIVITY. Provide a minimum of five references for similar services, with name and phone number. This part of the bid response is scored up to 10 points. 3.9 (APPENDIX E, OPTIONAL) – PCB REDUCTION (5% PREFERENCE) A FORM is provided for this part of your bid response. See (APPENDIX E – PCB REDUCTION.) Statutory Preference for PCB-Free Products and the product’s packaging. Pursuant to RCW 39.26.280, WSPRC is providing a bid preference (incentive) of up to five percent (5%) to any bidder that provides products AND the product’s packaging that do not contain Polychlorinated Biphenyls (PCBs). RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 12 of 34 Bidders seeking the preference must make the certification on the certification form embedded below and/or separately posted on WEBS for this competition. Bidders who seek to obtain bid preference for PCB-Free Products AND the product’s packaging must, in regard to the products AND product’s packaging pertaining to this procurement, certify either that (a) all of their products AND product’s packaging; or (b) specific products And product’s packaging are PCB-free. To be deemed to be ‘PCB-free,’ the applicable product(s) AND packaging must be tested, within the previous 365 days, by an independent, third party laboratory using Environmental Protection Agency Analytical Method 1668c, and have been found NOT to contain PCBs above the practical quantification limit. Such test for the applicable products must be attached to the certification. The cost for conducting any such testing is at the bidder’s expense. FURTHER: For the documents to be considered for the preference, the Bidder SHALL, organize the material in an EASY-TO-UNDERSTAND format and clearly describe which Price Sheet line item it applies to (crosswalk if need). WSPRC will not expend large amounts of time to determine the documents’ veracity and if the document(s) cannot be quickly and easily understood, at the WSPRC’s discretion, the document(s) will not be considered, and no preference will be applied. 4 RESPONSES - PREPARATION AND SUBMISSION REQUIREMENTS 4.1 SUBMISSION OF RESPONSES Responses are due on: See Face-page for exact details Washington State enacted law allowing for electronic alternatives to pen-to-paper wet-ink signature on hardcopy documents, meaning if WSPRC agrees to alternatives other than wet-ink signature (pen-to-paper) on hardcopy documents, these alternatives may be accepted by WSPRC and are legally binding. See RCW 1.80. For purposes of this competition document, WSPRC is accepting a PDF scan (or similar representation) of the Bidder’s wet-ink signature when and where a signature is required. For clarity: Print out the competition document, review it, include any other required document(s), complete where necessary, sign where you need to sign with a pen onto the paper, when you believe your bid response is ready to be submitted to WSPRC, scan it as a PDF file, review the PDF file one last time, and then attach the PDF file to your business email and send it to WSPRC. See also, Appendix A – Certification, Assurances, and Waiver, subsection O. It is WSPRC’s expectation that the Bidder’s bid response email will contain an attachment with all of the required documents scanned as a PDF, including any required signatures. Bidders are required to submit the bid response electronically by email/email attachment to the address below. Send you bid response to: BidBox@parks.wa.gov. • Subject line should include the bid’s identification number, “Bid” and Company name. Example email subject line: 325-133 Bid ACME Example email subject line: 325-133 Bid John Smith Construction Example email subject line: 325-133 Bid Microsoft mailto:BidBox@parks.wa.gov RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 13 of 34 Late responses will not be accepted and will be automatically disqualified from further consideration. All responses and any accompanying documentation become the property of State Parks and will not be returned. CAUTION: Submit your bid response early as a safeguard against any technological slow-down or delays. Bids received after the deadline for any reason, no matter the cause, regardless of responsibility, will be rejected. --- Late submissions will be considered non-responsive and may be rejected. --- VERIFICATION: Bidders are welcome to contact the State Parks Contracts, Grants, and Procurement team (CGP) to see if your bid response was received, however, this process works best if there’s enough time between the date and time submitted and the bid’s due date deadline. Bidders should give CGP at least a day to notice your verification request and respond. Send verification requests to: contracts@parks.wa.gov and in the subject line use “VERIFICATION” and the competition’s number identifier (see face-page for the competition number). 4.2 RESPONSE LAYOUT REQUIREMENTS The Bidder’s bid response should be logically assembled so that the evaluators can easily understand what they are reading and relate what they are reading back to the competition document’s requirement. Evaluators appreciate landmarks or references using the competition document’s section numbers and section titles. One mistake that Bidders make is that they have a previously prepared statement or materials that don’t precisely relate to the competition document’s individual requirement (it wasn’t tailored or designed for the requirement), or that the previously prepared statement (or material) is supposed to relate to two or more requirements of the competition document. That can be confusing and may result in a negative impact to the evaluation of the Bidder’s bid response. NOTE: If evaluators cannot easily identify the statement/material or cannot easily link it to the competition’s section reference, requirement, or question the statement/material may be misunderstood, disregarded, or may negatively impact the evaluation of the response. 5 EVALUATION AND AWARD 5.1 DETERMINATION OF RESPONSIVENESS All Responses received by the stated deadline will first be reviewed by the Procurement Coordinator to ensure that the Responses appear to contain the information required in this competition document. Only Bid Responses that meet the requirements will be forwarded for further substantive review. Any Response that does not appear to contain all of the required information or any Bidder who does not meet the mandatory qualifications will be rejected as non-responsive and will be removed from further evaluation. However, the Procurement Coordinator has the right to waive minor informalities, and/or seek clarification if confused provided that neither alters the content of the Response. WSPRC reserves the right to: (1) Waive any informality (WSPRC reserves the right to determine the actual level of Bidders’ compliance with the requirements specified in this competition and to waive informalities in a bid). An informality is an immaterial variation from the exact requirements of the competition, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured.; (2) Reject any or all bids, or portions thereof; (3) Cancel the Competitive mailto:contracts@parks.wa.gov RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 14 of 34 Solicitation and may re-solicit bids; and/or (4) Negotiate with the lowest responsive and responsible Bidder(s) (or Bidder with the most points) to determine if such bid can be improved. 5.1.1 Rejected Bids/Bidders & Rejection Notification & Rejection Response This Rejection Response process is not governed by Washington’s Administrative Procedures Act (APA), RCW 34.05, nor does it confer any additional rights above and beyond what the Bidder already enjoys as a taxpayer. The purpose of this process is to allow WSPRC to correct evaluation process errors and problems before a contract is executed. WSPRC will perform a preliminary evaluation which is largely procedural. See Section 5.4.1 - Preliminary Evaluation (Procedural) and all of this section’s subparts. If WSPRC determines that a bid or Bidder must be rejected under 5.4.1 and/or subparts, WSPRC will send a rejection notification to the email address provided by the Bidder in the Bidder Profile form (Appendix B). WSPRC bears no responsibility for any issue or technological issue preventing actual receipt of the notification to the rejected Bidder. Two Business-day Response Period: The Bidder may refute the rejection. The rejected Bidder must respond to the rejection within two (2) business-days following the day of rejection notification. • The Bidder’s Rejection Response must be sent to contracts@parks.wa.gov. • Subject line must include the bid’s identification number and “Rejection”. See the first page or footer for the bid’s identification number. Example: 325-133 Rejection • The Bidder must explain how and why WSPRC erred in rejecting the Bidder’s bid under Section 5.4.1 - Preliminary Evaluation (Procedural). WSPRC will consider the rejected Bidder’s response, and if in WSPRC’s opinion, it determines error on our part, the bid will be moved forward to further evaluation. If WSPRC determines it did not err, the bid will not be moved forward for evaluation. The process detailed in this section (Section 5.1.1), does not supersede or displace the DEBRIEF process or PROTEST process. A Bidder may after the Announcement of Apparent Successful Bidder is announced, request a Debrief, and a Debrief is a prerequisite for a Protest. See Section 6.3 – Debriefing of Bidders and Section 6.4 – Protests for expanded details about the process and what WSPRC will recognize as legitimate. 5.2 GENERAL EVALUATION PROVISIONS The evaluation process is designed to award a contract to the Bidder with the best value based on the selected evaluation criteria. Evaluations of subjective material will likely be conducted by the customer program requiring the goods/services or an evaluation team. WSPRC has sole discretion over the selection of evaluators and will make such selections based on each potential evaluator’s availability, knowledge, skills, and experience with the subject matter. Evaluator(s) will independently grade and score or consensus score the Bidder’s material based on their own independent judgment, and in accordance with the format noted herein for each respective requirement. Evaluator(s) will only evaluate the material contained in the Responses and will not incorporate outside material into their determinations. The evaluator(s) has sole discretion over his or her final scores. Bidders should take every precaution to assure that all answers are clear, complete and directly responsive to each specific requirement. mailto:contracts@parks.wa.gov RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 15 of 34 5.3 EVALUATION OF COMPLETION BY DATE The Agency reserves the right to require that the Apparent Successful Bidder (ASB) provide within three (3) business days after request, satisfactory evidence of ability to have the services performed and completed by: not used. Failure to provide satisfactory evidence may be grounds for submittal rejection. 5.4 EVALUATION STEPS 5.4.1 Preliminary Evaluation (Procedural) a) Did the bid response arrive by the due date (deadline) to the proper location? Pass/Fail. b) Did the Bidder, on behalf of the Bidder’s Firm, appear to bind the company to the commitment of the competition (manifestation of assent)? Pass/Fail. Acceptable manifestations of assent may include: • Is the bid signed by an individual (a person and NOT a group or team)) with a wet- ink signature albeit provided as a PDF scan, photo, or other similar visual copy representation? c) Did the Bidder appear to provide and complete the information requested? Pass/Fail. d) Does the Bidder appear to accept the WSPRC terms and conditions without reservation? Pass/Fail. e) Does the Bidder, under penalty of perjury, certify it is not a Wage violator (see Certification - Wage Theft Prevention)? Pass/Fail. f) Does the Bidder, under penalty of perjury, certify it supports worker’s rights (see Certification - Supporting Workers’ Rights)? Pass/Fail. g) If submittals were required, were the submittals provided and do they appear to be complete so that the bid could be compared to other conforming bids? Pass/Fail. h) If any bid is rejected at this stage, send a Rejection Letter to the Bidder’s email address provided by the Bidder in the Appendix B – Bidder Profile. See also Section 5.1.1 – Rejected Bids/Bidders & Rejection Notification & Rejection Response. Allow the Rejection process to run its course and then for all remaining responsive bids, advance the bid(s) to Section 5.4.2 – Substantive Evaluation: Phase 1. 5.4.2 Substantive Evaluation: Phase 1 a) Preferences and penalties: Preferences and penalties that are required by law, rule, or competition document will be applied to bid pricing. A preference reduces the Bidder’s stated price by the amount of the preference and is an advantage to the Bidder. A penalty increases the Bidder’s stated price by the amount of the penalty and is a disadvantage to the Bidder. Preferences and penalties are applied to the pricing for evaluation purposes only but are not applied for purchasing purposes if awarded the contract. • Determine Reciprocity under RCW 39.26.271, WAC 200-300-075, DES Reciprocity Information, DES Reciprocity Map (list). Determine the business address from which the bid was submitted. Check the DES Reciprocity Map (list) to determine, for evaluation purpose only, if the bid’s pricing must be increased or rejected. • Determine Polychlorinated Biphenyls (PCB): b) If submittals were required, were the submittals provided and were they materially complete so that the material aspects of the bid response can be compared to other conforming bids? Pass/Fail. If a points methodology is being used instead of a pass/fail methodology, then determine the points. https://app.leg.wa.gov/RCW/default.aspx?cite=39.26&full=true#39.26.271 https://apps.leg.wa.gov/wac/default.aspx?cite=200-300-075 https://des.wa.gov/services/contracting-purchasing/doing-business-state https://des.wa.gov/services/contracting-purchasing/doing-business-state https://www.naspo.org/reciprocity1 RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 16 of 34 c) Determine the low bid; use subtotal value. If a points methodology is being used instead of low bid methodology, then determine the points. d) References: If not waived by WSPRC, do the references reflect good customer service and good product quality, and no meaningful apprehension from using this Firm in the future? Pass /Fail. If a points methodology is being used instead of a pass/fail methodology, waiver is not allowed, WSPRC must determine the points. e) Responsibility of the Bidder: In determining the responsibility of the Bidder, WSPRC may also consider: RCW 39.26.160 Bid awards—Considerations—Requirements and criteria to be set forth—Negotiations—Use of enterprise vendor registration and bid notification system. If considered then Pass/Fail. f) Upon determining the lowest priced responsive and responsible Bidder (or responsive and responsible Bidder with the most points), perform the Announcement of ASB UNLESS the Substantive Evaluation: PHASE 2 (optional) is used. 5.4.3 Substantive Evaluation: Phase 2 (Optional) a) Following PHASE 1 if WSPRC so chooses, the lowest priced responsive and responsible Bidder (or responsive and responsible Bidder with the most points) may be required to appear in some form and/or present additional materials to validate to the WSPRC that the services or items offered meets the WSPRC’s needs and meets all other competition terms & conditions. If WSPRC requests materials it deems necessary to validate the services or item offered, the materials must be provided within five (5) business days or face possible elimination. The Bidder WILL NOT be allowed to materially change its bid response and the examination will be limited to the validation of the item and/or services offered. If WSPRC in its sole discretion determines that the Bidder’s bid does not meet the WSPRC needs and/or other competition terms & conditions, the Bidder’s bid response will be rejected and the next lowest responsive and responsible (or responsive and responsible Bidder with the most points) bid response may be considered. This process may repeat itself until an Apparent Successful Bidder (ASB) is determined or the competition is cancelled. b) Upon determining the lowest priced responsive and responsible Bidder (or responsive and responsible Bidder with the most points), perform the Announcement of ASB. 5.5 SELECTION OF APPARENT SUCCESSFUL BIDDER Note: The Bidder meeting all responsive criteria and having the lowest costs (or, highest final cumulative score) will be selected as the Apparent Successful Bidder (ASB). WSPRC will notify the Apparent Successful Bidder, and the non-successful Bidders, via email to the address provided in the Bidder Profile (Attachment B) - Primary Contact Person for Questions/Contract Negotiations. 6 ANNOUNCEMENT OF ASB, PUBLIC DISCLOSURE, DEBRIEF, AND PROTESTS 6.1 ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER (ASB) Following the bid Evaluation, WSPRC will announce TO ALL BIDDERS the Apparent Successful Bidder (ASB) by email to the email address provided by the Bidder in the Bidder Profile (Appendix B). The Announcement of ASB starts a clock and it is the responsibility that the Bidder provide a working email. WSPRC accepts no responsibility for the Bidder’s actual receipt of the Announcement of ASB. https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.160 https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.160 https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.160 RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 17 of 34 The announcement is called the Announcement of Apparent Successful Bidder. Notification that a Firm(s) was selected as the ASB simply means that at this point in time WSPRC believes the ASB was the lowest cost responsive and responsible Bidder (or Bidder with the most points), but designation as the ASB is not a guarantee of a contract and/or WSPRC Purchase Order, or purchase. WSPRC reserves the right to reevaluate the ASB’s bid and determine whether the ASB’s bid was responsive and responsible and successful as first thought. ASBs are cautioned not to commit funds, resources, and effort prior to receiving an actual executed contract and/or WSPRC Purchase Order. Bidders and ASBs that commit funds, resources, and effort prior to a contract and/or WSPRC Purchase Order do so at its own risk and peril. Further, WSPRC cautions against any premature action prior to an executed contract and if any premature action causes a disruption or dilemma for WSPRC, it could result in no contract being executed. Following the announcement of the ASB, Bidders may request a Debrief conference. The Bidder will have a short period of time to request the Debrief conference. NOTE: A Debrief conference is a mandatory prerequisite for any Bidder desiring to protest the award. 6.2 PROCUREMENT RECORDS DISCLOSURE Procurement records for this competition cannot be released or viewed until after the Announcement of Apparent Successful Bidder (ASB); see Section 6.1 – Announcement of Apparent Successful Bidder. A Bidder may request copies of the competition records, including the solicitation and evaluation documents, or may inspect the competition records. Washington State Parks and Recreation Commission (WSPRC) has a Public Records Officer. If you’d like copies of these records, please click on the link(s) below for agency instructions. WSPRC Public Records Officer at: public.disclosure@parks.wa.gov • (INFO) https://parks.wa.gov/about/contact-us/public-records-requests • (FORM) https://parks.wa.gov/sites/default/files/2023-10/A- 374%20Public%20Record%20Request.pdf As you are completing your request, it is helpful that you identify the request so that it is understood by the Public Records Officer and not delayed. This competition is identified under: RFP 325-0133 Floating Sewer Pumpout Station at Sucia Island State Park This competition is being conducted through the: Contracts, Grants, and Procurement section, which is part of the agency Financial Services Office. 6.3 DEBRIEFING OF BIDDERS Following the Announcement of Apparent Successful Bidder and upon request by the Bidder, a debriefing conference will be scheduled with an unsuccessful Bidder. THE REQUEST FOR A DEBRIEFING CONFERENCE MUST BE RECEIVED BY THE PROCUREMENT COORDINATOR WITHIN THREE (3) BUSINESS DAYS FOLLOWING THE DAY OF THE ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. Thereafter, WSPRC will schedule a Debrief conference to go over the Bidder’s bid (not other bids). mailto:public.disclosure@parks.wa.gov https://parks.wa.gov/about/contact-us/public-records-requests https://parks.wa.gov/sites/default/files/2023-10/A-374%20Public%20Record%20Request.pdf https://parks.wa.gov/sites/default/files/2023-10/A-374%20Public%20Record%20Request.pdf RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 18 of 34 6.3.1 How To Request A Debrief Conference Requests for Debriefs shall be addressed to the Procurement Coordinator in the form of an email to contracts@parks.wa.gov. The email’s subject line must include the competition’s number and the word “Debrief”. Failure on the part of the Bidder to mark the email communication as instructed may result in the Debrief being overlooked or misunderstood and not considered. Example email subject line: 325-133 Debrief 6.3.2 Debrief Meeting, Discussion, And Delay Discussion will be limited to a critique of the requesting Bidder’s response. Comparisons between responses or evaluations of the other responses will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of 1/2 hour. WSPRC intends all debriefings conferences to take place within a few days of the Announcement of Apparent Successful Bidder. The requesting Bidder will not be allowed to delay the process from moving forward and should have a designated representative made available if the Bidder is unavailable. Bidders that are not available for the Debrief conference scheduled by WSPRC forgo its opportunity for debriefing and filing a Protest (see section titled Protests). 6.3.3 Debrief Is A Prerequisite For Protest A Debriefing Conference is a prerequisite to Protesting the Competition. 6.4 PROTEST 6.4.1 General: This protest process is not governed by Washington’s Administrative Procedures Act (APA), RCW 34.05, nor does it confer any additional rights above and beyond what the Bidder already enjoys as a taxpayer. The purpose of this process is to allow WSPRC to correct evaluation process errors and problems before a contract is executed. Only a Bidder having avail itself of a Debriefing Conferences may file a protest regarding this competition. The Bidder must strictly adhere to the protest process as set forth herein, the failure of which may result in a summary determination that the protest is without merit without an opportunity to cure. 6.4.2 Form And Content: All protests must: • Be in writing. • The protest must state and clearly articulate the grounds for the protest (see Section 6.4.3 – Content Limitations and 6.4.5 – Grounds Which May Be Protested) 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 Procurement Coordinator. mailto:contracts@Parks.WA.GOV RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 19 of 34 6.4.3 Content Limitations: WSPRC does not currently mandate any page limitation. However, the protest must be clearly articulated, succinct, organized, logical, and professional. WSPRC will summarily reject protests that: • fail to state and clearly articulate at least one of the three GROUNDS provided in Section 6.4.5 – Grounds Which May Be Protested; • contain rants, attacks, and/or disparaging or abusive remarks; • include multiple attachments or references to material (document dumping, document overload); OR, • appear to require the reader to weigh through voluminous amounts of material to verify the argument being made or piece together voluminous amounts of material to decipher the argument being made. 6.4.4 Submission Of Protests • All protests must be submitted within five (5) business days after the day of the Debriefing Conference. • Bidders must send all protests to: contracts@parks.wa.gov. See also Subject Line. • SUBJECT LINE: The email’s subject line must include the competition’s number and the word “Protest”. Failure on the part of the Bidder to mark the email as instructed may result in the Protest being overlooked or misunderstood and not considered. Example email subject line: 325-133 Protest • The name of the protesting Bidder, mailing address and phone number, and the name of the individual responsible for submission of the Protest. 6.4.5 Grounds Which May Be Protested • Conflict of Interest on the part of WSPRC staff. • Errors in computing the score. • Non-compliance with procedures described in the procurement document. Protests will be rejected as without merit if they do not clearly and convincingly meet one of the GROUNDS above and/or seems to address issues such as: • An evaluator’s professional judgment on the quality of a response, or • WSPRC’s assessment of its own and/or other agencies’ needs or requirements, or, • Issues, concerns, objections, or requests for changes that were or could have been addressed during the Question and Answer Period, Complaint Period, or a Bidder rejected under Section 5.1.1 - Rejected Bids/Bidders & Rejection Notification & Rejection Response, failing to timely avail itself of the Rejection Response period. 6.4.6 Manager Assignment And Review Upon receipt of a protest that meets the requirements described herein, a protest review will be held by WSPRC. WSPRC will assign a Manager who was not involved in the procurement. The Manager is responsible for reviewing and investigating the Bidder’s written protest and may meet with agency staff or the agency program that was involved in the competition. The Manager may consider the record and all reasonably available facts mailto:contracts@parks.wa.gov RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 20 of 34 and will issue a protest determination in writing within fifteen (15) business days from receipt of the protest. If additional time is needed, the Manager will notify the protesting party of the need for additional time within 15 business days from receipt of the protest. In the event a protest may affect the interest of another Bidder that submitted a response, WSPRC may reach out to that Bidder, may provide an unedited copy of the protest to that Bidder, and may invite that Bidder to submit its views and any relevant information on the protest to the Manager. Standard of Review: The onus is on the Bidder to clearly and convincingly demonstrate that WSPRC erred. 6.4.7 Protest Determinations And Findings The Manager’s protest determination may: • Find the protest lacking in merit and reject the protest; • Find only technical or harmless errors in WSPRC’s acquisition process and determine WSPRC to be in substantial compliance and reject the protest; OR • Find merit in the protest and provide WSPRC options which may include: o Correcting the errors and re-evaluating all responses; o Canceling the competition and possibly for a new competition to take place; OR o Making other findings and determining other courses of action as appropriate. If WSPRC rejects the protest, WSPRC will enter into a contract with the Apparent Successful Bidder no sooner than two business days after issuance of the protest determination by email to the protesting party at the email address indicated on the party’s bid documents. For the purposes of timing, the date the protest determination is sent to the protesting party shall not count. 6.4.8 Agency Decision is final The Manager’s protest determination constitutes the agency’s final decision regarding the protest. If the protesting party disagrees with the protest determination, the Bidder may seek judicial relief in the Washington Superior Court for Thurston County within 2 business days of the issuance of the protest determination. 7 ADDITIONAL GENERAL PROVISIONS FOR ALL BIDDERS 7.1 ANNOUNCEMENT AND SPECIAL INFORMATION By responding to this competition document, a Bidder acknowledges they have read and understand the entire competition and accepts all information contained within the competition document without modification. 7.2 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington (RCW). Those restrictions also apply to any Bidder submitting a Response under this competition who has hired a former state employee. Bidders should familiarize themselves with the requirements prior to submitting a Response that includes current or former state employees. RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 21 of 34 7.3 AMENDMENTS TO THE COMPETITION WSPRC reserves the right to revise this competition. All changes will be made by written competition amendment. All official competition amendments will be posted in WEBS and will automatically become incorporated as part of this competition. If there are any conflict between competition amendments, or between a competition amendment and the competition, whichever document was issued last in time will be controlling. Competition amendments will be made in consideration to the overall timeline; WSPRC will determine whether extensions to the timeline are necessary. The Bidder may only rely on the Competition and/or the Competition Amendments posted on WEBS. Any other communication, verbal or in writing SHALL be nonbinding on WSPRC. 7.4 RESPONSIVENESS OF BIDDER’S RESPONSE Each Bidder is specifically notified that failure to comply with any part of the solicitation may result in rejection of their Response as non-responsive. Rejected, non-responsive Responses will not be further evaluated, one the bid is found to be non-responsive. WSPRC will not be liable for any errors or omissions in Bidder’s Response. Bidders will not be allowed to alter their Response after the Response Submission Deadline. It is the responsibility of each Bidder to carefully read, understand, and follow all the instructions contained in this competition documents, and in any future amendments. If a Bidder does not fully understand any Response requirement, said Bidder should submit an inquiry to the Procurement Coordinator (see Section 1.6 – Questions And Answer Period). Bidders are hereby notified that failure to comply with any solicitation requirement may result in the Response being rejected as non-responsive. WSPRC reserves the right to waive any administrative, minor irregularity in a Response, but it is not required to do so. 7.5 CLARITY AND CLARIFICATIONS WSPRC will make the sole determination of clarity and completeness of the Responses. No Response may be altered or amended after the submission deadline; however, WSPRC reserves the right to contact a Bidder for clarification of responsive contents if necessary. NOTE: This clarification process is only used to clarify information that was contained within the Response; it is not a means of providing or incorporating new information that was otherwise not initially included. Evaluators have no obligation to seek or request a clarification; they may evaluate the response as provided. 7.6 COST OF RESPONSE PREPARATION WSPRC will not reimburse Bidders for any costs associated with preparing or presenting a Response to this competition. WSPRC will not be liable for any costs incurred by the Bidder in preparation or presentation of a responsive Response to this competition. WSPRC will not pay for any costs accrued prior to a mutually executed contract resulting from this competition. 7.7 OWNERSHIP OF RESPONSES All Responses and materials submitted in response to this competition document become the property of WSPRC. WSPRC has the right to use information or adaptations of information that is presented in a response. RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 22 of 34 7.8 FINAL SELECTION & NO OBLIGATION WSPRC reserves the right, at its sole discretion, to reject all responses without penalty and not to issue a contract as a result of this solicitation. WSPRC further reserves the right to cancel or reissue this competition prior to execution of a contract, if it is in the best interest of WSPRC to do so, as determined by WSPRC in its sole discretion. 7.9 INCORPORATION OF RESPONSE IN CONTRACT The Bidder’s response, including all promises, warranties, commitments, and representations made in the successful Response, are binding and shall be incorporated by reference into WSPRC’s contract with the Bidder. 7.10 AGREEMENT TO WSPRC’S CONTRACT TERMS AND CONDITIONS Attached as an Exhibit is a draft document that includes WSPRC’s contract terms and conditions. These terms and conditions will be incorporated into the final contract between WSPRC and the Apparent Successful Bidder. Each Bidder’s submission of its Response confirms that Bidder’s consent to these terms and conditions. 7.11 STATEWIDE VENDOR PAYMENT REGISTRATION Bidders are urged to be registered in the Statewide Vendor Payment system, prior to submitting a request for payment under this Contract. The Washington State Office of Financial Management (OFM) maintains a central Bidder registration file for Washington State agencies to process Bidder payments. To obtain registration materials go to the Statewide/Vendor Payee Services website at https://ofm.wa.gov/it-systems/statewide-vendorpayee-services . The registration form has two parts. Part 1 is the information required to meet the above registration condition. Part 2 allows WSPRC (and other state agencies) to pay invoices electronically with direct deposit. This is the most efficient method of payment and vendors are encouraged to sign up. 7.12 MINORITY WOMEN OWNED AND VETERAN OWNED BUSINESS WSPRC strongly encourages the participation of minority and women-owned businesses, Veteran owned businesses and small businesses, as prime Contractors, or Subcontractors. If you are a small business that needs assistance responding to this solicitation, help is available. Please visit OMWBE Small Business Assistance at https://omwbe.wa.gov/small- business-assistance to see the services offered. The Washington Procurement Technical Assistance Center (PTAC) is also available with no cost, confidential technical assistance for small businesses doing business with state government. Minority and Women-Owned Businesses In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation or on a Subcontractor basis. Bidders may go to https://omwbe.wa.gov/directory-certified-businesses to obtain information on certified firms. 7.13 PUBLIC DISCLOSURE & WAIVER OF PROPRIETARY INFORMATION • See Section 6.2 Public Records Disclosure. • See Appendix A – Certification, Assurances, and Waiver, at subsection L - Bidder’s Waiver And Release of Information, Public Disclosure is Authorized and Not Restricted. https://ofm.wa.gov/it-systems/statewide-vendorpayee-services RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 23 of 34 7.14 CIVIL RIGHTS COMPLIANCE The Director of the Washington State Parks and Recreation Commission, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Bidders will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, age, disability, income-level, or LEP in consideration for an award. WSPRC will also affirmatively ensure that any contract entered into pursuant to this solicitation will require full incorporation of these rights in relation to all employees, personnel, and agents of the Bidder. RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 24 of 34 8 APPENDICES AND EXHIBITS All Appendices noted below must be included as part of the Bidder’s Response • Appendix A (Section 8.1): Certifications, Assurances, and Waiver (sign and return all pages) • Appendix B (Section 8.2): Bidder Profile (return all pages) • Appendix C (Section 8.3): Pricing Page (return all pages) • Experience and Expertise (Section 3.6) (self-authored) • Small/Veteran Owned Business Certification (Section 3.7) (self-authored) • Appendix D (Section 8.4) References (return all pages) • Appendix E - Optional (Section 8.5): PCB Certification (return all pages) EXHIBITS • Exhibit A (Section 8.6): Sample Contract & General Contract Terms And Conditions • Exhibit B Pumpout Barge Performance Specification • Exhibit C Sucia Island Pumpout Design Drawings Continue on next page (APPENDIX A) – CERTIFICATIONS AND ASSURANCES AND WAIVER (return this page) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 25 of 34 8.1 (APPENDIX A) – CERTIFICATIONS, ASSURANCES, AND WAIVER a) I/My Firm make the following certifications and assurances as a required element of the proposal (bid response) to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s): b) I/we declare that all answers and statements made in the proposal are true and correct. c) The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal. d) The attached proposal is a firm offer for a period of 90 days following receipt, and it may be accepted by Washington State Parks and Recreation Commission (WSPRC) without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period. e) In preparing this proposal, I/My Firm have 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, and who was assisting in other than his or her official, public capacity. f) I/My Firm understand that WSPRC will not reimburse me/my Firm for any costs incurred in the preparation of this proposal. All proposals become the property of WSPRC, and I/My Firm claim no proprietary right to the ideas, writings, items, or samples. g) Unless otherwise required by law, the prices and/or cost data that have been submitted have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by him/her prior to opening, directly or indirectly to any other Proposer or to any competitor. h) I/My Firm agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions (if any), and any other instructions, Terms & Conditions, AND competition amendments to the same. Further: 1. Alterations to WSPRC Documents: I/My Firm understand and agree that I/My Firm shall not and has not altered or deviated from the original competition and any follow-on competition amendments and if my/my Firm’s bid response received by WSPRC materially alters or deviates from the competition or competition amendments (if any) then the bid response may be disqualified. Whether the alteration is noticed or not noticed by WSPRC, any resulting contract (including any type of order placement) SHALL continue with the altered portions or deviations being ignored in favor of the WSPRC official language (original competition and any follow-on competition amendments) as posted on the Washington Electronic Business Solutions (WEBS) which acts as the system of record for this competition. The awarded Contractor understands, agrees, and accepts this provision and SHALL hold harmless and save harmless the WSPRC. 2. Unrequested Supplemental Materials in Bidders Bid Response: I/My Firm understands and agrees that I/My Firm shall not and has not supplemented my/my Firm’s Bid Response with unrequested materials. Whether the unrequested material is noticed or not noticed by WSPRC, any resulting contract (including any type of order placement) SHALL continue with the unrequested material being ignored in favor of the WSPRC official language. The awarded Contractor understands, agrees, and accepts this provision and SHALL hold harmless and save harmless the WSPRC. i) 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. (APPENDIX A) – CERTIFICATIONS AND ASSURANCES AND WAIVER (return this page) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 26 of 34 j) I/My Firm grant WSPRC the right to contact references, systems, sources, and others, who may have pertinent information regarding the Bidder’s prior experience and ability to perform the services contemplated in this procurement. k) If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separately attached page. l) Bidder’s Waiver And Release of Information, Public Disclosure is Authorized and Not Restricted: I/My Firm grants to the State of Washington and the Washington State Parks and Recreation Commission a full and complete release of information of my/my Firm’s bid response and other documents or information pertaining to the same and if also awarded the contract then to the contract and any documents or information involving or pertaining to the contract. Markings of “confidential”, “proprietary” or similar term are unintentional and SHALL be ignored. Further, these materials or bid response may be publicly disclosed with no advanced notice to the Bidder/Contractor (me/my Firm). The Bidder/awarded Contractor (me/my Firm) understands, agrees, and accepts this provision and SHALL hold harmless and save harmless the State of Washington and WSPRC. m) Certification - 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 Bidder/contractor certification that the Bidder/contractor has not willfully violated Washington’s wage laws. See Chap. 258, 2017 Laws (enacting SSB 5301). I/My Firm certifies under penalty of perjury under the laws of the state of Washington the following is true and correct: 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 civil judgement 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 49.45, 49.48., or 49.52 within the three (3) prior years to the date of this competition’s date of issue. n) Certification - Supporting Workers’ Rights: Pursuant to the Washington State Governor’s Executive Order 18-03 (dated June 12, 2018), the Washington State Parks and Recreation Commission 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/My Firm certifies under penalty of perjury under the laws of the state of Washington the following is true and correct: 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. o) ELECTRONIC SUBMISSION OF DOCUMENTS ARE LEGALLY BINDING: Washington State recently enacted law allowing for electronic alternatives to pen-to-paper wet-ink signature on hardcopy documents, meaning if WSPRC agrees to alternatives other than wet-ink signature (pen-to-paper) on hardcopy documents, these alternatives may be accepted by WSPRC and are legally binding. See RCW 1.80. For purposes of this competition document WSPRC is accepting a PDF scan (or similar representation) of the Bidder’s wet-ink signature in the signature space below. For clarity: (APPENDIX A) – CERTIFICATIONS AND ASSURANCES AND WAIVER (return this page) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 27 of 34 Print out the competition document(s), review it, include any other required document, complete where necessary, sign where you need to sign with a pen onto the paper, when you believe your bid response is ready to be submitted to WSPRC, scan it as a PDF file and attach the file to your business email and send it to WSPRC. For expanded details see Section 4.1 – Submission of Responses. I/My Firm certifies under penalty of perjury under the laws of the state of Washington that submission of my/my Firm’s bid response and accompanying copy of my signature is legally binding on me/my firm, and that the WSPRC may rely upon its authenticity. I, acting as my Firm’s authorized representative declare on behalf of me/my firm under penalty of perjury under the laws of the State of Washington forgoing Certification and Assurances and Waiver is true and correct. Bidder, record the competition’s identifying number: (see footer or face page) RFP 325-133 FLOATING SEWER PUMPOUT STATION AT SUCIA ISLAND STATE PARK Bidder’s Company Name Bidder’s Printed Name Bidder’s Wet Signature (use blue ink) Place of Signature (City & State) Date (APPENDIX B) – BIDDER PROFILE (return this page) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 28 of 34 8.2 (APPENDIX B) – BIDDER PROFILE Bidder must provide all requested information in the space provided next to each numbered section below. Many of the questions require information if you answer “yes”. Please provide your response in the space provided unless otherwise directed to submit on a separate page (note: the spaces provided can expand to allow for more text to be typed in if necessary). If you are directed to provide answers on a separate page, please identify the question and corresponding number that you are responding to, and attach that document to this Appendix B. COMPANY INFORMATION: (a) Firm Legal Name* Street Address** Mailing Address City, State, ZIP *Legal Name: Many companies use a “Doing Business As” name or a nickname in their daily business. However, the State requires the legal name of your company as it is legally registered in the State of Washington or the state in which your company was registered. This should include the type of entity – Inc., LLC, LP, etc. ** RECIPROCITY: For purposes of RCW 39.26.271 (Reciprocity) the Bidder’s physical address will be used. Bidder MUST provide a physical address for his place of business. A post office box IS NOT a physical address. (b) DBA (if any) Telephone Number(s) Area Code: Number: Extension: Area Code: Number: Extension: (c) A list identifying which parties of the organization have the authority to sign contracts/ amendments on behalf of the Bidder’s entity. (d) Names, addresses, e-mail addresses and telephone numbers of the sole proprietor, partners, or principle officers as appropriate to the organization Name & Title: Address: Email Address: Telephone Number Area Code: Number: Extension: (e) Primary Contact Person for Questions/Contract Negotiations, including address if different than above Name & Title: Address: Email Address***: Telephone Number for Contact Person Area Code: Number: Extension: *** Email Address: The email address provided by the Bidder in subsection (e) will be used for officially contacting the Bidder for purposes of the competition. If the email address is left blank, then the email address provided in subsection (d) will be used. (i) WA State UBI https://app.leg.wa.gov/RCW/default.aspx?cite=39.26&full=true#39.26.271 (APPENDIX B) – BIDDER PROFILE (return this page) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 29 of 34 (j) Statewide Vendor Number (SWV) Bidder is urged to be registered with the Washington State Office of Financial Management as a statewide vendor. If no current SWV number, affirm that your organization will obtain a SWV number within ten (10) days of executing contract. YES NO (k) Federal Tax Identification Number (APPENDIX C) – PRICE SHEET TABLE (return this page) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 30 of 34 8.3 (APPENDIX C) - PRICE SHEET TABLE (MUST BE LEGIBLE) Appendix C - Table 1 – SPECIAL TERMS FOR BIDDER’S PRICING QUOTE 1. All Costs Rolled-in, Except Taxes: All costs rolled in, except tax. Washington State government agencies DO PAY sales tax but that should appear separately on the invoice and not as part of the unit price on the Price Sheet provided by the Bidder. 2. No Advanced Payment: With few exceptions, WSPRC may not make a payment in advance for goods or services in accordance with RCW 43.88.160. WA State Government can only make payments after delivery and acceptance of the item or service, and only upon proper invoice. 3. FOB Destination Freight Prepaid and Included. 4. SHIP TO / DELIVERY location: Delivery and launch to occur at the Deception Pass State Park, Cornet Bay Marine Crew Pier. 5. Transport, Delivery and Handling: Rolled into the cost of the item. 6. Deliver final product to specified delivery location within 180 calendar days from date on Notice to Proceed letter. 7. Condition: New, unused, without defects and manufactured in a workman-like manner, fit for its intended purpose. 8. Warranty: Furnish a minimum 3-year, non-prorated warranty on all parts and labor of the boat pumpout station barge facility. 9. See Specifications and drawings identified by Exhibit B and Exhibit C. 10. Bidders shall extend unit pricing as required. In the event of a math error in the extension of the cost, the unit price shall prevail. 11. FIRM OFFER PERIOD: The Bidder understands and accepts that it is making and will honor a Firm Offer period of 90 days following the bid’s due date, and the Bidder’s bid response may be accepted for award by WSPRC without further negotiation at any time within the 90-day period. 12. Prevailing Wage on WA State Contracts: Link: https://lni.wa.gov/licensing-permits/public-works- projects/prevailing-wage-rates/ Washington State enacted a Prevailing Wage law. Depending on the trade or occupation, Prevailing Wage must be paid to laborers, workers, or mechanics if the work is performed within Washington State. A link is provided to the Bidder to review the information from the WA Department of Labor and Industries. It is the Bidder’s responsibility to account for any required Prevailing Wage in the performance of this contract. Prior to executing a contract (or Purchase Order), the Bidder, may be required to timely complete and submit certain Prevailing Wage documents to the state of Washington, the failure of which will be grounds for disqualification and rejection. CONTINUE TO NEXT PAGE. https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=3&cad=rja&uact=8&ved=2ahUKEwju3Myv5-DnAhVoGDQIHekEBbIQFjACegQICBAC&url=https%3A%2F%2Fapp.leg.wa.gov%2Frcw%2Fdefault.aspx%3Fcite%3D43.88.160&usg=AOvVaw3t4irmxC5uEtFLtKP4kiY7 https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ (APPENDIX C) – PRICE SHEET TABLE (return this page) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 31 of 34 Appendix C - Table 2 – BIDDER’S PRICING QUOTE # Description Unit of Issue Quan. Needed Unit Price (Should not include tax) 1 Bidder, record in the cells to the right a unit price and total price for the item described immediately below and according to the specification and drawings. Bid Item 1: PUMPOUT BARGE SYSTEM FABRICATION Materials supplied under this Bid Item shall consist of full procurement and assembly of the Pumpout Barge System. This item includes the following: •All procurement, materials, labor, tools, testing, permits, inspections, and equipment for the assembly as indicated in this Specification and the Drawings. •All transportation and delivery of all Materials supplied in this item to the Contractor fabrication site and to the Owner’s designated delivery site at the Cornet Bay Marina in the Deception Pass State Park. Delivery includes, but is not limited to, loading, transport, off-loading, taxes, fees, plans/permits, and surcharges. Bid Item 2: PUMPOUT BARGE INSTALLATION SUPPORT All labor, tools and equipment related to support of the installation of the pumpout barge for the Project. Lump Sum Lump Sum 1 1 $ $ Total: $ 2 See Appendix C, Table 1 for SHIP TO /DELIVERY location Est. Tax: $ (APPENDIX D) - REFERENCES (return this page) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 32 of 34 8.4 (APPENDIX D) - REFERENCES (must be legible) In the Table below the Bidder shall provide five (5) references from customers or businesses, for which the Bidder has provided similar goods and services, and that the Reference can speak to the quality of the Bidder’s goods and Bidder’s customer service. The WSPRC reserves the right to request additional references and independently contact anyone that may have knowledge of the Bidder’s Firm. Bidder’s grant of its Release of Information also authorizes WSPRC to firms/parties other than those listed below. Company & Name of Person Phone & Email (EXAMPLE) Anything LLC John Smith (EXAMPLE) 360.555.5555 john.smith@haha.com mailto:john.smith@haha.com (APPENDIX E) - PCB CERTIFICATION (return this page if completed) RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 33 of 34 8.5 (APPENDIX E, optional) - PCB CERTIFICATION (MUST BE LEGIBLE) STATUTORY PREFERENCE FOR PCB-FREE PRODUCTS & THE PRODUCT’S PACKAGING Pursuant to RCW 39.26.280, the Washington State Parks and Recreation Commission (WSPRC) is providing a bid preference in the amount of five percent (5%) to any bidder that provides products AND the product’s packaging that do not contain Polychlorinated Biphenyls (PCBs). Bidders who seek to obtain the bid preference for PCB-Free Products AND the product’s packaging must, in regard to the products AND the product’s packaging pertaining to this Competition, certify either (a) that all of their products AND the product’s packaging; or (b) specific products AND the product’s packaging are PCB-free. To be deemed to be ‘PCB-free,’ the applicable products AND the product’s packaging must be tested, within the previous 365 days, by an independent, third party laboratory using Environmental Protection Agency Analytical Method 1668c, and have been found NOT to contain PCBs. Such test for the applicable products must be attached to this certification. ◊ ◊ ◊ ◊ ◊ I hereby certify, on behalf of the firm identified below, as follows (check one):  BID PREFERENCE FOR ALL PRODUCTS AND THE PRODUCT’S PACKAGING. Bidder is seeking a bid preference for all of Bidder’s products And the product’s packaging pertaining to the above referenced Competitive Solicitation. Bidder certifies that each and all of Bidder’s products AND the product’s packaging identified in the above referenced Competition have been be tested, within the previous 365 days, by an independent, third party laboratory using Environmental Protection Agency Analytical Method 1668c, and have been found NOT to contain PCBs (PCB-Free). Bidder further certifies that the attached test results are the official test results for such products. OR  BID PREFERENCE FOR SPECIFIC LINE ITEM PRODUCTS AND THE PRODUCT’S PACKAGING. Bidder is seeking a bid preference for Bidder’s following specific product(s) AND the product’s packaging pertaining to the above referenced Competitive Solicitation. Bidder certifies that each of Bidder’s listed product(s) AND the product’s packaging pertaining to the above referenced Competition has been be tested, within the previous 365 days, by an independent, third party laboratory using Environmental Protection Agency Analytical Method 1668c, and have been found NOT to contain PCBs (PCB-Free). Bidder further certifies that the attached test results are the official test results for such product(s). Line Item: _______________________________________________________ Line Item: _______________________________________________________ Line Item: _______________________________________________________ *Add Additional lines if necessary By signing the Certification and Assurance Page, 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. (EXHIBIT A) – SAMPLE CONTRACT WITH GENERAL TERMS AND CONDITIONS RFP 325-133 Floating Sewer Pumpout Station at Sucia Island State Park Page 34 of 34 8.6 (EXHIBIT A) – Sample Contract & General Contract Terms And Conditions A sample contract with general terms and conditions is provided in this section and/or will be separately posted on WEBS with a file name of “Exhibit A / Sample Contract” and the file name may or may not also include the competition’s number as part of the file name. The sample contract is a close representation but not a perfect representation of what the Apparent Successful Bidder (ASB) will be expected to sign. The actual agreement will have to include elements of the ASB’s bid response, any negotiated conditions, the statement of work, performance periods, contractor information, compensation, and any updated to comply with law, regulation, or policy. Should the ASB refuse to sign the WSPRC drafted contract the ASB will be disqualified. Cost Code: «FundingCode» Contract # SC «ContractNumber» Page 1 of 9 EXHIBIT A WASHINGTON STATE PARKS AND RECREATION COMMISSION PURCHASED SERVICES AGREEMENT PARKS CONTRACT NO. SC «CONTRACTNUMBER» THIS AGREEMENT is made and entered into by and between the Parks & Recreation Commission, State of Washington, hereinafter referred to as "State Parks", and «ContractorConsultantName», hereinafter referred to as the "Contractor", for the express purposes set forth in the following provisions of this contract. ACQUISITION AUTHORITY State Parks has the authority as provided by RCW 39.26.090. Currently, STATE PARKS has delegated authority for services in the amount of $1,000,000 per contract event for services. Per policy DES—090-00, section 6, subsection c: General Delegated Authority dollar amounts are not cumulative; the dollar amounts apply to each contract term or to each purchase event The purpose of this contract is to provide specialized services as described below, which State Parks is unable to adequately perform with its own personnel. In consideration of the terms and conditions contained herein, or attached and incorporated and made a part hereof, State Parks and Contractor mutually agree as follows: SPECIAL TERMS AND CONDITIONS I. SCOPE OF WORK Attachment “A” contains the General Terms and Conditions governing work to be performed under this contract, the nature of the working relationship between State Parks and the Contractor, and specific obligations of both parties. The Contractor will provide the following services: II. PERIOD OF PERFORMANCE Subject to other contract provisions, the period of performance under this contract will be from the date this instrument is signed by State Parks, through «OriginalExpirationDate», unless sooner terminated as provided herein. III. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this contract shall be subject to and governed by the special terms and conditions contained in the text of this contract ins