Invitation for Bid (IFB) 01312

Solvent-Based Marking Paint

The Washington State Department of Enterprise Services (DES) issues this Invitation for Bid (IFB) under the authority of the Revised Code of Washington (RCW) 39.26. DES reserves the right to modify dates and times. Any changes will be sent electronically as Amendments to all users of Washington’s Electronic Business Solution (WEBS) who downloaded this IFB.

Bids Are Due...... February 7, 2013 at 2:00 PM

Optional Pre-Bid Meeting....January 24, 2013 @ 10:00 AM

1500 Jefferson St. SE,Room 2332

Olympia, WA 98501

Parking Options

Procurement Coordinator....Melanie Williams

360-407-9399

Deliver Bids to...... Washington State Department of Enterprise Services (DES)

1500 Jefferson St. SE

PO Box 41411

Olympia, WA 98501

Attention:Bid Clerk,Master Contracts & Consulting Unit

IMPORTANT: Bids must be delivered in a sealed package and should have the following information on the outside:

IFB Number
Bid Due Date and Time
Procurement Coordinator’s Name
Bidder’s Company Name & Address

Washington State Department of Enterprise Services (DES)Page 1 of 23

Invitation for Bid 01312

Solvent-Based Marking Paint

Contents

1SUMMARY OF OPPORTUNITY

1.1Purpose of the IFB

1.2Purchasers

1.3Contract Term

1.4Estimated Usage

1.5Material Requirements

1.5Container Requirements

1.6Delivery Requirements

2IFB OVERVIEW

2.1Announcement and Special Information

2.2Washington’s Electronic Business Solution (WEBS)

2.3Amendments

2.4Bidder Communication Responsibilities

2.5Bidder Responsiveness

2.6Pricing

2.7Non-Endorsement & Publicity

2.8No Costs or Charges

2.9No Best and Final Offer

2.10Dealer Authorization

2.11Economic and Environmental Goals

3PREPARATION OF BIDS

3.1Pre-bid Meeting

3.2Bid Submittals (Checklist)

3.3Format

3.4Electronic Copies

3.5Due Date and Time

3.6Bid Opening

4EVALUATION AND AWARD

4.1General Provisions

4.2Determination of Responsiveness

4.3Determination of Responsibility

4.4Evaluation

4.5Selection of Apparent Successful Bidder

4.6Intent to Award

4.7Award

4.8Bid Information Availability after Award

5CONTRACT INFORMATION

5.1The Contract

5.2Parties

5.3Authority to Bind

5.4Counterparts

5.5Sales & Subcontractor Report

5.6Contract Administration Fee

5.7Changes

5.8Price Adjustments

5.9Miscellaneous Expenses

APPENDICES

Competitive Procurement Standards

Price Worksheet

Bidder Profile

CERTIFICATIONS & ASSURANCES

AUTHORIZED OFFER & CONTRACT SIGNATURE PAGE

Washington State Department of Enterprise Services (DES)Page 1 of 23

Invitation for Bid 01312

Solvent-Based Marking Paint

1SUMMARY OF OPPORTUNITY

1.1Purpose of the IFB

The purpose of this IFB is for replacement of Contract 07706a statewide Contract for the as-needed purchase of Solvent- Based Marking Paint.

Bidders are required to bid white and yellow formulations of Low VOCPavement Marking Paintand Zone Marking Paint.

1.2Purchasers

While political subdivisions were the primary users of the previous statewide contract, this Contract will be available for use by all members of the Washington State Purchasing Cooperative (WSPC) including where applicable: State Agencies, Institutions of Higher Education, Political Subdivisions, and Non-Profit Corporations.

The Contract will also be available for use by Oregon Cooperative Purchasing Program (ORCPP) based on the Contractor’s acceptance.

While use of the Contract by Political Subdivisions and Non-Profit Corporations that are members of the WSPC and ORCPP members is optional, DES encourages them to use our Contracts. Their use of the Contracts may significantly increase the purchase volume. Their orders are subject to the same Contract terms, conditions and pricing as state agencies. DES accepts no responsibility for orders or payment by WSPC, DASCPP or ORCPP members.

WSPC members:

ORCPP members:

1.3Contract Term

The initial term of the Contract is from award through 11/30/2014 with the option to extend for additional term(s) or portions thereof. Extensions will be exercised at the sole discretion of DES upon written mutual agreement. The total Contract term, including the initial term and all extensions, will not exceed eightyears unless circumstances require a special extension. DES reserves the right to extend with all or some of the Contractors.

1.4Estimated Usage

Purchases over the initial two-year term of the Contract could approximate $2,875,000. DES anticipates that Low VOC Pavement Marking Paint could account for approximately 80% of purchases. Historically, optional Zone Marking Paint has accounted for the balance of purchases of solvent-based marking paints.

Estimated breakdown:
Approximately 80%: Low VOC Pavement Marking Paint / $2,300,000
Approximately 20%: Optional Zone Marking Paint / $575,000
$2,875,000

Estimates are based on past and/or projected usage and are provided solely for assisting Bidders in preparing their Bids. Orders will be placed only on an as needed basis.

DES does not represent or guarantee any minimum purchase.

1.5Material Requirements

Low VOC Traffic Marking Paint

Fast drying acrylic traffic paint for marking highways, crosswalks, stop bars, and legends suitable for application on bituminous and concrete roadways. A 15 wet mil application can be applied cold (ambient) or with low heat (Maximum of 125 F) with air or airless or conventional spray equipment provided that the pavement is clean and dry. The white and yellow paint shall contain no lead, chromium, or cadmium. The VOC content of the paint shall be less than 150 grams per liter. DES reserves the right to review and modify product “green” requirements over the course of this contract.

Containers / State and federally approved intermediate bulk containers (totes), drums and pails.
WSDOT Approved / At the time of Bid opening, thematerial bid for this category must be listed as a qualified product with the Washington State Department of Transportation (WSDOT)for “Standard Specification 9-34.2(4) -- Pavement Marking - Low VOC Solvent Based Paint”of the Standard Specifications for Road, Bridge, and Municipal Construction.
View the Qualified Products List (QPL),and in the “Standard Specs” search box, click the down arrow on the right side of the box for a drop down menu, scroll down and select“9-34.2(4) -- Pavement Marking - Low VOC Solvent Based Paint” and click the “Search” button.
The QPL is compiled by the State Materials Laboratory Documentation Section. For questions, comments, contact the WSDOT QPL Engineer at (360) 709-5442

Zone Marking Paint

Fast drying and highly durable zone marking paint designated for no heat application.

Containers / State and federally approved five gallon pails.
Application Data / Material Bid for this category must be applied by air or airless equipment without need for coning and with a minimum of traffic control.
Coverage: 93 square feet per gallon at 15 mils wet film thickness, yields 8 to 10 mils dry film.
Reflective glass media: Type A drop on beads at 6 to 8 pounds per gallon dispensed with pressured bead gun system.
Storage stability: six (6) months with a viscosity increase of less than 10 KU (Krebs Units) measure of viscosity at a temperature of 50 degrees Fahrenheit and above.
Minimum application: Should not be applied below 50 degrees Fahrenheit.
Viscosity / ASTM D 562
70 degrees F: 70 to 75 KU
50 degrees F: 86 KU maximum
122 degrees F: 66 KU minimum
Density / ASTM D 1475, Weight per gallon at 70 F
White: 12.00 pounds/gallon minimum
Yellow: 12.00 pounds/gallon minimum
Contrast Ratio / ASTM D 2805, at spread rate of 320 square feet per gallon
White: 92% minimum of complete hiding over black and white.
Yellow: 92% minimum of complete hiding over black and white.
Daylight Reflectance / ASTM E1347 (10 mils wet film thickness)
White: 86 min of 100 percent standard.
Yellow: 64 minimum of 100 percent standard.
Non-Volatile Content / ASTM D1644
Non-volatile content 65 percent to 68 percent solids. Measure of binder plus pigments weight total.
Pigment Content / ASTM D2371
Pigment content of Total Weight: 53 percent measure of dry ingredients.
Dispersion / ASTM D1210
2 minimum (Hegman Scale)
Flexibility / ASTM D522
Flexibility; Pass ½ in mandrel bend of paint film cast on a test panel
No-Track Time (beaded) / Dry to No-Pick-Up Time: 15 to 35 seconds based on a road dry test
Bleeding Over Asphalt / ASTM D868 and D869
Bleeding over asphalt; 90 percent min brightness maintained.
Storage Stability / The material shall not show evidence of heavy caking or settling which requires mechanical means to return the product to usable condition for a period of one year from the date of manufacture or date first shipped. These paints do not form a dried surface layer or skin. They re-dissolve in their own solvents preventing a thick build up in drums or on tank walls.

1.5Container Requirements

These specifications represent the default container specifications. DES reserves the right to accept alternative containers after Award upon request of a Purchaser. Unless otherwise agreed to in writing by DES and the Contractor, containers will default to the following specifications:

Totes

Capacity/Fill Level / 350 gallons filled to 325 gallons
Design/Construction / All containers shall be of the same design.
Outside Tank Diameter / The totes shall be 46 inch nominal outside tank diameter or 48 inch X 48 inch square containers.
Fork Lift Skids / The outside dimension of fork lift skids (four-way) shall be 46 inches, plus or minus 2 inches square.
Tops / Totes shall have screw down, bolt down or hinged tops.
Totes may have an additional opening to facilitate manufacturer's fill process.
Pressure and Vacuum Relief / Totes shall have pressure and vacuum relief valves. Opening of the container for vacuum relief shall not cause the paint to come in contact with air. The system used must ensure operation during and after transportation and handling, and after storage up to one year after delivery.
Lifting / Stacking Features / Totes shall have four-way lift capability.
Totes shall have two-way lifting lugs.
Totes shall be stackable.
Bottom Slope / Totes shall be constructed so the bottom of the container slopes toward the valve.
Valve / Totes shall have a 2 inch ball valve fitted with a male quick disconnect, compatible with the purchaser's striping equipment. The valve shall be equipped with a security mechanism to discourage vandalism or accidental opening. No portion of the valve or guard shall extend beyond the vertical plane of the fork lift assembly where it could be damaged. The valve guard shall be of sufficient size to protect the valve and disconnect with three inches of clearance on all sides of the valve.
Tote covers and valves shall be such that they can be resealed easily after partial use of the contents.
Loading and Unloading / If requested, the Contractor shall furnish to the Purchaser any lifting tool, chains, hooks, etc. necessary to facilitate tote loading and unloading with the respective purchaser’s supply truck loading equipment in the event the tote loading cannot be satisfactorily accomplished with the purchaser’s equipment. There shall be no charge for any of the loading equipment necessary to facilitate tote loading.
Empty Totes / Empty totes shall be returned in the same condition as they were received, except for normal wear and tear. It is the Contractor’s responsibility to pick up the empty totes free of charge. Delivery of paint shall not be contingent upon the return of empty totes, drums, or containers. The purchaser shall notify the contractor of available empty totes. The Contractor shall contact the purchaser within five business days and coordinate and schedule a tote container pick-up date. Any totes not picked up within 30-days of scheduled pick up may be returned to the Contractor freight collect. However, after the 30-day period, the purchaser shall communicate their intent to utilize the freight collect option and give the contractor seven calendar days to retrieve the empty containers before actually shipping freight collect. The Contractor and Purchaser may make separate arrangements provided it is in writing and mutually agreed upon.

Drums and Pails

Material may also be ordered as follows:

55-gallon drums filled to 50 gallons

5-gallon pails filled to five gallons

These containers shall meet federal and state law. If necessary to prevent paint to container reaction, the lid and all parts of the container shall be lined in such a manner as to prohibit any direct contact of the paint to metal. Drums shall have a 2-inch screw top opening and a vent opening.

Deposits

There shall be no deposits required on any delivery container described herein. However, the Purchaser will be responsible for damages to totes.

Labeling

All containers shall be labeled in accordance with state and federal requirements.

All materials that contain solvents, cleaning agents, chemicals, or other hazardous materials shall be labeled with the names of the hazardous ingredients, the hazards of the materials and the appropriate precautions.

The totes, drums and pails shall be plainly labeled or stenciled, in black, on the pail and drum lid and in a prominent location on the tote to show the following information:

Specification/formula number

Color

Name of manufacturer

Date of manufacture

Batch number

Weight per gallon

Tare weight of the empty container

Gross weight of the filled container

1.6Delivery Requirements

General Provisions

Schedule & Acknowledgement: Delivery shall be made within 15 calendar days after receipt of order unless a later date is noted on the order document. The date orders are submitted from Purchaser to the Contractor shall initiate the 15 calendar day period. The Contractor shall submit an acknowledgment of the order within three (3) business days from the time of their receipt of the order.

Delivery Times: Delivery must be made during Purchaser’s normal work hours, per Purchaser’s security and access processes and within time frames either:

required in the Solicitation, or
if requested in the Solicitation, proposed by Contractor in its Bid and subsequently accepted by the state, or
as otherwise mutually agreed in writing between the Purchaser and Contractor at the time of order placement.

Failure to comply with agreed upon delivery schedule, security and access procedures may subject the Contractor to damages, including but not limited to Contractor’s return of materials and cancellation of services at no charge to Purchaser if Purchaser determines Contractor’s failure to deliver as agreed causes the need for cancellation.

The Purchaser may refuse shipment when delivered after normal working hours. The Contractor shall verify specific working hours of individual Purchasers and instruct carrier(s) to deliver accordingly. The acceptance by the Purchaser of late performance, with or without objection or reservation by the Purchaser, shall not waive the right to claim damage for such breach, nor preclude the state or Purchaser from pursuing any other remedy provided herein, including termination, nor shall such acceptance of late performance constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Contractor.

Location & Performance: All deliveries are to be made to the applicable delivery location as indicated in the Order Document. When applicable, the Contractor shall take all necessary actions to safeguard items during inclement weather. In no case shall the Contractor initiate performance prior to receipt of written or verbal authorization from authorized Purchasers. Expenses incurred otherwise shall be borne solely by the Contractor.

Delivery Quantities (Truckload & Less than Truckload)

Delivery quantities are defined as Truckload and Less-than-Truckload. These two quantities may have a different per gallon cost.

Truckload / A minimum of 3,250 gallons (10 totes or any combination of delivery containers) in any combination of paint type and color. A truckload is governed by the gallon quantity ordered and not by the vehicle used to ship the quantity ordered.
Less-Than-Truckload / Less than 3,250 gallons in any combination of delivery container, paint type and color.

Freight Rules

Contractor shall ship all products purchased pursuant to this Contract in accordance with the following freight rules.

F.O.B. Destination, Freight Prepaid and Charged Back / Orders less than 1,300 Gallons (four totes) of any combination of paint type, colors or packages, delivered to a single location, may be shipped freight charges prepaid and added to the invoice as a separate line item.
F.O.B. Destination, Freight Prepaid / There shall be no separate freight charges for orders of 1,300 gallons (four totes) or more, of any combination of paint type, colors or packages, delivered to one or more location(s).

The gallon amount ordered and not the packaging shall control.

For example:
If a purchaser orders four totes; each of which are supposed to be filled to 325 gallons the contractor cannot fill one tote to less than 325 gallons and claim that the 1,300 gallon threshold was not met.

2IFB OVERVIEW

2.1Announcement and Special Information

TheIFB, its appendices, attachments, amendments and any incorporated documents will comprise the entire IFB which will become the resulting Contract between DES and the awarded Contractor when it is countersigned by DES.

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

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

2.2Washington’s Electronic Business Solution (WEBS)

Bidders are solely responsible for:

Properly registering with Washington’s Electronic Business Solution (WEBS) at maintaining an accurate Vendor profile in WEBS.

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

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

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

2.3Amendments

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