Part I THE SOLICITATION
State of Washington
DEPARTMENT OF GENERAL ADMINISTRATION
Office of State Procurement
210 11th Avenue SW, Rm. 201,Olympia, Washington 98504-1017 (360) 902-7400
PART ONE – THE SOLICITATION
INVITATION FOR BID (IFB)
Robots, Hazardous Duty and Accessories
(HOMELAND SECURITY)
Solicitation Number / Bid due date and time02909-2 / June 15, 2009 - 2:00 P.M.
Heidi Bohl, CPPB
Contracts Specialist
Phone (360) 902-7435
Fax (360) 586-2426
E-mail:
To request this information in alternative formats call (360) 902-7400, or TDD (360) 664-3799.
Bids must be received and stamped on or before the Bid due date and time at this location:
210 11th Avenue SW, Rm. 201
General Administration Building
Olympia WA 98504-1017
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BIDDER’S AUTHORIZED OFFER
(BID SIGNATURE PAGE)
#02909 Robots, Hazardous Duty and Accessories (Homeland Security)
Issued by the State of Washington
Certifications and Assurances
We make the following certifications and assurances as a required element of the Response, to which it is attached, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the IFB are conditions precedent to the award or continuation of the resulting Contract.
- The prices in this Response have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered. The prices in this Response have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before Contract award unless otherwise required by law. No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. However, we may freely join with other persons or organizations for the purpose of presenting a single Bid.
- The attached Response is a firm offer for a period of 120 days following the Response Due Date specified in the IFB, and it may be accepted by the Purchasing Activity without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 120 day period. In the case of protest, our Response will remain valid for 180 days or until the protest and any related court action is resolved, whichever is later.
- In preparing this Response, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the State's solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Response. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)
- We understand that the State will not reimburse us for any costs incurred in the preparation of this Response. All Responses become the property of the State, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Response. Submission of the attached Response constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the solicitation document.
- We understand that any Contract awarded, as a result of this Response will incorporate all the solicitation requirements. Submission of a Response and execution of this Certifications and Assurances document certify our willingness to comply with the Contract terms and conditions appearing in Part II,if selected as a contractor. It is further understood that our standard contract will not be considered as a replacement for the terms and conditions appearing in Part II of this solicitation.
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- The authorized signatory below acknowledges having read and understood the entire solicitation and agrees to comply with the terms and conditions of the solicitation in submitting and fulfilling the offer made in its Bid.
- The authorized signatory below certifies that under the requirements of Lobbying Disclosure Act, 2 U.S.C., Section 1601 et seq., no Federal appropriated funds have been paid or will be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
- By submitting this Bid, Bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this solicitation.
The signatory below represents that he/she has the authority to bind the company named below to the Bid submitted and any contract awarded as a result of this solicitation.
Bidder Signature / Company NameTitle / Date
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CHECKLIST
This checklist is provided for Bidder's convenience only. It is the bidder’s responsibility to thoroughly read this solicitation document and ensure all required information and documents are submitted with the Response. Any Response received without one or more of these documents may be rejected as being non-responsive.
MINIMUM REQUIRED SUBMITTALS
Bid Response (Electronic and Hard Copy(ies))Signed Bidder's Authorized Offer
Signed Part II Model Contract (complete document)
Bid Amendment(s) (if applicable)
Appendix C - Bidder Profile
Appendix D –Technical Specifications
Appendix E – PriceWorksheet
Descriptive Literature and/or Manufacturer’s technical specifications (if applicable)
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TABLE OF CONTENTS
Part I THE SOLICITATION
BIDDER’S AUTHORIZED OFFER
CHECKLIST
1SOLICITATION OVERVIEW
1.1ACQUISITION AUTHORITY
1.2STANDARD DEFINITIONS
1.3CONTRACT FORMATION
1.4MODEL CONTRACT
1.5SOLICITATION AMENDMENTS
1.6INCORPORATION OF DOCUMENTS INTO CONTRACT
1.7RIGHT TO CANCEL
1.8NON-ENDORSEMENT AND PUBLICITY
1.9IN-STATE PREFERENCE/RECIPROCITY
1.10MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES (MWBE)
2SUMMARY OF OPPORTUNITY
2.1BACKGROUND
2.2PURPOSE
2.3CONTRACT SCOPE
2.4PURCHASERS
2.5CONTRACT TERM
2.6ESTIMATED USAGE
2.7EXPECTED RESULT
2.8AWARD
3TIMELINE
3.1PROCUREMENT SCHEDULE
3.2BID OPENING PROTOCOL
3.3CONTRACT INFORMATION AVAILABILITY AFTER AWARD
3.4PROTEST PROCEDURES
4INSTRUCTIONS TO BIDDERS
4.1AUTHORIZED COMMUNICATION
4.2BIDDER COMMUNICATION RESPONSIBILITIES
4.3(M) BIDDER AUTHORIZED REPRESENTATIVE
4.4WASHINGTON ELECTRONIC BUSINESS SOLUTION (WEBS)
4.5PREPARATION OF BIDS
4.6BIDDER RESPONSIVENESS
4.7(M) BIDDER PROFILE
4.8(M) PAYMENT TERMS
4.9(M) BID PRICING
4.10WITHDRAWAL OR MODIFICATION OF BID
4.11PROPRIETARY OR CONFIDENTIAL INFORMATION
4.12SAMPLES
4.13DESCRIPTIVE LITERATURE
5BIDDER QUALIFICATIONS
5.1FEDERAL FUNDING
5.2(M) FEDERAL RESTRICTIONS ON LOBBYING
5.3(M) FEDERAL DEBARMENT AND SUSPENSION
5.4(M) USE OF SUBCONTRACTORS
5.5TECHNICAL REQUIREMENTS
5.6WARRANTY REQUIREMENTS
6SUCCESSFUL BIDDER RESPONSIBILITIES
6.1NO COSTS OR CHARGES
6.2CONTRACT MANAGEMENT
6.3(M) INSURANCE
6.4STATEWIDE VENDOR PAYMENT REGISTRATION
6.5(M) SALES & SUBCONTRACTOR REPORTS
6.6(M) OTHER REQUIRED REPORT(S)
7PRICING (COST FACTORS)
7.1(M) PRICING
7.2NO BEST AND FINAL OFFER
7.3(M) PRICE SHEET
7.4PRICE ADJUSTMENTS
7.5PRESENTATION OF ALL COST COMPONENTS
8EVALUATION AND AWARD
8.1AWARD CRITERIA
8.2EVALUATION PROCESS
8.3SPECIFICATION AND COMPLIANCE CHECK
8.4NOTICE OF INTENT TO AWARD:
8.5SELECTION OF APPARENTLY SUCCESSFUL BIDDER
8.6NOTIFICATION OF APPARENTLY SUCCESSFUL BIDDER
PART II THE MODEL CONTRACT
State of Washington
1OVERVIEW
1.1CONTRACT SCOPE
1.2CONTRACT SCOPE AND MODIFICATIONS
1.3RECITALS
1.4ESTIMATED USAGE
1.5CONTRACT TERM
1.6PURCHASERS
2CONTRACT ADMINISTRATION
2.1PURCHASING ACTIVITY CONTRACT ADMINISTRATOR
2.2ADMINISTRATION OF CONTRACT
2.3CONTRACTOR SUPERVISION AND COORDINATION
2.4POST AWARD CONFERENCE
2.5CONTRACT MANAGEMENT
2.6CHANGES
2.7STATEWIDE VENDOR PAYMENT REGISTRATION
2.8SALES & SUBCONTRACTOR REPORTS
2.9OTHER REQUIRED REPORT(S)
2.10WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS)
3PRICING
3.1PRICE PROTECTION
3.2NO ADDITIONAL CHARGES
3.3PRICE ADJUSTMENTS
4CONTRACTOR QUALIFICATIONS AND REQUIREMENTS
4.1ESTABLISHED BUSINESS
4.2USE OF SUBCONTRACTORS
4.3SUBCONTRACTS AND ASSIGNMENT
4.4CONTRACTOR AUTHORITY AND INFRINGEMENT
4.5MATERIALS AND WORKMANSHIP
5DELIVERY REQUIREMENTS
5.1ORDER FULFILLMENT REQUIREMENTS
5.2STANDARD OF QUALITY/CONSISTENCY OVER TERM OF CONTRACT
5.3SHIPPING AND RISK OF LOSS
5.4DELIVERY
5.5SITE SECURITY
5.6INSPECTION AND REJECTION
5.7TREATMENT OF ASSETS
6PAYMENT
6.1ADVANCE PAYMENT PROHIBITED
6.2IDENTIFICATION
6.3PAYMENT, INVOICING AND DISCOUNTS
6.4TAXES, FEES AND LICENSES
6.5MINORITY AND WOMEN’S BUSINESS ENTERPRISE (MWBE) PARTICIPATION
6.6OVERPAYMENTS TO CONTRACTOR
6.7AUDITS
7QUALITY ASSURANCE
7.1CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS
7.2PRODUCT WARRANTY
7.3WARRANTIES
7.4COST OF REMEDY
8INFORMATION AND COMMUNICATIONS
8.1ADVERTISING
8.2RETENTION OF RECORDS
8.3PROPRIETARY OR CONFIDENTIAL INFORMATION
8.4NON-ENDORSEMENT AND PUBLICITY
8.5OWNERSHIP/RIGHTS IN DATA
8.6PROTECTION OF CONFIDENTIAL AND PERSONAL INFORMATION
9GENERAL PROVISIONS
9.1GOVERNING LAW/VENUE
9.2SEVERABILITY
9.3SURVIVORSHIP
9.4INDEPENDENT STATUS OF CONTRACTOR
9.5GIFTS AND GRATUITIES
9.6IMMUNITY AND HOLD HARMLESS
9.7PERSONAL LIABILITY
9.8INSURANCE
9.9INDUSTRIAL INSURANCE COVERAGE
9.10NONDISCRIMINATION
9.11OSHA AND WISHA REQUIREMENTS
9.12ANTITRUST
9.13WAIVER
10DISPUTES AND REMEDIES
10.1PROBLEM RESOLUTION AND DISPUTES
10.2ADMINISTRATIVE SUSPENSION
10.3FORCE MAJEURE
10.4ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS
10.5NON-EXCLUSIVE REMEDIES
10.6LIMITATION OF LIABILITY
10.7FEDERAL FUNDING
10.8FEDERAL RESTRICTIONS ON LOBBYING
10.9FEDERAL DEBARMENT AND SUSPENSION
11CONTRACT TERMINATION
11.1MATERIAL BREACH
11.2OPPORTUNITY TO CURE:
11.3TERMINATION FOR CAUSE
11.4TERMINATION FOR CONVENIENCE
11.5TERMINATION FOR WITHDRAWAL OF AUTHORITY
11.6TERMINATION FOR NON-ALLOCATION OF FUNDS
11.7TERMINATION FOR CONFLICT OF INTEREST
11.8TERMINATION BY MUTUAL AGREEMENT
11.9TERMINATION PROCEDURE
12CONTRACT EXECUTION
12.1PARTIES
12.2ENTIRE AGREEMENT
12.3ORDER OF PRECEDENCE, INCORPORATED DOCUMENTS, CONFLICT AND CONFORMITY
12.4LEGAL NOTICES
12.5LIENS, CLAIMS AND ENCUMBRANCES
12.6AUTHORITY TO BIND
12.7COUNTERPARTS
APPENDIX A - PROTEST PROCEDURE
APPENDIX B - STANDARD DEFINITIONS
APPENDIX C - BIDDER PROFILE
APPENDIX D - TECHNICAL REQUIREMENTS & SPECIFICATIONS
APPENDIX E - PRICE WORKSHEET
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Invitation for Bid #02909 Robots, Hazardous Duty and Accessories
1SOLICITATION OVERVIEW
1.1ACQUISITION AUTHORITY
The Washington State Department of General Administration (GA) issues this Invitation for Bid (IFB) acting under the authority of its enabling legislation Revised Code of Washington (RCW) 43.19which establishes GA and regulates the manner in which state agencies may acquire general goods and services.
1.2STANDARD DEFINITIONS
See Appendix B Standard Definitions
1.3CONTRACT FORMATION
A Bid submitted in response to the Solicitation is an offer to contract with the Purchasing Activity. A Bid becomes a contract only when legally awarded and accepted in writing by the Purchasing Activity.
1.4MODEL CONTRACT
A Model Contract has been included as Part II. In addition to the BIDDER’S AUTHORIZED OFFER, bidders must also sign and return the Contract document with their Response, without modification or contingency. Any modifications or contingencies submitted by the Bidder will not be accepted. The Purchasing Activity, at its sole discretion, reserves the right to negotiate improvements to the lowest Responsive, Responsible Bidder’s Response.
To be Responsive, Bidders must indicate a willingness to enter into a Contract substantially the same as the Contract in Part IIby signing the BIDDER’S AUTHORIZED OFFER. Any specific areas of dispute with the attached terms and conditions must be identified in the Response and may, at the sole discretion of the Purchasing Activity, be grounds for disqualification from further consideration in the award of a Contract.
Under no circumstances is a Bidder to submit their own standard contract terms and conditions as a Response to this solicitation. Instead, Bidder must review and identify the language in Part IIthat Bidder finds problematic, state the issue, and propose the language or contract modification Bidder is requesting. All of Bidder’s exceptions to the contract terms and conditions in the Contract must be submitted within the Response, attached to the BIDDER’S AUTHORIZED OFFER. The Purchasing Activity expects the final Contract signed by the Successful Bidder to be substantially the same as the contract located in Part II.
The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during negotiation of the final Contract.
The Successful Bidder will be expected to execute the Contract within ten (10) Business Days of its receipt of the final Contract. If the selected Bidder fails to sign the Contract within the allotted ten (10) Business Days time frame, the Purchasing Activity may consider the Successful Bidder to be non-responsive and elect to cancel the award , and award the Contract to the next ranked Bidder, or cancel or reissue this solicitation (seeSubsection 1.7, Right to Cancel). Bidder’s submission of a Response to this solicitation constitutes acceptance of these contract requirements.
1.5SOLICITATION AMENDMENTS
Prior to submittal due date and time, the Purchasing Activity reserves the right to change portions of this IFB. Any changes or corrections will be by one or more written amendment(s), dated, attached to or incorporated in and made a part of this solicitation document. All changes must be authorized and issued in writing by the Procurement Coordinator. If there is any conflict between amendments, or between an amendment and the IFB, whichever document was issued last in time shall be controlling.Only Bidders who have properly registered and downloaded the original solicitation directly via Department of General Administration’s Washington Electronic Business Solution (WEBS)system will receive notification of amendments and other correspondence pertinent to the procurement.
1.6INCORPORATION OF DOCUMENTS INTO CONTRACT
This Solicitation document, any subsequent Amendments and the Bidder’s Response will be incorporated into the resulting Contract.
1.7RIGHT TO CANCEL
The Purchasing Activity reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.
1.8NON-ENDORSEMENT AND PUBLICITY
In selecting a Bidder to supply Robots, Hazardous Duty and Accessories(Homeland Security) to the state of Washington Purchasers, neither the Purchasing Activity nor the Purchasers are endorsing the Bidder’s Products or Services, nor suggesting that they are the best or only solution to their needs. See also section 8.4 NON-ENDORSEMENT AND PUBLICITY of the Model Contract.
1.9IN-STATE PREFERENCE/RECIPROCITY
Pursuant to RCW 43.19.700, RCW 43.19.702, RCW 43.19.704 and WAC 236-48-085, the Department of General Administration has established a schedule of percentage increases to be added to Bids from Bidders in states that grant a preference to Contractors located in their state or for goods manufactured in their state. The percentages related to each respective state are provided in the Reciprocity List located at and apply only to Bids received from those states listed.
The appropriate percentage will be added to each Bid bearing the address from a state with in-state preferences rather than subtracting a like amount from Washington State Bidders.
This action will be used only for analysis and award purposes. In no instances shall the increase be paid to a Bidder whose Bid is accepted and awarded a Contract.
1.10MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES (MWBE)
In accordance with the legislative findings and policies set forth in RCW 39.19, the State of Washington encourages participation in all of its Contracts by Minority and Woman Owned Business Enterprise (MWBE) firms either self-identified or certified by the Office of Minority and Women’s Business Enterprises (OMWBE). While the state does not give preferential treatment, it does seek equitable representation from the minority and women’s business community.
Participation may be either on a direct basis in response to this Solicitation or as a Subcontractor to a Contractor. However, unless required by federal statutes, regulations, grants, or Contract terms referenced in the original Solicitation, no preference will be included in the evaluation of Bids, no minimum level of MWBE participation shall be required as condition for receiving an award, and Bids will not be evaluated, rejected or considered non-responsive on that basis.
Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the original Solicitation will apply. Bidders may contact Office of Minority and Woman Owned Business Enterprise(OMWBE) to obtain information on certified firms for potential sub-contracting arrangements. Nothing in this section is intended to prevent or discourage Bidders from inviting others from participation from non MWBE firms as well as MWBE firms.
Bidders who are MWBE or intend to use MWBE Subcontractors are encouraged to identify the participating firm on Appendix C Bidder Profile. See also section 6.5MINORITY AND WOMEN’S BUSINESS ENTERPRISE (MWBE) PARTICIPATIONof the Model Contract.
2SUMMARY OF OPPORTUNITY
2.1BACKGROUND
The resulting contract of this IFB will replace current contract 03603 Robots, Hazardous Duty and Accessoriesas required to continue the federally funded “Homeland Security” project for the State of Washington. This contract will assist in supporting a standardized equipment program that facilitates interoperability and emergency response on a statewide basis.
The Military Department, located at Camp Murray, Washington, will initially be the primary contract user, and, for the most part, will facilitate the ordering/delivery of the products and quantities specified herein. However, other state entities and political subdivisions (cities, towns, fire and health departments, etc.) will be authorized to purchase direct from the contract as required and their purchase quantities could easily represent significant volume.
2.2PURPOSE
The purpose of this solicitation is to establish a term contract for the as needed purchase of Robots, Hazardous Duty and Accessoriesfor the Washington State Military Department.
2.3CONTRACT SCOPE
See section 1.1CONTRACT SCOPEof the Model Contract.
2.4PURCHASERS
See section 1.6PURCHASERSof the Model Contract.
2.5CONTRACT TERM
See section 1.5 CONTRACT TERM of the Model Contract.
2.6ESTIMATED USAGE
See section 1.4ESTIMATED USAGEof the Model Contract
2.7EXPECTED RESULT
Purchasing Activity seeks to acquire Robots, Hazardous Duty and Accessoriesthat best meet the State’s needs and offers best value.
2.8AWARD
The intent is to make a single award. However, the Purchasing Activity, at its sole discretion, may choose to make multiple awards (by item or groups of items). The Purchasing Activity reserves the right to award on an All or Nothing consolidated basis taking into consideration reduction in administrative costs as well as unit bid prices.
3TIMELINE
3.1PROCUREMENT SCHEDULE
The dates listed below represent the projected procurement schedule. The Purchasing Activity reserves the right to change the schedule. Notification of amendments to the procurement schedule prior to bid opening, will be sent electronically to all properly registered users of the Department of General Administration’s Washington Electronic Business Solution (WEBS) who downloaded this IFB from WEBS.
Changes to the Procurement Schedule after Bid Opening may be communicated to all bidders reflecting the change.
Projected Schedule of Events
Date / Time / EventMay 1, 2009 / Issue Solicitation document (Available for download from )
April 15, 2009 through
May 25, 2009 / Question and Answer Period
April 15 2009 through
May 25, 2009 / Amendment issued, if applicable (bidders should begin checking the website for any amendments)
June 15, 2009 / 2:00P.M. / Bids Due
June 2009 / Evaluation begins
June 2009 / Anticipated award date
NOTE: Bid information, including price sheets, will not be available for public disclosure until after award of the contract consistent with RCW 43.19.1911(8). At bid due date and time, only the name of the Bidder and time of Bid receipt will be read aloud. After award, information regarding results of the solicitation may be obtained by contacting the Procurement Coordinator.