Invitation for Bid #00313 Street Lights & Poles The Washington State Department of Enterprise Services, Master Contracts and Consulting Unit (MCC), issues this Invitation for bid (IFB) under the authority of the Revised Code of Washington (RCW) 39.26 . The Department of Enterprise Services (DES) reserves the right to change portions of this IFB, including modifying 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. Posting date.........June 20, 2013 Question-and-answer period..Begins on June 20, 2013 and ends five business days prior to the date the bids are due, as the bid due date is stated below or hereafter changed by Amendment. See also “Complaint, Debrief and Protest” section below. Pre-bid conference………….. July 10, 2013, 11a.m., Washington State Department of Enterprise Services, 1500 Jefferson St. SE, Room 2331, Olympia, WA 98501 Bids are due.........July 25, 2013, 3 p.m. PDST Anticipated award date August 30, 2013 Procurement coordinator Nathan M. Hayes (360) 407-8236 [email protected]Deliver bids to......Washington State Department of Enterprise Services Master Contracts and Consulting (MCC) 1500 Jefferson St. SE P.O. Box 41411 Olympia, WA 98501 Attention: Bid Clerk, Master Contracts and Consulting Unit
Transcript
Invitation for Bid #00313Street Lights & PolesThe Washington State Department of Enterprise Services, Master Contracts and Consulting Unit (MCC), issues this Invitation for bid (IFB) under the authority of the Revised Code of Washington (RCW) 39.26. The Department of Enterprise Services (DES) reserves the right to change portions of this IFB, including modifying 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.
Question-and-answer period..Begins on June 20, 2013 and ends five business days prior to the date the bids are due, as the bid due date is stated below or hereafter changed by Amendment. See also “Complaint, Debrief and Protest” section below.
Pre-bid conference…………..July 10, 2013, 11a.m., Washington State Department of Enterprise Services, 1500 Jefferson St. SE, Room 2331, Olympia, WA 98501
Bids are due...........................July 25, 2013, 3 p.m. PDST
Anticipated award date..........August 30, 2013
Procurement coordinator.......Nathan M. Hayes(360) [email protected]
Deliver bids to........................Washington State Department of Enterprise ServicesMaster Contracts and Consulting (MCC)1500 Jefferson St. SEP.O. Box 41411Olympia, WA 98501
Attention: Bid Clerk, Master Contracts and 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 Name and address of bidder’s company
NOTE: Responses may not be transmitted using facsimile transmission.
1.1 Purpose of the IFB.............................................................................................................41.2 Purchasers.........................................................................................................................41.3 Contract term.....................................................................................................................41.4 Estimated usage................................................................................................................51.5 Material requirements........................................................................................................51.6 Delivery requirements .......................................................................................................51.7 Service expectation ...........................................................................................................6
2 IFB OVERVIEW 72.1 Announcement and special information.............................................................................72.2 Complaint, debrief, protest (general information)..............................................................72.3 Washington’s Electronic Business Solution (WEBS).........................................................72.4 Amendments......................................................................................................................82.5 Bidder communication responsibilities...............................................................................82.6 Bidder responsiveness......................................................................................................82.7 Pricing................................................................................................................................82.8 Contract management fee.................................................................................................92.9 Non-endorsement and publicity.......................................................................................102.10 No costs or charges.........................................................................................................10
3 PREPARATION OF BIDS 103.1 Pre-bid meeting................................................................................................................103.2 Bid submittals (checklist).................................................................................................103.3 Format..............................................................................................................................113.4 Electronic copies..............................................................................................................113.5 Due date and time...........................................................................................................123.6 Bid opening......................................................................................................................12
4 EVALUATION AND AWARD124.1 General provisions...........................................................................................................124.2 Determination of responsiveness....................................................................................144.3 Determination of responsibility.........................................................................................144.4 Technical specifications evaluation.................................................................................174.5 Selection of Apparent Successful Bidder.........................................................................174.6 Announcement of Apparent Successful Bidder...............................................................174.7 Award...............................................................................................................................174.8 Bid information availability...............................................................................................17
5 CONTRACT INFORMATION 185.1 Incorporated documents and order of precedence..........................................................185.2 Parties..............................................................................................................................185.3 Authority to bind...............................................................................................................185.4 Counterparts....................................................................................................................18
6 APPENDICES19
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Appendix A: Standard Terms and Conditions........................................................................20Appendix B: Price Worksheet.................................................................................................20Appendix C: Bidder Profile......................................................................................................20Appendix D: Special Terms & Conditions...............................................................................20Appendix E: Technical Specifications .…………………………………....................................20
Appendix F: Complaint, Debrief and Protest Procedures……………………………………....20
7 CERTIFICATIONS and ASSURANCES 228 BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGE 23
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1 SUMMARY OF OPPORTUNITY
1.1 Purpose of the IFB
The purpose of this IFB is to establish a mandatory statewide contract for highway poles (steel light standards and traffic signal standards) and roadway luminaires and lighting (high-pressure sodium (HPS) and light-emitting diode (LED) ). This IFB establishes the following five categories:
Category One: Steel Light Standards
Category Two: Traffic Signal Standards
Category Three: Roadway Luminaires – High Pressure Sodium (HPS)
Any contract(s) arising from this IFB (hereinafter referred to as the “contract”) will replace state of Washington master contracts numbered 03207 (Steel Light Standards and Components; Roadway Luminaires and Lighting) and 08209 (Traffic Signal Standards).
1.2 Purchasers
The contract will be for use by the Washington State Department of Transportation (WSDOT), all other Washington state agencies and all members of the Washington State Purchasing Cooperative (“Co-op”), including institutions of higher education, political subdivisions, and tribal entities, and any non-profit corporation with 501(c)3 tax exempt status receiving local, state or federal government funds, either directly or through a political subdivision (a “qualified non-profit corporation”). Should the Co-op hereafter cease to exist, the contract will be for use by Washington state agencies, Washington State institutions of higher education, political subdivisions within the state of Washington, tribal entities in the state of Washington, and qualified non-profit corporations organized and existing under the laws of the state of Washington.
The Contract will also be available for use by members of the Oregon Cooperative Purchasing Program (ORCPP).
While use of the contract by institutions of higher education, political subdivisions, tribal entities and qualified non-profit corporations is optional, DES encourages them to use this contract. 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 such entities.
The initial term of the contract is two years from award of the contract, with the option to extend for additional term(s) of two years or portions thereof. Extensions will be exercised at the sole discretion of DES upon written notice to the Contractor. The total contract term, including the initial term and all extensions, will not exceed eight years unless circumstances require a special extension. DES reserves the right to extend with all or some of the contractors.
1.4 Estimated Usage
Purchases over the initial two-year term of the contract could approximate $800,000.00. DES does not represent or guarantee any minimum purchase.
1.5 Material Requirements
The products, equipment, systems, parts and components to be delivered and serviced under this contract must conform to the applicable technical specifications set forth in Appendices B & E, embedded in the Appendices section below.
1.6 Delivery requirements For detailed order and delivery requirements, see Appendix D, embedded in the Appendices section below.
General Provisions Schedule and acknowledgement: Delivery of poles must be made within 60 calendar
days after receipt of order and delivery of lights must be made within 30 calendar days after receipt of order, unless a later date is noted on the order document. The contractor must submit an acknowledgment of the order within three 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, or as otherwise mutually agreed in writing between the purchaser and contractor at the time of order placement. The purchaser may refuse shipment when delivered after normal working hours.
Location and performance: All deliveries are to be made to the applicable delivery location as indicated in the order document. When applicable, the contractor must take all necessary actions to safeguard items during inclement weather. In no case may the contractor initiate performance prior to receipt of written or verbal authorization from authorized purchasers. Expenses incurred otherwise will be borne solely by the contractor.
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1.7 Service Expectation
Contractors will review the impact of this award and take the necessary steps to ensure adequate coverage and contract compliance. DES expects WSDOT to be designated as a preferred customer as a result of this contract. The contractor will assist purchasers in making cost effective purchases. This assistance should include, in part, suggesting alternate product and new methods, advance notification when the delivery lead time increases for typically used contract items, and economic order quantities.
Contractor is encouraged to contact participating state agencies, within the first 90 days of contract award and a minimum of annually thereafter, regarding service expectations. Issues which will be discussed are: invoicing/payment, future and past purchase requirements, surplus items, inventory condition, new products, delivery time frames, etc.
1.8 Specifications Compliance
Clarification for any item in the technical specifications set forth in this IFB, including all appendices, may be obtained from DES in writing. The equipment specifications are official state documents that carry far reaching ethical and legal implications. Therefore, after an award has been issued to a successful bidder, there shall be no deviations from any requirements stated in the published equipment specifications during the manufacturing or assembly process of the units offered, without prior approval and an official contract change notice has been issued by DES. Failure to comply with this requirement constitutes breach of contract; and may be grounds for order cancellation, without re-stocking fees or damages to purchaser.
2 IFB OVERVIEW
2.1 Announcement and Special Information
The IFB, 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 accepts all information contained within the IFB without modification.
NOTE: The Standard Terms & Conditions which is an appendix to this IFB, contains general provisions and terms for Solicitations issued by DES. Should a term within the Standard Terms & Conditions conflict with a term elsewhere in the IFB, the latter will prevail.
As of January 1, 2013, DES adopted revised procedures and processes regarding Complaints, Debrief Conferences and Protests. Vendors are strongly encouraged to
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review these new procedures and processes set forth in Appendix F, embedded in the Appendices section below.
2.3 Washington’s Electronic Business Solution (WEBS)
Bidders are solely responsible for:
Properly registering with Washington’s Electronic Business Solution (WEBS) at https://fortress.wa.gov/ga/webs/, and 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.
2.4 Amendments
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, the document issued last in time will be controlling. Only bidders who have properly registered and downloaded the original IFB directly via WEBS will receive notification of amendments and other correspondence pertinent to the procurement.
2.5 Bidder Communication Responsibilities
During the IFB process, all bidder communications concerning this IFB must be directed to the Procurement Coordinator. Unauthorized contact regarding this IFB with other state employees involved with the IFB may result in disqualification. All oral and written communications will be considered unofficial and non-binding on DES. Bidders should rely only on written amendments issued by the Procurement Coordinator and posted on WEBS.
Bidders are encouraged to make any inquiry as early in the process as possible to allow DES to consider and respond; however, no response is required from the Procurement Coordinator.
Additionally, if a bidder does not notify DES of an issue, exception, addition, or omission, DES may consider the matter waived by the bidder for protest purposes.
If bidder inquiries result in changes to the IFB, written amendments will be issued and posted on WEBS.
Bidders are to respond to each question/requirement contained in this IFB. Failure to comply with any applicable item may result in a bid being deemed non-responsive and disqualified.
DES reserves the right to determine the actual level of bidders’ compliance with the requirements specified in this IFB and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the competitive IFB, 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, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to bidders. (See WAC 200-300-015(18)).
2.7 Pricing
For additional requirement relating to pricing, see Appendix D embedded in the Appendices section below.
Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this IFB. Failure to identify all costs in a manner consistent with the instructions in this IFB is sufficient grounds for disqualification.
The proposed pricing levels should reflect the market provided by the contract resulting from this IFB.
The pricing structure for items in categories One through Four shall be a stated fixed price. Stated fixed prices shall remain firm and fixed for one year from date of award of the contract, except in the case of an item in Category Five being moved to category Four (see section L. of Appendix D: Special Terms and Conditions, entitled “Category Changes”), in which case the pricing will remain fixed and firm for one year from the date of the change of category.
For the items in category Five, the pricing structure shall be a stated percentage discount off the manufacturer’s most recently published (in the case of web sites) or printed (in the case of catalogues or price sheets) list prices for those items. Bidders shall provide in the Price Worksheet(s) of their bid submittal: a) the web address for manufacturer’s list prices that are listed on a web site, and the effective date of those prices, or b) an electronic copy of the catalogue or price sheet, and the effective dates of those prices. A Price Worksheet for each category is embedded as Appendix B in the Appendices section below. Manufacturers shall not change their published or posted price list for a period of 180 days from date of award of the contract. Thereafter, manufacturers may change their published or posted price list by submitting to DES the updated price list. Once a price list is changed, it will remain unchanged for a period of 180 days. However, although the manufacturer’s list prices may change during the term of this contract, the Contractor’s percentage discounts off those list prices shall remain unchanged through the life of the contract. After award, Contractors may offer greater discount levels than specified in the contract to meet a competitive price or in response to a volume purchase.
Contractor shall pay to DES a fee equal to 0.74% of the total invoice price, less any taxes, returns, credits or adjustments, of all sales (“total net sales”) under this contract (“Management Fee” or “fee”). Contractor shall hold the Management Fee in trust for DES until such fees are remitted to DES.
The Management Fee will be included in Contractor’s pricing, as set forth in the contract (including all amendments), and will not be included as a separate line item on any invoice submitted to a Purchaser.
DES may, at its sole discretion, increase, decrease, or eliminate the Management Fee upon thirty (30) days written notice to Contractor. Any decrease to or elimination of the Management Fee, shall be reflected in contract pricing commensurate with the adjustment. DES reserves the right to negotiate contract pricing with the Contractor when the Management Fee adjustment results in an increase to contract prices.
Contractor will provide DES with a Sales Report detailing Total Net Sales for the preceding quarter (“Sales Report”) according to the schedule listed below, in accordance with the Sales & Subcontractors Report section of the contract. DES will send an invoice each quarter, based on the Sales Report within thirty (30) days after receiving the Usage Report. Payment of the Management Fee is due within thirty (30) days of Contractor’s receipt of such invoice from DES.
The state reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced and all Management Fees have been paid. Failure to accurately report Total Net Sales, to submit a timely Sales Report, or remit timely payment of the Management Fee, may be cause for contract termination, the charging of interest or penalties, or the exercise of other remedies provided by law.
Management Fee payment must reference the Contract number, Work Request Number (if applicable) and the year and quarter for which the Management Fee is being remitted. All payments must be sent to:
Name: State of Washington, Dept. of Enterprise ServicesFinance Dept
Address: 1500 Jefferson StreetMail Stop 41460Olympia WA 98501
Schedule:Contractor will provide Management Fees and Usage Reports quarterly, per the following schedule:
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FOR ACTIVITY IN THESE MONTHS: FEES AND USAGE REPORTS DUEJanuary, February and March May 1st of same year
April, May and June August 1st of same yearJuly, August and September November 1st of same year
October, November and December February 1st of following calendar year
2.9 Non-endorsement and Publicity
In selecting a bidder to supply goods and purchased services specified herein to contract purchasers, neither DES nor the purchasers are endorsing the bidder’s goods and purchased services, nor suggesting they are the best or only solution to their needs.
2.10 No Costs or Charges
Costs or charges incurred before a contract is fully executed will be the sole responsibility of the bidder.
3 PREPARATION OF BIDS
3.1 Pre-Bid Meeting
An optional pre-bid meeting to address IFB requirements will be held at the time and location indicated on the cover page. While attendance is not mandatory, bidders are encouraged to attend and participate. The purpose of the pre-bid meeting is to clarify the IFB as needed and raise any issues or concerns, especially those of the vendor community. If interpretations, specifications, or other changes to the IFB are required as a result of the meeting, the Procurement Coordinator will post an amendment to WEBS.
Assistance for disabled, blind or hearing-impaired persons who wish to attend is available with prior arrangement by contacting the Procurement Coordinator identified on the cover page.
3.2 Bid Submittals (checklist)
The following checklist identifies the hard copy submittals which will comprise a bid. Any bid received without a hard copy items identified in this checklist and designated as REQUIRED will be rejected as being non-responsive. Please identify each page of the submittals, as well as any supplemental materials with your company name or other identifiable company mark.
Signature (REQUIRED): Complete as instructed and return a single signed original of the Authorized Offer and Contract Signature Page. DES prefers blue ink.
Price Worksheet (REQUIRED) for each category bid: Complete as instructed and return a copy of the appropriate portion(s) of the Price Worksheet Appendix for each category bid. Failure to complete this submittal as instructed may result in a bid being rejected for lack of responsiveness. Bidders may submit bid responses for any one or more categories; there is no requirement to bid on all categories, although:
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a) a bidder submitting a response to category One must complete each line item in that category;
b) a bidder submitting a response to category Two must complete each line item in that category;
c) a bidder submitting a response to category Three must complete each line item for any one or more subpart(s) in that category on which the bidder chooses to bid. There is no requirement to bid on all subparts of Category Three, but for any subpart bid, all line items corresponding to that subpart must be completed;
d) a bidder responding to category Four must complete each line item for any one or more subpart(s) in that category on which the bidder chooses to bid. There is no requirement to bid on all subparts of Category Four, but for any subpart bid, all line items corresponding to that subpart must be completed; and
e) bidders responding to category Five must complete any one or more type, part or accessory on which they choose and are authorized to bid.
Bidder Profile (REQUIRED): Complete as instructed and return a single copy of the Bidder Profile Appendix, including, if bidding in categories Four and/or Five, a copy of the warranty applicable to all items bid in categories Four and/or Five, in compliance with the warranty requirements of section I. of Appendix D: Special Terms & Conditions and section 3.19 of Appendix A: Standard Terms and Conditions.
IFB amendments (AS MAY BE FURTHER INSTRUCTED): If instructed to do so in any amendment to this IFB, sign and return a single copy. Failure to sign and return any amendment to this IFB, when instructed to do so, may result in a bid being rejected for lack of responsiveness. When in doubt, sign and return a copy of each IFB amendment.
3.3 Format
Bidders MUST provide one hard-copy sealed bid. Bids must be legible and completed in ink or with an electronic printer or other similar office equipment, and properly signed by an authorized representative of the bidder. All changes and/or erasures must be initialed in ink. Unsigned bids will be rejected on opening unless satisfactory evidence was submitted clearly establishing the bidder’s desire and intent to be bound by the bid, such as a signed cover letter. Incomplete or illegible bids may be rejected.
Note: In a joint effort to save costs, reduce waste and save energy, bidders are encouraged to use double-sided printing and recyclable materials. Bidders are highly encouraged to refrain from submitting bids in three-ring binders, spiral bindings or other non-recyclable presentation folders.
3.4 Electronic Copies
Please include electronic copies of all hard copy submittals on CD or USB flash drive. DES prefers the same file format(s) as the format(s) used to create the submittals (i.e. MS Word, Excel) unless written information is included as a part of the submittal, such as a
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signature. For submittals with written information or copies of other documents such as licenses, please submit as a pdf. Should a hard copy and an electronic copy conflict, the hard copy will prevail.
3.5 Due Date and Time
Bid packages must be received on or before the due date and time at the location specified on the cover page. Time of receipt will be determined by the official time stamp located at DES.
If a bid is late or received at a location other than that specified it will be rejected. In the event the official time clock is unavailable, the bid Clerk will establish the official time and take reasonable steps to ensure the integrity of the bid receipt is preserved.
3.6 Bid Opening
After the bid due date and time, the Bid Clerk will open and process sealed bids protecting the confidentiality of the contents. The names of the bidders will be recorded and made available upon request. Bid contents will not be available for public view until after the announcement of the Apparent Successful Bidder. (RCW 39.26.030 (2)).
4 EVALUATION AND AWARD
4.1 General Provisions
Bidder responsiveness, responsibility and price factors will be evaluated based on the evaluation process described in this section.
Contract award will be based on the evaluation and award criteria established herein and will be subject to consideration of all factors identified in RCW 39.26 and other criteria identified in the IFB.
Bidders whose bids are determined to be non-responsive will be rejected and will be notified of the reasons for rejection.
After bids have been submitted and prior to the announcement of the apparent successful bidder, DES may require individual bidders to appear at a time and place determined by DES to discuss contract requirements. Any such meeting should not be construed as negotiations or an indication of DES’s intention to award.
DES reserves the right to:
(1) waive any informality in the solicitation documents or process;
(2) contact any bidder for clarification of its bid;
(3) reject any or all bids, or portions thereof;
(4) accept any portion of the items bid unless the bidder stipulates all or nothing in their bid;
(5) cancel all or any portion of the IFB;
(6) request best and final offers from the lowest responsive and responsible bidder(s);
(7) award in the aggregate, or by category, segment or region, or any other divisible manner, when in the best interest of the state;
(8) award one or more contracts from this solicitation; and
(9) award to the lowest responsive and responsible bidder, taking into consideration:
(a) whether the bid satisfies the needs of the state as specified in the solicitation documents;
(b) whether the bid encourages diverse contractor participation;
(c) whether the bid provides competitive pricing, economies, and efficiencies;
(d) whether the bid considers human health and environmental impacts;
(e) whether the bid appropriately weighs cost and non-cost considerations; and
(f) life-cycle cost.
Preferences and Penalties: Preferences and penalties that are required by law, rule, or IFB will be applied to bid pricing. Some preferences and penalties may be added by contract language and could 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.
Discounts: Bidders are encouraged but not required to offer discounts for: a) prompt payment and b) volume purchases. Any discounts offered shall be a part of any resulting contract(s) arising out of this solicitation but will not be scored in the evaluation process.
a) Prompt Payment Discount : the discount, expressed in terms of a percentage, offered by a bidder for payments extending 30 days or more. Discounts offered for less than 30 days will not be considered.
b) Volume Discounts : the discount, expressed in terms of a percentage, offered by a bidder in categories Three, Four and Five for larger volume purchases (consisting of two separate quantity increments: 50-199 and 200+).
References: DES reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible. DES reserves the right to waive the reference check.
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4.2 Determination of Responsiveness
Bids will be reviewed initially on a pass/fail basis to determine compliance with administrative requirements as specified in section 3.2, 3.3 & 3.4 above.
DES reserves the right to determine at its sole discretion whether a bidder’s response to a minimum IFB requirement is sufficient to pass. However, if all bidders fail to meet any single IFB requirement, DES may reject all bids and cancel the IFB or waive the requirement from the IFB’s criteria for responsiveness.
Responsive bids will be further evaluated based on the requirements in this IFB. DES reserves the right to consider the actual level of bidder’s compliance with the requirements specified in this IFB, and to consider a bid responsive if it substantially complies with the state’s intent relative to overall bid requirements and specifications.
4.3 Determination of Responsibility
During evaluation, DES reserves the right to make reasonable inquiry to determine the responsibility of any bidder, including bidder’s performance on any state contract. Requests may include, but are not limited to, financial statements, credit ratings, references, record of past performance, clarification of bidder’s offer, and on-site inspection of bidder's or subcontractor's facilities. Failure to respond to these request(s) may result in a bid being rejected as non-responsive.
4.4 Price Evaluation
DES will evaluate prices from responsive bids as those prices are shown on each bidder’s Price Worksheet corresponding to the category bid:
Category One: Price Worksheet for Steel Light Standards
Category Two - Price Worksheet for Traffic Signal Standards
Category Three – Price Worksheet for HPS Luminaires
Category Four – Price Worksheet for LED Luminaires – Fixed Price
Category Five - Price Worksheet for LED Luminaires – Percentage Discount
Price Worksheets for each category are collectively marked Appendix B and are embedded in the Appendices section below.
4.4.1 Category One
As to Category One (Steel Light Standards), it is anticipated that a single award will be made. In this category, the Total Prices for each item listed (consisting of the unit price for each item weighted by its anticipated usage during the initial term of the contract) will be added together to arrive at a Total Cost for all items in the category. The bidder offering the lowest Total Cost for all items in the category will be determined to be the lowest bidder in Category One.
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4.4.2 Category Two
As to Category Two (Traffic Signal Standards), it is anticipated that a single award will be made. In this category, the Weighted Totals for each subpart (consisting of the summation of the unit prices multiplied by a weighting factor, in the case of subpart A, or the unit price for each item weighted by its anticipated usage, in the case of subparts B & C) will be added together to arrive at a Total Cost for all items in the category. The bidder offering the lowest Total Cost for all items in the category will be determined to be the lowest bidder in Category Two.
4.4.3 Category Three
As to Category Three (HPS Luminaires), is anticipated that multiple awards will be made, one per subpart. In this category, the Total Prices for each item listed (consisting of the unit price for each item weighted by its anticipated usage during the initial term of the contract) will be added together to arrive at a Total Cost of each subpart. The bidder offering the lowest Total Cost in each subpart will be determined to be the lowest bidder for that subpart in Category Three.
4.4.4 Category Four
As to Category Four (LED Luminaires – Fixed Price) it is anticipated that multiple awards will be made, one per manufacturer. Category Four identifies the following list of Manufacturers
LED Manufacturers – Category FourCree / BetaAmerican Electric Lighting Leotek Electronics
The Total Cost for each manufacturer will be calculated by adding together the unit prices for each item listed for that manufacturer. The bidder offering the lowest Total Cost for a manufacturer will be determined to be the lowest bidder for that manufacturer in Category Four.
4.4.5 Category Five
As to Category Five (LED Luminaires – Percentage Off List), it is anticipated that multiple awards will be made, one per manufacturer for each type, part or accessory.
Category Five identifies the following luminaire types, parts and accessories:
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Category Five also identifies the following list of Manufacturers:
LED Manufacturers – Category FiveCooper LightingAcuity Brands Lighting Inc. (American Electric Lighting & Holophane)Cree / BetaGE Lighting SolutionsDialightLeotek ElectronicsKing Luminaire Philips
Pricing submitted for any luminaire type, part or accessory (any one or more of lines 1-18 above, excluding any previously identified by make and model number in category Four) shall be stated in terms of a percentage discount off the manufacturer’s most currently published list prices for that luminaire type, part or accessory (also know as the “Base % Off List”). There is no requirement that bidders submit pricing for all luminaire types, parts or accessories.
For each luminaire type, part and accessory in Category Five, the bidder offering the greatest percentage discount off a manufacturer’s list price will be determined to be the lowest bidder for that manufacturer for that luminaire type, part or accessory.
4.5 Technical Specifications Evaluation
DES reserves the right to request that the Apparent Successful Bidder document that its product or service meets the technical specifications. Failure to fulfill this request within 10 business days of the request may be cause for rejection.
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LED Luminaire Types1 Pole/Arm Mounted - Decorative2 Pole/Arm Mounted - Area and Roadway3 Overhead Sign 4 Tunnel - Ceiling Mount 5 Tunnel - Wall Mount 6 Wall Mount / Wallpack7 Ceiling Mount / Underdeck 8 Highmast / High Bay9 Parking Garage / Canopy
LED Luminaire Parts and Accessories10 Dimming Control Modules (DCM)11 Transformer12 Drivers13 Photocontrol14 Control System Nodes 15 Fuses and Fuse Kits16 Gateway Control System17 Shorting Cap
Invitation for Bid #00313Street Light & Poles
4.6 Selection of Apparent Successful Bidder
A responsive and responsible bidder that meets all of the IFB requirements and has the lowest price evaluation total per category (in categories One and Two), subpart (for categories Three and Four), or type, part or accessory (in category Five), will be an Apparent Successful Bidder.
DES reserves the right to request additional information or perform tests and measurements as part of the evaluation process before award. Failure to provide requested information within 10 days may result in disqualification.
Before award, DES may negotiate with an Apparent Successful Bidder to determine if a bid can be improved.
Designation as an Apparent Successful Bidder does not imply that DES will issue an award to your firm. It merely suggests that at this moment in time, DES believes your bid to be responsive. This designation allows DES to perform a responsibility analysis and ask for additional documentation. DES may also re-examine the bid to determine whether the bid is truly as responsive as initially believed. The bidder must not construe this as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of this notification, it does so at its own risk and expense.
4.7 Announcement of Apparent Successful Bidder
DES shall announce the Apparent Successful Bidders by way of email to all bidders. Following the announcement, a bidder may request a debrief conference. See Appendix E– Complaint, Debrief and Protest Procedures.
4.8 Award
An award, in part or full, is made by DES signature on the signature page (Authorized Offer and Contract Signature Page). In some circumstances, DES may include an award letter which further defines the award and is included by reference to accompany the signature page.
Following the award, all bidders will receive a Notice of Award, usually through a WEBS notification.
4.9 Bid Information Availability
After the announcement of the Apparent Successful Bidder, a bidder may obtain results of the IFB evaluation and award by contacting the procurement coordinator.
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Invitation for Bid #00313Street Light & Poles
5 CONTRACT INFORMATION
5.1 Incorporated Documents and Order of Precedence
A bid submitted to this IFB is an offer to contract with DES.
A bid becomes a contract only when awarded and accepted by signature of DES and bidder on Bidder’s Authorized Offer and Contract Signature Page.
The documents listed below are, by this reference, incorporated into a contract resulting from this IFB as though fully set forth herein. No other statements or representations, written or oral, are a part of the contract.
a. The IFB
b. The awarded vendor/contractor’s bid
c. All appendices
d. IFB amendments (if any)
e. Award letter (if any)
In the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency will be resolved by giving precedence in the following order:
a. Applicable federal and state of Washington statutes and regulations
b. Mutually agreed written amendments to the resulting contract
c. The contract, including all documents incorporated in the subsection immediately above.
Conflict: To the extent possible, the terms of the contract must be read consistently.
Conformity: If any provision of the contract violates any Federal or state of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.
5.2 Parties
This contract is entered into by and between the state of Washington, acting by and through MCC and the awarded contractor with the parties more fully described in the Bidder’s Authorized Offer & Contract Signature Page..
5.3 Authority to Bind
The signatories to this contract represent that they have the authority to bind their respective organizations to this contract.
5.4 Counterparts
This contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate will be deemed an original copy of this contract signed by each party, for all purposes.
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6 APPENDICES
Reminder: By responding to this IFB, a bidder acknowledges reading, understanding, and accepting all information contained within the entire IFB without modification.
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Appendix A: Standard Terms and Conditions...................................................
Appendix D: Special Terms & Conditions…………………………..……………
Appendix E: Technical Specifications
Appendix F: Complaint, Debrief and Protest Procedures………………………
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7 CERTIFICATIONS and ASSURANCES
We make the following certifications and assurances as a required element of submitting this bid, 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.
1. We have read, understand, and agree to abide by all information contained in the IFB, all Appendices, and incorporated documents.
2. The prices in this bid have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other bidder 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 bid have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before contract award unless otherwise required by law. No attempt has been made or will be made by the bidder 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 bid.
3. The attached bid is a firm offer for a period of 90 days following the bid Due Date specified in the IFB, and it may be accepted by DES without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period. In the case of a protest, our bid will remain valid for 90 days or until the protest and any related court action is resolved, whichever is later.
4. In preparing this bid, 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 IFB, 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 bid. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)
5. We understand that the state will not reimburse us for any costs incurred in the preparation of this bid. All bids become the property of the state, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the bid. Submittal of the attached bid constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the IFB.
6. We understand that any contract awarded as a result of this bid will incorporate all IFB requirements. Submittal of a bid and execution of this Certifications and Assurances document certify our willingness to comply with the contract terms and conditions appearing in the IFB, all Appendices, and incorporated documents if selected as a contractor. It is further understood that our standard contract will not be allowed as a replacement for the terms and conditions appearing in the IFB, all appendices, and incorporated documents of this IFB.
7. 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 IFB.
8. We are not submitting any exceptions.
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8 BIDDER’S AUTHORIZED OFFER and CONTRACT SIGNATURE PAGE
In submitting this bid, the authorized signatory below acknowledges having read and understood the entire IFB and amendments incorporated prior to the bid due date, and agrees to comply with its terms and conditions, as written, including the Certifications and Assurances. The authorized signatory also agrees to fulfill the offer for categories made in this bid and any subsequently awarded contract.
In witness whereof, the parties hereto, having read this contract in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto.
This contract is effective as of the date of last signature immediately below.
FOR DES/MCC USE ONLY:This is an Award for (mark one or more, as applicable):
Category One: “Steel Light Standards”, per specifications and at fixed prices listed in Appendix B.
Category Two: “Traffic Signal Standards”, per specifications and at fixed prices listed in Appendix B.
Category Three: “Roadway Luminaires – High Pressure Sodium (HPS)”, per specifications and at fixed prices listed in Appendix B:
Subpart A: General Electric
Subpart B: Hubbell
Subpart C: Gardco Lighting
Subpart D: Holophane Sign Lights and Parts
Subpart E: Sun-Tech Photo Controller
Category Four: “Roadway Luminaires – Light Emitting Diode (LED) – Fixed Price”, per specifications and at fixed prices listed in Appendix B:
BETA/Cree Leotek American Electric
Category Five: “Roadway Luminaires – Light Emitting Diode (LED) – Percentage Discount”, per specifications and at the pricing listed in Appendix B.
The Award is identified/detailed or further identified/detailed in DES’ written Award Letter to the Apparent Successful Bidder dated ______________________ which award letter is incorporated herein by this reference.
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APPROVED (DES) APPROVED (BIDDER)Department of Enterprise ServicesMaster Contracts and Consulting1500 Jefferson Building1500 Jefferson Street SEOlympia, WA 98501Washington State Department of Enterprise Services Bidder’s Company Name & Address
Signature Date Signature Date
Nathan M. Hayes, Procurement Coordinator
Typed or Printed Name, Title Typed or Printed Name, Title
Manager Signature (if applicable) Date
Michael Maverick, Unit ManagerManager’s Typed or Printed Name, Title
Contact Information Contact InformationContact: Nathan M. Hayes
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