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Invitation for Bid (IFB) 08012 STEEL CULVERTSThe purpose of this IFB is to establish master contracts for steel culverts and associated parts. Contracts are awarded by Regions, which are defined elsewhere in the IFB.

The Washington State Department of Enterprise Services (DES) issues this IFB under the authority of the Revised Code of Washington (RCW) 43. 19 . 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. To request this information in alternative formats call (360) 902-7400.

Optional Pre-Bid Meeting...........November 1, 2012 at 2:00 PM1500 Jefferson Building1500 Jefferson St. SE, Room TBAOlympia, WADirections/Parking: http://www.ga.wa.gov/Visitor/direction-park.htm

Bids Are Due...............................November 21, 2012

DES contact................................David ScottPhone - 360-407-9424Email – [email protected]

Deliver Bids to............................Washington State Department of Enterprise Services (DES)1500 Jefferson Building1500 Jefferson St. SEOlympia, WA 98501

Attention: Bid Clerk, Master Contracts & Consulting Unit

IMPORTANT: Deliver Bids in a sealed package. The package should have the following information on the outside:

IFB Number Bid Due Date and Time DES contact’s Name Bidder’s Company Name & Address

Revision Date 7/15/2012

mailto:[email protected]

http://www.ga.wa.gov/Visitor/direction-park.htm

http://apps.leg.wa.gov/RCW/default.aspx?cite=43.19

Invitation for Bid 08012Steel Culverts

CONTENTS1 SUMMARY OF OPPORTUNITY 4

1.1 Purpose of the IFB......................................................................................................................41.2 purchasers..................................................................................................................................51.3 Contract Term............................................................................................................................61.4 Estimated Usage.........................................................................................................................61.5 Regions.......................................................................................................................................61.6 Service Expectations...................................................................................................................61.7 Order Fulfillment Requirements.................................................................................................71.8 Technical Specifications/Minimum requirements......................................................................8

2 IFB OVERVIEW 10

2.1 Acknowledgement...................................................................................................................102.2 Washington’s Electronic Business Solution (WEBS)..................................................................102.3 Amendments............................................................................................................................102.4 Bidder Communication Responsibilities...................................................................................102.5 Bidder Responsiveness.............................................................................................................102.6 Pricing.......................................................................................................................................112.7 Non-Endorsement & Publicity..................................................................................................112.8 No Costs or Charges.................................................................................................................112.9 No Best and Final Offer............................................................................................................112.10 Miscellaneous Expenses...........................................................................................................112.11 Economic and Environmental Goals.........................................................................................11

3 PREPARATION OF BIDS 12

3.1 Pre-bid Meeting.......................................................................................................................123.2 Bid Submittals (Checklist).........................................................................................................123.3 Format......................................................................................................................................133.4 Electronic Copies......................................................................................................................133.5 Due Date and Time...................................................................................................................133.6 Bid Opening..............................................................................................................................13

4 EVALUATION AND AWARD 13

4.1 General Provisions....................................................................................................................134.2 Determination of Responsiveness............................................................................................144.3 Evaluation.................................................................................................................................144.4 Selection of Apparent Successful Bidder..................................................................................154.5 Intent to Award........................................................................................................................154.6 Award.......................................................................................................................................154.7 Bid Information Availability after Award..................................................................................16

5 CONTRACT FORMATION 16

5.1 The Contract.............................................................................................................................165.2 Parties......................................................................................................................................165.3 Authority to Bind......................................................................................................................16

Washington State Department of Enterprise Services of 20


5.4 Counterparts............................................................................................................................165.5 Changes....................................................................................................................................175.6 Price Adjustments....................................................................................................................17

5.6.1 Firm and Fixed Period.........................................................................................................................175.6.2 Price Protection..................................................................................................................................175.6.3 Price Increases....................................................................................................................................175.6.4 Contract Extensions and Price Adjustments........................................................................................17

APPENDICES 18

Competitive Procurement Standards....................................................................................................18Price Sheet............................................................................................................................................18Bidder Profile........................................................................................................................................18

CERTIFICATIONS & ASSURANCES 19

AUTHORIZED OFFER & CONTRACT SIGNATURE PAGE 20



1 SUMMARY OF OPPORTUNITY

1.1 PURPOSE OF THE IFBThe purpose of this IFB is to establish Regional Master Contracts for steel culverts and associated parts. The primary user of the contract is the Department of Natural Resources (DNR) for use in their six regions as shown below.

Oregon is included as a seventh “region” in the Price Sheet.

Non-DNR Purchasers - For the most part, the DNR region boundaries follow county lines. However, this is not true for all counties. To avoid confusion for non-DNR Purchasers only, entire counties have been assigned to one DNR region even though the county may include more than one DNR region. The DNR boundaries in the five areas in red in the map above indicate where DNR region boundaries do not coincide with county boundaries. A list of counties in each region is provided in Section 1.5 Regions. The following map defines which counties are included in which DNR region.



Non-DNR Region Definition Map

When a Purchaser desires to buy a specific type and size of culvert, they will issue a Purchase Order against the appropriate Regional Master Contract. The delivery location defines which Regional Master Contract to use.

1.2 PURCHASERS

The Contract will be 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). The participation by the state of Oregon and it cooperative members is not mandatory and is bound by the rules of Oregon and its cooperative. DES makes no claim whether or not this contract meets the test for Oregon participation. Questions regarding participation by the state of Oregon and its cooperative should be directed to the state of Oregon: DAS State Procurement Office, [email protected].

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: https://fortress.wa.gov/ga/apps/coop/Default.aspx


Olymp

Northw

Pacific Cascade

South Puget

Southeast

Northeast

DNR Region

https://fortress.wa.gov/ga/apps/coop/Default.aspx

mailto:[email protected]


Oregon:http://www.oregon.gov/DAS/EGS/PS/docs/orcpp/ORCPP%20Member%20List/orcpp-member-list.html

1.3 CONTRACT TERM

The initial term of the Contract will be one year from date the date the Contract becomes effective with the option to extend for additional term(s) 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 six years unless circumstances require a special extension. DES reserves the right to extend with some or all of the Contractors.

1.4 ESTIMATED USAGE

Purchases over the initial term of the statewide Contract(s) could approximate $200,000. 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.

1.5 REGIONS

Below is a list of DNR regions and the counties included in the DNR regions for non-DNR Purchasers. Oregon is included as a seventh region in the Price Sheet.

1.6 SERVICE EXPECTATIONS

Upon Award, the state expects the successful Bidder to:

a) Review the impact of this Award and take the necessary steps to ensure adequate coverage and Contract compliance.

b) Assist Purchasers in making the most cost effective purchases offering the greatest value.

c) At the request of the Purchaser, provide site visits (by a qualified representative) at a mutually agreed date and time to assist defining the most appropriate product.

d) Solicit from the Purchaser the expected usage of the equipment.

e) Promote and market the use of this Contract to all eligible Contract Purchasers.


DNR Regions Counties Assigned to DNR Regions for non-DNR PurchasersOlympic Clallam, Jefferson, Mason, Kitsap, Grays Harbor Pacific Cascade Pacific, Lewis, Skamania, Clark, Cowlitz, WahkiakumNorthwest Whatcom, Skagit, Snohomish, South Puget Sound King, PierceNortheast Okanogan, Ferry, Stevens, Pend Oreille, Southeast Chelan, Douglass, Grant, Lincoln, Spokane, Kittitas, Adams,

Whitman, Yakima, Benton, Franklin, Walla Walla, Columbia, Garfield, Asotin, Klickitat

Not Serviced San Juan – Not part of this contract as Bid.

http://www.oregon.gov/DAS/EGS/PS/docs/orcpp/ORCPP%20Member%20List/orcpp-member-list.html

http://www.oregon.gov/DAS/EGS/PS/docs/orcpp/ORCPP%20Member%20List/orcpp-member-list.html


f) Provide electronic notification to DES of upcoming manufacturer sponsored events related to new technology, product introductions, training seminars, mobile product demonstrations, etc.

g) Take necessary action to ensure that authorized Purchasers will always receive Contract pricing that conforms to the Contract terms.

h) Upon request, provide Purchasers with price verification documentation to include the manufacturer’s price schedule, which correlates to the date of the order.

1.7 ORDER FULFILLMENT REQUIREMENTS

Contract Purchasers may place orders against this Contract either in person, electronically, fax, or by phone. The following will apply for all issued orders:

a) Freight is included in the price except as noted in b) below. No COD deliveries allowed.

b) There will be no minimum order requirements. However, for total orders under $5,000.00, freight may be prepaid and added to the invoice.

c) The Contractor will make every effort to ensure the expeditious delivery of all Contract orders. A pattern of prolonged delivery delays may be cause for Contract termination.

d) The Contractor will provide a “Customer Service” representative who will be responsible for resolving Contract performance issues (including, but are not limited to, order fulfillment delays, receipt of damaged goods, product returns, etc.)

e) Unless special delivery requirements have been pre-arranged and communicated, deliveries are to be off-loaded at Purchaser’s receiving dock or designated job site during the normal work hours (Monday through Friday from 8 AM to 5 PM). The Contractor is responsible for coordinating with Purchasers and carrier(s) the delivery schedule, shipping instructions and location delivery details. If it is determined that order fulfillment could potentially exceed the typical order fulfillment lead-time, then the Contractor will advise the Purchaser within 24 hours following receipt of the order. In such cases, the state reserves the right to purchase elsewhere (without being liable for cancellation/restocking fees) should the anticipated delivery lead-time adversely affect project scheduling.

f) Product damaged due to Contractor negligence will be replaced (and expedited) at Contractor’s expense or, if the Purchaser prefers, be noted on the receiving report and deducted from final payment. Additionally, the Contractor responsibility includes; shipping costs, and arrangements for a pickup to insure freight charge billing to Contractor for defective returns.

g) Should an order include a specialty item(s), the Contractor’s or manufacturer’s restocking fees concerning the specialty item(s) will be communicated and approved by Purchaser upon receipt of the purchase order. A specialty item



means the item is not pre-existing, is of unique fabrication, and it is not likely to be purchased by anyone other than the customer placing the order.

All costs for packaging/containers will be borne by the Contractor. All products will conform to the provisions set forth in the federal, county, state and city laws for their product, including handling, processing and labeling. Packaging must ensure safe transportation to point of delivery. The Contractor is responsible to verify delivery conditions/requirements prior to the delivery.

1.8 TECHNICAL SPECIFICATIONS/MINIMUM REQUIREMENTS

Culverts

Corrugated Metal Pipe (CMP) will meet the requirements of AASHTO M 36-03 Corrugated Steel Pipe, Metallic-Coated, for Sewers and Drains except as modified by these specifications. The term “corrugated metal pipe” as used in this contract includes both Type I and Type II pipe.

Round CMP will be AASHTO M 36-03 Type I pipe.

Pipe-Arch CMP will be AASHTO M 36-03 Type II pipe.

Corrugated metal pipe will have helical corrugations with annular rerolled ends.

Aluminum coated steel used in the fabrication of pipes and bands will meet the requirements of AASHTO M 274-87, Aluminum-coated Type 2 Steel.

Zinc coated (galvanized) steel used in the fabrication of pipes and bands will meet the requirements of AASHTO M 218-03 Steel Sheet, Zinc-Coated (Galvanized), for Corrugated Steel Pipe.

Damaged coating, all cut ends, lifting lug welds and bevel cuts will be treated according to AASHTO M36-03, Section 11, REPAIR OF DAMAGED COATINGS.

Corrugated metal pipe will have a minimum of 12 inches of annular corrugations on each end of the pipe.

Round CMP will be available in single piece lengths up to 40 feet. Pipe-Arch CMP will be available in single piece lengths up to 20 feet.

All culverts will have the length identified with paint on the inside of the culvert, on at least one end. Paint pen or spray paint is acceptable.

Cut bevel ends will form a smooth and continuous curve to the dimensions specified by the purchaser at the time of order. See Bevel Cut Pay Detail below for details.

Lifting Lugs

Lifting lugs capable of supporting the weight of the pipe will be installed according to the embedded lifting lug detail shown below. Drilling through the culvert and installing eye-bolts will not be accepted.



Lifting lugs will be welded to the pipe, and the welds treated according to AASHTO M36-03, Section 11, REPAIR OF DAMAGED COATINGS.

Bands

Bands for CMP will meet the requirements of AASHTO M 36-03 Corrugated Steel Pipe, Metallic-Coated, for Sewers and Drains except as modified by these specifications.

Bands for all CMP will be corrugated bands with annular corrugations that match the size and shape of the annular rerolled ends of the pipe sections being joined.

Hardware will be included with all bands.

Bands will be composed of no more than 3 pieces bolted together.

12 inch wide culvert bands will have a minimum of 3 bolts at each connection.

24 inch wide culvert bands will have a minimum of 5 bolts at each connection.

See Band and Gasket Pay Detail below for a description of the bid items.

Hardware

Steel bolts and nuts will meet the requirements of ASTM A 307 and will be galvanized in accordance with AASHTO M 232.

Culvert band bolts will be a minimum of 8" in length with full length threads and square shoulders.

All nuts will be flanged type.

Gaskets

Rubber gaskets will be continuous closed cell, synthetic expanded rubber gaskets conforming to the requirements of ASTM D 1056.

Shipping

Culverts are not to be nested for shipping.

Offloading of delivered culverts will be provided by Purchaser.

Culvert Supplier will give 48 hours advance notice of delivery to Purchaser.



2 IFB OVERVIEW

2.1 ACKNOWLEDGEMENT

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

2.2 WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS)

Bidders are solely responsible for:

Properly registering with Washington’s Electronic Business Solution (WEBS) at http://www.ga.wa.gov/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 the IFB ensures notification of all subsequent Amendments to the IFB.

2.3 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.

2.4 BIDDER COMMUNICATION RESPONSIBILITIES

During the IFB process, all Bidder communications concerning this IFB must be directed to the DES. Unauthorized contact regarding this IFB with other state employees involved with the IFB may result in disqualification. All oral communications will be considered unofficial and non-binding on DES. Bidders should rely only on written Amendments issued by the DES.

Bidders are responsible for communicating inquiries concerning the IFB to the DES as soon as possible.

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.

2.5 BIDDER RESPONSIVENESS

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.


http://www.ga.wa.gov/webs


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)).

2.6 PRICING

Pricing instructions are provided on the Price Sheet submittal. Failure to address each line item on a specific spreadsheet tab in the Price Sheet submittal will result in the Bid for that region being rejected as non-responsive for that region. Prices must include all cost components needed for the delivery of the goods to the site and/or services as described in this IFB.

The proposed pricing levels should reflect the market provided by the Contract resulting from this IFB.

2.7 NON-ENDORSEMENT & 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 that they are the best or only solution to their needs.

2.8 NO COSTS OR CHARGES

Costs or charges under the proposed Contract incurred before a Contract is fully executed will be the sole responsibility of the Bidder.

2.9 NO BEST AND FINAL OFFER

DES reserves the right to make an Award without further discussion of the Bid submitted; i.e., there will be no best and final offer request. Therefore, the Bid should be submitted on the most favorable terms that a Bidder intends to offer.

2.10 MISCELLANEOUS EXPENSES

Expenses related to day-to-day performance under any Contract, including but not limited to, travel, lodging, meals, incidentals will not be reimbursed to the Bidder. However, DES recognizes that there may be occasions when the Bidder will be required by the Purchaser to travel. In such case the Purchaser must provide written pre-approval of such expenses on a case-by-case basis. Any such reimbursement will be at rates not to exceed the guidelines for state employees published by the Washington State Office of Financial Management set forth in the Washington State Administrative and Accounting Manual, and not to exceed expenses actually incurred.

2.11 ECONOMIC AND ENVIRONMENTAL GOALS

In support of the state’s economic and environmental goals, although not an Award factor (unless otherwise specified herein), Bidders are encouraged to consider the following in responding to this IFB:


http://www.ofm.wa.gov/policy/default.asp

http://www.ofm.wa.gov/policy/default.asp

http://apps.leg.wa.gov/wac/default.aspx?cite=200-300-015


Support for a diverse supplier pool, including small, Minority and Women-Owned Business Enterprises (MWBE). Voluntary numerical WBE goal of 3% and MBE goal of 3% have been established for this IFB. Achievement of these goals is encouraged whether directly or through Subcontractors. Bidders may contact the Office of Minority and Women’s Business Enterprise to obtain information on certified firms or to become certified.

Use of environmentally preferable goods and services to include post consumer waste and recycled content.

Products made or grown in Washington.

3 PREPARATION OF BIDS

3.1 PRE-BID MEETING

A optional pre-bid meeting to address IFB requirements will be held at the time and location indicated on the cover page. 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, DES will post an Amendment through WEBS.

Assistance for disabled, blind or hearing-impaired persons who wish to attend is available with prior arrangement by contacting the DES identified on the cover page.

3.2 BID SUBMITTALS (CHECKLIST)

The following checklist identifies the submittals which will comprise a Bid. Any Bid received without a REQUIRED submittal 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, print, sign and return the Authorized Offer & Contract Signature Page as instructed. DES prefers blue ink.

Price Sheet (REQUIRED): Complete for any or all of the seven Regions being Bid. Print, and return a copy of the Price Sheet as instructed. Failure to address each line item on a Region tab as instructed will result in the rejection of that Region’s bid for lack of responsiveness. Only the page titled “PRICING SUBMITTAL for STEEL CULVERTS” is required. The balance of each spreadsheet is informational only.

Bidder Profile (REQUESTED): Complete and return a copy of the Bidder Profile as instructed. The Contractor’s Bidder Profile must be received before DES awards the Contract to this Contractor.


http://www.omwbe.wa.gov/


3.3 FORMAT

Hard copy 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 will 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.

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 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 Contract has been awarded (RCW 43.19.1911(8)).

4 EVALUATION AND AWARD

4.1 GENERAL PROVISIONS

a) 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 43.19.1911, WAC 200-300, and other criteria identified in the IFB.

b) Bidders whose Bids are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

c) To aid in the evaluation process, after the Bid due date and time, DES may require individual Bidders to appear at a date, time and place determined by DES for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature of Contractual requirements. In no manner will such action be construed as negotiations or an indication of DES’s intention to Award.


http://apps.leg.wa.gov/wac/default.aspx?cite=200-300

http://apps.leg.wa.gov/RCW/default.aspx?cite=43.19.1911

http://apps.leg.wa.gov/RCW/default.aspx?cite=43.19.1911


d) DES reserves the right to: (1) Waive any informality; (2) Reject any or all Bids, or portions thereof; (3) Accept any portion of the items Bid unless the Bidder stipulates all or nothing in their Bid; (4) Cancel an IFB and re-solicit Bids; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that Bid can be improved for the Purchaser; (6) Award on an all or none consolidated basis taking into consideration ”lifecycle costs”; and (7) Award in aggregate when in the best interest of the state.

e) 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 purposes.

f) Responsibility: During evaluation, DES reserves the right to make reasonable inquiry to determine the responsibility of any Bidder. 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 Bidder's Subcontractor's facilities. Failure to respond to said request(s) may result in a Bid being rejected as non-responsive.

g) 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 response may be an adequate reason for rejecting a Bidder as non-responsible and unable to suit the needs of the state. DES reserves the right to waive the reference check. Bidders deemed non-responsible may be rejected.

4.2 DETERMINATION OF RESPONSIVENESS

Bids will be reviewed initially on a pass/fail basis to determine compliance with administrative requirements as specified herein.

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 requirements for responsiveness.

Passing Bids will be further evaluated based on the requirements in this IFB. Failed Bids will be rejected without further consideration.

4.3 EVALUATION

The evaluation is based on the Price Sheet submittal located in the Appendix of this IFB.

The lowest calculated value, by region tab, from the Price Sheet cell named “Price Sheet Total,” subject to preferences and penalties required by law, determines the Regional winner.



Spending at the Department of Natural Resources during 2011 determined the Weighting factors.

Bid each Region separately using the tabs at the bottom of the Price Sheet.

To assist the Bidder, to the right of the pricing is a chart that shows the result per foot of the Bid price for various diameters of pipe and associated parts.

To assist the Bidder, the first tab in the each embedded Price Sheet is an EXAMPLE tab showing expected pricing within about 10% to 20%.

All green cells in the spreadsheet for a bid Region must be filled in or the Bid for that Region will be non-responsive.

It is not necessary to Bid all Regions.

A Bidder may Bid and be awarded multiple Regions.

4.4 SELECTION OF APPARENT SUCCESSFUL BIDDER

The responsive and responsible Bidder who meets all of the IFB requirements and receives the lowest evaluation point total for a Region will be the Apparent Successful Bidder for that Region. Prior to the 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 this 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 is also at liberty to re-review and determine whether the bid is truly responsive as initially believed. The Bidder must not construe this as an Award, impending Award, attempt to negotiate, etc. If you act or fail to act in reliance of this notification, you do so at your own risk and expense.

4.5 INTENT TO AWARD

At its sole discretion, DES may elect to notify all Bidders of its intent to award to the Apparent Successful Bidder by Region through an Intent to Award notification prior to the actual Award. This notification is usually communicated by a means outside of the WEBS notification system.

Should DES elect to notify all Bidders of the Apparent Successful Bidder prior to the Award, it may proceed with the Award no sooner than five business days following the Intent to Award notification (for protest purposes).

DES reserves the right to proceed with the Award without communicating its Intent to Award.

4.6 AWARD

An Award Letter, that further defines the Contract, is included by reference to this Contract.

DES reserves the right to Award on an All or Nothing consolidated basis.



Following the Award, all Bidders will receive a Notice of Award, usually through a WEBS notification.

4.7 BID INFORMATION AVAILABILITY AFTER AWARD

After the Contract has been awarded, information regarding results of the IFB may be obtained by accessing http://www.ga.wa.gov/ and/or contacting DES. Bidders may also schedule an appointment to review the bidding process.

5 CONTRACT FORMATION

5.1 THE CONTRACT

A Bid submitted to this IFB is an offer to Contract with DES.

A Bid becomes a Contract only when DES countersigns, dates, lists the Region(s) covered by the Contract on the Authorized Offer & Contract Signature Page, and delivers notice or a signed copy of this result to the Apparent Successful Bidder.

The documents listed below, shown in order of precedence, are incorporated into the Contract(s) 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. Applicable Federal and state of Washington statues and regulations

b. Contract Amendments

c. Award Letter

d. The awarded portions of the Vendor/Contractor’s Bid as stated in the signed, Authorized Offer and Signature Page.

e. IFB Amendments

f. All the IFB

5.2 PARTIES

This Contract is entered into by and between the state of Washington, acting by and through DES, and the awarded Contractor. The parties are more fully described in the Authorized Offer and Contract Signature Page below.

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.


http://www.ga.wa.gov/


5.5 CHANGES

DES reserves the right to modify the resulting Contract (including but not limited to adding or deleting products) by mutual agreement between DES and the Contractor. Alterations to any of the terms, conditions, or requirements of this Contract will only be effective upon written issuance of a mutually-agreed Contract Amendment by DES. However, changes to point of contact information may be updated without the issuance of a mutually-agreed Contract Amendment.

5.6 PRICE ADJUSTMENTS

5.6.1 Firm and Fixed Period

The Bid Pricing will remain firm and fixed until the end of the next full quarter after the effective date of the Contract.

5.6.2 Price Protection

The Contract prices are the maximum prices the Contractor may charge.

If lower pricing for similar quantities becomes effective for the Contractor, Purchasers must be given immediate benefit of such lower pricing. The Contractor may also offer volume and promotional discounts.

Contractor agrees all the prices, terms, warranties, and benefits provided in this Contract are comparable to or better than the terms presently offered by the Contractor to any other governmental entity purchasing similar quantities under similar terms. If, during the term of this Contract, the Contractor enters into Contracts with other governmental entities providing greater benefits or more favorable terms than those provided by this Contract, the Contractor is obligated to provide the same to Purchasers for subsequent purchases. DES will be notified of changes in Contract pricing.

5.6.3 Price Increases

The Contractor may propose price increases by written notice to DES. Price increases are to be on a pass-through basis only. The Price increase will not produce a higher profit margin for the Contractor than that established by original Contract pricing. Requests for price increase must include supporting documentation such as price increases at the Manufacturer's level and/or other documentation of cost increases.

DES will review the submitted supporting documentation and other available data, such as the Bureau of Labor Statistics website. Consideration of price increases will be at the sole discretion of the DES.

5.6.4 Contract Extensions and Price Adjustments

Contractors may not make Contract extensions contingent on price adjustments.



APPENDICES

Reminder: By responding to this IFB, a Bidder acknowledges reading, understanding, and accepting all information contained within the entire IFB without modification.

Competitive Procurement Standards............................................................................

Price Sheet.....................................................................................................................

Bidder Profile.................................................................................................................



CERTIFICATIONS & 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.



AUTHORIZED OFFER & CONTRACT SIGNATURE PAGE

In submitting this Bid, the Authorized Signatory below acknowledges having read and understood the entire IFB and agrees to comply with its terms and conditions including the Certifications and Assurances. The Authorized Signatory also agrees to fulfill the offer 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: Completed by DESThis is an Award for the following Regions:

Completed by DES

APPROVED (DES) APPROVED (VENDOR/CONTRACTOR)

Department of Enterprise Services1500 Jefferson Building1500 Jefferson Street SEOlympia, WA 98501Washington State Department of Enterprise Services Bidder’s Company Name & Address

Signature Date Signature Date

David Scott, Contract SpecialistTyped or Printed Name, Title Typed or Printed Name, Title

Manager Signature Date

Michael Maverick, Unit ManagerManager’s Typed or Printed Name, Title

CONTACT INFORMATION CONTACT INFORMATION

Contact:

David Scott Contact:

Title: DES contact Title:Phone: 360-407-9424 Phone:Fax: 360-586-2426 Fax:Email: [email protected] Email:


mmaveri, 09/17/12,

Can you make this part a table. This is not enough room.

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