apps.des.wa.gov  · web viewoffice supplies, ink & toner, and paper (desk top delivery) note:...

19
REQUEST FOR PROPOSAL #04411 (04411B1) Office Supplies, Ink & Toner, and Paper (Desk Top Delivery) NOTE: DUE TO SPACE LIMITATIONS, RFP HAS BEEN LOADED INTO WEBS AS EIGHT DOCUMENTS.YOU MUST ALSO DOWNLOAD 04411B2 (PREPARATION OF RESPONSE, AND EVALUATION/AWARD), 04411B3 (INSTRUCTIONS TO BIDDERS, DEFINITIONS, STANDARD TERMS & CONDITIONS, AND PROTEST PROCEDURES), 04411B4 (SPECIAL TERMS AND CONDITIONS) AND 04411B5 ((CATEGORY ONE – OFFICE SUPPLIES PRICE SHEETS), 04411B6 (CATEGORY TWO – INK AND TONER) AND 04411B7 (CATEGORY THREE – PAPER). THIS SECTION IS ENTITLED 04411B1 SPECIAL NOTE 06/05/12: CONTRACT HAS BEEN AWARDED. FOR “ORIGINAL SOLICITIATION” POSTING PURPOSES ON THE CONTRACT WEBSITE, THE SEPARATE DOCUMENTS NOTED ABOVE HAVE BEEN IMBEDDED HEREIN AND REPRESENT THOSE DOCUMENTS DEEMED THE MOST CURRENT AT TIME OF RFP CLOSING (SEVERAL HAD BEEN AMENDED VIA AMENDMENTS) Bids are Due............... January 4, 2012 – 2:00 pm Location:.................. 1500 Jefferson St. SE Olympia, WA 98501 Mailing Address:........... PO Box 1017 Olympia, WA 98504-1017 Pre-Bid Meeting (Optional). December 19, 2011 9:00 am to 12 pm 1500 Jefferson St. SE, Room 2208 Olympia, WA 98501 Procurement Coordinator.... Connie Stacy 360-407-9403 [email protected] Fax: 360-586-2426 Map to the Capital Campus. . http://www.ga.wa.gov/images/Campus-Map.pdf Directions/Parking......... http://www.ga.wa.gov/Visitor/direction-park.htm

Upload: others

Post on 13-Feb-2020

1 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

REQUEST FOR PROPOSAL #04411 (04411B1)Office Supplies, Ink & Toner, and Paper (Desk Top Delivery)NOTE: DUE TO SPACE LIMITATIONS, RFP HAS BEEN LOADED INTO WEBS AS EIGHT DOCUMENTS.YOU MUST ALSO DOWNLOAD 04411B2 (PREPARATION OF RESPONSE, AND EVALUATION/AWARD), 04411B3 (INSTRUCTIONS TO BIDDERS, DEFINITIONS, STANDARD TERMS & CONDITIONS, AND PROTEST PROCEDURES), 04411B4 (SPECIAL TERMS AND CONDITIONS) AND 04411B5 ((CATEGORY ONE – OFFICE SUPPLIES PRICE SHEETS), 04411B6 (CATEGORY TWO – INK AND TONER) AND 04411B7 (CATEGORY THREE – PAPER). THIS SECTION IS ENTITLED 04411B1 SPECIAL NOTE 06/05/12: CONTRACT HAS BEEN AWARDED. FOR “ORIGINAL SOLICITIATION” POSTING PURPOSES ON THE CONTRACT WEBSITE, THE SEPARATE DOCUMENTS NOTED ABOVE HAVE BEEN IMBEDDED HEREIN AND REPRESENT THOSE DOCUMENTS DEEMED THE MOST CURRENT AT TIME OF RFP CLOSING (SEVERAL HAD BEEN AMENDED VIA AMENDMENTS)

Bids are Due...................................... January 4, 2012 – 2:00 pm

Location:............................................ 1500 Jefferson St. SEOlympia, WA 98501

Mailing Address:................................ PO Box 1017Olympia, WA 98504-1017

Pre-Bid Meeting (Optional)................ December 19, 2011 9:00 am to 12 pm

1500 Jefferson St. SE, Room 2208Olympia, WA 98501

Procurement Coordinator.................. Connie [email protected] Fax: 360-586-2426

Map to the Capital Campus............... http://www.ga.wa.gov/images/Campus-Map.pdf

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

To request this information in alternative formats call (360) 902-7400, or TDD (360) 664-3799

BIDS MUST BE RECEIVED AND TIME STAMPED ON OR BEFORE THE DATE AND TIME LISTED ABOVE AT THE LOCATION LISTED ABOVE REGARDLESS OF DELIVERY METHOD (US MAIL / PACKAGE DELIVERY).

Page 2: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

PART ONE – SOLICITATION INFORMATION 3

1. ANNOUNCEMENT AND SPECIAL INFORMATION........................................................................................................................31.1. INTRODUCTION................................................................................................................................................................31.2. ECONOMIC AND ENVIRONMENTAL GOALS......................................................................................................................3

2. SUMMARY OF OPPORTUNITY....................................................................................................................................................32.1. PURPOSE...........................................................................................................................................................................32.2. PURCHASERS.....................................................................................................................................................................42.3 CONTRACT TERM...................................................................................................................................................................42.4 ESTIMATED USAGE & ORDER HISTORY..................................................................................................................................42.5 NO COSTS OR CHARGES.........................................................................................................................................................52.6 NO BEST AND FINAL OFFER...................................................................................................................................................5

2.7 OFFICE OF STATE PROCUREMENT ADMINISTRATIVE REIMBURSEMENT....................................................................................53 SOLICITATION OVERVIEW..........................................................................................................................................................6

3.1 ACQUISITION AUTHORITY......................................................................................................................................................63.2 SOLICITATION AMENDMENTS...............................................................................................................................................63.3 CONTRACT FORMATION........................................................................................................................................................63.4 INCORPORATION OF DOCUMENTS INTO CONTRACT.............................................................................................................63.5 RIGHT TO CANCEL..................................................................................................................................................................63.6 NON-ENDORSEMENT AND PUBLICITY...................................................................................................................................6

4 TIMELINE....................................................................................................................................................................................64.1 PROCUREMENT SCHEDULE....................................................................................................................................................64.2 PROJECTED SCHEDULE OF EVENTS........................................................................................................................................74.3 PRE-BID CONFERENCE & BIDDER INQUIRIES.........................................................................................................................7

5 PREPARATION OF RESPONSE.....................................................................................................................................................85.1 SUBMISSION OF RESPONSE:.....................................................................................................Error! Bookmark not defined.5.2 RESPONSE OPENING PROTOCOL..............................................................................................Error! Bookmark not defined.5.3 CONTRACT INFORMATION AVAILABILITY AFTER AWARD........................................................Error! Bookmark not defined.5.4 RFP PRICING.............................................................................................................................Error! Bookmark not defined.5.5 MISCELLANEOUS EXPENSES.....................................................................................................Error! Bookmark not defined.

6 EVALUATION AND AWARD.........................................................................................................................................................86.1 EVALUATION............................................................................................................................Error! Bookmark not defined.6.2 EVALUATION PROCESS.............................................................................................................Error! Bookmark not defined.6.3 AWARD....................................................................................................................................Error! Bookmark not defined.6.4 SELECTION OF APPARENT SUCCESSFUL BIDDER.......................................................................Error! Bookmark not defined.6.5 NOTIFICATION OF APPARENT SUCCESSFUL BIDDER.................................................................Error! Bookmark not defined.

PART TWO – CONTRACT INFORMATION 8

APPENDICES PAGE 10

BIDDER CHECKLIST 10

AUTHORIZED OFFER 12

AND 12

CONTRACT SIGNATURE PAGE 12

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 2 of 14

Page 3: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

PART ONE – SOLICITATION INFORMATION

1. ANNOUNCEMENT AND SPECIAL INFORMATION

1.1 INTRODUCTION

This document contains Part One - Solicitation Information, and Part Two - Contract Information, and Appendices.

Bidders are required to read, understand and accept all information contained within this entire document. By responding to this Solicitation, the Bidder agrees to have read, understand, and accept all parts of the document.

This document will form the Contractual agreement between the Purchasing Activity and the awarded Contractor when countersigned by the State of Washington.

1.2 ECONOMIC AND ENVIRONMENTAL GOALS

In support of the State’s economic and environmental goals, Bidders are encouraged to consider the following in responding to this solicitation:

-Support for a diverse supplier pool, including Small Businesses, Veteran Owned (VO) and Minority and Women-Owned Business Enterprises (MWBE). Achievement 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. As part of the selection process, Bidders are required to submit a comprehensive Small Business/MWBE outreach plan that will equitably spread subcontracting opportunities to MWBE subcontracting firms(Bidders shall identify themselves as these types of firms, or if a partnership exists with these types of firms - reference Appendix E “Bidder Profile”)

-Use of environmentally preferable goods and services to include post consumer waste and recycled content (please reference Senate House Bill 2287 which requires state agencies to utilize 100% recycled content copier paper as well as directing DES to adopt strategies to increase purchases of recycled content products. (Bidders shall identify products offered that contain recycled content - reference Section Five “Preparation of Response” and Appendix D, Price Sheets)

-Products made or grown in Washington (Bidders shall identify products offered that are made or grown in Washington - reference Section 5 “Preparation of Response” and Appendix D, Price Sheets)

2. SUMMARY OF OPPORTUNITY

2.1 PURPOSEThe purpose of this Solicitation is to establish an office supply contract. The current Contract #09205 is scheduled to expire March 19, 2012 having been extended the maximum terms allowable.The following categories are included:

CATEGORY DESCRIPTIONOne Office Supplies (3031 lines items) (see Appendix D – Price Profile)Two Ink & Toner (198 line items) (see Appendix D – Price Profile)

Page 4: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

Three Paper – Multipurpose, Printing & Duplicating (116 line items) (see Appendix D –Price Profile)

All categories are for desk top delivery to any location within the state, including remote areas. Unlike the existing contract, this contract is limited to the specific items specified herein in Appendix D “Price Profile”, Category Price Sheets, with “net pricing” to be applied. Items may only be added and/or deleted by contract amendment at the discretion of the Purchasing Activity, who anticipates implementation of a process to routinely “refresh” contract items as required. Regardless, an established list of “core” items will be maintained, similar in volume to that represented in this RFP. Successful contractor(s) will be prohibited from providing access to noncontract items under the umbrella of this contract, either in marketing materials or websites developed specifically to service this account. The state maintains separate contracts or other authorized sources of supply exist that provide the bulk of the items not included, and customers will be directed to purchase from those sources accordingly.

2.2 PURCHASERS General UseThe resulting Contract is 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 current contractor has identified approximately 270 existing ship to locations, a list of which will be provided to successful contractor(s) upon award.

While use of the Contract by Political Subdivisions and Non-Profit Corporations that are members of the WSPC is optional, DES encourages them to use state 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 members.

A list of WSPC members is available at https://fortress.wa.gov/des/apps/coop

2.3 CONTRACT TERM The initial term of this Contract is two (2) years from date of award with the option to extend for additional term(s) or portions thereof. Extensions for each additional term(s) or portion thereof shall be exercised at the sole discretion of the Purchasing Activity upon written notice to the Contractor(s). The total Contract term, including the initial term and all subsequent extensions, shall not exceed eight (8) years unless an emergency exists and/or special circumstances require a partial term extension. The State reserves the right to extend with all or some of the Contractors, solely determined by the State.

2.4 ESTIMATED USAGE & ORDER HISTORYUsage: Based on past and/or projected usage, it is estimated that purchases over the initial three year term of the Contract will approximate $45,000,000.00 (see below). This estimate is provided solely for the purpose of assisting Bidders in preparing their Response. Orders will be placed on an as needed basis. Appendix D, Category Price Sheets provides past purchase quantities (which will be used for bid evaluation purposes for “Cost”).

The State of Washington does not represent or guarantee any minimum purchase. The value of the bid solicitation over any term cannot be precisely known. The Bidder shall be mindful that non-Washington State agencies, e.g., political subdivisions, Washington State Purchasing Cooperative

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 4 of 14

Page 5: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

(WSPC) members, etc., are not obliged to use this contract nor can the State compel the political subdivisions, cooperative members and non-profit corporations or any other customer to purchase on this contract when awarded. The Bidder making its own interpretation of the informational data and understands, accepts and assumes all sales volume usage risks including but not limited to the potential for zero sales.

Category Title Estimated Value/Three Years

One Office Supplies $15,000,000.00 ($5,000,000/year)

Two Ink & Toner $15,000,000.00 ($5,000,000/year)

Three Paper $15,000,000.00 ($5,000,000/year)

The current contract #09205 is worth approx. $22,000,000 a year (combination of all three categories plus other spend not included in this RFP) with approx. 50% attributable to State Agencies, approx. 42% to Higher Education and approx. 8% to Political Subdivisions. It is unknown at this time the anticipated level of Higher Education or Political Subdivision participation, and the “estimated value” has been adjusted based upon that information.

A current twelve month (June 2010 to June 2011) purchase analysis of Contract #09205 indicates the following:

The 3400+ line items specified in Appendix D, Category Price Sheets, represent approx. 76% of the year 2010-2011 spend. Contract activity indicates the following:

Total Number of Orders: 138,000 Average Order Amt: $160.00

Total Number of Order Lines: 499,325* Average Order Lines: 4

Delivery Locations: 270

Approx. one third of the orders were for less than $50.00 however represented only 10% of the overall spend.

*based upon 25,000 line items purchased off the “catalog contract” via a set core contract list, discount off list and discount off retail for all products made available (approx. 60,000 items) through the contractor’s online catalog.

2.5 NO COSTS OR CHARGESCosts or charges under the proposed Contract incurred before the Contract is fully executed will be the sole responsibility of the Bidder.

2.6 NO BEST AND FINAL OFFERThe Purchasing Activity reserves the right to make an award without further discussion of the Response submitted; i.e., there will be no best and final offer request. Therefore, the Response should be submitted on the most favorable terms that Bidder intends to offer.

2.7 OFFICE OF STATE PROCUREMENT ADMINISTRATIVE REIMBURSEMENTThis contract is subject to an “administrative fee” of one half of one percent. Based upon dollar usage sold under the authority of the contract (as remitted to OSP on a quarterly basis as defined herein), awarded contractor(s) are to remit to OSP a one half of one (.5) percent “administrative fee” for reimbursement of program administrative costs. Payment will be due in conjunction with the quarterly usage report described herein and will be an amount equal to one half of one (.5) percent of

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 5 of 14

Page 6: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

the previous quarterly usage total/total sales activity. Continual delinquency of payment may be considered cause for contract termination.

Client agencies using the contract are not to be charged usage fees for activity on this contract.

3. SOLICITATION OVERVIEW

3.1 ACQUISITION AUTHORITYDES or Purchasing Activity issues this Solicitation acting under the authority of its enabling legislation Revised Code of Washington (RCW) 43. 19 which establishes DES and regulates the manner in which state agencies may acquire goods and purchased services.

3.2 SOLICITATION AMENDMENTSPrior to submittal due date and time, the Purchasing Activity reserves the right to change portions of this Solicitation. Any changes or corrections will be by one or more written amendment(s), dated, attached to or incorporated in and made a part of this Solicitation document. All changes must be authorized and issued in writing by the Purchasing Activity. If there is any conflict between amendments, or between an Amendment and the Solicitation, whichever document was issued last in time shall be controlling. Only Bidders who have properly registered and downloaded the original Solicitation directly via WEBS system will receive notification of Amendments and other correspondence pertinent to the procurement.

3.3 CONTRACT FORMATIONA Response submitted to this Solicitation is an offer to Contract with the Purchasing Activity. A Response becomes a Contract only when legally awarded and accepted in writing by the Purchasing Activity. Award means signature and any accompanying documentation specifying the Award. The Award is signed by both parties and a copy is sent to the Awarded Bidder.

3.4 INCORPORATION OF DOCUMENTS INTO CONTRACTThis Solicitation document, Attachments, any subsequent Amendments and the Bidder’s response will be incorporated into the resulting Contract, accepted clarifications and if used, any accompanying Award Letter.

3.5 RIGHT TO CANCELThe Purchasing Activity reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

3.6 NON-ENDORSEMENT AND PUBLICITYIn selecting a Bidder to supply goods and purchased services specified herein to the state of Washington Purchasers, neither the Purchasing Activity 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.

4. TIMELINE

4.1 PROCUREMENT SCHEDULEThe dates listed below represent the projected procurement schedule. The Purchasing Activity reserves the right to change the schedule. Notification of amendments to the procurement schedule

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 6 of 14

Page 7: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

prior to RFP opening, will be sent electronically to all properly registered users of the Department of Enterprise Service’s Washington Electronic Business Solution (WEBS) www.des.wa.gov/webs who downloaded this Solicitation from WEBS.

Changes to the Procurement Schedule after RFP Opening may be communicated to all Bidders reflecting the change.

4.2 PROJECTED SCHEDULE OF EVENTS Date Time Event

12/7/2011 Issue Solicitation document (Available for download from www.des.wa.gov/webs )

12/19/2011 9:00 pm Bidder Pre-Bid Conference 12/21/2011 Amendment issued, if applicable (Bidders should begin checking the

website for any amendments)01/04/2012 2:00 pm RFPs Due

01/04/2012 Evaluation begins 01/12/2012 Anticipated Award date

NOTE: Response information, including price sheets, will not be available for public disclosure until after award of the Contract consistent with RCW 43.19.1911(8). After award, information regarding results of the Solicitation may be obtained by contacting the Procurement Coordinator.

4.3 PRE-BID CONFERENCE & BIDDER INQUIRIESAn optional pre-bid conference to address Solicitation requirements will be held at the time and location indicated below. While attendance is not mandatory, Vendors are encouraged to attend and actively participate. If interpretations, specifications, or other changes to the Solicitation are required as a result of the conference, the Procurement Coordinator will issue an amendment that will be posted on WEBS.

Assistance for disabled, blind or hearing-impaired persons who wish to attend is available with prior arrangement with the Purchasing Activity. Contact the identified on the face page of this solicitation.

Pre Bid Date: December 19, 2011Pre Bid Time: 9:00 am to 12:00 pmPre Bid Location: Department of Enterprise Services

1500 Jefferson Street, Room 2208Olympia, WA 98501

Upon release of this solicitation, all Bidder communications concerning this solicitation must be directed to the Procurement Coordinator listed on the face page. Unauthorized contact regarding this solicitation with other state employees involved with the solicitation may result in disqualification.

All oral and written communications will be considered unofficial and non-binding on the Office of State Procurement, State of Washington, and qualified contract customers. Bidders shall rely only on the solicitation document and any follow-on solicitation amendments issued by the OSP Administrator. Relying on any other information is at the Bidder’s own risk and expense.

In its effort to help prospective Bidders, OSP may answer a Bidder Inquiry and may provide background or other information in an effort to provide context that seems to indicate an OSP position. This information is informal in nature and may change with no follow-on notice to the Bidder. Again, the Bidder shall rely only on the language of the solicitation and not on informal information.

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 7 of 14

Page 8: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

5. PREPARATION OF RESPONSE

DOWNLOAD #04411B2 FROM WEBS

6. EVALUATION AND AWARD

DOWNLOAD #04411B2 FROM WEBS

PART TWO – CONTRACT INFORMATION

1. PARTIES This Contract (“Contract”) is entered into by and between the State of Washington, acting by and through the Purchasing Activity and the Awarded Contractor(s), an entity licensed as necessary to perform the Contract and to conduct business in the State of Washington (“Contractor”), with the parties more fully described in the Authorized Offer and Contract Signature Page below, for the purpose of providing Office Supplies and/or Ink & Toner and/or Paper.

2. ENTIRE AGREEMENT This Solicitation/Contract document, Parts One and Two, all Appendices and attachments, all subsequently issued amendments, and any incorporated documents comprise the entire agreement between the Purchasing Activity and the Contractor. No other statements or representations, written or oral, shall be deemed a part of the Contract.

3. INCORPORATED DOCUMENTS Each of the documents listed below is, by this reference, incorporated into this Contract as though fully set forth herein.

a. The awarded portion(s) of Contractor’s Response, including any accepted clarifications, to the Solicitation/Contract Number 04411, and the Award Letter (if any).

b. All Appendicesc. Amendments (if applicable)

4. ORDER OF PRECEDENCE, CONFLICT AND CONFORMITYIn the event of a conflict in such terms, or between the terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order:

a. Applicable Federal and State of Washington statutes and regulationsb. Mutually agreed written amendments to this Contractc. This Contract, Number 04411, including all documents incorporated in Part Two, Section 3 aboved. Clarifications (if applicable)

Conflict: To the extent possible, the terms of this Contract shall be read consistently.

Conformity: If any provision of this 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. LEGAL NOTICES

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 8 of 14

Page 9: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

Any notice or demand or other communication required or permitted to be given under this Contract or applicable law (except notice of malfunctioning Equipment) shall be effective only if it is in writing and signed by the applicable party. It must be properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid, certified mail, return receipt requested, via facsimile or by electronic mail, to the parties at the addresses and fax numbers, e-mail addresses provided in the Authorized Offer and Contract Signature Page below. For purposes of complying with any provision in this Contract or applicable law that requires a “writing,” such communication, when digitally signed with a Washington State Licensed Certificate, shall be considered to be “in writing” or “written” to an extent no less than if it were in paper form. Notices shall be effective upon receipt or four (4) Business Days after mailing, whichever is earlier. The notice address as provided herein may be changed by written notice given as provided above.

In the event that a subpoena or other legal process commenced by a third party in any way concerning the Equipment or Services provided pursuant to this Contract is served upon Contractor or Purchasing Activity, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and Purchasing Activity further agree to cooperate with the other party in any lawful effort by the other party to contest the legal validity of such subpoena or other legal process commenced by a third party.

6. LIENS, CLAIMS AND ENCUMBRANCES All materials, equipment, supplies and/or services shall be free of all liens, claims, or encumbrances of any kind, and if the Purchasing Activity or the Purchaser requests, a formal release of same shall be delivered to the respective requestor.

7. AUTHORITY TO BIND The signatories to this Contract represent that they have the authority to bind their respective organizations to this Contract.

8. COUNTERPARTS This Contract may be executed in counterparts or in duplicate originals. Each counterpart or each duplicate shall be deemed an original copy of this Contract signed by each party, for all purposes.

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 9 of 14

Page 10: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

APPENDICES PAGEBidders are required to read and understand the embedded Appendices below. Appendices listed in the Checklist below need to be completed and returned with the Bidders Response.

NOTE: These documents are not automatically printed out.

APPENDIX A Instructions to Bidders,

Definitions, Standard Terms & Conditions, and

Protest ProceduresDownload #04411B3 from

WEBS

APPENDIX B Special Terms and Conditions

Download #04411B4 from

WEBS

APPENDIX CSpecifications

APPENDIX D

Download #04411B5 – Price

Sheets

APPENDIX EBidder Profile

APPENDIX F

BIDDER CHECKLIST

This checklist identifies the documents to be submitted with each Response. Any Response received without any one or more of these documents may be rejected as being non-responsive.PLEASE DO NOT SUBMIT PRODUCT SAMPLES WITH YOUR BID RESPONSE

Appendix D: Price Profile and Category Price Sheets (including refills for Category One items if applicable)Appendix E: Bidder ProfileAppendix F: Written Responses to “Non Cost” FactorsAuthorized Offer and Contract Signature Page Certifications such as Mill Certification of Recovered Materials, Certification of Inmate Wages, Grade Finder’s Letter of Acceptability for Paper products, etc.Descriptive Literature (if bidding other than products/stock numbers specified)

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 10 of 14

Page 11: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

Amendments (if applicable)Documentation of any mwbe/vo/small business partnerships (if applicable). Copy of your firm’s “Supplier Diversity Plan”

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 11 of 14

Page 12: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

CERTIFICATIONS AND ASSURANCESWe make the following certifications and assurances as a required element of submitting this Response, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the Solicitation 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 Part One-Solicitation Information, Part Two-Contract Information, all Appendices, and incorporated documents. We have downloaded and acknowledge receipt of 04411B2, 04411B3, 04411B4 and 04411B5

2. The prices in this Response 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 Response 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 Response.

3. The attached Response is a firm offer for a period of 90 days following the Response Due Date specified in the Solicitation, and it may be accepted by the Purchasing Activity without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period. In the case of a protest, our Response will remain valid for 90 days or until the protest and any related court action is resolved, whichever is later.

4. In preparing this Response, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the State's Solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Response. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. We understand that the State will not reimburse us for any costs incurred in the preparation of this Response. All Responses become the property of the State, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Response. Submission of the attached Response constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the Solicitation document.

6. We understand that any Contract awarded, as a result of this Response will incorporate all the Solicitation requirements. Submission of a Response and execution of this Certifications and Assurances document certify our willingness to comply with the Contract terms and conditions appearing in Parts One and Two, 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 Parts One and Two, all Appendices, and incorporated documents of this Solicitation.

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 Solicitation.

8. We are not submitting any exceptions.

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 12 of 14

Page 13: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

AUTHORIZED OFFER

AND

CONTRACT SIGNATURE PAGE

In submitting this Response, the authorized signatory below acknowledges having read and understood the entire Solicitation and agrees to comply with the terms and conditions of the Solicitation including Certifications and Assurances. The authorized signatory also agrees to fulfill the offer made in this Response and any subsequently awarded Contract.The signatory below represents that he/she has the authority to bind the entity named below to the Response submitted and any Contract awarded as a result of this Solicitation.

Bidder/Contractor Signature/Contact Information:

Company Name: Entity Type: (LLC, LP, etc.):Signature: Date:Name (print): Title:Company Mailing Address:

Email: Phone: Fax:

CONTRACT AWARD AND SIGNATURE(For State of Washington Use Only)

Contract #04411, Office Supplies, Ink & Toner and Paper (Desk Top Delivery)

A Contract is hereby awarded between Purchasing Activity and the above entity.This Contract is effective this _____day of ______________, 2012 (first effective date of contract).

Office of State Procurement Use OnlyThe Office of State Procurement reserves the right to make single and multiple awards and to award all-or-nothing, aggregate, groups, or by line item.Summary of Award:

Category One – Office Supplies Category Two – Ink & Toner Category Three - Paper

******************************************************************* The Award is identified/detailed or further identified/detailed in OSP’s formal Award Letter to the Apparent

Successful Bidder dated _______________________ and is incorporated by reference.

Purchasing Activity Authorized Signatures/Contact Information:Department of Enterprise Services, Office of State ProcurementContracts Specialist Signature: Date:Name: Connie Stacy - 1500 Jefferson Ave. SW, Third Floor, Olympia, WA 98501Email: [email protected] Phone: (360) 407-9403 Fax: (360) 586-2426Manager Name: Cheral JonesManager Signature: Date:

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 13 of 14

Page 14: apps.des.wa.gov  · Web viewoffice supplies, ink & toner, and paper (desk top delivery) note: due to space limitations, rfp has been loaded into webs as eight documents.you must

Solicitation 04411 – Office Supplier, Ink & Toner, and Paper (Desk Top)Page 14 of 14