How to Submit a Winning BidProviding Vendors a Window into DES Contracting

By Sylvia Sammons,

State of Washington,

et.al.

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• Get to know DES• Register in WEBS• Understand Law and Policy• Seize the Opportunity

– Review all documents carefully– Attend any pre-bid conferences offered– Submit questions– Watch for amendments and answers

• Prepare a Bid Submittal

Steps to Submitting a Winning Bid

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• History- General

Administration- Department of

Information Services

- Department of Personnel

- Real Estate Services- Public Works

Get to Know DES Contracting

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• Current- Master Contracts

& Consulting- Agency Contracts

& Consulting- Construction and

Public Works & Energy Contracting

- Real Estate Leasing

• MCC - Master Contracts & Consulting– "Master contracts" means a contract for

specific goods or services, or both, that is solicited and established by the department in accordance with procurement laws and rules on behalf of and for general use by agencies as specified by the department. RCW 39.26.010

– Mission: Deliver best value master contracts and procurement expertise for state and local government and qualifying non-profit organizations.

Get to Know DES Contracting

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• ACCO – Agency Contracting, Consulting and Oversight• One Unit, two functions– Mission: To conduct procurement of

goods and services for DES and to provide statewide oversight, training and guidance for the procurement of goods and services subject to chapter 39.26 RCW.

Get to Know DES Contracting

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• Best value contracting• Open and Fair Competition• Performance-based contracting• Customer driven procurement• Legislative mandates• Lean processes• Small Business Emphasis• Transparency• Total Cost of Ownership

DES Contracting Principals

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• Procurement Reform• Revised Code of Washington• Washington Administrative Code• DES Policies

Understand Law and Policy

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• What is procurement reform?

• When effective• Who it effects• Practical implications

for vendors

Procurement Reform

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• RCW 39.26 Goods & Services (includes IT)

• RCW 39.04 Public Works• RCW 39.80 Engineering &

Architectural Services• RCW 43.19 In-state Preference

for Print Services• RCW 42.52 Ethics

Revised Code of Washington

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• WAC 200-300– Protests and appeals– Debarment

• WAC 200-300 Small Works Roster

• WAC 200-01 Public Records

Washington Administrative Code

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• DES-090-00 – Delegation of Authority• DES-140-00 – Sole Source Contracts• DES-130-00 – Emergency Procurements/Purchases• DES-125-03 – Direct Buy Procurements/Purchases• DES-170-00 – Complaints and Protests• DES-210-01 – Agency Contract Reporting• Topic 7 Draft - protest bonds policy recommendations

DES Procurement Policies

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• What is WEBS

• Who Uses WEBS• Get registered

1. Vendor Profile 2. Additional Contacts3. Commodity Codes4. Geographic Information5. Company Information

WEBS

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For more information about WEBS go to:http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx

1. Read the solicitation

2. Take notes

3. Write down questions

4. Attend the pre-bid meeting

5. Ask questions

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You’ve Received Notice of a Bid Opportunity, Now What?

• Timely Submittal• Meets all material

Requirements• Acceptance of Terms• Signed Offer

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Responsiveness & Responsibility

• Ability, Capacity, Skill…• Character, Integrity,

Reputation…• Performance Timeliness• Past Performance and

Compliance• Other Considerations

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Proposal Scoring Responsibility Checks

• Pricing Methodology• Completeness of Pricing• Price Validation• Pricing Errors• Preferences & Reciprocity

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Proposal Scoring Price Evaluation

• Samples and Documentation• Validate Compliance• Performance Testing• Clarification• Unsuccessful Bidder debriefing

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Proposal Scoring Specification Compliance

• Consistent with RCW 39.26.170, all competitive procurements must include an announcement of the ASB(s).

• Consistent with RCW 39.26.030, following the announcement of the ASB(s), bid submissions and bid evaluations must be available for public inspection.

• The complaint process, including the agency response to complaints, must occur before the deadline for bid submissions.

• The protest process must include a protest period after the apparent successful bidder is announced but before the contract is signed.

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State Complaints & Protests

• Vendors must be given an opportunity to submit a complaint to the agency based on any of the following: a) The solicitation unnecessarily restricts competition;

b) The solicitation evaluation or scoring process is unfair or flawed; or

c) The solicitation requirements are inadequate or insufficient to prepare a response.

• The complaint may not be raised again during the protest period.

• The agency complaint process does not need to include an appeal process.

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State Complaints

1. After the announcement of the apparent successful bidder (ASB), agencies must offer a debriefing conference to any bidder upon request.

2. Agencies must give bidders a minimum of at least 3 business days after the ASB is announced to request a debriefing conference.

3. Agencies can require bidder participation in a debriefing conference as a prerequisite for submitting a protest.

4. Agencies must give bidders at least 5 business days after their debriefing conference to file a protest.

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State Protests

5. The protest process as a minimum, must allow vendors an opportunity to submit a protest based on any of the following:

a) A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

b) Errors in computing the scores; or

c) Non-compliance with procedures described in the procurement document or agency protest process or DES requirements.

6. Agencies should assign a neutral party that had no involvement in the evaluation and award process to

investigate and respond to the protest. 21

State Protests

7. Agencies must issue a written protest response no more than 10 business days from receipt of the protest, unless additional time is needed. The agency should notify the protesting bidder if additional time is needed.

8. The agency protest decision is final and no appeal process will be required. If a protesting bidder does not accept the agency protest response, the bidder may try to seek relief from superior court.

9. At the time that the agency protest response is issued, the agency head and the Department of Enterprise Services Director must be provided a copy of the original protest and the agency's response.

10. Small and micro agencies that lack staff to address a protest may request assistance from DES.

The state protest process occurs after the bids are submitted and evaluated

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State Protests

• Credential Confirmation• Confirm Mutual Obligations• Incorporate Negotiations• Contract Execution• Implementation

Finalize Contract

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Finalize Contract

• Solicitation = Commitment to Buy• Exceptions and Requirements• Confidentiality of Bid Responses• Bidder Obligations• Cancel or Rebid?

Bid Cancelation

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Bid Cancellation

1. Do your Homework learn about plans and previous contracts

2. Monitor WEBS postings

3. Contact the solicitation coordinator as soon as possible for clarification and for opportunities to influence the specifications that might exclude you

4. Scrutinize bid specifications

5. Attend pre-bid conference

6. Double check responsiveness

7. Don’t be late

8. Use all forms provided

9. Contact your references and provide current contact information

10. Make sure your business contact information is current in WEBS the Washington Electronic Business Solution

10 Tips for Better Results

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Tips for Better Results

1. Maintain communication with the contract administrator

2. Survey the contract administrator and customers for key project milestones and demand schedules, e.g. opportunities to purchase with end of year funds

3. Inform customers of temporary outages on key products to synchronize demand ahead of time

4. Inform contract administrator and customers of key staff changes (Who is my sales rep. today?)

5. Inform contract administrator of changes to your website, catalogs, or any third party service providers that affect your customers.

Performance Issue Avoidance

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Performance Issue Avoidance

• Bidders must carefully follow the Instructions to Bidders in the documents

• Bid Bond or Bid Security is required

• Other details:- Acknowledge any addenda- List major subcontractors- Sign the bid- Be on time

State Construction

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State Construction

• Bidders must have a current state of Washington contractors license.

• Some specialties require special licenses.• A 100% Payment and Performance bond is

required.

• An exception can be made for projects less than $35,000.

• The performance bond must be submitted before the state will sign the construction contract.

• A minimum level of liability insurance will be specified in the bid documents.

• Contractors must submit a certificate of insurance before the state will sign the contract.

State Construction

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State Construction

• For projects >$1,000,000 a level of 15% apprenticeship participation is required.

• The requirement is an aggregate for the overall project based on total labor hours.

• Exceptions can be granted for some circumstances.• Most projects have a 10% MBE and 6% WBE

voluntary requirement.• DES requests MWBE data for the general and

subcontractors on the third monthly invoice and at project completion.

• We request data for both certified and self-identified MWBE participation.

State Construction

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State Construction

• Contractors on public works projects must pay prevailing wages

• http://www.lni.wa.gov/TradesLicensing/PrevWage/Policies/default.asp link to State Labor & Industries webpage for prevailing wage policies and determinations

• An “Intent to Pay Prevailing Wage” form must be submitted for all trades prior to invoicing for those trades

• At the end of the job, the “Affidavit of Wages Paid” form must be submitted for all trades

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LNI Requirements

• What are the filing requirements?– Public works contracts require that each and

every employer on the project file the Statement of Intent to Pay Prevailing Wages (Intent), and Affidavit of Wages Paid (Affidavit) Public Works contract form. The forms are filed with L&I and, once they are approved, are submitted by the employer to the agency administering the contract.

• Is there a minimum contract amount?– There is no minimum dollar contract amount.

That is, Intent and Affidavit forms are required for every public works contract regardless of the size of the contract.

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LNI Requirements

• Where do I file an intent?– The Intent form is filed immediately after the

contract is awarded and before work begins, if that is possible. The agency administering the contract may not make any payments until contractors have submitted an Intent form that has been approved by the Industrial Statistician.

• When do I file an affidavit?– The Affidavit form is not filed until after all the

work is completed. The agency administering the contract may not release final retainage until all contractors have submitted an Affidavit form that has been certified by the industrial statistician.

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LNI Requirements

Questions?http://www.des.wa.gov/services/ContractingPurchasing/Pages/default.aspx

Thank you

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Thank You