part i the model solicitation · web viewthe proposed pricing levels should reflect the market...

STATE OF WASHINGTONDEPARTMENT OF ENTERPRISE SERVICES

OFFICE OF STATE PROCUREMENT1500 Jefferson Street SE P.O. Box 41017 Olympia, Washington 98504-1017 (360) 902-7400

REQUEST FOR PROPOSAL - 05511DERELICT VESSEL REMOVAL & DISPOSAL

Proposal are Due:...................................................... April 5, 2012 @ 2:00 PM Sharp

Please submit Proposals to the Bid Clerk/Customer Service at the following address:

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

Mailing Address:...................................................... PO Box 41017Olympia, WA 98504-1017

Procurement Coordinator:........................................ Corinna [email protected]: 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

of 22State of Washington Department of Enterprise ServicesOffice of State Procurement

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mailto:[email protected]

05511, Derelict Vessel Removal & Disposal

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. CONTRACT FORMATION................................................................................................................................42.3. SCOPE...............................................................................................................................................................42.4. PURCHASERS...................................................................................................................................................52.5. CONTRACT TERM............................................................................................................................................52.6. ESTIMATED USAGE.........................................................................................................................................62.7. NO COSTS OR CHARGES................................................................................................................................62.8. NO BEST AND FINAL OFFER.........................................................................................................................6

3. SOLICITATION OVERVIEW...................................................................................................................................63.1. ACQUISITION AUTHORITY.............................................................................................................................63.2. SOLICITATION AMENDMENTS......................................................................................................................63.3. INCORPORATION OF DOCUMENTS INTO CONTRACT..............................................................................73.4. RIGHT TO CANCEL..........................................................................................................................................73.5. NON-ENDORSEMENT AND PUBLICITY........................................................................................................7

4. TIMELINE..................................................................................................................................................................74.1. PROCUREMENT SCHEDULE..........................................................................................................................74.2. PROJECTED SCHEDULE OF EVENTS...........................................................................................................74.3. PRE-BID CONFERENCE..................................................................................................................................8

5. PREPARATION OF RESPONSE..............................................................................................................................85.1. SUBMISSION OF RESPONSE:.........................................................................................................................85.2. RESPONSE OPENING PROTOCOL.................................................................................................................95.3. CONTRACT INFORMATION AVAILABILITY AFTER AWARD......................................................................95.4. PROPOSAL PRICING.......................................................................................................................................9

6. TIER II BID PROCESS – SEGMENT B:................................................................................................................106.1. OVERVIEW OF THE TIER II PROCESS........................................................................................................106.2. THE ROLE OF DES/OSP................................................................................................................................106.3. BIDDER NOTIFICATION...............................................................................................................................106.4. REFRESH OPPORTUNITIES – SEGMENT B................................................................................................11

7. EVALUATION, EVALUATION PROCESS AND SCORING..............................................................................117.1. EVALUATION..................................................................................................................................................117.2. EVALUATION PROCESS AND SCORING.....................................................................................................127.3. AWARD............................................................................................................................................................177.4. SELECTION OF APPARENT SUCCESSFUL BIDDERS...............................................................................177.5. NOTIFICATION OF APPARENT SUCCESSFUL BIDDERS.........................................................................17

PART TWO – CONTRACT INFORMATION................................................................................................................18

APPENDICES PAGE.......................................................................................................................................................20

BIDDER CHECKLIST.....................................................................................................................................................20

AUTHORIZED OFFER AND CONTRACT SIGNATURE PAGE................................................................................22

State of Washington Department of Enterprise ServicesOffice of State Procurement

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PART ONE – SOLICITATION INFORMATION

1. ANNOUNCEMENT AND SPECIAL INFORMATION

1.1. INTRODUCTION

This document contains Part One - Solicitation Information, 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 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, although not an Award factor (unless otherwise specified herein), bidders are encouraged to consider the following in responding to this solicitation:

Support for a diverse supplier pool, including small, Minority and Women-Owned Business Enterprises (MWBE), Voluntary numerical WBE goals 3% MBE 3% have been established for this solicitation. 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

2. SUMMARY OF OPPORTUNITY

2.1. PURPOSEThe Department of Natural Resources (DNR) has a Derelict Vessel Removal Program (DVRP). This program is responsible for the removal and disposal of derelict or abandoned vessels, managing program operations (reimbursement) and maintaining the Derelict Vessel Inventory. DNR receives funding from a fee on vessel registration occasionally from general fund transfers. Other agencies, port districts, city, towns or counties with jurisdiction over aquatic lands are authorized to remove vessels. To maximize the states buying power a new Contract is needed.

The purpose of this Solicitation is to establish a new statewide Contract for the as needed purchase of Derelict Vessel Removal & Disposal services. This RFP will establish Contractors for emergency removals (Segment A) and Tier I Prequalified Bidder Pools (Segment B Category 1 & 2) for planned vessel removals. This Contract will supplement existing agency resources therefore agency staff may conduct some removal activities. This Contract will be mandatory for all procurements over the current Direct Buy Limit.


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2.2. 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.

The Contract is divided into Segments. Segment A will be utilized for Emergency procurements and Segment B will be utilized for low and high risk planned procurements (2 Categories). For either Segment, Bidders are responsible for providing all personnel, equipment, materials and supplies to respond to the vessel removal.

Segment A will be awarded on a regional hierarchy basis. The Department of Natural Resources (DNR) has split the Western half of WA into four (4) regions (See Appendix C). Hierarchy means that Awards will be made to multiple Contractors and ranked up 1 thru 3 depending on Responses received. Bidders agree to conform to the standard Contract terms and conditions and the state determines that the Bidder has the Qualifications and capacity to fulfill Contract obligations. Customers must attempt to place orders with the No.1 Contractor listed for that region. If the No. 1 Contractor is unable to meet the Customer’s needs, the Customer may attempt to place an order with the next placed awarded Contractor, in hierarchal succession, until no Contractor remains. If none of the awarded Contractors can meet the needs of the Customer then the Purchasing Activity reserves the right to negotiate with anyone of their choosing.

Segment B will be awarded utilizing a Two-Tier Contracting Process. Tier I will establish two (2) Prequalified Bidder Pools (See Section 2.3) whereby the Bidder agrees to conform to the standard Contract terms and conditions and the state determines that the Bidder has the Qualifications and capacity to fulfill Contract obligations. Each bidder will receive a Qualification score (points from technical/management questions and references). Whenever a Customer submits a Work Request form to DES/OSP, Tier II of the bid process is initiated at which time DES/OSP will solicit quotes/bids for the work request. The Bidder’s original Qualification score will be combined with the Bidder’s Quotation/Bid score to determine the Award of each Work Request and subsequent Work Contract. The Purchasing Activity reserves the right to place the Tier II process under a new Contract number.

Be advised, inclusion in the Prequalified Vendor Pools under this Tier I Solicitation does not guarantee an Award of a subsequent work. Work Requests will be separately solicited through the Tier II competitive process among qualified Bidders included in the Prequalified Vendor Pools.

2.3. SCOPESegment A of the Contract will be for Emergency removals which may include vessels that are adrift, sinking, beached or qualify as an Emergency under RCW 79.100.040(3). Recovery may include but is not limited to patching, raising, pumping, dive support, towing, land transport and storage of a vessel.

Segment B of the Contract will be for Non-emergency removals of vessels which may include planned recovery actions where custody of the vessel was obtained prior to removal. This may involve towing, salvage, and delivery to haul out location. Recovery may include patching,


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raising, pumping, dive support, gear removal, land transport and storage. Vessel demolition including testing and abatement of all hazardous materials may also be included.

Segment B will be divided into two (2) Categories therefore creating two (2) Prequalified Bidder Pools. Work Requests under the Category 1 Prequalified Bidder Pool may involve lower risk vessels such as towing and retrieval from soft grounding, pump-off vessels up to 100’ and haul out, storage and disposal of vessels less than 50’. Work Requests under Category 2 Prequalified Bidder Pool may involve higher risk and more complex removals. Category 2 Work Requests may include in-water rising of sunken vessels, hard aground or deteriorating vessel salvage, haul out, storage and disposal of vessels greater than 50’. These vessels may also have more significant spill potential.

Additional Segments may be added to the Contract by mutual agreement or through a competitive process.

2.4. PURCHASERS The primary user of this Contract is the Washington State Department of Natural Resources (DNR). In RCW 43.19.005 it states that DES/OSP shall be reimbursed for the work that is completed on this Contract. At this time, Customers such as DNR will be charged a fee to maintain this Contract. Since this is the first time the Contract is being managed through DES/OSP, additional information is not available on the actual usage. Therefore, if appropriate, the State reserves the right to renegotiate reimbursement in the future when more information is available.

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.

State of Oregon UseThis Contract will be available for use by Oregon Cooperative Purchasing Program (ORCPP). Additionally, it will be available to the Department of Administrative Services Cooperative Purchasing Program (DASCPP) upon prior written approval by Washington State Department of Enterprise Services (DES) and Oregon Department of Administrative Services (DAS).

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 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, DASCPP or ORCPP members.

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

A list of current authorized ORCPP members is available at:

http://www.oregon.gov/DAS/SSD/SPO/docs/orcpp-member-list.pdf

2.5. CONTRACT TERM The initial term of this Contract is one (1) year 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 offered at the sole discretion of the Purchasing Activity upon written notice to


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the Contractor and effective upon mutual agreement. 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.

2.6. ESTIMATED USAGE Based on past and/or projected usage, it is estimated that purchases over the initial term of the Contract will approximate $700,000. This estimate is provided solely for the purpose of assisting Bidders in preparing their Response. Orders will be placed on an as needed basis.

The State of Washington does not represent or guarantee any minimum purchase.

2.7. 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.

2.8. 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.

3. SOLICITATION OVERVIEW

3.1. ACQUISITION AUTHORITYThe Department of Enterprise Services (DES) 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.

The Derelict Vessel Removal Program is under the authority of its enabling legislation Revised Code of Washington (RCW) 79.100. To learn more about DNR’s Derelict Vessel Removal Program visit: http://www.dnr.wa.gov/recreationeducation/topics/derelictvessels/pages/aqr_derelict_vessel_removal_program.aspx.

3.2. SOLICITATION AMENDMENTSPrior to the 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. INCORPORATION OF DOCUMENTS INTO CONTRACT


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http://apps.leg.wa.gov/rcw/default.aspx?cite=79.100

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


This Solicitation document, Appendices, any subsequent Amendments and the Bidder’s response will be incorporated into the resulting Contract.

3.4. 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.

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

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

4.2. PROJECTED SCHEDULE OF EVENTS

Date Time Event

3/13/2012 Issue Solicitation document (Available for download from www.ga.wa.gov/webs )

3/27/2012 1:00 pm Bidder Pre-Bid Conference - RSVP Requested to Contracts Consultant listed on the front page

If Applicable

Amendment issued, if applicable (Bidders should begin checking the website for any amendments)

4/5/2012 2:00 pm Proposals Due

4/6/2012 Evaluation begins

4/16/2012 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 Contracts Specialist.


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4.3. PRE-BID CONFERENCEAn 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 Contracts Specialist 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 Contracts Specialist on the face page of this solicitation.

Pre-Bid Date: Tuesday, March 27, 2012 – RSVP Requested to Contracts Consultant listed on the front page

Pre-Bid Time: 1:00 pm

Pre-Bid Location:

Jefferson Street Building1500 Jefferson St. SEOlympia, WA 98501 Room #2208 (Visitors must check-in at the front desk)

For a site map to the Capitol Campus, click http://www.ga.wa.gov/images/Campus-Map.pdf.

Driving directions and parking information http://www.ga.wa.gov/Visitor/direction-park.htm.

5. PREPARATION OF RESPONSE

5.1. SUBMISSION OF RESPONSE:Original, signed (in ink), sealed Response must be received at the specified location on or before the specified date and time. Time of receipt will be determined by the official time stamp located at the Purchasing Activity. If a Response is late or received at a location other than that specified, it shall be rejected and returned unopened. In the event the official time clock is unavailable, the Bid clerk may establish the official time and take reasonable steps to ensure the integrity of the Response receipt is preserved.

A. FORMAT: One (1) original hard copy of all required documents shall be submitted (See

checklist)

Five (5) additional copies of Appendix E, F and G for proposal evaluation shall be submitted (See checklist)

One (1) electronic copy of all required documents shall be submitted on a compact disc (CD) or thumb drive

In the event the hard copy and the electronic copy do not agree, the hard copy will prevail. Hard copy Responses must be legible and completed in ink or with electronic printer or other similar office equipment, and properly signed by an authorized representative of the Bidder. The documents in the electronic copy must be in Word or Excel format. PDF is not acceptable. All changes and/or erasures shall be initialed in ink. Unsigned Responses will be rejected on opening unless satisfactory evidence was submitted clearly establishing the


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Bidder’s desire and intent to be bound by the Response, such as a signed cover letter. Incomplete or illegible Responses may be rejected.

Note: In a joint effort to save costs, reduce waste and produce energy savings, Bidders are encouraged to use double-sided printing and recyclable materials. Bidders are highly encouraged to refrain from submitting Responses in 3-ring binders, spiral bindings, and/or other non-recyclable presentation folders.

B. IDENTIFICATION AND DELIVERY: To facilitate proper delivery and processing, Responses must be delivered in sealed envelopes, boxes or other method of containment. Sealed Responses are to be clearly identified on the outside of the package with the following information to the Purchasing Activity at the address below:

Bidder’s Address OSP Customer Service/Bid Clerk

Solicitation #05511 Office of State Procurement1500 Jefferson St. SEOlympia, WA 98504

Bid Opening Date

5.2. RESPONSE OPENING PROTOCOLAfter the Response due date and time, the designated Bid Clerk shall open and process sealed Response(s) protecting the confidentiality of the contents. The names of the Bidders shall be recorded and made available upon request. Not until the Contract has been awarded shall the contents become available for public view.

5.3. CONTRACT INFORMATION AVAILABILITY AFTER AWARDUpon Award, electronic notification may be sent to all Bidders. After Award, information regarding results of the Solicitation may be obtained by accessing http://www.ga.wa.gov/Purchase/contracts.htm or by contacting the Procurement Coordinator. Bidders may submit a public disclosure request to either schedule an appointment to review the procurement file or obtain specific documents.

5.4. PROPOSAL PRICING Response prices must include all cost components needed for the delivery of the services/goods as described in this Solicitation document.

For Segment A, Bidders must include a comprehensive Rate Schedule which identifies all costs the Bidder will charge for performing the tasks necessary for the performance of a Contract. The costs must break-out all expenses expected to be billed to an Agency. The Rate Schedule should include labor categories and hourly rate, overtime rates, charges for various levels of Personal Protective Equipment (PPE), and equipment charges to include vehicles, vessels, containers and other incidentals. Bidders must submit a Rate Schedule for each Region however the Rate Schedule can be the same for each Region. Bidders must identify which Region the Rate Schedule is associated with.


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The Bidder shall identify any indirect or overhead charges (if any) that will be applied during the performance of work on this project, and the basis for applying the rate.

The Bidder shall identify any standard administrative costs (if any) for preparing invoices and/or meeting regulatory reporting requirements, such as Washington Labor and Industry prevailing rate filing and reporting requirements.

Costs not identified in the proposal will not be reimbursed by Agency without prior written authorization submitted with the cost documentation at the time of invoicing.

Pricing for Segment B is not required in this solicitation. Pricing for Segment B will be included in Tier II of the contracting process and only from those Prequalified vendors awarded in Tier I.

Failure to identify all costs in a manner consistent with the instructions in this Solicitation is sufficient grounds for disqualification.

The State makes no volume commitment in this Solicitation. The proposed pricing levels should reflect the market provided by the Contract resulting from this Solicitation.

Rate Schedules for Segment A shall remain firm and fixed for 365 days following Award of the Contract, and then on a pass through basis.

6. TIER II BID PROCESS – SEGMENT B:

6.1. OVERVIEW OF THE TIER II PROCESS A Bidder’s Response to a RFQ represents an offer to Contract with the Purchasing Activity. A Bidder’s Response becomes a Contract only when legally awarded and accepted in writing by the Purchasing Activity. DES/OSP will be utilizing a Two-Tier Contracting Process. The Tier I process will establish two (2) Tier I Prequalified Bidder Pools in the original Soliciation whereby the Bidder agreed to conform to the terms and conditions of the Primary Contract and the DES/OSP determined that the Bidder has the qualifications and capacity to fulfill Contract obligations. When a Customer notifies DES/OSP of its intention to Contract for vessel removal, the Tier II bid process is initiated at which time the DES/OSP will solicit pricing. Afterwards, the Bidder’s price score will be combined with the Bidder’s Tier I Non-Cost score to determine an Apparent Successful Bidder and a Contract will be formed.

6.2. THE ROLE OF DES/OSPBesides the role of qualifying Tier I Bidders, DES/OSP will also manage Tier II bid process thru Award. Afterwards, the Work Contract will be turned over to the Customer for on-going management. A Work Request form was specifically designed to streamline the process of forming a Work Contract. A copy of the Work Request Form and Work Contract can be found in Appendix H and is subject to change as the Contract is Awarded.

6.3. BIDDER NOTIFICATIONAll Tier II bid opportunities will be advertised on WEBS. The DES/OSP Contract Specialist or designee will:

Survey Work Request Form for completeness and if so:

Convert the Work Request Form into the RFQ

Select the Tier II Bidders who will be notified of the contracting opportunity.


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Notify selected Bidder Pool by posting on WEBS.

Once Bids are received, the DES/OSP Contracts Specialist will evaluate the Bidders Pricing. The highest scoring Bidder will then have their Work Plan reviewed by the Customer on a pass/fail basis (although the name of the Bidder is not revealed until after the evaluation is complete). The Contracts Specialist will also ensure the Successful Bidder complies with any or all of the following:

Validate that the Apparent Successful Bidder and Subcontractors are registered as a licensed business with the appropriate Washington State Agencies.

Require the Apparent Successful Bidder to provide a copy of the “Statement of Intent to Pay Prevailing Wages” form approved by Department of Labor and Industries within (5) business days.

Require the Apparent Successful Bidder to provide proof of Insurance consistent with Insurance requirements listed in this Solicitation (See Appendix B) within (5) business days.

Afterwards, DES/OSP will forward the Work Contract to the Customer for signature at which time the Work Contract will be activated. Failure to comply with any one of these requirements may result in the disqualification of the Apparent Successful Bidder and disqualification from the Tier I Bidder Pools. In such instances, DES/OSP at its sole discretion may then rescore RFQ responses in identifying the next highest ranking Bidder as the Apparent Successful Bidder or rebid the RFQ or rebid the Work Request

6.4. REFRESH OPPORTUNITIES – SEGMENT BTo perpetuate vibrant Tier I Bidder Pools, the State reserves the right to Refresh the Prequalified Bidder Pools. A date and time of the Refresh will be at the sole discretion of the State. Notifications will be posted in the Washington Electronic Business Solutions (WEBS) system. New Bidders or those Bidders that were not awarded a Primary Contract may participate in the Refresh. The Refresh may also include additional requirements to support new needs.

Contractors who are already in the Prequalified Vendor Pool for Master Contract 05511 need not participate in the Refresh Solicitation but are encouraged to read this Solicitation document to familiarize themselves with changes to Tier II processes and requirements.

7. EVALUATION, EVALUATION PROCESS AND SCORING

7.1. EVALUATIONThe Bidders, who meet all of the Solicitation requirements and are determined to be the lowest Responsive, Responsible Bidders (highest scoring) as described in this section, by Segment, will be declared the Successful Bidders by the Purchasing Activity.

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

Bidders may choose to bid on Segment A (Emergency Purchases), Segment B Category 1 (planned low risk removals), Segment B Category 2 (planned high risk removals), or any combination of the three (3). Bidders must respond to all the required exercises for each


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Segment in order to be determined responsive. Separate Award criteria will be established for Segment A and Segment B.

Segment A Awards will be made to the Highest Scoring Responsive and Responsible Bidders. Bid evaluation shall consider cost and non-cost factors. Cost and non-cost factors will be evaluated independently of each other, and be based on a point allocation basis. Contract Award (if any) shall be based on the evaluation and Award criteria established herein and subject to consideration of all factors identified in RCW 43.19.1911.

Segment A will be awarded on a regional hierarchy basis. Up to three (3) Bidders in each region may be awarded. There are 1,000 cost and non-cost points possible for each Region in Segment A (See Section 7.2 below). The Bidder with highest score per region will be the No. 1 Contractor listed. If additional vendors are awarded and No. 1 Contractor is unable to meet the Customer’s needs, the Customer may attempt to place an order with the next placed awarded Contractor, in hierarchal succession, until no Contractor remains. Notification via phone, fax or email stating the Contractor cannot complete the task must be received before the Customer moves to the next placed Contractor. If none of the awarded Contractors can meet the needs of the Customer then the Purchasing Activity reserves the right to negotiate with anyone of their choosing.

Segment B will be awarded utilizing a Two-Tier Contracting Process. There are two (2) Categories in Segment B and each Category will be evaluated separately to establish two (2) Prequalified Bidder Pools. There are 1,050 non-cost points possible for Segment B Category 1 and 1,350 non-cost points possible for Segment B Category 2 (See Section 7.2 below). Bidders who are responsive, responsible and score more than 70% of the total possible points for each Category will be included in the Tier I Prequalified Bidder Pool. Tier II of the bid process is initiated at which time DES/OSP will solicit quotes/bids for the work request.

Subject to the provisions of RCW 43.19.1911 and WAC 200-300, the Purchasing Activity 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 a Solicitation and re-solicit Bids; (5) Negotiate with the lowest Responsive and Responsible Bidder to determine if that Response 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.

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

7.2. EVALUATION PROCESS AND SCORINGThis RFP will be evaluated and awarded on a “point system”. The Evaluation will be conducted in phases as listed below:

Phase One: Initial Determination of Responsiveness

For both Segment A and B, Responses will be reviewed initially by the Purchasing Activity to determine on a pass/fail basis compliance with administrative requirements as specified herein.


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Responses meeting the Initial Determination of Responsiveness will then be reviewed on a pass/fail basis to determine if the Response meets the Mandatory requirements. Only Responses meeting all Mandatory requirements will be further evaluated.The State reserves the right to determine at its sole discretion whether Bidder’s Response to a Mandatory requirement is sufficient to pass. If, however, all responding Bidders fail to meet any single Mandatory item, the Purchasing Activity will cancel the Solicitation and reject all Bids. The state reserves the right to determine the actual level of compliance on any part of the evaluation or Proposal.

Phase Two: Bidder Responsibility

For both Segment A and B, Bidder Responsibility will be determined according to RCW 43.19,1911 (9), or other criteria identified in the Solicitation. During Response evaluation, the Purchasing Activity 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 Response being rejected as non-responsive.

Phase Three: Cost

For Segment A, an Award will be made on a point allocation basis with 25% of the points assigned to cost factors and 75% of the points assigned to non-cost factors. Only Responses that pass the Initial Determination of Responsiveness described in Phases One and Two will be further evaluated by the Purchasing Activity for “Cost” as follows:

Bidders must submit a comprehensive Rate Schedule for each Region (4) which identifies all costs the Bidder will charge for performing the tasks necessary for the performance of a Contract within that Region (See Section 5.4). Bidders may use the same Rate Schedule for each Region but must clearly state which Region the Rate Schedule shall be used for.

To determine the lowest evaluation price per Region, the Purchasing Activity will use the Rate Schedule. The Purchasing Activity will select 10 items that are the same (in the perspective of the Purchasing Activity) from the Rate Schedule of each Bidder and evaluate pricing on those items. The bidder offering the lowest total cost for all the selected items will receive the maximum available points (250) for each region, with each successive bid then receiving points proportionate to their relationship with the lowest bidder. Example:

Lowest total Bid evaluation price (Northwest Region) divided by a higher total Bid evaluation price (Bid that is being evaluated) multiplied by number of available points equals the cost factor evaluation points. Points will be rounded to two places to the right of the decimal point using standard rounding method.

Sample Calculation for the 10 items (Northwest Region) using Bidder A = $4,233 and Bidder B = $3,250

$3,250/ $4,233 = .7678 x 250 (max points available) = 191.94 (rounded to two places to the right of the decimal point using standard rounding).

Bidder A is the lowest total Bid evaluation cost, so it would be assigned the 250 points for the Northwest Region. Bidder B would be assigned 191.94 points based on the formula above.


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For Segment B Category 1 and 2 costs will be evaluated in the Tier II process. However, costs will make-up 25% of the final score. DES/OSP will evaluate pricing. The Bidder with the lowest evaluation price will receive the highest amount of points (250). Those Bids with a higher evaluation price will receive a proportionately fewer number of evaluation points based upon the lowest Bid evaluation price. The points assigned for each Bidder will then be added to the Bidders score from the Tier 1 process. Example:

Lowest total Bid evaluation price divided by a higher total Bid evaluation price (Bid that is being evaluated) multiplied by number of available points equals the cost factor evaluation points. Points will be rounded to two places to the right of the decimal point using standard rounding method.

Sample Calculation for Segment B Category 1 using Bidder A = $12,065 and Bidder B = $14,250

$12,065 / $14,250= .8477 x 250 (max points available) = 211.66 (rounded to two places to the right of the decimal point using standard rounding).

Bidder A is the lowest total Bid evaluation cost, so it would be assigned the 250 points. Bidder B would be assigned 211.66 points based on the formula above.

Bidder A has a total score (950 from Tier I and 250 from Tier II) of 1,200. Bidder B has a total score (922 from Tier I and 211.66 from Tier II) of 1,133.66 points. Based on the points assigned Bidder A would be awarded the Work Contract.

Phase Four: Non Cost Factors

Bidders shall not include a company name when responding to the questions in Appendix F, G or H. Anywhere a Bidder’s company name is listed (Except for the top of page 1 in each Appendix) it will be removed for evaluation purposes.

Pass/Fail Submittals Evaluation

The Purchasing Activity or other suitable individual will perform the evaluation of the pass/fail portions of this solicitation.

Failure by the Bidder to provide all required Submittal(s) may cause a Bid to be rejected as non-responsive. Failure to meet the material requirements of the Submittal (substance, spirit, intent, material aspects, etc.) may cause a Bid to be rejected for lack of responsiveness. It is important that you submit all Submittals in the form requested and complete the Submittals as instructed by the Solicitation or Amendment.

For both Segment A and B, DES/OSP may assemble and preside over an evaluation committee. The evaluation committee, if used, may be responsible for reviewing and scoring. If deemed necessary by DES/OSP, committee members may be substituted and/or the evaluation committee may be disbanded and reconstituted.

The committee or committee member will evaluate the Submittals consistent with their values. The committee member will primarily focus on the considerations stated in the Solicitation.

DES/OSP will not likely evaluate any Submittal that is also evaluated by an evaluation committee. However, in addition to presiding over the evaluation committee, DES/OSP may review the Submittals, provide input, assemble evaluation aids, or perform other functions helpful to the evaluation committee. The committee may engage in a free flow


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of discussion with other committee members and the Procurement Coordinator prior to, during, and after the evaluation.

The evaluation of the submittal may be performed in isolation or together as a group, or a combination of both. Each committee member will give a particular question a Submittal score. All of the committee members’ decisions for that Submittal will be for a final score. The Evaluation Committee will conduct the non-cost evaluation with points assigned based on the effectiveness of the Response:

References

The Purchasing Activity is asking for six (6) References, but will only score three (3) of them. Bidders shall list their references in the order they wish to be called. No other references will be contacted once three (3) references have been scored. References will be asked to rate Bidder’s past performance on the following scale from 0-50 available points:

50: Performance always meets or exceeds expectations

40: Performance usually exceeds minimum requirements

30: Performance meets minimum expectations and is adequate.

20: Performance is often or always incomplete.

10: Performance is unacceptable. Deficiencies exist in critical areas.

0: Contacted reference fails or refuses to respond when asked to rate Bidder.

For a Response to be considered for Award, both of the following criteria must be met:

The Purchasing Activity must have been able to establish contact with at least three (3) of the six (6) references provided; and,

Bidder must achieve an average score of 90 (30 from each reference) or greater from those references.

Note: Responses not meeting these criteria will be determined to be not responsible and will be rejected.

Segment A

If Responding to Segment A, Bidders must respond to all questions provided in Appendix E. There are 750 non-cost points possible in Segment A.

Section A of Appendix E is Pass/Fail and requires the Bidders to check the box if they meet the requirements. Bidders may be rejected if they cannot provide the information required or sufficient supporting evidence to explain the deviation.

Bidders must Respond to all Management and Technical Questions in Section B and C. Responses will be evaluated by the evaluation team and the best Response will be awarded the maximum allowable points per question. The remaining responses will then be awarded a proportionate amount of the maximum possible points per question.


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Segment B (Category 1 – Low Risk)

If Responding to Segment B- Category 1, Bidders must respond to all questions provided in Appendix F. There are 1,050 non-cost points possible in Segment B – Category 1.

Section B of Appendix F is Pass/Fail and requires the Bidders to check the box if they meet the requirements. Bidders may be rejected if they cannot provide the information required or sufficient supporting evidence to explain the deviation.


Bidders must score 70% (735 points) or higher to be included in the Tier I-Cat 1 Bidder Pool.

Segment B (Category 2 – High Risk)

If Responding to Segment B- Category 2, Bidders must respond to all questions provided in Appendix G. There are 1,350 non-cost points possible in Segment B – Category 2.

Section B of Appendix G is Pass/Fail and requires the Bidders to check the box if they meet the requirements. Bidders may be rejected if they cannot provide the information required or sufficient supporting evidence to explain the deviation.


Bidders must score 70% (945 points) or higher to be included in the Tier I-Cat 2 Bidder Pool.

Phase Five: Point Allocation

Segment A has a total of 1,000 points possible for cost and non-cost factors. Segment B – Category 1 has a total of 1,050 points for non-cost factors (cost is worth 250 point or 25% and will be conducted in the Tier II phase of the Contract). Segment B – Category 2 has a total of 1,350 points for non-cost factors (cost is worth 250 point or 25% and will be conducted in the Tier II phase of the Contract).

Segment A Points % Total Points

Cost 250

Per Region

25%

1,000 Points

per RegionNon-Cost

References

50 5%

Management & Technical Questions

700 70%


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Segment B – Cat 1 Points % Total

Non-Cost

References

50 5% 1,050 Points

(Must Score 735 points or more to be on Tier 1)

Cost will account for 25% of the total score in

Tier II


1,000 70%

Segment B – Cat 2 Points % Total

Non-Cost

References,

50 5% 1,350 Points

(Must Score 945 points or more to be on Tier 1)

Cost will account for 25% of the total score in

Tier II


1,300 70%

7.3. AWARDThe Bidders, who meets all of the Solicitation requirements and is determined to be the lowest Responsive, Responsible Bidders, scoring the highest points per Segment, as described in Section 7.1 & 7.2, will be declared the Successful Bidders by the Purchasing Activity. The Purchasing Activity, at its sole discretion and depending on Responses received, may make a multiple or single Awards in Segment A and multiple Awards in Segment B.

7.4. SELECTION OF APPARENT SUCCESSFUL BIDDERSThe Bidders with a Response the most advantageous to the State will be declared the Apparent Successful Bidders.

7.5. NOTIFICATION OF APPARENT SUCCESSFUL BIDDERSAll Bidders responding to this Solicitation will be notified when the Purchasing Activity has determined the Apparent Successful Bidder.

The date of announcement of the Apparent Successful Bidder will be the date of the notification from the Purchasing Activity.

The Purchasing Activity may enter into Contract negotiations with the Apparent Successful Bidder to determine if the Response can be improved.


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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 Derelict Vessel Removal & Disposal.

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 to the Solicitation/Contract Number 05511b. All Appendicesc. Solicitation Amendments (if applicable)d. Bidder’s Tier II RFQ Response (with all attachments and exhibits, and all amendments thereto)

and resulting contract with the Purchasing Activitye. The terms and conditions contained on Purchaser’s Order Documents, if used.

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 05511, including all documents incorporated in Part Two, Section 3

aboved. Contractors Response to RFQ in Tier II e. Any other provision, term or material incorporated in the Contract by reference

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 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


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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.


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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 Procedures

APPENDIX B Special Terms and

Conditions

APPENDIX CRegion Map

APPENDIX DBidder Profile

APPENDIX ESegment A

Technical/Management Questions

APPENDIX FSegment B-Cat 1


APPENDIX GSegment B-Cat 2


APPENDIX HTier II Sample Work

Request/Contract

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.

Authorized Offer and Contract Signature Page (1 original)Rate Schedule (if bidding Segment A) – (1 for each Region – (can be the same))Appendix D: Bidder Profile (1 original)Appendix E: Segment A Technical & Management Questions (1 original & 5 copies, if bidding this Category)Appendix F: Segment B-Category 1 Technical & Management Questions (1 original & 5 copies, if bidding this Category in Segment B)Appendix G: Segment B-Category 2 Technical & Management Questions (1 original & 5 copies, if bidding this Category in Segment B)Electronic Copy (1 CD or Thumb drive containing all documents- No PDF)Amendments (if applicable)


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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.

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.State of Washington Department of Enterprise ServicesOffice of State Procurement

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AUTHORIZED OFFER AND

CONTRACT SIGNATURE PAGEIn 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: Signature: Date:Name (print):Title:Company Mailing Address:Entity Type: (LLC, LP, etc.):Phone/Fax:Email:

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++CONTRACT AWARD AND SIGNATURE

(For State of Washington Use Only)

A Contract is hereby awarded between Purchasing Activity and the above entity

This Contract is effective this _____day of ______________, 2012.

This is a Partial / Total Award for: 05511, Derelict Vessel Removal & Disposal

Segment A = Northwest Region 1 2 3 Olympic Region 1 2 3

Puget Sound Region 1 2 3 Southwest Region 1 2 3

AND/OR Segment B = Pre-Qualified Vendor CAT 1 Pre-Qualified Vendor CAT 2

Purchasing Activity Authorized Signatures/Contact Information:

Agency Name: Department of Enterprise Services, Office of State ProcurementContracts Consultant Signature: Date:Name (print): Corinna CooperAddress: 1500 Jefferson St. SE, Olympia, WA 98504Phone/Fax: 360-407-9420Email: [email protected] Manager Signature: Date:


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mailto:[email protected]