State of Washington
DEPARTMENT OF ENTERPRISE SERVICES
Contracts and Legal Division, Master Contracts & Consulting (MCC)
1500 Jefferson, PO Box 41411 Olympia, Washington 98504-1411 (360) 407-2210
http://www.des.wa.gov
REQUEST FOR PROPOSAL (RFP)
The State of Washington Department of Enterprise Services on behalf of the WSCA-NASPO Cooperative Purchasing Program
Title: Public Safety Communication Equipment
Part I SOLICITATION DOCUMENT
Solicitation Number / Pre-proposal Conference Date & Time / Proposal Due Date Time06913 / April 9, 2014
9:00 A.M. to estimated 5:00 P.M. / May 15, 2014 2:00 PM.
Robert Paulson, Jr., C.P.M.
Procurement Coordinator
Phone: (360) 407-9430
E-mail:
To request this information in alternative formats call (360) 407-2210, or TDD (360) 664-3799.
Proposals must be received on or before the Proposal Due Date Time at this location:
Department of Enterprise Services
Mailing Address: PO Box 41411
Olympia, WA 98504-1411
Street Address: 1500 Jefferson Street, SE
Olympia, Washington 98501
Page 1
BIDDER’S AUTHORIZED OFFER
(PROPOSAL SIGNATURE PAGE)
RFP# 06913 Public Safety Communication Equipment
Issued by the State of Washington
Certifications and Assurances
We make the following certifications and assurances as a required element of the Response, to which it is attached, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the RFP are conditions precedent to the award or continuation of the resulting contract.
1. 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 single Proposal.
2. The attached Response is a firm offer for a period of 180 days following the Response Due Date specified in the RFP, and it may be accepted by the MCC without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 180-day period. In the case of protest, our Response will remain valid for 180 days or until the protest and any related court action is resolved, whichever is later.
3. 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.)
4. 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.
5. 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 Part II, if selected as a Contractor. It is further understood that our standard contract will not be considered as a replacement for the terms and conditions appearing in Part II, all appendices, and incorporated documents of this solicitation.
6. The authorized signatory below acknowledges having read, understood and agree to abide by all information contained in the RFP, all appendices, and incorporated documents.
7. By submitting this RFP, bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this solicitation.
The signatory below represents that he/she has the authority to bind the company named below to the Proposal submitted and any contract awarded as a result of this solicitation.
Bidder’s Signature / Company NameTitle / Date
Page 1
RFP 06913, Public Safety Communication Equipment
Part I Solicitation Document
CHECKLIST
This checklist is provided for Bidder's convenience only and 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.(MINIMUM REQUIRED SUBMITTALS)
Signed Bidder’s Authorized Offer
Unsigned Part II Model Contract
Proposal Amendment(s) (if applicable)
Appendix D Bidder Information and Profile
Appendix E Contract Management and Performance Plan
Appendix F Nationwide Network of Subcontractors/Dealers/Distributors
Appendix G Specifications
Appendix H Price Worksheets
Appendix I Customer Reference Questionnaire (from minimum of 4 references)
The following documents do not need to be returned:
Part I Solicitation Document (except signed Bidder’s Authorized Offer)
Appendix A Protest Procedure
Appendix B Standard Definitions
Appendix C WSCA-NASPO Master Agreement Terms and Conditions
Appendix I Customer Reference Questionnaire (to be returned by reference directly to
Procurement Coordinator)
Appendix J Intent to Participate
Appendix K Individual States’ Terms and Conditions
Appendix L Procurement Reform Small Business Fact Sheet
Proposal Submittals to be returned after award:
The following documents need not be returned with the proposal package submission. However, Contractor will be required to submit such documents at a later date as required by the Contract terms or as requested by the Contract Administrator.
· Sales and Subcontractor Report
· Other Required Reports
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RFP 06913, Public Safety Communication Equipment
Part I Solicitation Document
TABLE OF CONTENTS
BIDDER’S AUTHORIZED OFFER 2
CHECKLIST 3
1.0 SOLICITATION OVERVIEW 8
1.1 ACQUISITION AUTHORITY 8
1.2 STANDARD DEFINITIONS 8
1.3 SOLICITATION AMENDMENTS 8
1.4 CONTRACT FORMATION 8
1.5 INCORPORATION OF DOCUMENTS INTO CONTRACT 8
1.6 RIGHT TO CANCEL 8
1.7 MODEL CONTRACT 8
1.8 NON-ENDORSEMENT AND PUBLICITY 9
1.9 IN-STATE PREFERENCE/RECIPROCITY 9
1.10 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES (MWBE) 9
2.0 SUMMARY OF OPPORTUNITY 10
2.1 PURPOSE 10
2.2 BACKGROUND 11
2.3 WSCA-NASPO BACKGROUND INFORMATION 11
2.4 CONTRACT SCOPE 11
2.5 PURCHASERS (PARTICIPATING ENTITIES) 12
2.6 CONTRACT TERM 12
2.7 ESTIMATED USAGE 12
2.8 AWARD 12
3.0 TIMELINE 12
3.1 PROCUREMENT SCHEDULE 12
3.2 PRE-PROPOSAL CONFERENCE 13
3.3 COMPLAINT, DEBRIEF AND PROTEST 13
4.0 INSTRUCTIONS TO BIDDERS 14
4.1 BIDDER COMMUNICATION RESPONSIBILITIES 14
4.2 BIDDER AUTHORIZED REPRESENTATIVE 14
4.3 WASHINGTON ELECTRONIC BUSINESS SOLUTION (WEBS) 14
4.4 PREPARATION OF PROPOSALS 15
4.5 ALTERATIONS TO OFFICIAL DOCUMENTS AND CONFLICTING MATERIALS 16
4.6 WITHDRAWAL OR MODIFICATION OF PROPOSAL 16
4.7 BIDDER INFORMATION AND PROFILE 17
4.8 PAYMENT TERMS 17
4.9 PROPOSAL PRICING 17
4.10 CUSTOMER REFERENCES 17
4.11 EQUIPMENT/PRODUCT DEMONSTRATION 18
4.12 PUBLIC RECORDS AND EXEMPT INFORMATION 18
4.13 DESCRIPTIVE LITERATURE 19
4.14 SAMPLES 19
4.15 SPECIFICATIONS 19
4.16 PRICING 20
5.0 BIDDER QUALIFICATIONS 20
5.1 BIDDER’S CONTRACT MANAGEMENT AND PERFORMANCE PLAN 20
5.2 USE OF NATIONWIDE NETWORK OF SUBCONTRACTORS/DEALERS/DISTRIBUTORS 21
5.3 FEDERAL FUNDING 22
5.4 FEDERAL RESTRICTIONS ON LOBBYING 22
5.5 FEDERAL DEBARMENT AND SUSPENSION 22
5.6 USE OF SUBCONTRACTORS/DEALERS/DISTRIBUTORS 22
5.7 MERCURY CONTENT AND PREFERENCE 22
6.0 SUCCESSFUL BIDDER RESPONSIBILITIES 23
6.1 NO COSTS OR CHARGES 23
6.2 POST AWARD CONFERENCE 23
6.3 CONTRACT MANAGEMENT 23
6.4 WSCA-NASPO eMARKET CENTER 23
6.5 CONTRACT ADMINISTRATION FEES 23
6.6 WSCA-NASPO CONTRACT SALES REPORTS 23
7.0 PRICING (COST FACTORS) 23
7.1 PRICING 23
7.2 NO BEST AND FINAL OFFER 23
7.3 VOLUME/PROMOTIONAL DISCOUNTS 24
7.4 PRICE ADJUSTMENTS 24
8.0 PROPOSAL EVALUATION AND CONTRACT AWARD 24
8.1 EVALUATION PROCESS 24
8.2 SELECTION OF APPARENT SUCCESSFUL BIDDER(S) 31
8.3 ANNOUNCEMENT OF APPARENTLY SUCCESSFUL BIDDER 31
APPENDIX A COMPLAINT, DEBRIEF AND PROTEST PROCEDURES 32
1.0 OVERVIEW 36
1.1 CONTRACT SCOPE 36
1.2 CONTRACT SCOPE AND MODIFICATIONS 36
1.3 RECITALS 37
1.4 ESTIMATED USAGE 37
1.5 CONTRACT TERM 37
1.6 PURCHASERS/PURCHASING ENTITIES 37
2.0 CONTRACT ADMINISTRATION 38
2.1 DES CONTRACT ADMINISTRATOR 38
2.2 ADMINISTRATION OF CONTRACT 38
2.3 CONTRACTOR SUPERVISION AND COORDINATION 38
2.4 POST AWARD CONFERENCE 38
2.5 CONTRACTOR’S CONTRACT MANAGEMENT 38
2.6 CHANGES 39
2.7 WSCA-NASPO eMARKET CENTER 39
2.8 WSCA-NASPO CONTRACT ADMINISTRATION FEE 39
2.9 WSCA-NASPO CONTRACT SALES REPORTS 40
2.10 WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS) 40
3.0 PRICING 40
3.1 PRICE PROTECTION 40
3.2 NO ADDITIONAL CHARGES 40
3.3 CONTRACT PRICING 41
3.4 VOLUME/PROMOTIONAL DISCOUNTS 41
3.5 PRICE ADJUSTMENTS 41
4.0 CONTRACTOR QUALIFICATIONS AND REQUIREMENTS 41
4.1 ESTABLISHED BUSINESS 41
4.2 USE OF SUBCONTRACTORS/DEALERS/DISTRIBUTORS 42
4.3 ASSIGNMENT AND SUBCONTRACT/DEALER/DISTRIBUTOR INVOLVEMENT 42
4.4 CONTRACTOR AUTHORITY AND INFRINGEMENT 42
4.5 MATERIALS AND WORKMANSHIP 42
4.6 MERCURY CONTENT AND PREFERENCE 43
5.0 DELIVERY REQUIREMENTS 43
5.1 ORDER FULFILLMENT REQUIREMENTS 43
5.2 SHIPPING AND RISK OF LOSS 43
5.3 DELIVERY 43
5.4 SITE SECURITY 44
5.5 INSPECTION, ACCEPTANCE AND REJECTION 44
5.6 INSTALLATION 44
5.7 TITLE TO PRODUCT 44
5.8 TREATMENT OF ASSETS 44
5.9 LABELING 45
6.0 PAYMENT 45
6.1 ADVANCE PAYMENT PROHIBITED 45
6.2 IDENTIFICATION 45
6.3 PAYMENT, INVOICING AND DISCOUNTS 45
6.4 TAXES, FEES AND LICENSES 46
6.5 OVERPAYMENTS TO CONTRACTOR 47
6.6 AUDITS 47
7.0 QUALITY ASSURANCE 47
7.1 RIGHT OF INSPECTION 47
7.2 CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS 47
7.3 PRODUCT WARRANTY 48
7.4 WARRANTIES 48
7.5 DATE WARRANTY 48
7.6 COST OF REMEDying defects 49
7.7 TRAINING 49
7.8 OPERATOR MANUAL 49
8.0 INFORMATION AND COMMUNICATIONS 49
8.1 ADVERTISING 49
8.2 RETENTION OF RECORDS 49
8.3 NON-ENDORSEMENT AND PUBLICITY 50
8.4 PROTECTION OF CONFIDENTIAL AND PERSONAL INFORMATION 50
9.0 GENERAL PROVISIONS 51
9.1 WSCA-NASPO MASTER AGREEMENT Terms and conditions 51
9.2 GOVERNING LAW/VENUE 51
9.3 SEVERABILITY 51
9.4 SURVIVORSHIP 51
9.5 INDEPENDENT STATUS OF CONTRACTOR 52
9.6 GIFTS AND GRATUITIES 52
9.7 PERSONAL LIABILITY 52
9.8 NONDISCRIMINATION 52
9.9 OSHA AND WISHA REQUIREMENTS 52
9.10 ANTITRUST 52
9.11 WAIVER 53
10.0 DISPUTES AND REMEDIES 53
10.1 PROBLEM RESOLUTION AND DISPUTES 53
10.2 ADMINISTRATIVE SUSPENSION 54
10.3 FORCE MAJEURE 54
10.4 ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS 54
10.5 NON-EXCLUSIVE REMEDIES 54
10.6 LIMITATION OF LIABILITY 54
10.7 FEDERAL FUNDING 55
10.8 FEDERAL RESTRICTIONS ON LOBBYING 55
10.9 FEDERAL DEBARMENT AND SUSPENSION 55
11.0 CONTRACT TERMINATION 55
11.1 MATERIAL BREACH 56
11.2 OPPORTUNITY TO CURE 56
11.3 TERMINATION FOR CAUSE 56
11.4 TERMINATION FOR CONVENIENCE 57
11.5 TERMINATION FOR WITHDRAWAL OF AUTHORITY 57
11.6 TERMINATION FOR NON-ALLOCATION OF FUNDS 57
11.7 TERMINATION FOR CONFLICT OF INTEREST 58
11.8 TERMINATION BY MUTUAL AGREEMENT 58
11.9 TERMINATION PROCEDURE 58
12.0 CONTRACT EXECUTION 59
12.1 PARTIES 59
12.2 ENTIRE AGREEMENT 59
12.3 ORDER OF PRECEDENCE, INCORPORATED DOCUMENTS, CONFLICT AND CONFORMITY 59
12.4 LEGAL NOTICES 60
12.5 LIENS, CLAIMS AND ENCUMBRANCES 61
12.6 AUTHORITY TO BIND 61
12.7 COUNTERPARTS 61
APPENDIX B STANDARD DEFINITIONS 63
APPENDIX C WSCA-NASPO Master Agreement Terms and Conditions 67
APPENDIX D BIDDER INFORMATION AND PROFILE 84
APPENDIX E CONTRACT MANAGEMENT AND PERFORMANCE PLAN 87
APPENDIX F NATIONWIDE NETWORK OF SUBCONTRACTORS/DEALERS/DISTRIBUTORS 88
APPENDIX G SPECIFICATIONS 89
APPENDIX H PRICE WORKSHEETS 154
APPENDIX I CUSTOMER REFERENCE QUESTIONNAIRE 244
APPENDIX J INTENT TO PARTICIPATE 247
APPENDIX K INDIVIDUAL STATES’ TERMS AND CONDITIONS 248
APPENDIX L PROCUREMENT REFORM SMALL BUSINESS FACT SHEET 273
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RFP 06913, Public Safety Communication Equipment
Part I Solicitation Document
1.0 SOLICITATION OVERVIEW
1.1 ACQUISITION AUTHORITY
The Washington State Department of Enterprise Services (DES) acting through its Master Contracts and Legal Division, Master Contracts & Consulting (MCC) issues this Request for Proposal (RFP) acting under the authority of its enabling legislation Revised Code of Washington (RCW) 39.26 .
1.2 STANDARD DEFINITIONS
See Appendix B Standard Definitions.
1.3 SOLICITATION AMENDMENTS
Prior to submittal due date and time, the DES reserves the right to change portions of this RFP. 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 Procurement Coordinator. If there is any conflict between amendments, or between an amendment and the RFP, 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. Bidders may be required to sign and return solicitation amendments with their proposal. Bidders must carefully read each amendment to ensure they have met all requirements of the Solicitation.
1.4 CONTRACT FORMATION
A proposal submitted in response to the solicitation is an offer to contract with the Washington State Department of Enterprise Services (DES). A proposal becomes a contract only when accepted, awarded in writing and signed by both parties.
1.5 INCORPORATION OF DOCUMENTS INTO CONTRACT
This solicitation document, any subsequent amendments and the bidder’s response will be incorporated into the resulting Contract.
1.6 RIGHT TO CANCEL
The DES reserves the right to cancel or reissue all or part of this solicitation at any time as allowed by law without obligation or liability.
1.7 MODEL CONTRACT
A Model Contract has been included as Part II. In many instances, the solicitation document references and links to the Model Contract as opposed to duplicating identical language. This was done to protect against the possibility of language inconsistencies. In addition to the BIDDER’S AUTHORIZED OFFER, bidders should return the contract document with their response, without modification or contingency.