State of Washington
DEPARTMENT OF GENERAL ADMINISTRATION
Office of State Procurement
210 11th Avenue SW, Rm. 201,Olympia, Washington98504-1017 (360) 902-7400
Part I SOLICITATION DOCUMENT
INVITATION FOR BID (IFB)
Title: Aviation Fuel at MosesLake
Solicitation Number / Pre-bid Conference Date & Time / Bid due date and timeRebid Contract 03610 / July 7, 2010 @ 10:00 AM / July 21, 2010 - 2:00 PM.
Roz Knox
Procurement Coordinator
Phone: (360) 902-7489
Fax: (360) 586-2426
E-mail:
To request this information in alternative formats call (360) 902-7400, or TDD (360) 664-3799.
Bids must be received and stamped on or before the Bid due date and time at this location:
GeneralAdministrationBuilding
210 11th Avenue SW, Rm. 201
PO Box 41017
Olympia,WA 98504-1017
Directions:
For a site map to the Capitol Campus, Driving Directions and Parking Information:
IFB 03610, Aviation Fuel at Moses Lake
Part I Solicitation Document
BIDDER’S AUTHORIZED OFFER
(BID SIGNATURE PAGE)
IFB #03610 Rebid, Aviation Fuel at MosesLake
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 IFB are conditions precedent to the award or continuation of the resulting Contract.
- The prices in this Response have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror 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 offeror, directly or indirectly, to any other offeror or competitor before Contract award unless otherwise required by law. No attempt has been made or will be made by the offeror 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 Bid.
- The attached Response is a firm offer for a period of 90days following the Response Due Date specified in the IFB, and it may be accepted by the OSP 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 protest, our Response will remain valid for 180days or until the protest and any related court action is resolved, whichever is later.
- 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.)
- 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.
- 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 of this solicitation.
- We are not submitting proposed Contract exceptions (see section 1.4, Model Contract).
- The authorized signatory below acknowledges having read and understood the entire solicitation and agrees to comply with the terms and conditions of the solicitation in submitting and fulfilling the offer made in its Bid.
- 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.
The signatory below represents that he/she has the authority to bind the company named below to the Bid submitted and any contract awarded as a result of this solicitation.
Bidder Signature / Company NameTitle / Date
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IFB 03610, Aviation Fuel at Moses Lake
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
Part II Model Contract
Bid Amendment(s) (if applicable)
Appendix C – Specifications
Appendix D – Bid Information and Bidder Profile
Appendix E–Price Sheet
Bid Submittals to be returned after award:
The following documents need not be returned with the bid 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.
- Certificate of Insurance
- Sales and Subcontractor Report
- Other Required Reports
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IFB 03610, Aviation Fuel at Moses Lake
Part I Solicitation Document
TABLE OF CONTENTS
Part I SOLICITATION DOCUMENT
BIDDER’S AUTHORIZED OFFER
CHECKLIST
1.SOLICITATION OVERVIEW
1.1ACQUISITION AUTHORITY
1.2STANDARD DEFINITIONS
1.3CONTRACT FORMATION
1.4MODEL CONTRACT
1.5SOLICITATION AMENDMENTS
1.6INCORPORATION OF DOCUMENTS INTO CONTRACT
1.7RIGHT TO CANCEL
1.8NON-ENDORSEMENT AND PUBLICITY
1.9IN-STATE PREFERENCE/RECIPROCITY
1.10MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES (MWBE)
2.SUMMARY OF OPPORTUNITY
2.1BACKGROUND
2.2PURPOSE
2.3CONTRACT SCOPE
2.4PURCHASERS
2.5CONTRACT TERM
2.6ESTIMATED USAGE
2.7EXPECTED RESULT
2.8AWARD
3.TIMELINE
3.1PROCUREMENT SCHEDULE
3.2PRE-BID CONFERENCE
3.3BID OPENING PROTOCOL
3.4CONTRACT INFORMATION AVAILABILITY AFTER AWARD
3.5PROTEST PROCEDURES
4.INSTRUCTIONS TO BIDDERS
4.1AUTHORIZED COMMUNICATION
4.2BIDDER COMMUNICATION RESPONSIBILITIES
4.3BIDDER AUTHORIZED REPRESENTATIVE
4.4WASHINGTON ELECTRONIC BUSINESS SOLUTION (WEBS)
4.5PREPARATION OF BIDS
4.6BIDDER RESPONSIVENESS
4.7BID INFORMATION AND BIDDER PROFILE
4.8PAYMENT METHODS AND TERMS
4.9BID PRICING
4.10REFERENCES
4.11WITHDRAWAL OR MODIFICATION OF BID
4.12PROPRIETARY OR CONFIDENTIAL INFORMATION
5.BIDDER QUALIFICATIONS
5.1DOCUMENTATION OF FUEL SUPPLY
5.2FEDERAL FUNDING
5.3FEDERAL RESTRICTIONS ON LOBBYING
5.4FEDERAL DEBARMENT AND SUSPENSION
5.5USE OF SUBCONTRACTORS
5.6MERCURY CONTENT AND PREFERENCE
6.SUCCESSFUL BIDDER RESPONSIBILITIES
6.1NO COSTS OR CHARGES
6.2POST AWARD CONFERENCE
6.3CONTRACT MANAGEMENT
6.4INSURANCE
6.5SALES & SUBCONTRACTOR REPORTS
6.6OTHER REQUIRED REPORT(S)
7.PRICING
7.1PRICING
7.2BID PRICES
7.3NO BEST AND FINAL OFFER
7.4PRICE ADJUSTMENTS
8.EVALUATION AND AWARD
8.1AWARD CRITERIA
8.2EVALUATION PROCESS
8.3BID EVALUATION AND AWARD
8.4SELECTION OF APPARENT SUCCESSFUL BIDDER(S)
8.5NOTIFICATION OF APPARENT SUCCESSFUL BIDDER(S)
APPENDIX A PROTEST PROCEDURE
PART II MODEL CONTRACT
1.OVERVIEW
1.1CONTRACT SCOPE
1.2CONTRACT SCOPE AND MODIFICATIONS
1.3RECITALS
1.4ESTIMATED USAGE
1.5CONTRACT TERM
1.6PURCHASERS
2.CONTRACT ADMINISTRATION
2.1OSP CONTRACT ADMINISTRATOR
2.2ADMINISTRATION OF CONTRACT
2.3CONTRACTOR SUPERVISION AND COORDINATION
2.4POST AWARD CONFERENCE
2.5CONTRACT MANAGEMENT
2.6CHANGES
2.7STATEWIDE VENDOR PAYMENT REGISTRATION
2.8SALES & SUBCONTRACTOR REPORTS
2.9OTHER REQUIRED REPORT(S)
2.10WASHINGTON’S ELECTRONIC BUSINESS SOLUTION (WEBS)
3.PRICING
3.1PRICE PROTECTION
3.2NO ADDITIONAL CHARGES
3.3PRICE ADJUSTMENTS
4.CONTRACTOR QUALIFICATIONS AND REQUIREMENTS
4.1ESTABLISHED BUSINESS
4.2DOCUMENTATION OF FUEL SUPPLY
4.3USE OF SUBCONTRACTORS
4.4SUBCONTRACTS AND ASSIGNMENT
4.5CONTRACTOR AUTHORITY AND INFRINGEMENT
4.6MATERIALS AND WORKMANSHIP
4.7MERCURY CONTENT AND PREFERENCE
5.DELIVERY REQUIREMENTS
5.1ORDER FULFILLMENT REQUIREMENTS
5.2SHIPPING AND RISK OF LOSS
5.3DELIVERY
5.4SITE SECURITY
5.5INSPECTION AND REJECTION
5.6TITLE TO PRODUCT
5.7HAZARDOUS MATERIALS
6.PAYMENT
6.1ADVANCE PAYMENT PROHIBITED
6.2IDENTIFICATION
6.3PAYMENT, INVOICING AND DISCOUNTS
6.4TAXES, FEES AND LICENSES
6.5OVERPAYMENTS TO CONTRACTOR
6.6AUDITS
7.QUALITY ASSURANCE
7.1RIGHT OF INSPECTION
7.2CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS
7.3WARRANTIES
7.4COST OF REMEDY
8.INFORMATION AND COMMUNICATIONS
8.1ADVERTISING
8.2RETENTION OF RECORDS
8.3PROPRIETARY OR CONFIDENTIAL INFORMATION
8.4NON-ENDORSEMENT AND PUBLICITY
9.GENERAL PROVISIONS
9.1GOVERNING LAW/VENUE
9.2SEVERABILITY
9.3SURVIVORSHIP
9.4GIFTS AND GRATUITIES
9.5IMMUNITY AND HOLD HARMLESS
9.6PERSONAL LIABILITY
9.7INSURANCE
9.8INDUSTRIAL INSURANCE COVERAGE
9.9NONDISCRIMINATION
9.10OSHA AND WISHA REQUIREMENTS
9.11ANTITRUST
9.12WAIVER
10.SPECIAL PROVISIONS
10.1CONTRACT PRICING
10.2DELIVERY RECEIPTS
10.3 INVOICING
10.4ORDERING PROCEDURES, DELIVERY AND RESPONSE TIME
10.5HOURS OF OPERATION
10.6INVENTORY
10.7FUEL REQUIREMENTS
10.8OIL REQUIREMENTS, MOSES LAKE
10.9AVIATION FUEL AND FIRE SAFETY TRAINING AND OTHER TRAINING REQUIREMENTS
10.10PRODUCT QUALITY
10.11TAX EXEMPT FORMS
10.12FUEL ALLOCATIONS
11.DISPUTES AND REMEDIES
11.1PROBLEM RESOLUTION AND DISPUTES
11.2ADMINISTRATIVE SUSPENSION
11.3FORCE MAJEURE
11.4ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS
11.5NON-EXCLUSIVE REMEDIES
11.6LIMITATION OF LIABILITY
11.7FEDERAL FUNDING
11.8FEDERAL RESTRICTIONS ON LOBBYING
11.9FEDERAL DEBARMENT AND SUSPENSION
12.CONTRACT TERMINATION
12.1MATERIAL BREACH
12.2OPPORTUNITY TO CURE
12.3TERMINATION FOR CAUSE
12.4TERMINATION FOR CONVENIENCE
12.5TERMINATION FOR WITHDRAWAL OF AUTHORITY
12.6TERMINATION FOR CONFLICT OF INTEREST
12.7TERMINATION BY MUTUAL AGREEMENT
12.8TERMINATION PROCEDURE
13.CONTRACT EXECUTION
13.1PARTIES
13.2ENTIRE AGREEMENT
13.3INCORPORATED DOCUMENTS, ORDER OF PRECEDENCE, CONFLICT AND CONFORMITY
13.4LEGAL NOTICES
13.5LIENS, CLAIMS AND ENCUMBRANCES
13.6AUTHORITY TO BIND
13.7COUNTERPARTS
APPENDIX B STANDARD DEFINITIONS
APPENDIX C SPECIFICATIONS
APPENDIX D BID INFORMATION AND BIDDER PROFILE
APPENDIX E PRICE SHEET
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IFB 03610, Aviation Fuel at Moses Lake
Part I Solicitation Document
1.SOLICITATION OVERVIEW
1.1ACQUISITION AUTHORITY
The Washington State Department of General Administration(GA), Office of State Procurement (OSP) issues this Invitation for Bid (IFB) acting under the authority of its enabling legislation Revised Code of Washington (RCW) 43.19which establishes GA and regulates the manner in which state agencies may acquire general goods and services.
1.2STANDARD DEFINITIONS
See section Appendix B Standard Definitions
1.3CONTRACT FORMATION
A Bid submitted in response to the Solicitation is an offer to contract with the Office of State Procurement (OSP). A Bid becomes a contract only when legally awarded and accepted in writing by the OSP.
1.4MODEL CONTRACT
A Model Contract has been included as Part II. In many instances, the bid 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. Any modifications or contingencies submitted by the Bidder will not be accepted. The OSP, at its sole discretion, reserves the right to negotiate improvements to the lowest Responsive, Responsible Bidder’s Response.
The Successful Bidder will be expected to execute the Contract within three (3) Business Days of its receipt of the final Contract. If the selected Bidder fails to sign the Contract within the allotted three (3) Business Days time frame, the OSP may consider the Successful Bidder to be non-responsive and elect to cancel the award, and award the Contract to the next ranked Bidder, or cancel or reissue this solicitation (seesection 1.7, Right to Cancel). Bidder’s submission of a Response to this solicitation constitutes acceptance of these contract requirements.
1.5SOLICITATION AMENDMENTS
Prior to submittal due date and time, the OSP reserves the right to change portions of this IFB. 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 IFB, whichever document was issued last in time shall be controlling. Only Bidders who have properly registered and downloaded the original solicitation directly via Washington’s Electronic Business Solutions (WEBS)system will receive notification of amendments and other correspondence pertinent to the procurement.
1.6INCORPORATION OF DOCUMENTS INTO CONTRACT
This Solicitation document, any subsequent Amendments and the Bidder’s Response will be incorporated into the resulting Contract.
1.7RIGHT TO CANCEL
The OSP reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.
1.8NON-ENDORSEMENT AND PUBLICITY
In selecting a Bidder to supply aviation fuel and related services to the State of Washington Purchasers, neither the OSP nor the Purchasers are endorsing the Bidder’s Products or Services, nor suggesting that they are the best or only solution to their needs. See alsosection 8.4 NON-ENDORSEMENT AND PUBLICITY of the Model Contract.
1.9IN-STATE PREFERENCE/RECIPROCITY
Pursuant to RCW 43.19.700, RCW 43.19.702, RCW 43.19.704 and WAC 236-48-085, the Department of General Administration has established a schedule of percentage increases to be added to Bids from Bidders in states that grant a preference to Contractors located in their state or for goods manufactured in their state. The percentages related to each respective state are provided in the Reciprocity List located at and apply only to Bids received from those states listed.
The appropriate percentage will be added to each Bid bearing the address from a state with in-state preferences rather than subtracting a like amount from Washington State Bidders.
This action will be used only for analysis and award purposes. In no instances shall the increase be paid to a Bidder whose Bid is accepted and awarded a Contract.
1.10MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES (MWBE)
In accordance with the legislative findings and policies set forth in RCW 39.19, the State of Washington encourages participation in all of its Contracts by Minority and Woman Owned Business Enterprise (MWBE) firms either self-identified or certified by the Office of Minority and Women’s Business Enterprises (OMWBE). While the state does not give preferential treatment, it does seek voluntary participation to include equitable representation from the minority and women’s business community.
Participation may be either on a direct basis in response to this Solicitation or as an MWBE Subcontractor to a Contractor. However, unless required by federal statutes, regulations, grants, or Contract terms referenced in the original Solicitation, no preference will be included in the evaluation of Bids and Proposals, no minimum level of MWBE participation shall be required as condition for receiving an award, and Bids and Proposals will not be evaluated, rejected or considered non-responsive on that basis. Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the original Solicitation will apply. Bidders may contact Office of Minority and Woman Owned Business Enterprise (OMWBE) to obtain information on certified firms for potential sub-contracting arrangements.
The actions described in this section should supplement efforts to provide information to all qualified firms, and nothing in this section is intended to prevent or discourage theBidders/Proposers/Contractors from inviting bids or proposals for participation from non-MWBE firms as well as MWBE firms.
Voluntary Efforts Bidders/Proposers/Contractors are encouraged to:
- Break down total requirements into smaller tasks or quantities, where economically feasible, in order to permit maximum participation by MWBE’s and other small businesses.
- Establish delivery schedules, where the requirements of this contract permit, that encourage participation by MWBE’s and other small businesses.
- Reduce bonding requirements where practicable.
- Utilize the services of available minority community organizations, minority contractor groups, local minority assistance offices and organizations that provide assistance in the recruitment and placement of MWBE’s and other small businesses.
- Advertise for subcontractors or suppliers in a manner reasonably designed to provide MWBE’s capable of performing the work with timely notice of such opportunities. All advertisements should include a provision encouraging participation by MWBE firms. Advertising may be done through general advertisements or by soliciting bids/proposals directly from MWBE’s.
Bidders who are MWBE or intend to use MWBE Subcontractors are encouraged to identify the participating firm on Appendix D Bidder Profile. See also section 7.5 MINORITY AND WOMEN’S BUSINESS ENTERPRISE (MWBE) PARTICIPATION of the Model Contract.
With each invoice for payment and within thirty (30) days of Purchasers request, Contractor shall provide Purchaser an Affidavit of Amounts Paid. The Affidavit of Amounts Paid shall either state that Contractor still maintains its MWBE certification, or state that its Subcontractor(s) still maintain(s) its/their MWBE certification(s) and specify the amounts paid to each certified MWBE Subcontractor under this Contract. Contractor shall maintain records supporting the Affidavit of Amounts Paid in accordance with this Contract’s Retention of Records section.
2.SUMMARY OF OPPORTUNITY
2.1BACKGROUND
This Contract is a replacement for Washington State Contract #11704 for Aviation Fuel at Moses Lake. This Contract is used by Big Bend Community College (BBCC). Total estimated annual purchase is about 62,900 gallons of aviation fuel valued at about $210,000 for initial two-year term of the contract.
2.2PURPOSE
The purpose of this solicitation is to establish a contract for the as-needed purchase of aviation fuel delivered into state agency; higher education and political subdivision aircraft at MosesLake.
2.3CONTRACT SCOPE
See section 1.1CONTRACTSCOPEof the Model Contract.
2.4PURCHASERS
See section 1.6PURCHASERSof the Model Contract.
2.5CONTRACT TERM
See section 1.5CONTRACT TERM of the Model Contract.
2.6ESTIMATED USAGE
See section 1.4ESTIMATED USAGEof the Model Contract
2.7EXPECTED RESULT
OSP seeks to acquire the purchase of aviation fuel related servicessupplier at MosesLakethat best meets customer needs and offers best value.
2.8AWARD
Only one (1) successful Bidder will be identified via this procurement to supply aviation fuel to state agency and participating political subdivision aircraft located and/or fueled at MosesLake. However, the state encourages voluntary use of minority/woman owned business enterprises (MWBE) as subcontractors.
3.TIMELINE
3.1PROCUREMENT SCHEDULE
The dates listed below represent the projected procurement schedule. The OSP 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 General Administration’s Washington Electronic Business Solution (WEBS) who downloaded this IFB from WEBS.
Changes to the Procurement Schedule after Bid Opening may be communicated to all bidders reflecting the change.
Projected Schedule of Events:
Date/Time / EventJune 10, 2010 / Issue Rebid Solicitation document (Available for download from )
July 19, 2010 / Deadline for Bidder Questions, Comments, and Complaints
July 7, 2010 / Bidder Pre-Bid Conference [see section 3.2 for location/directions, etc.]
As necessary / Amendment issued, if applicable (bidders should begin checking the website for any amendments)
July 21, 2010 / Bids Due and Evaluation Begins
August 1, 2010 / Anticipated announcement of Apparent Successful Bidder
September 1, 2010 / Anticipated contract start
NOTE: Bid information, including price sheets, will not be available for public disclosure until after award of the contract consistent with RCW 43.19.1911(8). At bid due date and time, only the name of the Bidder and time of Bid receipt will be read aloud. After award, information regarding results of the solicitation may be obtained by contacting the Procurement Coordinator.