Part I THE MODEL SOLICITATION



FOLLOWING IS THE REPOSTED IFB 02112 FOR PLUMBING REPAIR PARTS.

Major changes from the initial posting include:

• The Bid due date is extended to April 10, 2012.

• Appendix B - Market Basket Pricing Submittal is updated to reflect products currently available. Please advise the Contract Specialist immediately if an item in the Market Basket is not correctly or adequately labeled, or the product is no longer available.

Several changes were made throughout the IFB. Please read the IFB in its entirety.

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STATE OF WASHINGTON

DEPARTMENT OF DEPARTMENT OF ENTERPRISE SERVICES

OFFICE OF STATE PROCUREMENT

1500 Jefferson St. SE, Olympia WA 98504-1017



REQUEST FOR PROPOSAL (RFP)

REPOST OF

Plumbing Repair Parts

|RFP/Contract Number |Pre-Proposal Conference Date & Time |Revised Proposal Due Date and Time |

|00712 Repost |2/23/12 at 10:00 PM |4/10/2012 at 2:00 PM |

Dave Scott

Contracts Specialist

Phone (360) 407-9424

Fax (360) 586-2426

E-mail: David.Scott@des.

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To request this information in alternative formats call (360) 902-7400.



THE PRE-PROPOSAL CONFERENCE LOCATION

and

PROPOSALS MUST BE RECEIVED & STAMPED ON OR BEFORE THE DUE DATE AND TIME AT THIS LOCATION

DEPARTMENT OF ENTERPRISE SERVICES

OFFICE OF STATE PROCUREMENT

1500 Jefferson St. SE

Olympia WA 98501

Attention: Bid Clerk, Scott Edwards, 407-9397/902-7400

PART ONE – RFP INFORMATION 4

1. ANNOUNCEMENT AND SPECIAL INFORMATION 4

1.1. INTRODUCTION 4

1.2. ECONOMIC AND ENVIRONMENTAL GOALS 4

2. SUMMARY OF OPPORTUNITY 5

2.1. PURPOSE 5

2.2. PURCHASERS 5

2.3. CONTRACT TERM 5

2.4. ESTIMATED USAGE 5

2.5. ADDITIONAL ITEMS ADDED TO THE CONTRACT 6

2.6. AWARD 6

2.7. NO COSTS OR CHARGES 6

2.8. NO BEST AND FINAL OFFER 6

3. RFP OVERVIEW 6

3.1. ACQUISITION AUTHORITY 6

3.2. RFP AMENDMENTS 6

3.3. CONTRACT FORMATION 6

3.4. INCORPORATION OF DOCUMENTS INTO CONTRACT 6

3.5. RIGHT TO CANCEL 7

3.6. NON-ENDORSEMENT AND PUBLICITY 7

4. TIMELINE 7

4.1. PROCUREMENT SCHEDULE 7

4.2. PRE-PROPOSAL CONFERENCE 7

5. PREPARATION OF PROPOSAL 8

5.1. AUTHORIZED DEALER 8

5.2. SERVICE EXPECTATIONS 8

5.3. ORDER FULFILLMENT REQUIREMENTS 8

5.4. SUBMITTAL INFORMATION 9

5.5. PROPOSAL OPENING PROTOCOL 10

5.6. CONTRACT INFORMATION AVAILABILITY AFTER AWARD 11

5.7. PROPOSAL PRICE 11

5.8. PRICE ADJUSTMENT 11

5.9. MISCELLANEOUS EXPENSES 11

6. EVALUATION AND AWARD 11

6.1. EVALUATION 11

6.2. INITIAL DETERMINATION OF RESPONSIVENESS 12

6.3. SUBMITTAL EVALUATION 13

6.4. AWARD 15

6.5. NOTIFICATION OF AWARD 15

PART TWO – CONTRACT INFORMATION 16

APPENDICES PAGE 18

BIDDER’S CHECKLIST 18

AUTHORIZED OFFER 20

PART ONE – RFP INFORMATION

ANNOUNCEMENT AND SPECIAL INFORMATION

1. INTRODUCTION

This document contains:

• Part One – Information concerning the Proposal, procedures, timelines, and submittals,

• Part Two – Contract Information, and

• Appendices.

All three parts listed above will be included in the final Contract. By responding to this RFP, a vendor certifies that they have read, understood and accepted all information contained within this entire document.

This document, incorporated documents, any Amendments, the submitted Proposal, and the Award Letter will form the contractual agreement between the State of Washington, Department of Enterprise Services (DES), Office of State Procurement (OSP) and the awarded Contractor(s), when countersigned by OSP. The signature page, titled “Authorized Offer and Contract Signature Page” is the last page of this document, which must be signed and returned with the Proposal.

Registration with Washington Electronic Business Solution (WEBS) at ga.webs is necessary to download this RFP. Once the RFP is downloaded from WEBS, the system sends email notification of any Amendment(s) posted for this RFP.

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 RFP:

• Support for a diverse supplier pool, including small, Minority and Women-Owned Business Enterprises (MWBE). Voluntary numerical goals of MBE 3 % and WBE 3% has been established for this RFP. Achievement of these goals is encouraged, whether directly or through subcontractors. Vendors 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.

SUMMARY OF OPPORTUNITY

3. PURPOSE

The purpose of this RFP is to establish a statewide Contract for the purchase and delivery of various Plumbing Repair Parts. This Contract replaces Plumbing Repair Parts Contract 02805.

The state reserves the right to Bid separately large volume purchases or Contract for a specific item or group of items.

4. PURCHASERS

General Use

The 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. This Contract will also be available for use by Oregon’s Department of Administrative Services Cooperative Purchasing Program (ORCPP).

While use of the Contract by Political Subdivisions and Non-Profit Corporations that are members of the WSPC and ORCPP members is optional, the Office of State Procurement 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. The Office of State Procurement accepts no responsibility for orders or payment by WSPC members.

If Bidder agrees to extend the Contract to the State of Oregon ORCCP/DASCPP members, then indicate any percent increase to the Proposal pricing to accommodate additional freight costs to Oregon locations in Appendix C - Bidder Profile.

A list of WSPC members is available at:

A list of current authorized ORCPP members is available at:

5. CONTRACT TERM

The initial term of this Contract is two years from the effective date of this Contract as written by OSP on the signed Contract Signature Page. OSP, at its sole discretion, may extend this Contract for additional terms upon written notice to the Contractor.  The total Contract term, including the initial term and all subsequent extensions, shall not exceed six years unless an emergency exists and/or special circumstances require a further extension. 

6. ESTIMATED USAGE

Based on past usage from 2011, the purchase estimate over the initial two-year term of the Contract may approximate $4,200,000. This estimate may assist vendors in preparing their Proposal. Orders are only on an as needed basis.

Neither OSP nor the Purchasers represent or guarantee any minimum purchase.

7. ADDITIONAL ITEMS ADDED TO THE CONTRACT

During the term of this Contract, with mutual agreement with the Contractor, OSP may add related products or manufacturers to this Contract provided the Contractor maintains the same pricing structure/profit margin as was established on the original Contract. These additional products must not significantly affect the volume or scope of the Contract and will be in response to Purchaser requests. OSP will issue Amendments to the Contract to cover such additional items as needed.

8. AWARD

OSP intends to award one Contract, statewide as a result of this RFP.

9. NO COSTS OR CHARGES

Costs or charges under the proposed Contract incurred before the Contract’s full execution will be the sole responsibility of the vendor.

10. NO BEST AND FINAL OFFER

OSP reserves the right to make an award without further discussion of the Proposal submitted; i.e., there will be no best and final offer request. Therefore, the submitted Proposal defines the most favorable terms that vendor intends to offer.

RFP OVERVIEW

11. ACQUISITION AUTHORITY

OSP issues this RFP acting under the authority of its enabling legislation and the Revised Code of Washington (RCW) 43.19, which establishes DES and regulates the manner in which state agencies may acquire general goods and services.

12. RFP AMENDMENTS

Prior to Proposal due date and time, OSP reserves the right to change portions of this RFP. Any changes or corrections will be by one or more written Amendment(s). All changes require authorization and issuance in writing by OSP. If there is any conflict between Amendments, or between an Amendment and the RFP, the last published Amendment will be controlling. Only vendors who have properly registered and downloaded the original RFP directly via WEBS system will receive notification of Amendments and other correspondence pertinent to the procurement.

13. CONTRACT FORMATION

A Proposal submitted to this RFP is an offer to Contract with OSP. A Proposal becomes a Contract when legally awarded by OSP signature.

14. INCORPORATION OF DOCUMENTS INTO CONTRACT

This RFP document, any subsequent Amendments, the vendor’s non-conflicting Proposal (including the “Authorized Offer and Contract Signature Page”), and the Award Letter will be incorporated into the resulting Contract.

15. RIGHT TO CANCEL

OSP reserves the right to cancel or reissue all or part of this RFP at any time as allowed by law without obligation or liability.

16. NON-ENDORSEMENT AND PUBLICITY

In selecting a vendor to supply the Products/Services specified herein to the State of Washington Purchasers, neither OSP nor the Purchasers are endorsing the vendor’s Products or Services, nor suggesting that they are the best or only solution to their needs.

TIMELINE

17. PROCUREMENT SCHEDULE

The dates listed below represent the projected procurement schedule. OSP reserves the right to change the schedule. Notification of changes to the procurement schedule prior to Proposal opening, will be sent electronically to all properly registered users WEBS.

| Date |Time |Event |

|2/16/2012 | |Issue initial RFP |

|2/23/2012 |10:00 AM |Pre-Proposal Conference, Room 2330 |

|3/27/2012 | |Issue Reposted RFP document |

|4/10/2012 |2:00 PM |Proposals Due |

|4/17/2012 | |Anticipated award date |

NOTE: Proposal 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 the Proposal due date and time, only the name of the vendor and time of Proposal receipt are read aloud.

18. PRE-PROPOSAL CONFERENCE

The purpose of the Pre-Proposal Conference is to clarify the RFP as needed and raise any issues or concerns. Bidders are encouraged to attend the optional Pre-Proposal conference at the time and place indicated on the first page of this RFP. Check in with the front desk. They will provide directions to the conference room. Attendance is not mandatory. If interpretations, specifications, or other changes to the RFP are required, the Contracts Specialist will issue an Amendment and post it on WEBS.

Assistance for disabled, blind or hearing-impaired persons who wish to attend is available with prior arrangement with the Office of State Procurement (OSP). Contact the Contract Specialist identified on the first page of this RFP.

For a site map to the Capitol Campus, click

Driving directions and parking information . The 1500 Jefferson Building is shown in the lower right corner of the above map. Parking is located on the west side of the building and across the street to the west of the building.

PREPARATION OF PROPOSAL

19. AUTHORIZED DEALER

Bidder must be an authorized dealer for the goods proposed in the Proposal, and must provide proof of such upon request by the Contracts Specialist within ten days of the request.

20. SERVICE EXPECTATIONS

Upon award, the state expects the successful vendor to:

a) Review the impact of this award and take the necessary steps to ensure adequate coverage and Contract compliance.

b) Assist Purchasers in making the most cost effective purchases offering the greatest value.

c) At the request of the Purchaser, provide site visits (by a qualified representative) at a mutually agreed date and time to assist defining the most appropriate product.

d) Solicit from the Purchaser the expected usage of the equipment.

e) Promote and market the use of this Contract to all eligible Contract Purchasers.

f) Provide electronic notification to the Contracts Specialist of upcoming manufacturer sponsored events related to new technology, product introductions, training seminars, mobile product demonstrations, etc.

g) Take necessary action to ensure that authorized Purchasers will always receive Contract pricing that conforms to Contract term. Upon request, provide Purchasers with price verification documentation to include the manufacturer’s price schedule, which correlates to the date of the order.

21. ORDER FULFILLMENT REQUIREMENTS

Contract Purchasers may place orders against this Contract either in person, electronically, fax or by phone. The following will apply for all issued orders:

a) Bidder must have an on-line catalog that displays available items, descriptions, and pricing. The on-line catalog must allow for on-line ordering.

b) Freight is included in the price except as noted in b) below. No COD deliveries allowed.

c) Contractor will notify the Purchaser within 24 hours of order placement opf any extraordinary freight and/or expediting fees and obtain approval to proceed with the order.

d) There will be no minimum order requirements. However, for total orders under $50.00, freight may be prepaid and added to the invoice.

e) The Contractor will make every effort to ensure the expeditious delivery of all Contract orders. A pattern of prolonged delivery delays may be cause for Contract termination.

f) The Contractor shall provide a “Customer Service” representative who will be responsible for resolving Contract performance issues (including, but are not limited to, order fulfillment delays, receipt of damaged goods, product returns, etc.)

g) Unless special delivery requirements have been pre-arranged and communicated, deliveries are to be off-loaded at Purchaser’s receiving dock or designated job site during the normal work hours (Monday through Friday from 8 AM to 5 PM). The Contractor is responsible for coordinating with Purchasers and carrier(s) the delivery schedule, shipping instructions and location delivery details. If it is determined that order fulfillment could potentially exceed the typical order fulfillment lead-time, then the Contractor shall advise the Purchaser within 24 hours following receipt of the order. In such cases, the Purchaser reserves the right to purchase elsewhere (without being liable for cancellation/restocking fees) should the anticipated delivery lead-time adversely affect project scheduling.

h) Part substitutes are not allowed. All parts must be from the OEM unless the part is no longer available from the manufacturer.

i) Product damaged due to Contractor negligence will be replaced (and expedited) at Contractor’s expense or, if the Purchaser prefers, be noted on the receiving report and deducted from final payment. Additionally, the Contractor responsibility includes; shipping costs, arrangements for pick-up of any defective returns, and arrangements for a pickup to insure freight charge billing to Contractor for defective returns.

j) Should an order include a specialty item(s), the Contractor’s or manufacturer’s restocking fees concerning the specialty item(s) shall be communicated and approved by Purchaser upon receipt of the purchase order. A specialty item means the item is not pre-existing, is of unique fabrication, and it is not likely to be purchased by anyone other than the customer placing the order.

k) All costs for packaging/containers shall be borne by the Contractor. All products shall conform to the provisions set forth in the federal, county, state and city laws for their product, including handling, processing and labeling. Packaging must ensure safe transportation to point of delivery. The Contractor is responsible to verify delivery conditions/requirements prior to the delivery,

22. SUBMITTAL INFORMATION

A. DUE DATE AND TIME

Original hard copy, signed (in ink), sealed Proposals, including the electronic copy, must be received by the time and date as set forth in Section 4.1 PROCUREMENT SCHEDULE at the specified location identified on the first page of this RFP. The official time stamp, provided by the Bid Clerk, will determine time of receipt. If a Proposal is late or received at a location other than that specified, it will 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 Proposal receipt is preserved.

B. PREPARATION

At a minimum, the sealed Proposal package must include a hard copy of all Submittals. An electronic copy of the Proposal package is requested. The Proposal must include the following:

• Authorized Offer and Signature Page (hard copy with original ink signature and an electronic copy in .pdf showing signature)

• Appendix B – Price Submittal (hard copy and electronic copy in MS Excel)

• Other submittals as specified in 6.3 SUBMITTAL EVALUATION

• Amendment(s) Submittals as specified (hard copy and electronic copy)

Appendix C - Bidder Profile Submittal (hard copy and electronic copy in MS Word) is requested. The award will not be issued until the appropriate Bidder Profile is received.

Electronic copy of the Proposal is requested on a CD to be submitted with the Bid in the format used in the RFP, i.e., MS Word, and MS Excel, except, the Authorized Offer and Signature Page which should be a .pdf file, showing the required signature.

In the event that the hard copy and an electronic copy of the Submittals do not agree, the hard copy will prevail.

Hard copy of the Proposal should be legible and completed in ink or with electronic printer or other similar office equipment, and properly signed by an authorized representative of the vendor.

Unsigned Proposals require rejection on opening, unless satisfactory evidence was submitted with the Proposal to clearly establishing the vendor’s desire and intent to be bound by the Proposal, such as a signed cover letter. Incomplete or illegible Proposals may be rejected.

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

C. PROPOSAL IDENTIFICATION AND DELIVERY:

Proposals must be in sealed envelopes, boxes or other method of containment. Sealed Proposals, which includes the electronic copy, should be clearly identified on the outside of the package with the following information to OSP at the address below:

|OSP Address | |Office of State Procurement |

| | |1500 Jefferson St. SE |

| | |Olympia , WA 98501 |

| | |Care of: Scott Edwards, 360-407-9397 |

|RFP number and name | |00712 – Plumbing Repair Parts |

|Proposal Due date and time | |As shown on the face page of this RFP. |

23. PROPOSAL OPENING PROTOCOL

After 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 vendors shall be recorded and made available upon request.  The contents of the Bids will become available once the Contract has been awarded.

24. CONTRACT INFORMATION AVAILABILITY AFTER AWARD

Upon award, electronic notification may be sent to all Bidders. After award, information regarding results of the RFP may be obtained by accessing ga. or by contacting the Contracts Specialist. Vendors may submit a public disclosure request to either schedule an appointment to review the procurement file or obtain specific documents.

25. PROPOSAL PRICE

The price charged by the Contractor is the Contract price in effect at the time of order placement. Failure to identify all costs in a manner consistent with the instructions in this RFP is sufficient grounds for disqualification.

26. PRICE ADJUSTMENT

1. Is at the discretion of the Contract Specialist.

2. May be requested every quarter.

3. Requires sufficient documentation to support the change.

4. The Contractor must notify the Contract Specialist at least three weeks prior to any price change and submit sufficient documentation to support any increase in price.

27. MISCELLANEOUS EXPENSES

Expenses related to day-to-day performance under this Contract, including but not limited to travel, lodging, meals, incidentals will not be reimbursed to the Contractor. However, OSP recognizes that there may be occasions when the Contractor will be required by the Purchaser to travel. In such case, Purchaser must provide written pre-approval of such expenses on a case-by-case basis. Any such reimbursement shall be at rates not to exceed the guidelines for State employees published by the Washington State Office of Financial Management set forth in the Washington State Administrative and Accounting Manual, and not to exceed expenses actually incurred.

EVALUATION AND AWARD

28. EVALUATION

The Contract will be awarded to the lowest Responsive and Responsible vendor based on the highest total points from the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 43.19.1911.

Pursuant to RCW 43.19,1911 (9), consideration of the following determines vendor responsibility:

• The character, integrity, reputation, judgment, experience, and efficiency of the vendor,

• Whether the vendor can perform the Contract within the time specified,

• The quality of performance of previous Contracts or services,

• The previous and existing compliance by the vendor with laws relating to the Contract or services,

• Such other information as may be secured having a bearing on the decision to award the Contract.

During Proposal evaluation, OSP reserves the right to make reasonable inquiry to determine the responsibility of any vendor. Requests may include, but are not limited to, financial statements, credit ratings, references, record of past performance, clarification of vendor’s offer, and on-site inspection of vendor’s or vendor’s subcontractor's facilities. Failure to respond to said request(s) may result in Proposal rejection for non-responsiveness.

No rejection notice will be sent to unsuccessful vendors. Vendors whose Proposals are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

Subject to the provisions of RCW 43.19.1911 and Chapter 200-300, OSP reserves the right to:

1) Waive any informality;

2) Reject any or all Proposals, or portions thereof;

3) Cancel an RFP and re-solicit Proposals;

4) Negotiate with the lowest Responsive and Responsible vendor to determine if that Proposal can be improved for the Purchaser;

5) Award on an all or none consolidated basis taking into consideration “lifecycle costs”; and

6) Award in aggregate when in the best interest of the state.

To aid in the Proposal evaluation process, after Proposal due date and time, OSP may require individual vendors to appear at a date, time and place determined by OSP 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. Such action is not negotiations or an indication of OSP’s intention to award.

29. INITIAL DETERMINATION OF RESPONSIVENESS

OSP initially reviews Proposals to determine, on a pass/fail basis, compliance with Mandatory and administrative requirements as specified herein. Only Proposals having met this requirement will be evaluated further.

Appendix C - Bidder Profile: This is a requested Submittal. Fill out the Bidder Profile and include a hard copy and an electronic copy in MS Word with the Proposal. The award of the contract cannot be made until this form is complete.

OSP reserves the right to determine the level of the Proposal compliance, at its sole discretion, whether vendor’s Proposal is sufficient to pass. If, however, all responding vendors fail to meet any single Mandatory item, OSP may cancel the RFP and reject all Proposals.

30. SUBMITTAL EVALUATION

Based on the requirements of this RFP, only Proposals that pass the Initial Determination of Responsiveness review will be evaluated further.

The basis for the award is a point system. Except for the Market Basket Price Submittal (see below), the average Points assigned by an Evaluation Committee, made up of major users of the current contract and/or contract professionals, as assembled and presided over by the Contract Specialist, will be used to determine the awarded Contractor.

In addition to presiding over the evaluation committee, the Contract Specialist may review the Submittals, provide input, assemble evaluation aids, make changes to the Evaluation Committee, or perform other functions helpful to the Evaluation Committee.

Below is a list of the categories and the associated points:

|POINT ALLOCATION |

|CATEGORIES |POINTS |

|Pricing Procedure |100 |

|Market Basket Price Submittal |500 |

|Store and field sales personnel |100 |

|Training |75 |

|Delivery Time |75 |

|Stock items |150 |

|Total |1,000 |

For each of the categories above, except the Market Basket Price Submittal, provide a written statement or chart or matrix conveying the information requested below.

Pricing Procedure – 100 Points

Using a self-authored document titled “Pricing Procedure,” describe a standardized Pricing Procedure for defining price for the plumbing parts available under this contract. The process must be on-line, straightforward, and verifiable. Clearly state how the Contract sales price is determined, how the price will be presented to the Purchaser, and how variations in the item cost to the Contractor will change the Contract price. This explanation should not to exceed one side of one page. Include pricing for stock items and special order items. Freight for total orders under $50.00 may be invoiced “pre-paid and add” as a separate line item from a location inside Washington State. Freight is to be included in the price for orders that total over $50.00.

Examples of such a Pricing Procedure include:

• A discount(s) off a published catalog price.

• An established price list showing list price and discounted price.

Market Basket Price Submittal – 500 points

Appendix B represents a sample of some of the anticipated items to be purchased through the new contract. Past purchases on Contract 02805 served as a guide in compiling this list and in determining the weighting factor. The OEMs represented in the Market Basket account for more than 70% of the spend in 2010. For the evaluation, the Bid price is multiplied times a weighting factor to take account the relative price and anticipated volume. Using the standardized Pricing Procedure above, price the items in Appendix B –Market Basket Price Submittal. All items in this submittal must be priced. Leaving an item blank is sufficient for rejection of the Bid.

The points given for this category will be pro-rated, with the vendor with the lowest Market Basket Price Submittal Total Weighted Costs receiving 500 points. Other vendors will receive points as follows:

Lowest Total Weighted Costs / other vendor Total Weighted Costs times 500 points

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

Store and Field Sales Personnel - 100 Points

Using a self-authored document titled “Stores and Field Sales Personnel,” list the following:

• List each store in Washington with over-the-counter capability and generally describe the stock available at this location.

• List each location in Washington that does not have over-the-counter capability, i.e., serves only as a warehouse and/or office and generally describe the stock available at this location.

• List the number of employees at each store/warehouse/office, their function, the number of years with the company, and a description of the employee’s expertise.

• List each field sales representative. Include the area served, the number of years in the plumbing supply industry, and a description of their expertise.

Please avoid long-winded descriptions.

Training - 75 Points

Using a self-authored document titled “Training,” describe your current training program and additional training you would provide that would be of value to the Purchasers. Include training that may be available from the OEMs you represent and the individualized training that is site specific.

Delivery time – 75 Points

Using a self-authored document titled “Delivery time,” define the time between the placement of an order and the time the delivery of the item. Elaborate about when the order must be placed to receive optimal delivery. If the delivery time exceeds three days, the Contractor must notify the Purchaser within 24 hours of order placement.

Stock items – 150 Points

Using a self-authored document titled “Stock items,” state the number of items available from stock at in-state warehouses relating to commercial plumbing repair parts. Describe the rational for determining what items are stocked. If there is more than one warehouse location, also include how items are transferred between warehouses.

31. AWARD

A committee representing contract professionals and/or significant users of the previous Plumbing Repair Parts contract will review the Proposals and assign points to the categories listed above, excluding the Pricing Submittal. The maximum number of points available for each category is shown above in a table and in the category description title. The highest total points awarded by the committee plus the points calculated from Appendix B – Pricing Submittal to a responsive and responsible Vendor will determine the awarded Contractor.

32. NOTIFICATION OF AWARD

OSP will notify all vendors responding to this RFP after determining the successful vendor.

PART TWO – CONTRACT INFORMATION

1. PARTIES

This Contract is entered into by and between the State of Washington, acting by and through OSP, and Contractor, an entity licensed to conduct business in the State of Washington. Both parties are more fully described in the “Authorized Offer and Contract Signature Page”, which is a part of this RFP.

The purpose of this Contract is to purchase Plumbing Repair Parts as stated in Part 1, Section 2.1 of this RFP.

2. ENTIRE AGREEMENT

Each of the documents listed below is, by this reference, incorporated into this Contract as though fully set forth herein. The Contract between OSP and the Contractor is comprised of:

• This RFP number 00712, which includes

o Part 1

o Part 2

o Authorized Offer and Contract Signature Page

o Appendices

o Any attachments

• Amendments

• Contractor’s Proposal

• Award Letter, which will include any clarification or changes negotiated.

No other statements or representations, written or oral, are a part of the Contract.

3. ORDER OF PRECEDENCE, CONFLICT AND CONFORMITY

In 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 regulations

b) Mutually agreed written Amendments to this Contract

c) This Contract, Number 00712, as defined in Part 2, Section 2 above.

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.

4. 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) is effective only if it is in writing and signed by the applicable party, 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, or via facsimile or by electronic mail, to the parties at the addresses and fax numbers, e-mail addresses provided in the Authorized Offer and Contract Signature Page attached hereto and incorporated herein. 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 four (4) Business Days after mailing. 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 products or Services provided pursuant to this Contract is served upon Contractor or Purchaser, 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 Purchaser 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.

5. 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 OSP or the Purchaser requests, a formal release of same shall be delivered to the respective requestor.

6. AUTHORITY TO BIND

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

7. 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.

APPENDICES PAGE

Below are embedded the Appendices for RFP 00712 – Plumbing Repair Parts

1. Appendix A – Standard Terms and Conditions, Instructions to Vendors, Definitions, and Protest Procedures

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2. Appendix B – Market Basket Price Submittal (Revised)

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3. Appendix C – Bidder Profile

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BIDDER’S CHECKLIST

|Please use the following checklist to identify the documents to be submitted with each Proposal. Any Proposal received without one or more |

|of these documents may be rejected as being non-responsive. |

|Authorized Offer and Contract Signature Page | |

|Appendix B: Market Basket Price Submittal | |

|Appendix C: Vendor Profile | |

|Pricing Procedure | |

|Store and Field sales personnel | |

|Training | |

|Delivery Time | |

|Stock Items | |

|Amendments as required | |

CERTIFICATIONS AND ASSURANCES

We, the Contractor, make the following certifications and assurances as a required element of the Proposal, 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. We have read, understand, and agree to abide by all information contained in Part One- RFP Information, Part Two – Contract Information, all Appendices and all Amendments.

2. The prices in this Proposal have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other vendor or competitor relating to (i) those prices, (ii) the intention to submit a Proposal, or (iii) the methods or factors used to calculate the prices offered. The prices in this Proposal have not been and will not be knowingly disclosed by the vendor, directly or indirectly, to any other vendor or competitor before Contract award unless otherwise required by law. No attempt has been made or will be made by the vendor to induce any other concern to submit or not to submit a Proposal for the purpose of restricting competition. However, we may freely join with other persons or organizations for the purpose of presenting a single Proposal.

3. The attached Proposal is a firm offer for a period of 120 days following the Proposal Due Date specified in the RFP, and it may be accepted by OSP without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 120-day period. In the case of protest, our Proposal will remain valid for 180 days, or until the protest and any related court action is resolved, whichever is later.

4. In preparing this Proposal, 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 RFP, 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 Proposal. (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 Proposal. All Proposals become the property of the State, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Proposal. Submission of the attached Proposal constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the RFP document.

6. We are not submitting proposed RFP exceptions nor have we altered OSP’s officially posted language. We understand and agree that in the event that our Proposal is altered from OSP’s official language, OSP’s officially posted language controls.

7. We understand that any Contract awarded because of this Proposal will incorporate all the RFP requirements. Submission of a Proposal 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 all Amendments 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 Parts One and Two, all Appendices, and all Amendments of this RFP.

8. By submitting this Proposal, Bidder hereby offers to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this RFP.

AUTHORIZED OFFER

AND

CONTRACT SIGNATURE PAGE

Contract 00712, Plumbing Repair Parts

The authorized signatory below acknowledges having read and understood the entire RFP and agrees to comply with the terms and conditions of the RFP in submitting and fulfilling the offer made in its Proposal and any subsequently awarded Contract.

The signatory below represents that he/she has the authority to bind the entity named below to the Proposal submitted and any Contract awarded as a result of this RFP.

Company Name

Responsible Representative Printed Name and Signature

Mailing Street Address

City, State, Zip Code

Phone Number Fax Number Email Address

+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

CONTRACT AWARD AND SIGNATURE

(For State of Washington Use Only)

A Contract is hereby awarded between the above entity and

The State of Washington, Department of Enterprise Services, Office of State Procurement

This Contract is effective this _____day of ______________, 20 .

Office of State Procurement Authorized Signatures

Responsible Representative Printed Name and Signature (Unit Manager) Date

Responsible Representative Printed Name and Signature (Contracts Specialist) Date

PO Box 98504-1017

Mailing Address

Olympia, WA 98504

City, State, Zip code

360-407-9424 360-586-2426 david.scott@des.

Phone Number Fax Number Email Address

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