Page 1 of 7 1. EXPLANATIONS TO CONTRACTORS A. The Final Proposal shall be in the form of a sealed bid. Any Bidder desiring an explanation or interpretation of the bidding documents must make a request in writing to the person designated on the Request for Final Proposals (RFFP) no later than seven (7) days before the bid due date. Oral explanations or instructions given before the award of the Contract will not be binding. Any information given to a Bidder concerning this solicitation will be furnished promptly to all other Bidders as an addendum to the solicitation if the information is necessary in submitting bids or if the lack of it would be prejudicial to other prospective Bidders. 2. PREPARATION OF BIDS A. Bids must be submitted on the form furnished by the Owner or on copies of those forms, and manually signed in ink. B. Bidders shall submit bids in the format provided in the Bid Form. Only the amounts and information asked for in the Bid Form furnished will be considered as the bid. All blank spaces must be filled in. C. Bidder shall acknowledge receipt of all addenda by identifying the addendum number in the space provided on the Bid Form. 3. COEFFICIENTS A. The Bidder shall submit separate coefficients as set forth on the Bid Form for work to be performed during standard weekday, nonstandard weekday, and nonstandard weekend and holiday hours, at the following locations: University of Washington, Seattle, Tacoma and Bothell campuses; University of Washington Medical Center; University of Washington Health Sciences Center; Harborview Medical Center; other locations in San Juan, Kitsap, Pierce, Kittitas and Whatcom Counties (including Western Washington University and Central Washington University); and University of Washington Friday Harbor Labs; B. These Coefficients are to be bid by the Bidder as the factors that will be used to multiply the price for each priced item obtained from the specified Unit Price Book. The City Cost Index should not be included in the Coefficients, but will be used to multiply the price for each priced item on individual Work Orders. The Coefficients are further described in the Contract Documents.
Page 2 of 7 C. Standard or normal working hours shall be Monday through Friday between 7:00AM and 5:00PM. D. Nonstandard weekday hours shall be Monday through Friday between 5:00PM and 7:00AM. E. Nonstandard weekend or holiday hours shall be defined as those hours to be worked on Saturday, Sunday, or a Holiday. 4. SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK A. Bidder acknowledges that for each individual Work Request, it must take steps necessary to ascertain the nature and location of the work, and that it must investigate and satisfy itself as to the general and local conditions which can affect the work or its cost, including but not limited to: 1. Conditions bearing upon transportation, disposal, handling and storage of materials; 2. Availability of labor, water, electric power and access; 3. Conformation and conditions of the grounds and facilities; 4. Character of the equipment and facilities needed preliminary to and during the work. 5. Character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, unless other information is provided by Owner upon which Bidder may rely. B. Any failure of the Bidder to take the actions described and acknowledged in this paragraph will not relieve the Bidder from responsibility for properly estimating the difficulty and cost of successfully performing the work. 5. TAXES A. Washington State Sales Tax shall be added to each Work Order and therefore should not be included in the bid coefficient(s). The Business and Occupation Tax (B&O) shall be included in Bidder s coefficient.
Page 3 of 7 6. SUBMISSION AND WITHDRAWAL OF BIDS A. Bids must be submitted in sealed envelopes or packages (1) addressed to the office specified in the RFFP and (2) show the project title, bid opening date and time, and name and address of the Bidder. B. Receipt of bids and bid modifications by facsimile, telephone, e-mail, or orally will not be considered. C. A Bidder may withdraw its bid by submitting a written request before the bid submittal deadline. The Owner will return the bid unopened after Contract Award. 7. LATE SUBMISSIONS A. Any bid, bid modification or request to withdraw a bid which is received after the deadlines set forth herein will not be considered. B. The only acceptable evidence to establish the time of receipt at the office designated in the RFFP is the time/date stamped or printed by Owner on the bid wrapper or other documentary evidence of receipt maintained by Owner. 8. BID EVALUATION A. Bids which are incomplete, or which are conditioned in any way, or which contain alterations, erasures, or items not called for in the Bid Form, or which are not in conformity with the law or with these Instructions, shall be rejected as nonresponsive if the irregularity is material and may be rejected even in the event the irregularity is considered immaterial. Failure to submit the Bid Form within the allotted time as described in the RFFP shall render the entire bid nonresponsive. The Owner may reject any bid that includes Coefficients that are excessively unbalanced (either above or below the amount of a reasonable Coefficient) to the potential detriment of the Owner. B. A discrepancy between the Coefficient bid amount and the Extension bid amount for that item shall be resolved by Owner accepting the Coefficient bid amount as correct and making any necessary adjustment in the corresponding Extension bid amount, as well as the total Composite Coefficient. C. Owner reserves the right to reject any or all bids and to waive any informalities or nonmaterial irregularities in the bids received.
Page 4 of 7 9. DETERMINATION OF LOW BIDDER A. The Bid with the low Composite Coefficient (adding together the coefficients multiplied by their evaluation weight) shall be awarded 20 points. A bid within 5% of the Low bid will be awarded 18 points. Bids within 10% of the low bid will be awarded 16 points. Bids within 15 % of the low bid will be awarded 14 points. Any bid exceeding 15% of the low bid will receive zero points. B. The low bid shall be computed as follows: [(bid being evaluated low bid)/low bid)] x 100 = %. C. The firm with the highest scoring total proposal resulting from the evaluation committee s evaluation of qualifications identified in the RFP, the interview, and the coefficient pricing in the Final Proposal/bid may, at Owner s option, be selected as the JOC Contractor. 10. BID GUARANTEE Bidder shall furnish a bid guarantee in the form of a firm commitment, such as bid bond, postal money order, cash or cashier s check payable to Owner, in the amount of at least $5,000, which is 5% of the guaranteed minimum volume of work under the JOC Contract of $100,000. Owner reserves the right to hold the bid guarantees of all bidders until the highest scoring proposer has entered into the Contract and furnished the required bonds and insurance certificates to the Owner, or for a period of 60 days, whichever is the shorter time. 11. LOW RESPONSIBLE BIDDER A. It is the intent of Owner to award a contract to the highest scoring proposer. Before award, the Bidder must meet the following Bidder responsibility criteria to be considered a responsible Bidder. The Bidder may be required by the Owner to submit documentation demonstrating compliance with the criteria. The Bidder must: 1. Have a current certificate of registration in compliance with chapter 18.27 RCW, which must have been in effect at the time of bid submittal; 2. Have a current Washington Unified Business Identifier (UBI) number; 3. If applicable: a. Have Industrial Insurance (workers compensation) coverage for the Bidder s employees working in Washington, as required in Title 51 RCW;
Page 5 of 7 b. Have a Washington Employment Security Department number, as required in Title 50 RCW; c. Have a Washington Department of Revenue state excise tax registration number, as required in Title 82 RCW. 4. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3). 5. Not have been found out of compliance by the Washington state apprenticeship and training council for working apprentices out of ratio, without appropriate supervision, or outside their approved work processes as outlined in their standards of apprenticeship under chapter 49.04 RCW for the one-year period immediately preceding the first date of advertising for this project. B. In addition to the Bidder responsibility criteria above, the Bidder must also meet the following relevant supplemental Bidder responsibility criteria: 1. Performance Evaluations: The Bidder shall not have received one or more overall evaluations of Deficient or Inadequate as part of the Owner s Contractor Performance Evaluation Program. 2. Debarment by Owner: The Bidder shall not be currently debarred by the Owner from contracting with the Owner for having received overall evaluations of their performance of Deficient or Inadequate on three or more projects or work orders of the Owner physically completed during the preceding five (5) year period. C. As evidence that the Bidder meets the Bidder responsibility criteria in paragraph B above, the highest overall rated Bidder must submit documentation as may be required below to the Owner within 48 hours of the bid submittal deadline. The Owner reserves the right to request such documentation from other Bidders also. 1. Performance Evaluations: The Owner shall use its own records of the Contractor s Performance Evaluation Reports on previous projects and Work Orders to evaluate the Bidder s compliance with this criterion. The Bidder is not required to submit any documentation for this item, unless the Bidder has information different from the Owner s records. 2. Debarment by Owner: The Owner shall use its own records of debarment to evaluate the Bidder s compliance with this criterion. The Bidder is not required to submit any documentation for this item, unless the Bidder has information different from the Owner s records.
Page 6 of 7 D. If the Owner determines the Bidder does not meet the Bidder responsibility criteria in paragraph B above and is therefore not a responsible Bidder, the Owner shall notify the Bidder in writing with the reasons for its determination. If the Bidder disagrees with this determination, it may appeal the determination within (24) twenty four hours of receipt of the Owner s determination by presenting additional information to the Owner. The Owner will consider the additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Owner will not execute a contract with any other Bidder until two business days after the Bidder determined to be not responsible has received the final determination. 12. FEDERAL EXCLUSION REQUIREMENTS By submitting a bid for this work, Contractor hereby represents and warrants that it is not and at no time has been, excluded, suspended, or barred from participation in, or otherwise sanctioned by any federally funded health care program, including Medicare and Medicaid. Contractor hereby agrees to immediately notify the Owner of any threatened, proposed, or actual exclusion, suspension, or debarment from any federally funded health care program, including Medicare and Medicaid. Individuals or entities that are excluded by the Office of the Inspector General from working on federally-funded programs will not be permitted to work on Work Orders issued under the Job Order Contract. If a contractor, including any subcontractors or suppliers, is found to be barred by the OIG, that contractor shall immediately be excluded from the jobsite and the Owner will not be responsible for any damage or delay resulting from such exclusion. Contractor should check the exclusion program of the OIG to verify that neither it nor its subcontractors or suppliers appear on the database. The database may be accessed through the OIG website at: www.oig.hhs.gov. Upon receipt of a notice of award of contract from the Owner, Contractor shall submit a list of subcontractors and suppliers for review by Owner. 13. UNIVERSITY OF WASHINGTON S CORPORATE COMPLIANCE PLAN University of Washington s Medical Center s and Harborview Medical Center s Corporate Compliance Plans are designed to ensure that the Hospitals comply with federal, state, and local laws and regulations. They focus on the promotion of good corporate citizenship, including a commitment to uphold the highest standard of ethical and legal business practices, and the prevention of misconduct. Contractor agrees to conduct all business transactions that occur pursuant to the contract to be executed based on this solicitation in accordance with all applicable laws, regulations, and Hospital compliance policies, and ensure that Contractors,
Page 7 of 7 its officers, employees and agents do the same. Any major compliance violations would be considered a material breach of the contract to be executed based on this solicitation. 14. CONTRACT EXECUTION The successful Bidder shall submit the executed JOC Contract, insurance certificates and bonds within seven (7) days after receipt of the JOC Contract. If the successful Bidder fails to sign all contractual documents or provide the bonds and evidence of insurance as required or return the documents within (7) seven days after receipt of the JOC Contract, Owner may terminate the award of the JOC Contract. The bid guarantee may be retained by Owner as liquidated damages and not as a penalty. END OF SECTION 00 21 13