How to Submit a Winning Bid Providing Vendors a Window into DES Contracting

1. How to Submit a Winning BidProviding Vendors a Window into DES Contracting By Sylvia Sammons, State of Washington, et.al.

2. Steps to Submitting a Winning Bid • Get to know DES • Register in WEBS • Understand Law and Policy • Seize the Opportunity • Review all documents carefully • Attend any pre-bid conferences offered • Submit questions • Watch for amendments and answers • Prepare a Bid Submittal

3. Get to Know DES Contracting • History • General Administration • Department of Information Services • Department of Personnel • Real Estate Services • Public Works • Current • Master Contracts & Consulting • Agency Contracts & Consulting • Construction and Public Works & Energy Contracting • Real Estate Leasing

4. Get to Know DES Contracting • MCC - Master Contracts & Consulting • "Master contracts" means a contract for specific goods or services, or both, that is solicited and established by the department in accordance with procurement laws and rules on behalf of and for general use by agencies as specified by the department. RCW 39.26.010 • Mission:Deliver best value master contracts and procurement expertise for state and local government and qualifying non-profit organizations.

5. Get to Know DES Contracting • ACCO – Agency Contracting, Consulting and Oversight • One Unit, two functions • Mission: To conduct procurement of goods and services for DES and to provide statewide oversight, training and guidance for the procurement of goods and services subject to chapter 39.26 RCW.

6. DES Contracting Principals • Best value contracting • Open and Fair Competition • Performance-based contracting • Customer driven procurement • Legislative mandates • Lean processes • Small Business Emphasis • Transparency • Total Cost of Ownership

7. Understand Law and Policy • Procurement Reform • Revised Code of Washington • Washington Administrative Code • DES Policies

8. Procurement Reform • What is procurement reform? • When effective • Who it effects • Practical implications for vendors

9. Revised Code of Washington • RCW 39.26 Goods & Services (includes IT) • RCW 39.04 Public Works • RCW 39.80 Engineering & Architectural Services • RCW 43.19 In-state Preference for Print Services • RCW 42.52 Ethics

10. Washington Administrative Code • WAC 200-300 • Protests and appeals • Debarment • WAC 200-300 Small Works Roster • WAC 200-01 Public Records

11. DES Procurement Policies • DES-090-00 – Delegation of Authority • DES-140-00 – Sole Source Contracts • DES-130-00 – Emergency Procurements/Purchases • DES-125-03 – Direct Buy Procurements/Purchases • DES-170-00 – Complaints and Protests • DES-210-01 – Agency Contract Reporting • Topic 7 Draft - protest bonds policy recommendations

12. WEBS • What is WEBS • Who Uses WEBS • Get registered • Vendor Profile • Additional Contacts • Commodity Codes • Geographic Information • Company Information • For more information about WEBS go to: • http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx

13. You’ve Received Notice of a Bid Opportunity, Now What? • Read the solicitation • Take notes • Write down questions • Attend the pre-bid meeting • Ask questions

14. Responsiveness & Responsibility • Timely Submittal • Meets all material Requirements • Acceptance of Terms • Signed Offer

15. Proposal Scoring Responsibility Checks • Ability, Capacity, Skill… • Character, Integrity, Reputation… • Performance Timeliness • Past Performance and Compliance • Other Considerations

16. Proposal Scoring Price Evaluation • Pricing Methodology • Completeness of Pricing • Price Validation • Pricing Errors • Preferences & Reciprocity

17. Proposal Scoring Specification Compliance • Samples and Documentation • Validate Compliance • Performance Testing • Clarification • Unsuccessful Bidder debriefing

18. State Complaints & Protests • Consistent with RCW 39.26.170, all competitive procurements must include an announcement of the ASB(s). • Consistent with RCW 39.26.030, following the announcement of the ASB(s), bid submissions and bid evaluations must be available for public inspection. • The complaint process, including the agency response to complaints, must occur before the deadline for bid submissions. • The protest process must include a protest period after the apparent successful bidder is announced but before the contract is signed.

19. State Complaints • Vendors must be given an opportunity to submit a complaint to the agency based on any of the following: a) The solicitation unnecessarily restricts competition; b) The solicitation evaluation or scoring process is unfair or flawed; or c) The solicitation requirements are inadequate or insufficient to prepare a response. • The complaint may not be raised again during the protest period. • The agency complaint process does not need to include an appeal process.

20. State Protests • After the announcement of the apparent successful bidder (ASB), agencies must offer a debriefing conference to any bidder upon request. • Agencies must give bidders a minimum of at least 3 business days after the ASB is announced to request a debriefing conference. • Agencies can require bidder participation in a debriefing conference as a prerequisite for submitting a protest. • Agencies must give bidders at least 5 business days after their debriefing conference to file a protest.

21. State Protests • The protest process as a minimum, must allow vendors an opportunity to submit a protest based on any of the following: a) A matter of bias, discrimination, or conflict of interest on the part of an evaluator; b) Errors in computing the scores; or c) Non-compliance with procedures described in the procurement document or agency protest process or DES requirements. • Agencies should assign a neutral party that had no involvement in the evaluation and award process to investigate and respond to the protest.

22. The state protest process occurs after the bids are submitted and evaluated State Protests • Agencies must issue a written protest response no more than 10 business days from receipt of the protest, unless additional time is needed. The agency should notify the protesting bidder if additional time is needed. • The agency protest decision is final and no appeal process will be required. If a protesting bidder does not accept the agency protest response, the bidder may try to seek relief from superior court. • At the time that the agency protest response is issued, the agency head and the Department of Enterprise Services Director must be provided a copy of the original protest and the agency's response. • Small and micro agencies that lack staff to address a protest may request assistance from DES.

23. Finalize Contract Finalize Contract • Credential Confirmation • Confirm Mutual Obligations • Incorporate Negotiations • Contract Execution • Implementation

24. Bid Cancelation Bid Cancellation • Solicitation = Commitment to Buy • Exceptions and Requirements • Confidentiality of Bid Responses • Bidder Obligations • Cancel or Rebid?

25. 10 Tips for Better Results Tips for Better Results • Do your Homework learn about plans and previous contracts • Monitor WEBS postings • Contact the solicitation coordinator as soon as possible for clarification and for opportunities to influence the specifications that might exclude you • Scrutinize bid specifications • Attend pre-bid conference • Double check responsiveness • Don’t be late • Use all forms provided • Contact your references and provide current contact information • Make sure your business contact information is current in WEBS the Washington Electronic Business Solution

26. Performance Issue Avoidance Performance Issue Avoidance • Maintain communication with the contract administrator • Survey the contract administrator and customers for key project milestones and demand schedules, e.g. opportunities to purchase with end of year funds • Inform customers of temporary outages on key products to synchronize demand ahead of time • Inform contract administrator and customers of key staff changes (Who is my sales rep. today?) • Inform contract administrator of changes to your website, catalogs, or any third party service providers that affect your customers.

27. State Construction State Construction • Bidders must carefully follow the Instructions to Bidders in the documents • Bid Bond or Bid Security is required • Other details: - Acknowledge any addenda - List major subcontractors - Sign the bid - Be on time

28. State Construction State Construction • Bidders must have a current state of Washington contractors license. • Some specialties require special licenses. • A 100% Payment and Performance bond is required. • An exception can be made for projects less than $35,000. • The performance bond must be submitted before the state will sign the construction contract. • A minimum level of liability insurance will be specified in the bid documents. • Contractors must submit a certificate of insurance before the state will sign the contract.

29. State Construction State Construction • For projects >$1,000,000 a level of 15% apprenticeship participation is required. • The requirement is an aggregate for the overall project based on total labor hours. • Exceptions can be granted for some circumstances. • Most projects have a 10% MBE and 6% WBE voluntary requirement. • DES requests MWBE data for the general and subcontractors on the third monthly invoice and at project completion. • We request data for both certified and self-identified MWBE participation.

30. LNI Requirements • Contractors on public works projects must pay prevailing wages • http://www.lni.wa.gov/TradesLicensing/PrevWage/Policies/default.asplink to State Labor & Industries webpage for prevailing wage policies and determinations • An “Intent to Pay Prevailing Wage” form must be submitted for all trades prior to invoicing for those trades • At the end of the job, the “Affidavit of Wages Paid” form must be submitted for all trades

31. LNI Requirements • What are the filing requirements? • Public works contracts require that each and every employer on the project file the Statement of Intent to Pay Prevailing Wages (Intent), and Affidavit of Wages Paid (Affidavit) Public Works contract form. The forms are filed with L&I and, once they are approved, are submitted by the employer to the agency administering the contract. • Is there a minimum contract amount? • There is no minimum dollar contract amount. That is, Intent and Affidavit forms are required for every public works contract regardless of the size of the contract.

32. LNI Requirements • Where do I file an intent? • The Intent form is filed immediately after the contract is awarded and before work begins, if that is possible. The agency administering the contract may not make any payments until contractors have submitted an Intent form that has been approved by the Industrial Statistician. • When do I file an affidavit? • The Affidavit form is not filed until after all the work is completed. The agency administering the contract may not release final retainage until all contractors have submitted an Affidavit form that has been certified by the industrial statistician.

33. Thank you Thank You Questions? http://www.des.wa.gov/services/ContractingPurchasing/Pages/default.aspx