Request for Quote (RFQ)

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1 Request for Quote (RFQ) Solicitation Title WSDOT Falconstor Gold Maintenance Date Posted 12/26/2013 Solicitation Number Bid Due Date and Time 1/22/2014 4:00 PM (Pacific) Procurement Coordinator Name: Rick Naten Address: Phone Number: Fax Number: N/A Mailing Address (USPS Only) WSDOT Procurement Office PO Box Olympia, WA Physical Address WSDOT- Procurement Office 310 Maple Park Ave. SE Olympia, WA The Procurement Coordinator is the SOLE POINT OF CONTACT for this solicitation. All communication between suppliers and WSDOT shall be with the Procurement Coordinator only. REVISED April 24, 2013

2 Description of Requirement: The Washington State Department of Transportation (WSDOT) is seeking bids for the renewal of FalconStor Gold Maintenance. Specifically, a quote for the below listed maintenance must be provided on the form included in this solicitation package: Description Version Quantity FalconStor CDP Client Package for Server Maintenance v FalconStor CDP Gateway SAK Maintenance v6.1 1 FalconStor CDP Storage Capacity 1 TB Maintenance v FalconStor CDP Storage Capacity 1 TB Maintenance v6.1x 6 FalconStor NSS Storage Capacity 1 TB Maintenance v For direct FalconStor pricing support contact Jill Esposito at or via at jill.esposito@falconstor.com A supplier who is an authorized FalconStor partner, reseller, or distributor may submit a quote. Bidders, if other than the manufacturer, shall provide, on request, valid proof that they are an authorized partner, reseller or distributor and are authorized to sell the manufacturer's products. Failure to provide the manufacturer s authorization on request will result in bid rejection. All items must be new; no refurbished products will be accepted. After bid opening, bids will be checked for correctness of bid item price extensions and the total bid price. A discrepancy between a bid item price and the extended amount of any bid item shall be resolved by accepting the bid item price as stated. If two or more responsible bidders submit responsive bids with identical low total bid prices, The Washington State Department of Transportation will select the successful bidder in a public forum using a random selection process. Vendor Questions: Any questions related to this procurement must be submitted in writing, via , to the WSDOT Purchasing Office at pmmoitpurchasing@wsdot.wa.gov no later than 4:00 PM Pacific Time, Wednesday January 8, Questions will be responded to, via addendum to the original solicitation, no later than 4:00 PM on Thursday January 9, Page 1 of 14

3 Bid Submittal: Suppliers wishing to submit a quote must do so no later than 4:00 PM on Wednesday January 22, Quotes must be submitted on the provided form and must be signed to be accepted. Quotes may be submitted to WSDOT via (preferred), US Postal Service, common carrier, or hand delivered, at the addresses provided below. Regardless of the delivery method used it is the responsibility of the supplier to ensure solicitation response is received by the Procurement Coordinator on or before the designated deadline. Quotes will not be accepted via facsimile. To submit via send to WSDOT Purchasing at pmmoitpurchasing@wsdot.wa.gov. Please reference quote number in the subject line. To submit via United States Postal Service mail to: WSDOT Attn. Purchasing PO Box Olympia, WA Please reference quote number on the outside of the mailing envelope. To hand deliver or submit via Common Carrier (UPS, Fed Ex, etc) deliver to: WSDOT Attn. Purchasing 310 Maple Park Ave. SE, Wing 3B Olympia, WA Please reference quote number on the outside of the delivery envelope. WSDOT will announce their intent to award for this solicitation no sooner than Thursday January 23, 2014 via an to all respondents. WSDOT will announce a formal award for this solicitation no sooner than Wednesday January 29, 2014 via the Washington Electronic Business Solution (WEBS). WSDOT Complaint, Debrief and Protest Procedures and Policy apply (attached). Page 2 of 14

4 Terms and Conditions The following terms and conditions apply in accordance with Washington State Laws and Regulations, and the Washington State Department of Enterprise Services, which are hereby incorporated by reference. Right to Cancel WSDOT reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability. Changes No alteration in any of the terms, conditions, delivery, price, quality, quantities, or specifications of an order resulting from this solicitation will be effective without prior written approval of the WSDOT. Acceptance This Request for Quote and any order resulting from this solicitation expressly limits acceptance to the terms and conditions stated herein. Any terms proposed by Supplier are objected to and hereby rejected, unless otherwise provided for in writing by WSDOT. Brands When a particular brand is specified, it shall be construed solely for the purpose of indicating the standard of quality, performance, or use desired. Brands of equal quality, performance, and use shall be considered, provided Supplier specifies the brand and model and submits descriptive literature. Any bid containing a brand which is not of equal quality, performance, or use specified must be represented as an alternate and not as an equal. Failure to do so shall be sufficient reason to disregard the bid. Rejection All goods or materials purchased herein are subject to written approval by WSDOT. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by WSDOT or returned will be at Supplier s risk and expense. Infringements Supplier agrees to protect and save harmless WSDOT against all claims, suits, or proceedings for patent, trademark, copyright, or franchise infringement arising from the purchases, installation, or use of goods and materials resulting from this solicitation. Supplier assumes all expenses and damages arising from such claims, suits, or proceedings. Warranties Supplier warrants that items supplied as a result of this solicitation conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for the particular purpose. Liens, Claims, and Encumbrances Supplier warrants and represents that all the goods and materials ordered as a result of this solicitation herein are free and clear of all liens, claims, or encumbrances of any kind. Save Harmless Supplier shall protect, indemnify, and save WSDOT harmless from and against any damage, cost, or liability for any injuries to persons or property arising from acts or omissions of Supplier, his employees, Page 3 of 14

5 agents, or subcontractors, howsoever caused. Anti-trust Supplier and WSDOT recognize that in actual economic practice, overcharges resulting from anti-trust violations are in fact borne by WSDOT. Therefore, Supplier hereby assigns to WSDOT any and all claims for such overcharges. Default WSDOT may terminate any order or contract resulting from this solicitation, without penalty or further liability, upon not less than Thirty (30) days prior written notice to Supplier, if Supplier defaults on any provision of the order or contract and fails to cure such default within that Thirty (30) day period, or such longer period, as may be reasonably determined by WSDOT, if Supplier is diligently working to cure the default. Termination In the event of a breach by Supplier of any of the provisions of an order or contract resulting from this solicitation, WSDOT reserves the right to cancel and terminate the contract forthwith upon giving oral or written notice to Supplier. Supplier shall be liable for damages suffered by WSDOT resulting from Supplier s breach of contract. Attorney s Fees In the event of controversy, claim, or dispute arising out of any order or contract resulting from this solicitation for which the Supplier is adjudged by a court of competent jurisdiction to be at fault, Supplier shall pay to WSDOT all attorney s fees, costs and expenses incurred by WSDOT in connection therewith. Add-on By mutual written agreement, additional quantities of items may be purchased within 12 months of the date of award provided the original purchase price, terms, conditions, and specifications remain the same. Add-on purchases shall be submitted to the Supplier using a WSDOT Purchase Order and shall reference the original contract or purchase order. Pricing - Include all Cost Components in Pricing Bidders must identify and include all elements of recurring and non-recurring costs in their pricing. Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, wiring and supplies needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, testing and initial instruction to agency personnel, warranty work and maintenance of the products/services, handling charges such as packing, wrapping, bags, containers, reels; and any processing fees associated with credit card payment. Notwithstanding the foregoing, in the event that market conditions, laws, regulations, or other unforeseen factors dictate, at WSDOT s sole discretion, additional charges may be allowed during the contract term. Purchase Card Acceptance In an effort to streamline the purchasing and payment process, the State is encouraging agencies to use the state contracted purchasing card to facilitate small dollar purchases. While at the present time, it is not mandatory that suppliers accept credit card purchases, we encourage all state suppliers to consider this Page 4 of 14

6 alternate payment process. Any processing fees associated with purchasing card acceptance must be included as an element of the product pricing. Shipping Instructions Unless otherwise specified, all goods are to be shipped prepaid, FOB Destination. Where shipping addresses indicate room numbers; Supplier shall make delivery to that location at no additional charge. Where specific authorization is granted to ship goods FOB shipping point, Supplier agrees to prepay all shipping charges and route as instructed, or if instructions are not provided, route by cheapest common carrier and bill WSDOT as a separate item on the invoice for said charges. Each invoice for shipping charges shall contain the original or a copy of the bill indicating that the payment for shipping has been made. WSDOT reserves the right to refuse COD shipments. Identification All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. Packing lists shall be included with each shipment pursuant to this order, indicating the contents of each package therein. Cash Discount In the event WSDOT is entitled to a cash discount, the period of computations will commence on the date of delivery or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is made part of the contract but the invoice does not reflect the existence of a cash discount, WSDOT is entitled to a cash discount with the period commencing on the date it is determined by WSDOT that a cash discount applies. Payments and Assignments Invoices will not be processed for payment until items invoiced are received. WSDOT will not honor drafts nor accept goods on a sight draft basis. Furthermore, the provisions or monies due under this contract shall only be assignable with prior written approval of WSDOT. Statewide Vendor Payment Registration Suppliers are required to be registered in the Statewide Vendor Payment system, prior to submitting a request for payment under this procurement. Purchasers who are Washington state agencies require registration to be completed prior to payment. The Washington State Office of Financial Management (OFM) maintains a central contractor registration file for Washington State agencies to process contractor payments. To obtain information and registration materials visit the Receiving Payments from the State website. Collection of Retail Sales and Use Taxes In general, Suppliers engaged in retail sales activities within the State of Washington are required to collect and remit sales tax to Department of Revenue (DOR). In general, out-of-state Suppliers must collect and remit use tax to Department of Revenue if the activity carried on by the seller in the State of Washington is significantly associated with Contractor s ability to establish or maintain a market for its products in Washington State. Examples of such activity include where the Contractor either directly or by an agent or other representative: Page 5 of 14

7 Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business; Maintains an in-state inventory or stock of goods for sale; Regularly solicits orders from Purchasers located within the State of Washington via sales representatives entering the State of Washington; Sends other staff into the State of Washington (e.g. product safety engineers, etc.) to interact with Purchasers in an attempt to establish or maintain market(s); or Other factors identified in WAC Department of Revenue Registration for Out-of-State Suppliers Out-of-state suppliers meeting any of the above criteria must register and establish an account with the Department of Revenue. Refer to WAC , and call the Department of Revenue at for additional information. When out-of-state suppliers are not required to collect and remit use tax, Purchasers located in the State of Washington are responsible for paying this tax, if applicable, directly to the Department of Revenue. Public Disclosure of Purchasing Information Per WAC , after bids, quotes or proposals have been received, all such information becomes the property of the purchasing activity and shall not be released or otherwise distributed until after the evaluation has been completed and final award(s) announced. Evaluation team members shall maintain confidentiality of information to ensure the integrity of the process. The purchasing activity assumes no responsibility for the confidentiality of bids, quotes or proposals after award. Any document(s) or information which the bidder believes is exempt from public disclosure per RCW shall be clearly identified by bidder and placed in a separate envelope marked with bid number, bidder's name, and the words "proprietary data" along with a statement of the basis for such claim of exemption. The state's sole responsibility shall be limited to maintaining the above data in a secure area and to notify bidder of any request(s) for disclosure within a period of five years from date of award. Failure to so label such materials or failure to provide a timely response after notice of request for public disclosure has been given shall be deemed a waiver by the bidder of any claim that such materials are, in fact, so exempt. Copies of documents related to this or any other WSDOT procurement that are subject to public disclosure may be requested after the formal award is announced via the Washington Electronic Business Solution (WEBS) by sending an to PublicDisclosureRequests@WSDOT.WA.GOV. When requesting procurement documents be sure to include the name of the procurement coordinator and the solicitation number for the information you are requesting. Gifts The supplier shall comply with all applicable sections of the State Ethics law, RCW 42.52, which regulates gifts to State officers and employees. Under that statute, any State officer or employee who has or will participate with the Supplier regarding any aspect of the Contract involving the purchase of goods or services is prohibited from seeking or accepting any gift, gratuity, favor or anything of economic value from the Supplier. Neither the Supplier nor any agent or representative shall offer anything of economic value as a gift, gratuity or favor directly or indirectly to any such officer or employee. Title VI Notice to the Public It is Washington State Department of Transportation (WSDOT) policy to ensure no person shall, on the grounds of race, color, national origin, or sex, as provided by Title VI of the Civil Rights Act of 1964, be Page 6 of 14

8 excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its federally funded programs and activities. Any person who believes his/her Title VI protection has been violated may file a complaint with WSDOT s Office of Equal Opportunity (OEO). For Title VI complaint forms and advice, please contact OEO s Title VI Coordinator at or Page 7 of 14

9 Solicitation Timeline Date Issued Thursday, December 26, Question Period Ends Wednesday, January 08, :00 PM Answers Provided Thursday, January 09, :00:00 PM Complaint Period Ends Monday, January 13, :00 PM Bids Due Wednesday, January 22, :00 PM Bid Review No sooner than Thursday, January 23, Apparent Successful Bidder Announced No sooner than Thursday, January 23, Debrief Period Ends Tuesday, January 28, :00 PM Protest Period Ends Tuesday, January 28, :00 PM Award announced and purchase order sent to vendor No sooner than Wednesday, January 29, 2014 Changes to the Solicitation Timeline, if necessary, will be announced via an addendum posted to the Washington Electronic Business Solution (WEBS) website. All times are Pacific Please Note: WSDOT will observe National and State Holidays on the following days: Wednesday January 1, 2014 (New Year s Day) Monday January 20, 2014 (Martin Luther King, Jr. Day) - Imbedded Internet URL s Statewide Vendor Number: Department of Revenue: WAC : WAC : Page 8 of 14

10 Do Not Return No Bid Responses SUPPLIER NOTICE: Quotations should be completed in ink and on this form. Unsigned or late quotations will neither be accepted nor returned to the suppliers. Please quote net prices at which you agree to furnish all below goods and services, freight prepaid, FOB destination. Add sales tax as separate item; do NOT include tax in price(s) quoted. By signing below the supplier affirms having read the terms and conditions of this solicitation: agrees thereto, and has stated here on the prices at which he/she shall furnish and deliver. The signature below signifies the name of company principal or his/her agent acting within scope of authority to commit company. Provide unit prices for ALL items identified below. Multiply by the estimated usage quantity shown and insert the total in the subtotal column. Caution: Do not leave any Unit Prices blank. Failure to bid prices for all line items specified may result in a bid being rejected for lack of responsiveness. To ensure consideration, your quotation must be received by the due date shown on this form. If inadequate competition is received or the prices are considered excessive, all quotes may be rejected and additional suppliers be asked to quote. Company Name Address City State Zip Ship To: Washington State Dept. of Transportation South Central Region Information Technology 2809 Rudkin Road Union Gap, WA Quotation Number: Date Solicitation Issued: December 26, 2013 Procurement Coordinator: Rick Naten Date and Time Bids Due: January 22, 2014, 4:00 PM (Pacific Time) Address: pmmoitpurchasing@wsdot.wa.gov Telephone Number: Line item # 1 Part # Description Qty. Unit FalconStor CDP Client Package for Server Maintenance v EA Unit Price Unit Price Extension 2 FalconStor CDP Gateway SAK Maintenance v6.1 1 EA FalconStor CDP Storage Capacity 1 TB Maintenance v6.1 FalconStor CDP Storage Capacity 1 TB Maintenance v6.1x FalconStor NSS Storage Capacity 1 TB Maintenance v EA 6 EA 10 EA Bid Total Supplier Will Allow % Discount for payment within 30 Days OR Supplier Will Accept Credit Card for Payment: Yes No Supplier guarantees delivery, freight prepaid, F.O.B. Destination within days after receipt of order to the shipping address shown above. Shipment will be made from via. Page 9 of 14

11 Print Name and Title: Phone: Federal Tax ID: Signature Date Page 10 of 14

12 Instructions on How to File a Complaint, Request for Debrief, and Protest The purpose of these instructions is to provide a clear and transparent process for vetting issues or concerns with the Washington State Department of Transportation (WSDOT) competitive procurement solicitations. All WSDOT competitive solicitations will be posted in the Washington Electronic Business Solution (WEBS) and will include these instructions. Complaints, requests for debrief, and protests will be: In writing; and delivered either in person, by USPS, courier, or to the Procurement Coordinator identified on the cover page of the solicitation. Signed by the complaining or protesting Bidder, unless sent by . Be submitted and delivered within the time frame outlined in this document. Identified with the WSDOT solicitation number. Identified as Complaint, Request for Debrief, or Protest in the subject line of the correspondence or . Complaint Process The complaint process is available to bidders with unresolved issues or concerns that were not resolved during the question and answer period of the solicitation. Every attempt should be made to address and resolve issues or concerns during the question and answer period. A complaint must be received by the Procurement Coordinator, not less than five (5) business days prior to the deadline for bid submission. The Procurement Coordinator s name, PO Box, physical address, and address will be listed on the cover page of the solicitation. Grounds for Complaint To be considered, complaints may be based only on the following: The solicitation unnecessarily restricts competition. The solicitation evaluation or scoring process is unfair or flawed; or The solicitation requirements are inadequate or insufficient to prepare a response. Complaint Content The complaint shall include: The legal name of the Business, mailing address, phone number, address, and the name of the individual submitting the complaint. The solicitation document name and number and reference to WSDOT as the issuing agency. Specific and complete statement of WSDOT action that is the subject of the complaint. Facts and arguments. Specific reference to the basis for the complaint. Description of the relief or corrective action requested. Revised April 4, 2013 Page 11 of 14

13 Complaint Review Process The Procurement Coordinator will consider all the facts available after receiving a complaint. The Procurement Coordinator will send the response to the complaint directly to the Supplier and post the complaint and the response in WEBS prior to the bid submission deadline. If additional time is needed to provide a response to the complaint and it affects the bid submission deadline, the Procurement Coordinator will extend the bid submission date with an amendment to the solicitation. The WSDOT response to the complaint is final and not subject to appeal or protest. Debrief Conference (Protest Precondition) Following the announcement of the Apparent Successful Bidder, a Bidder who submitted a responsive bid may request a debrief conference. A debrief conference provides an opportunity for a Bidder to discuss their bid and evaluation with the Procurement Coordinator. Request For Debrief Conference The request for a debrief conference must be made via to the Procurement Coordinator at the address listed on the cover page of the solicitation. Subject line must include Request for Debrief. The request for a debrief conference must be received by the Procurement Coordinator within three (3) business days after the announcement of the Apparent Successful Bidder. Location of Debrief Conference A debrief conference may be conducted in person at a designated WSDOT facility, or by telephone, as determined by the Procurement Coordinator, and may be limited by WSDOT to a specified period of time. The failure of a Bidder to timely request and attend a debrief conference shall constitute a waiver of the right to submit a protest. Protest Process The protest process is available only to a Bidder who submitted a responsive bid. The protest period begins the first business day after the protesting Bidder has attended a debrief conference. For a protest to be considered it must be submitted and received by the Procurement Coordinator within five (5) business days after the debriefing conference. Grounds for Protest To be considered, protests may be based only on the following: Bias, discrimination, or conflict of interest on the part of an evaluator; Errors in computing the scores; or Non-compliance with procedures described in the solicitation document, Department of Enterprise Service s policy, or applicable State or Federal laws or regulations. Revised April 4, 2013 Page 12 of 14

14 Protest Content A protest shall contain the facts and arguments upon which the protest is based, and shall be signed by a person authorized to bind the Bidder to a contractual relationship. At a minimum, the protest shall include the following information: Business Name, mailing address, phone number, address, and the protesting Bidder s name. Solicitation document name, number, and reference to WSDOT as the issuing agency. Specific and complete statement of WSDOT action(s) being protested. Specific reference to the grounds for the protest. Description of the relief or corrective action requested. Protest Authority The Procurement and Materials Manager has been delegated as the Protest Authority for WSDOT. The Procurement Coordinator will forward the protest to the Procurement and Materials Manager within one (1) business day. Protest Review Process The Procurement and Materials Manager will assign a neutral party who was not involved in the evaluation and award process of the protested solicitation. The neutral party will objectively review all protest materials submitted by the Bidder and all other relevant facts known to WSDOT. The Procurement and Materials Manager may request the authority to sign a contract before the protest process is completed from the Director, Department of Enterprise Services, due to exigent circumstances. Protest Decision The Procurement and Materials Manager will review the recommendation of the neutral party and issue a decision within ten (10) business days of receipt of the protest. If more time is required, the Procurement and Materials Manager will notify the protesting Bidder, in writing, of any delay. The final determination shall: Find the protest lacking in merit and uphold the award; Find only technical or harmless errors in the procurement process, determine substantial compliance, and reject the protest; Find merit in the protest and provide options that may include: o Correct errors and reevaluate all proposals; or o Reissue the solicitation document; or o Make other findings and determine other courses of action as appropriate. The protest authority s decision is final and no appeal process will be allowed. Revised April 4, 2013 Page 13 of 14

15 References: Chapter RCW - Procurement of Goods and Services Complaints and Protests Policy # Department of Enterprise Services Revised April 4, 2013 Page 14 of 14

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