purchase authority delegation · web view3.6 category 1 pricing 30. 3.6.1 price discount proposal...

State of WashingtonDEPARTMENT OF GENERAL ADMINISTRATION

Office of State ProcurementRm. 201 General Administration Building, P.O. Box 41017 Olympia, Washington 98504-1017 (360) 902-7400

http://www.ga.wa.gov

REQUEST FOR PROPOSAL (RFP)(With all Incorporated Amendments)

Fuel Cell Power Units, Components and Accessories

Contract Number Pre-Proposal Conference Date & Time Proposal Opening Date &Time01605 October 24, 2006 - 10:00 AM November 2, 2006 – 2:00 PM

PROPOSALS MUST BE RECEIVED & STAMPED ON OR BEFORE THE OPENING DATE & TIME AT THIS LOCATION: 210 11TH AVE SW, GENERAL ADMINISTRATION BUILDING, RM. 201, OLYMPIA WA 98504-1017

Richard Carlson

RFP Coordinator/Contract AdministratorPhone (360) 902-7427Fax (360) 586-2426

E-Mail: [email protected]

For a site map to the Capitol Campus, click http://www.ga.wa.gov/images/Campus-Map.pdf.Driving directions and parking information, click http://www.ga.wa.gov/Campus/parking.htm.

SPECIAL NOTES:

1. The State has made an administrative decision to require that this Contract be designated as Manufacturer Direct. This means that only manufacturers or the manufacturers’ sole designee is eligible to respond to this RFP. More about this decision and other mandatory requirements can be found in Section 3.2 Mandatory Requirements, Paragraph 3.2.1 Manufacturer Direct.

2. Proposers should be aware that an exception to the State’s Terms and Conditions set forth in this document will cause a proposal to be judged non-responsive.

http://www.ga.wa.gov/Campus/parking.htm

http://www.ga.wa.gov/images/Campus-Map.pdf

mailto:[email protected]

http://www.ga.wa.gov/

Request for Proposal (RFP) #01605Fuel Cell Power Units, Components and Accessories

TABLE OF CONTENTS

1. ANNOUNCEMENT AND SPECIAL INFORMATION 5

1.1 Pre-Proposal Conference 51.2 Public Disclosure 51.3 Proposal Due Date and Time 61.4 Purpose 61.5 Scope 6

1.5.1 Objective 71.5.2 Products 71.5.3 Volume Pricing 71.5.4 Authority 7

1.5.5 Estimated Contract Usage 7

1.5.6 Outcome 81.5.7 Contract Administrator 81.5.8a Purchasers/Contract Users - State of Washington 81.5.8b Purchasers/Contract Users - WSCA 81.5.9 Contract Designation 91.5.10 Contract Term 91.5.11 About The Office of State Procurement 9

1.6 Timeline/Acquisition Schedule and RFP Changes 10

2. CHECKLIST 11

3. PROPOSAL SUBMITTALS 13

3.1 Proposal and Award 133.2 Mandatory Requirements 14

3.2.1 Manufacturer Direct 143.2.2 Administrative Fees 143.2.3 Site Review 143.2.4 Installation 143.2.5 Pricing Offer 143.2.6 Warranty 153.2.7 Internet Pricing Availability 15

3.3 Proposal Information 16

3.3.1 Prompt Payment Discount 163.3.2 Purchasing (Credit) Cards Accepted 163.3.3 Authorized Contractor Representatives 163.3.4 Equipment Lead Time 163.3.5 Addresses 173.3.6 Federal Tax Identification Number 173.3.7 Firms Bidding From California Only 173.3.8 Prior Contract Performance 173.3.9 Legal Suits/Actions 173.3.10 Purchasers Other Than Washington State Agencies 173.3.11 Brand or Product Name of Equipment Offered 183.3.12 Sales Representatives 19

3.4 Product Design Specifications 20

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3.5 Category 1 Scenarios 26

3.5.1 Category 1 – Scenario 1 263.5.2 Category 1 – Scenario 2 28

3.6 Category 1 Pricing 30

3.6.1 Price Discount Proposal 303.6.2 Maintenance and Repair - Parts 303.6.3 Maintenance and Repair - Services 303.6.4 Extended Warranty 30

3.7 Category 2 Scenarios 31

3.7.1 Category 2 – Scenario 1 313.7.2 Category 2 – Scenario 2 33

3.8 Category 2 Pricing 35

3.8.1 Price Discount Proposal 353.8.2 Maintenance and Repair - Parts 353.8.3 Maintenance and Repair - Services 353.8.4 Extended Warranty 35

3.9 Supplemental Information 36

3.9.1 Subcontractors 363.9.2 Manufacturer Warranty 363.9.3 References 373.9.4 Contract Management and Performance Plan 383.9.5 Marketing Plan 383.9.6 Dealer/Distributor Support Network 383.9.7 Training Plan 383.9.8 Product Literature and Reference Price List 38

3.10 Certifications and Assurances 39

4. PROPOSAL FORMAT AND EVALUATION 40

4.1 Proposal Format 404.2 Proposal Evaluation 40

4.2.1 Responsiveness Evaluation 404.2.2 Scoring Matrix 414.2.3 Scoring Formula 414.2.4 Competitive Range 42

5. CONTRACT REQUIREMENTS 43

5.1 Retention of Records 435.2 Reports 43

5.2.1 Sales and Subcontractor Report 435.2.2 Equipment Placement Report 43

5.3 Insurance 43

6. SPECIAL TERMS AND CONDITIONS 46

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6.1 Reference Price List 466.2 Pricing and Adjustments 46

6.2.1 FOB Destination Pricing 466.2.2 Cost of Proposal Preparation 466.2.3 Pricing Increase 466.2.4 Pricing Decrease 46

6.3 Bulk Placements and Special Promotions 466.4 Contractor Performance 466.5 Packaging 476.6 Contract Additions/Deletions 476.7 OSHA and WISHA Requirements 476.8 Purchasing Card Acceptance 476.9 Special Equipment and/or Tools 476.10 Availability of Repair Parts 476.11 Customer Service and Support 47

6.11.1 Sales Representatives 476.11.2 Telephone Sales Service 486.11.3 Customer Technical Support 486.11.4 Order Development 48

6.12 Manufacturer Warranty 486.13 Support for Defective Units 496.14 Service and Maintenance Support 49

6.14.1 Service/Maintenance Technicians 496.14.2 Maintenance 496.14.3 Repair Parts 496.14.4 Costs 49

6.15 Proprietary Information 49

7. ATTACHMENT “A” WSCA STANDARD CONTRACT TERMS AND CONDITIONS 50

8. ATTACHMENT “B” PARTICIPATING ADDENDUM 57

9. ATTACHMENT “C” CUSTOMER REFERENCE FORM 59

10. ATTACHMENT “D” WSCA PARTICIPATING STATES 61

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1. ANNOUNCEMENT AND SPECIAL INFORMATION

Proposers are required to read and understand all information contained within this entire proposal package. The Competitive Procurement Standards, which are referred to in this RFP package, are not automatically printed or sent out with this RFP. By responding to this RFP, the Proposer agrees to read and understand these documents. These documents are available on our website at: http://www.ga.wa.gov/pca/cps.htm.

In support of the State’s economic and environmental goals, we encourage you to consider the following elements in responding to this RFP. These are not a factor of award (unless otherwise specified in this document):

Using environmentally preferable products and products that exceed EPA guidelines Supporting a diverse supplier pool, including small, minority and women-owned businesses Featuring products made or grown in Washington

1.1 PRE-PROPOSAL CONFERENCEA conference to address contractual requirements will be held at the time and location indicated below. Attendance is not mandatory but prospective proposers are encouraged to attend. Proposers are encouraged to submit written questions prior to the pre-proposal conference. Proposers are encouraged to submit questions regarding Attachments A and B that may be incorporated into this proposal opportunity. Pre–proposal conversations will not be binding. If changes are required as a result of the conference, written RFP amendments will be issued.

Note: Assistance for disabled, blind or hearing-impaired persons who wish to attend is available by pre-arrangement with the Office of State Procurement (OSP). Contact the RFP Coordinator identified on the cover page of this document for more information.

Pre-Proposal Date: Tuesday, October 24, 2006Pre-Proposal Time: 10:00 AM PST

Pre-Proposal Receipt Location:

Office of State Procurement210 11th AVE SW, GA Building Room 201Corner of 11th and ColumbiaOlympia Washington 98504-1017

1.2 PUBLIC DISCLOSUREProposal information, including price sheets, will not be available for public disclosure until after award of the Contract. At the time of proposal opening, only the name of the Proposer and time of proposal receipt will be read aloud.

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http://www.ga.wa.gov/pca/cps.htm


1.3 PROPOSAL DUE DATE AND TIMEProposals are due in hand at the location specified below, prior to the proposal due date and time. After that time, the bid clerk will begin to open the proposals received to record enclosures. No proposal may be accepted after this date and time.

Proposal Due Date: Thursday, November 2, 2006Proposal Due Time: 2:00 PM PST

Proposal Receipt Location:

Office of State Procurement210 11th AVE SW, GA Building Room 201Corner of 11th and ColumbiaOlympia Washington 98504-1017

1.4 PURPOSEThe State of Washington is seeking to establish a contract to support the use of emerging fuel cell technology. The contract will foster and facilitate the use of fuel cell systems in a variety of applications. Following a competitive process, the awarded contract will establish a list of qualified manufacturers from which purchasers can obtain fuel cell systems and applications that best meet their specific needs.

As referenced in Chapter 39.34.030 of the Revised Code of Washington (RCW), the contract will also provide an opportunity for states that are part of the Western States Contracting Alliance (WSCA) to participate. (See Attachment “A” WSCA Standard Contract Terms and Conditions and Attachment “B” Participating Addendum.)

1.5 SCOPEThe purpose of this RFP is to competitively select Manufacturers who will provide (either directly or through their dealer/distributor network) participating states with fuel cell power units, components and accessories that will provide back-up power for both indoor and outdoor stationary applications. These systems will cover a range of 1kW to 30kW and be recognized in the following two (2) categories:

Stationary ApplicationsBack-Up Power

1kW – 5kW>5kW – 30kW

Only Proton Exchange Membrane fuel cells (PEM or PEMFC) also known as Polymer Electrolyte Membrane fuel cells are acceptable technologies for the satisfaction of this contract solicitation. As used in this RFP, the term “fuel cell” means integrated power systems containing a cartridge, stack, tubular array, or other functionally similar configuration used to chemically convert fuel to electrical energy; an inverter and fuel processing section where necessary, and other balance of plant equipment (including heat recovery equipment) needed to support the operation and/or energy conversion. The term includes hybrid systems that produce additional power by utilizing waste heat from the conversion process, and/or thermal or mechanical energy from other system components, or regenerative systems that produce hydrogen for later use.

In the intended application as a backup power system, the fuel cell systems will be connected directly to the site DC power bus. In some cases, the fuel cell will be connected to an inverter to supply an AC load. The fuel cells, in most applications, are expected to be located in an

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environmentally suitable outdoor enclosure or rack mounted inside of standard equipment shelters.

This RFP will establish a contract for the purchase and optional installation of fully functional fuel cell units, applications and accessories. Manufacturers will provide presale consulting, equipment sales, user training (when applicable), and service and warranty support. Installation by the Manufacturer or Manufacturer’s representative is optional for the Purchaser and will be addressed as a separate line item when determining the Purchaser’s cost. (See Section 3.2 Mandatory Requirements, Paragraph 3.2.4 Installation.)

1.5.1 ObjectiveThis document describes the requirements for new fuel cell applications for the following two (2) categories of back-up power, stationary applications: Category 1) 1kW – 5kW and Category 2) >5kW – 30kW. Proposals will be evaluated and a contract awarded to the most qualified Proposers who meet the selection criteria. A Proposer may submit a proposal for consideration in either one or both of the specified categories. Awards will be made to the most qualified Proposers, with the most competitively priced products and services, offering the best value to the Purchaser.

1.5.2 Products Only new fuel cell power units, components and accessories will be included in the contract. The Manufacturer is not to offer, sell or install any equipment that has been previously installed or used for testing purposes. Although the contract shall apply primarily to Manufacturer installed systems, some self-installed equipment may also be included in the contract.

1.5.3 Volume Pricing Purchasers with requirements for multiple units, or requirements that can be satisfied by more than one Manufacturer, may use the contract to solicit volume pricing from one or more of the Manufacturers listed on the contract.

1.5.4 Authority This RFP is published, and all proposals received shall be evaluated and awarded, under the authority of Chapter 43.19 RCW. Chapter 43.19.651 RCW further describes the requirement of State agencies to consider fuel cells and renewable or alternative energy sources, instead of batteries or internal combustion engines, when planning the purchase of back-up or emergency power systems. For a complete overview of Chapter 43.19 RCW, visit: http://apps.leg.wa.gov/rcw/default.aspx?cite=43.19.

1.5.5 Estimated Contract Usage Due to the lack of data, and because the use of fuel cells and alternative energy sources is still considered “emerging technology,” it is difficult to estimate anticipated contract usage at this time. The State generously estimates purchases over the initial two (2) year term at $150,000 for purchasers/contract users described in Section 1.5.8a. If members of the Western States Contracting Alliance (WSCA) exercise their option to use the contract, the State estimates their usage for a two (2) year period to be approximately $750,000 for purchasers/contract users described in Section 1.5.8b. The State does not guarantee any minimum purchase. Orders will be placed on an “as needed” basis.

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http://apps.leg.wa.gov/rcw/default.aspx?cite=43.19


1.5.6 Outcome The resulting contract will give the Purchaser access to the most appropriate application for their intended use. The contract will establish minimum technical specifications and service requirements. All qualifying systems and equipment provided by the Manufacturer that fall within the awarded category and scope of the contract will be made available to the states, using a pricing structure approved by the states. The Purchaser will have the option of having the fuel cell system and/or equipment installed by the Manufacturer or Manufacturer’s representative. Each awarded Manufacturer will establish and maintain a website that provides information on equipment and services available through the contract. (See Section 3.2 Mandatory Requirements, Paragraph 3.2.6 Internet Pricing Availability.) Other administrative information useful to Purchasers shall also be provided.

1.5.7 Contract Administrator The RFP Coordinator named on the cover page of this RFP, employed by the Department of General Administration (GA), Office of State Procurement (OSP), will be assigned to the administration of the awarded contract. All questions/concerns regarding contract performance and requirements, products, services and pricing shall be directed to this Contract Administrator.

1.5.8a Purchasers/Contract Users – State of WashingtonThe primary purchasers within the State of Washington will be State agencies, political subdivisions, qualifying non-profit organizations and participating institutions of higher education. Also eligible to use the contract are other members of the State of Washington Purchasing Cooperative (WSPC) which includes counties, cities and school districts. A list of WSPC members is available on the Internet at: https://fortress.wa.gov/ga/inet/servlet/PCACoopListSv. Contractors shall not process orders referencing the contract from unauthorized purchasers. It is the responsibility of the Contractor to verify the purchasers’ authorization to utilize the contract. The State of Washington accepts no responsibility for payment by WSPC members.

1.5.8b Purchasers/Contract Users – The Western States Contracting Alliance WSCA was formed in October 1993 by the state purchasing directors from fifteen (15) NASPO western states. The primary purpose is to establish the means by which participating states may join together in cooperative multi-state contracting in order to achieve cost-effective and efficient acquisition of quality products and services. Cooperative purchases are developed by member states. There is no vendor list.

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https://fortress.wa.gov/ga/inet/servlet/PCACoopListSv


Membership consists of the principal procurement official that heads the state central procurement organization, or designee for that state, from the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico,Oregon, South Dakota, Utah, Washington and Wyoming.

All governmental entities within WSCA states are welcome to use the approved agreements as well as authorized governmental entities in non-WSCA states. Cooperative purchasing benefits states, as well as cities, counties, public schools and institutions of higher education. For more information on WSCA, visit: http://www.aboutwsca.org/welcome.cfm.

A number of the WSCA states have signed an Intent to Participate agreement to use the resulting contract including: Alaska, California, Colorado, Hawaii, Minnesota, Oregon, South Dakota and Utah. Their use of the contract may significantly increase the purchase volume. Their orders are subject to the same contract terms, conditions and pricing as the State of Washington unless otherwise noted in Attachment “D.” The State of Washington accepts no responsibility for payment by WSCA members.

1.5.9 Contract Designation The contract shall be designated as CONVENIENCE USE for Washington State agencies and institutions.

1.5.10 Contract TermInitial contract term shall be from date of award to two (2) years after date of award with the option to extend individual segments and/or the entire contract for additional terms or portions. Extensions will be subject to mutual agreement between the states and the Manufacturers. The total contract term may not exceed nine (9) years.

1.5.11 About The Office of State ProcurementThe Department of General Administration, Office of State Procurement develops and administers contracts for goods and services with an estimated term value of approximately $600 million, on behalf of State agencies, colleges and universities, select non-profit organizations and local governments. For more information, visit: http://www.ga.wa.gov/pca/pcacust.htm.

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http://www.ga.wa.gov/pca/pcacust.htm

http://www.aboutwsca.org/welcome.cfm


1.6 TIMELINE/ACQUISITION SCHEDULE AND RFP CHANGESThe following Timeline/Acquisition Schedule will be used for this RFP. The proposal submission deadline is mandatory and non-negotiable. All times listed in the schedule are Pacific Standard Time (PST).

The RFP Coordinator reserves the right to change the Timeline/Acquisition Schedule or other portions of this RFP at any time. The RFP Coordinator may also correct any errors identified in this RFP package. Any changes or corrections will be by one or more RFP amendment(s), dated, attached to, and made a part of, this solicitation document. All changes shall be authorized and issued by the RFP Coordinator and shall be posted on OSP’s Website.

EVENT* DATES AND TIMES*

Post draft RFP on OSP’s website and notify prospective biddershttps://fortress.wa.gov/ga/webs/bidcalendar.aspx 09/19/06

Draft RFP feedback/comments requested from prospective bidders and participating states 09/26/06 4:30 PM PST

Post final RFP on OSP’s website and notify prospective bidders and participating states of RFP and Pre-Proposal Meeting 10/02/06

Hold Pre-Proposal Conference 10/24/06 10:00 AM PST

Proposals due and opened 11/02/06 2:00 PM PST

Proposal evaluation completed 11/14/06

Contract award and execution 11/21/06

Post Current Contract Information document summarizing awarded contract on OSP’s website 11/21/06

Manufacturer’s dedicated Contract website available to customers 12/21/06

* Note: The RFP Coordinator reserves the right to revise or modify the above events, dates and times.

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https://fortress.wa.gov/ga/webs/bidcalendar.aspx


2. CHECKLIST

This checklist is provided for Proposer’s convenience only and identifies the proposal documents that must be submitted with each proposal. Any proposal package received without these documents may be judged non-responsive and may not be considered for contract award.

Provided?Bid submittal entitled: 3.1 Proposal and Award ______Bid submittal entitled: 3.2 Mandatory Requirements ______Bid submittal entitled: 3.3 Proposal Information ______

3.3.1 Prompt Payment Discount3.3.2 Purchasing (Credit) Cards Accepted3.3.3 Authorized Contractor Representatives3.3.4 Addresses3.3.5 Equipment Lead-Time3.3.6 Federal Tax Identification Number3.3.7 Firms Bidding From California Only3.3.8 Prior Contract Performance3.3.9 Legal Suits/Actions

3.3.10 Purchasers Other Than Washington State Agencies3.3.11 Brand or Product Name of Equipment Offered3.3.12 Sales Representatives

Bid submittal entitled: 3.4 Product Design Specifications ______Bid submittal entitled: 3.5 Category 1 Scenarios (if offered) ______

3.5.1 Category 1 – Scenario 13.5.2 Category 1 – Scenario 2

Bid submittal entitled: 3.6 Category 1 Pricing (if offered) ______3.6.1 Price Discount Proposal3.6.2 Maintenance and Repair - Parts3.6.3 Maintenance and Repair - Services

Bid submittal entitled: 3.7 Category 2 Scenarios (if offered) ______3.7.1 Category 2 – Scenario 13.7.2 Category 2 – Scenario 2

Bid submittal entitled: 3.8 Category 2 Pricing (if offered) ______3.8.1 Price Discount Proposal3.8.2 Maintenance and Repair - Parts3.8.3 Maintenance and Repair - Services

Bid submittal entitled: 3.9 Supplemental Information ______3.9.1 Subcontractors3.9.2 Manufacturer Warranty3.9.3 References3.9.4 Contract Management and Performance Plan3.9.5 Marketing Plan3.9.6 Dealer/Distributor Support Network3.9.7 Training Plan3.9.8 Product Literature and Reference Price List

Bid submittal entitled: 3.10 Certifications and Assurances ______

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Documents to be returned after award:The following documents need not be returned with proposal submission. However, awarded Contractor(s) will be required to submit such documents at a later date as required by Contract terms or as requested by the Contract Administrator.

Bid submittal entitled: Certificate of Insurance

Usage Report Forms

Fee Payment Forms and Payments

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3. PROPOSAL SUBMITTALS

3.1 PROPOSAL AND AWARDProposers are required to read and understand all information contained within this entire RFP package. There are some standard documents which are referred to in this RFP package that are not automatically printed or sent out with this RFP. For example, Competitive Procurement Standards (Standard Definitions, Standard Instructions for Bidders and Standard Terms and Conditions) Sales/Service & Subcontractor Report are binding terms of the contract. It is important that you read and understand these documents. These documents are available on our website at: http://www.ga.wa.gov/pca/cps.htm. If you do not have Internet access, you may contact the RFP Coordinator named on the cover page of this document to obtain copies of any and all documents associated with this RFP package.

STANDARD DEFINITIONS (Revised 06/02/03)STANDARD INSTRUCTIONS FOR BIDDERS (Revised 06/02/03)STANDARD TERMS AND CONDITIONS (Revised 07/31/06)

Proposer further offers to furnish materials, equipment or services in compliance with all terms, conditions, and specifications herein including all amendments. Submitting this document with an authorized signature constitutes complete understanding and compliance with the terms and conditions and certifies that all necessary facilities or personnel are available and established at the time of proposal submittal.

(Company Name) (Typed or Printed Name)

(Address) (Title)

(City) (State) (Zip) (Phone No.)

(Federal Tax Identification Number) (Fax No.)

(E-Mail Address) (Proposer’s Signature) (Date)

CONTRACT AWARD

(For State of Washington Use Only)

A Contract is hereby awarded between the above Manufacturer and the State of Washington, Office of State Procurement, Purchasing and Contract Administration, to be effective ___________, Year ______.This is a Partial/Total award for Contract 01605 Fuel Cell Power Units, Components and Accessories.

Authorized Signatures

(Contract Administrator) (Date) (Purchasing Unit Manager) (Date)

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http://www.ga.wa.gov/pca/cps.htm


3.2 MANDATORY REQUIREMENTSProposer must acknowledge acceptance of each of the following requirements. Failure to acknowledge acceptance of these requirements will result in a proposal being judged non-responsive.

3.2.1 Manufacturer DirectAn administrative decision has been made designating the contract as Manufacturer Direct. This decision is based on insurance & liability concerns, guaranteed parts availability and an established nationwide distribution network.

3.2.2 Administrative Fees The contract is subject to an administrative fee of one-half percent (0.5%) payable to WSCA and one-half percent (0.5%) payable to the State of Washington, Office of State Procurement. WSCA’s fee will be an amount equal to one-half percent (0.5%) of the previous total quarterly contract activity and revenues received from all contract customers. The State of Washington’s fee will be an amount equal to one-half percent (0.5%) of the previous total quarterly contract activity and revenues received from all contract customers within Washington State. Fees will be due and payable in conjunction with the quarterly Sales and Subcontractor Report described herein. (See Section 5.2 Reports, Paragraph 5.2.1 Sales and Subcontractor Report.) This fee shall not be listed on the invoice as an additional line item as Contractors shall be the source of these funds

3.2.3 Site ReviewThe Manufacturer or Manufacturer’s Representative shall perform site reviews upon request. Contract users may order fuel cell units based upon Purchasers’ knowledge and experience or request a site review from the Manufacturer. The purpose of the site review is to obtain a product recommendation from the Manufacturer. In most instances, the recommendation would include: fuel cell application recommendation, any accessories needed, contract pricing and installation cost (if requested).

3.2.4 InstallationThe Manufacturer or Manufacturer’s Representative shall have the capability to install their fuel cell application when requested by the Purchaser. As part of this requirement, installation is not meant to include large scale work that should otherwise be done as public works. For example, it will be the responsibility of the Purchaser to provide a concrete pad that meets the Manufacturer’s specifications.

The Purchaser will be responsible for determining and documenting the price reasonableness of the installation decision. In the event installation pricing is requested, that pricing shall be on a line item basis. (See Section 1.5 Scope.) It is understood that the Purchaser’s cost of installation shall be equal to or less than that price offered to Manufacturer’s most favored customer for a comparable installation. The Manufacturer is asked to identify any cost reduction opportunities related to the installation. Example: Equipment that could be provided by the Purchaser for use in the installation.

3.2.5 Pricing OfferProposer shall offer pricing for fuel cell power units, components and accessories that is equal to or better than best pricing offered to other State or Federal Government entities for same products and services. All proposal pricing shall be FOB Destination with cost of freight included in the cost of product. For purchasers in Hawaii, shipping terms will

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be FOB Long Beach, California and for purchasers in Alaska, shipping terms will be FOB Seattle, Washington. Proposal pricing shall not include installation. Pricing shall be in the form of a discount percentage off Manufacturer’s current List Price.

Additionally, the Proposer is encouraged to offer pricing for multiple units ordered at one time (See Section 1.5 Scope, Paragraph 1.5.3 Volume Pricing.) Proposer shall provide a full description of their price offer including:

A complete listing of all systems, components and accessories being offered within the selected category or categories for which the Manufacturer has chosen to submit a proposal.

Manufacturer’s current List Price of those items being offered. Proposed discount off those items being offered.

3.2.6 Warranty The Manufacturer shall warrant the fuel cell system and components for at least one (1) year for parts and labor against workmanship or material defects. The Manufacturer shall warrant the fuel cell system software and craft interface software for at least ninety (90) days against errors or media defects. The Manufacturer shall warrant services and installation for at least one (1) year from date of job completion against workmanship defects. The warranty period will commence upon the completion of acceptance testing or ninety (90) days from shipment, whichever is earlier.

The Manufacturer shall provide the customer an option to purchase an extension of the full parts and labor warranty up to a period of five (5) years. Any extended warranties beyond five (5) years are subject to negotiation between the customer and the Manufacturer. The extended warranty option(s) is/are to be made available at any time prior to the expiration of the current warranty period.

3.2.7 Internet Pricing Availability A requirement of the contract will be the availability of Manufacturer’s current List Price, discounted price and product information on the Internet. This information shall be made available through a link or website maintained by the Manufacturer within thirty (30) days of award of contract.

Proposer agrees or does not agree to all terms and conditions in Section 3.2, Mandatory Requirements. Failure to agree will result in a proposal being judged non-responsive.

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3.3 PROPOSAL INFORMATION Proposer shall complete the following:

3.3.1 Prompt Payment Discount

______ % 30 days or net 30 days. (Choose one)Prompt Payment Discount (check one) is, or is not also applied to credit card transactions. Prompt payment discount periods equal to or greater than thirty (30) calendar days will receive consideration and proposal pricing will be reduced (for evaluation purposes only) by the amount of that discount. To receive evaluation credit, Proposer must extend prompt payment terms to credit card transactions.

3.3.2 Purchasing (Credit) Cards Accepted

Yes No If “yes,” please list major brands below. (State of Washington purchasing card is VISA.)

3.3.3 Authorized Contractor Representatives:

Contract Administration – Primary Contact Contract Administration – Alternate Contact

Name: Name:

Title: Title:

Telephone: Telephone:

Fax: Fax:

E-Mail: E-Mail:

Customer Service Representative Invoicing/Billing

Name: Name:

Title: Title:

Telephone: Telephone:

Fax: Fax:

E-Mail: E-Mail:

3.3.4 Equipment Lead-Time Contract equipment will be delivered within _____ calendar days after receipt of order (ARO).

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3.3.5 Addresses:

Purchase Orders sent to: Billing will be from: Payment sent to:

________________________________________________________________________________________________

________________________________________________________________________________________________

________________________________________________________________________________________________

3.3.6 Federal Tax Identification Number Must be provided for each business entity invoicing the Purchaser and receiving payment for equipment and/or services provided through the contract.FTIN#: ___________________________________

3.3.7 Firms Bidding From California Only Is your firm currently certified as a small business under California Code, Title 2, Section 1896.12? Yes No

3.3.8 Prior Contract Performance Proposer has experienced no contract terminations for default or non-performance in the past three (3) years. Yes No (If reply is “No” attach a letter to this proposal explaining the circumstances and resulting outcome of the termination.)

3.3.9 Legal Suits/Actions Proposer shall provide a list of all legal suits and/or actions brought against Manufacturer in the last three (3) years. What was/were the resulting outcome(s)? Are there any suits/actions pending?

3.3.10 Purchasers Other Than Washington State Agencies

A. Proposer agrees to sell the goods and services on the contract to political subdivisions which are members of the State of Washington Purchasing Cooperative (WSPC): Yes

No (If reply is “No” attach letter to this proposal explaining reason(s) for declining participation by political subdivisions.)

B. Proposer agrees to sell the goods and services on the contract to self-certified non-profit organizations which are members of the State of Washington Purchasing Cooperative (WSPC): Yes No (If reply is “No” attach letter to this proposal explaining reason(s) for declining participation by non-profit organizations.)

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3.3.11 Brand or Product Name of Equipment Offered Manufacturer is proposing to offer sales, service and optional installation of the following brand of fuel cell equipment, for the following categories:

Category 11kW – 5kW

Manufacturer Name:Brand Name of Equipment:

Manufacturer’s Corporate OfficeAddress:

City/State/Zip Code:Telephone Number:

Fax Number:

Category 2>5kW – 30kW

Manufacturer Name:Brand Name of Equipment:

Manufacturer’s Corporate OfficeAddress:

City/State/Zip Code:Telephone Number:

Fax Number:

If the Manufacturer responding to this RFP is acting as a sole designee of another Manufacturer, a written statement authorizing such designation must be included. This statement should specifically identify: 1) what brand of equipment is being offered, 2) to whom authorization is being granted, and 3) that this is the sole designee authorized to respond to this RFP. This written authorization should also be an original copy, signed by a senior level executive of the designating Manufacturer. This authorization statement should be clearly identified as such and included with the proposal.

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3.3.12 Sales RepresentativesIndicate below the names and addresses of Proposer’s sales representatives and their specific territories covered. If additional space is needed, submit an attachment that follows the same format as below.

Name: Name:Address: Address:

Telephone: Telephone:Fax: Fax:

E-Mail: E-Mail:Territory: Territory:

Name: Name:Address: Address:

Telephone: Telephone:Fax: Fax:

E-Mail: E-Mail:Territory: Territory:

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3.6 PRODUCT DESIGN SPECIFICATIONSThe following is an outline of general product specifications for fuel cell systems. Proposer shall either acknowledge compliance with each specification or provide a response as to how their proposed product line differs from the specification, yet still qualifies as an effective and reliable fuel cell system.

DescriptionCheck If

As Specified

Describe Fully If Not As Specified

Power OutputThe fuel cell system shall have hydrogen supply capabilities to operate a minimum of twelve (12) hours full load.

The fuel cell system may be composed of more than one (1) unit operating in parallel to provide the required site power output.

Time to full power shall be less than ten (10) minutes and shall be specified in the user documentation to allow for appropriate bridge energy sizing.

The output of the fuel cell system, e.g. connection to the DC bus shall have an appropriately sized over-current protection device.

Voltage RequirementsThe fuel cell system shall be compatible with an external DC to DC converter module to allow derived voltages for site loads.

The DC output shall be compatible with a DC to AC inverter.

Environmental RequirementsThe environmental performance of the fuel cell system shall comply with GR-63-CORE and GR-487-CORE and shall be tested by an NRTL lab.

Systems designed for outdoor mounting shall meet environmental specifications in an appropriate enclosure system.

It is recognized that temperature, altitude and humidity are critical parameters for fuel cells. The intent is to fully comply with the following sections titled, “Operating Temperature,” “Humidity” and “Operating Elevation.” However, derating of performance may be necessary. If system has a derated performance at extreme environmental conditions, then it must be documented and compensated via systems design for the installation.

Operating TemperatureOutdoor Continuous Operation @ 100% rated output: -40°C to 46°C.

Outdoor Start Up: -40°C to 50°C.

Rate of temperature change: Maximum 30°C per hour.

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DescriptionCheck If

As Specified


Indoor Continuous Operation @ 100% rated output: 5°C to 40°C.

Indoor Short-term Operation @ 100% rated output: -5°C to 50°C (not to exceed 96 hours).

HumidityContinuous Operation @ 100% rated output: 5% RH to 85% RH.

Short-term Operation (up to 96 hours): 5% to 90%, but not to exceed 0.024 kg water per kg of dry air.

Operating ElevationContinuous Operation @ 100% rated output @ 40°C: Maximum 6,000’. If rated output is diminished above this elevation, please provide derating data.

Physical RequirementsAll terminal and connection hardware shall be manufactured from non-corrosive metals that present minimum voltage drop to the circuit.

All connections between the fuel cell and site equipment that is outdoors shall be in metallic conduits suitable for the application. The fuel cell enclosures shall have provisions to terminate conduits.

The fuel cell should be constructed of materials that are readily recyclable.

The fuel cell system shall meet the applicable sections of GR-63-CORE and GR-487-CORE with respect to physical and mechanical performance.

System OperationFuel cells deployed as backup power systems shall be able to operate without intervention by technicians either locally or by remote. The operation of the fuel cell shall commence on any of the following conditions being met:

Manual Operation (local) – “On/Off”

Remote Operation – “On/Off” from a remote location. This can be performed through the following means:

Form C Dry Contacts.

Command via Ethernet Connection.

Low Voltage Start. The fuel cell system shall initiate startup upon detection of a low voltage condition on the DC bus. The low voltage startup set-points shall be customer selectable.

System Alarms & Conditions

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DescriptionCheck If

As Specified


The fuel cell system shall be equipped with alarm contacts and remote alarming capabilities via an IP network. A local craft interface shall also be provided to access alarms. Alarms outputs shall be dry contact, form C, normally closed contacts. The fuel cell shall provide the following alarm/condition indications:

Fuel Cell Operating

Fuel Cell Major Alarm

Fuel Cell Minor Alarm

Intrusion (where applicable)

Hydrogen Leak Detection

Low Fuel Level

The fuel cell shall generate a major alarm in the event of a component failure which will result in a failure of the fuel cell system to operate.

The fuel cell system shall generate a minor alarm in the event of a component failure which will result in a reduction of power output but not failure of the fuel cell system to operate.

The fuel cells shall be provided with an “Emergency Power Off” (EPO) switch that will immediately shut down the fuel cell and cut-off the supply of hydrogen.

Interface/Communication RequirementsThe fuel cell system shall minimally have three (3) interfaces for communications, surveillance, control or maintenance. The system shall provide alarm contact outputs per the section titled, “System Alarms and Conditions.” The system shall provide for a local display or craft interface via a serial connection or Ethernet connection. The system shall provide an Ethernet port that allows remote access via an IP network.

Alarms from the fuel cell system shall appear on a terminal block or similar device to allow wiring to the site alarm telemetry system or inputs on a networked device.

Local display may be provided to display operational conditions or alarms.

Local computer interface shall display all alarms and conditions necessary for fuel cell operation and allow setting/provisioning of all user selectable parameters.

Local computer interface may be web based or command line interface (CLI) driven.

The same capabilities as can be performed locally shall be available via a network connection to the fuel cell system.

The fuel cell shall maintain log files of operational history that monitors parameters as follows:

Total Run Time & Run Time per Event

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DescriptionCheck If

As Specified


Temperature Extremes

Alarm/Events Logs

Bonding/GroundingThe system shall conform to GR-1089-CORE, Section 9 for bonding and grounding.

Adequate grounding of the fuel cell and hydrogen storage system is critical as most installations will be in a tower environment. Adherence to Carrier internal grounding specifications is required.

Fuel cell systems shall provide positively grounded paths on all cabinets, frames and doors that may be movable or bolted in place. Connection to the site earth ground shall be per Carrier installation standards concerning conductor sizing, connections, ground paths, etc.

Fuel cell system shall provide a dedicated earth ground on each cabinet.

ESD ground shall be provided and appropriately labeled for technicians use during maintenance.

Fuel cell system grounding shall conform to applicable sections of the National Electric Code, NFPA 70.

ExhaustThe fuel cell system by-products shall be environmentally benign and for air cooled systems and shall not require an environmental permit from the local air resources board to operate as the exhaust will add no pollutants to the ambient air.

The exhaust of the fuel cell shall not exceed 65°C unless labeled with appropriate “Hot Surface” warning label.

Any water generated as a result of the hydrogen fuel cell reaction shall be adequately handled as not to degrade the performance of the system in the event of ambient temperature below freezing.

Safety and HazardsThe system shall conform to GR-1089-CORE, Section 7 for electrical safety.

The system shall conform to GR-1089-CORE, Section 2 and CE EN 61000-6-3 and EN 61000-4-2 for electrostatic discharge (ESD).

The system shall conform to GR-1089-CORE, Section 3 and CE EN 50165, EN 61000-4-2 and EN 6100-6-2 for electromagnetic interference (EMI).

The system shall conform to GR-1089-CORE, Section 4 for lighting and AC power fault.

The system shall conform to GR-1089-CORE, Section 5 for steady state power induction.

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DescriptionCheck If

As Specified


The fuel cell system design shall not expose personnel to hazardous voltages, harmful chemicals, high temperatures or sharp metal edges during installation, operation or maintenance.

Voltages above 60VDC or 42.4Vrms shall be enclosed or guarded to prevent contact.

Surfaces that may exceed 65°C shall be labeled with appropriate “Hot Surface” warning label.

Adequate signage is required to indicate the potential presence of hydrogen where applicable.

The structural members of the fuel cell system shall not carry or conduct load currents.

System ReliabilityThe system shall have a useful operational life expectancy of ten (10) years with nominal routine maintenance.

The fuel cell stack components shall be rated for at least 1,000 hours of operational runtime at rated power output.

Hydrogen Fuel Supply General DesignThe fuel cell system shall be designed to operate using commercially available compressed industrial grade hydrogen (99.95%).

Fuel shall be able to be refueled while the power system is operating without an interruption of service.

The system shall be equipped with a system of pressure switches or alarms to indicate various fuel levels.

The system should have the option to be equipped with a hydrogen pressure transducer that will transmit an actual fuel level and be made visible through the operations interface.

The hydrogen storage system shall meet the applicable sections of GR-63-CORE and GR-487-CORE with respect to physical and mechanical performance.

The hydrogen storage system may be an integral part of the fuel cell system or a separate assembly/mounting.

Supplier shall propose alternate fuel solutions if available to provide flexibility for hydrogen sources. This may be hydrocarbon fuel reformers, hydrolyzers, high pressure (>3,000 psig) storage tanks, etc.

Hydrogen SpecificationsThe fuel cell system shall operate on commercially available hydrogen with the following specifications:

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DescriptionCheck If

As Specified


Fuel source: Industrial grade hydrogen (purity >99.95%), or other hydrogen fuel as specified.

Maximum fuel CO content: <10 ppm

Maximum fuel sulfur content: <1 ppb

Outdoor Fuel Cell InstallationOutdoor installations will consist of cabinetized fuel cell systems and hydrogen storage components installed on a pre-cast or pour-in-place foundation pad. The site requirements may dictate that the fuel cell is located adjacent or at some distance from the site equipment (load). Specific installations shall conform to the National Electric Code, NFPA 70 and applicable sections of NFPA 55.

Complete documentation and installation kits shall be made available to accommodate outdoor installations.

Outdoor enclosures shall be designed and constructed to meet the required seismic zone requirements as applicable to the installation location.

Installation of the fuel cell shall meet the requirements of GR-487-CORE General Requirements for Electronic Equipment Cabinets.

The Manufacturer shall warrant the enclosure for at least two (2) years.

Indoor Fuel Cell InstallationsIndoor installation of fuel cell systems will be done within the network. Existing shelters or structures that have adequate space for fuel cell racks are candidates for indoor installation. The hydrogen fuel storage may or may not be also housed within the shelter. Special site precautions, controls and ventilation must be ensured for indoor installations.

Complete documentation and installation kits shall be made available to accommodate indoor installations.

The fuel cell system shall be rack mountable. The rack shall be capable of supporting the weight of the fuel cell system in a seismic zone IV environment.

Fuel Cell MaintenanceThe fuel cell system shall not require on-site maintenance more frequently than every six (6) months.

The fuel cell system shall have the capability to self-test/exercise at either factory preset or programmable interval to ensure start-up and operation.

All replaceable and maintenance items shall have individual orderable part numbers and documented procedures on the maintenance steps or replacement procedure.

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3.5 CATEGORY 1 SCENARIOSIt is recognized that fuel cell systems are designed for unique applications and locations and that installations may vary greatly from site to site. The following scenarios are designed to provide information into the design and capabilities of the Manufacturer’s proposed line of equipment. They are only sample applications and will be used for evaluation purposes only. If the Proposer has chosen to respond to Category 1, responses must be given for both scenarios.

The fuel cell system shall be designed as a fully integrated product according to Section 3.4 Product Design Specifications, Outdoor Fuel Cell Installations. The system shall employ robust design and manufacturing methods and have a useful operational life expectancy of not less than ten (10) years. Proposed systems should not include pricing for the hydrogen or hydrogen supply tanks. However, pricing should include any required hydrogen storage cabinets.

3.5.1 Category 1 – Scenario 11kW – 5kW, Stationary Application, Backup Power

Scenario: The site consists of a single-channel microwave repeater radio tower. Because of the criticality of this microwave communication system, it is necessary to keep this site operational and powered at all times. The location is near the end of a single line utility feed which could present a higher risk of primary power loss. In addition, the remote nature of the site means that, in the event of primary power outage, it is more difficult to deploy maintenance personnel to the site. Because of these issues, it is critical that the backup power equipment installed at the site be highly redundant and have the capability for extended backup runtime. The object of the integrated, backup power solution is to have no microwave radio downtime, which requires an absolutely seamless transition to and from backup power as a result of an outage. Proposed system shall be capable of providing 1kW continuous net rated power for the duration of the backup requirement. Elevation is 500’ above sea level. Average low temperature during the month of January is 23°F and average high temperature during the month of July is 88°F. Suggested fuel cell application should meet or exceed the following requirements:

Requirement Complies?Y or N

If proposed application does not comply, please explain:

Backup Runtime:36 hoursPower To Load At Blackout:SeamlessNominal Voltage Output (V):48VMaximum Operating Current (A):15ALocation:Outdoor InstallationSafety Compliance:UL, CSA, CE, ANSI Z21.83, ANSI/CSA FC 1 2005 (FC1) or industry-recognized equivalent. Please specify.

Information Requested ResponseManufacturer

Manufacturer NameModel NameModel Number

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Information Requested ResponsePhysical

Dimensions (W x D x H) (Inches)w/Outdoor Enclosure SystemSystem Footprint (Square Feet)

PerformanceRated Net PowerEfficiency At Rated OutputProvide derating data for variations in temperature, humidity and altitude.

FuelComposition/TypeConfigurationConsumption Per kW Hour

OperationWater EmissionsNoise Emissions

MaintenanceWhat are the maintenance requirements of the proposed system?

OptionsWhat accessories/options are available for the proposed system?

SummaryGive a detailed summary of the proposed system.What components make up the proposed system?

PriceProvide the Manufacturer’s List Price for each component of the proposed system.Provide the Manufacturer’s List Price for the complete proposed system.Explain if there is any difference between the total of the individual components and the total for the system.

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3.5.2 Category 1 – Scenario 21kW – 5kW, Stationary Application, Backup Power

Scenario: The site is a grid-connected communications tower that is operated by the State Patrol but also supports communications for several other agencies. The site has two microwave repeater links, four radios and some auxiliary power devices for visiting service personnel. A diesel generator is not allowed in the area due to noise restrictions. An emergency backup power source is needed to extend the operating time past the 24 hours currently offered by batteries alone. Proposed system shall be capable of providing 4kW continuous net rated power for the duration of the backup requirement. Elevation is 4,000’ above sea level. Average low temperature during the month of January is 20°F and average high temperature during the month of July is 65°F. Suggested fuel cell application should meet or exceed the following requirements:



Backup Runtime:24 hoursPower To Load At Blackout:SeamlessNominal Voltage Output (V):48V DCMaximum Operating Current (A):83ALocation:Outdoor InstallationSafety Compliance:UL, CSA, CE, ANSI Z21.83, ANSI/CSA FC 1 2005 (FC1) or industry-recognized equivalent. Please specify.



PhysicalDimensions (W x D x H) (Inches)w/Outdoor Enclosure SystemSystem Footprint (Square Feet)




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Information Requested ResponseMaintenance

What are the maintenance requirements of the proposed system?




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3.6 CATEGORY 1 PRICING

3.6.1 Price Discount Proposal The Manufacturer is offering a discount of ______% off its List Price for all systems, components, accessories and options in Category 1. Please include a copy of the below referenced price list.

Name of Price List _______________________________________ Dated ___________

The Manufacturer is offering an additional volume discount of (insert additional discount percentage next to quantity indicated below) off the purchase of the indicated number of complete systems:

3.6.2 Maintenance and Repair – PartsThe Manufacturer is offering a discount of ______% off its List Price for non-warranty related maintenance and repair – parts in Category 1.

3.6.3 Maintenance and Repair - ServicesThe Manufacturer is offering a discount of ______% off its List Price for non-warranty related maintenance and repair – services in Category 1.

3.6.4 Extended Warranty The Manufacturer is offering an extension of the full parts and labor warranty up to a period of five (5) years. In the event that the specified warranty period is already included in the Manufacturer’s Warranty, enter “N/C” for cost.

Cost to extend Manufacturer’s Warranty to two (2) years is: $Cost to extend Manufacturer’s Warranty to three (3) years is: $Cost to extend Manufacturer’s Warranty to four (4) years is: $Cost to extend Manufacturer’s Warranty to five (5) years is: $

The extended warranty option shall be available at any time prior to the expiration of the current warranty period. (See Section 3.2 Mandatory Requirements, Paragraph 3.2.6 Warranty and Section 6.11 Manufacturer Warranty.)

2 Systems %3 Systems %4 Systems %5 Systems %

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3.7 CATEGORY 2 SCENARIOSIt is recognized that fuel cell systems are designed for unique applications and locations and that installations may vary greatly from site to site. The following scenarios are designed to provide information into the design and capabilities of the Manufacturer’s proposed line of equipment. They are only sample applications and will be used for evaluation purposes only. If the Proposer has chosen to respond to Category 2, responses must be given for both scenarios.

The fuel cell system shall be designed as a fully integrated product according to Section 3.4 Product Design Specifications, Outdoor Fuel Cell Installations for Scenario 1 and Indoor Fuel Cell Installations for Scenario 2. The system shall employ robust design and manufacturing methods and have a useful operational life expectancy of not less than ten (10) years. Proposed systems should not include pricing for the hydrogen or hydrogen supply tanks. However, pricing should include any required hydrogen storage cabinets.

3.7.1 Category 2 – Scenario 1>5kW – 30kW, Stationary Application, Backup Power

Scenario: The site is a grid-connected visitor center in a state park. It is not on a natural gas line and is approximately 5 miles from the closest town. It consists of a business office, gift shop, public restrooms, residential cabin, vehicle/equipment garage, storage facility and pump house. A diesel generator is located in the pump house as the primary source of backup power. A secondary, emergency backup power source is needed in the event of generator failure or consumption of all diesel fuel. This secondary system should be capable of providing 10kW continuous net rated AC power for critical applications. Elevation is 2,100’ above sea level. Average low temperature during the month of January is 25°F and average high temperature during the month of July is 82°F. Suggested fuel cell application should meet or exceed the following requirements:



Backup Runtime:8 hoursPower To Load At Blackout:<5 min.Nominal Voltage Output (V):120V ACMaximum Operating Current (A):85ALocation:Fuel Cell – Indoors or Outdoors, Fuel Supply - OutdoorsSafety Compliance:UL, CSA, CE, ANSI Z21.83, ANSI/CSA FC 1 2005 (FC1) or industry-recognized equivalent. Please specify.




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Information Requested ResponsePerformance

Rated Net PowerEfficiency At Rated OutputProvide derating data for variations in temperature, humidity and altitude.



MaintenanceWhat are the maintenance requirements of the proposed system?




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3.7.2 Category 2 – Scenario 2>5kW – 30kW, Stationary Application, Backup Power

Scenario: A municipal airport is seeking an emergency backup power system for its flight tower. The proposed fuel cell system should be capable of providing 8kW of continuous net rated power with a peak power rating of 15kW. Peak power rating of 15kW is reached approximately 10% of the time. For the purpose of appropriate system configuration, it shall be accepted that this peak power draw occurs each hour for a sustained duration of six (6) minutes and repeats at equally spaced intervals. Elevation is 3,000’ above sea level. Average low temperature during the month of January is 24°F and average high temperature during the month of July is 89°F. Suggested fuel cell application should meet or exceed the following requirements:



Backup Runtime:6 hoursPower To Load At Blackout:SeamlessNominal Voltage Output (V):48V DCMaximum Operating Current (A):300ALocation:Outdoor InstallationSafety Compliance:UL, CSA, CE, ANSI Z21.83, ANSI/CSA FC 1 2005 (FC1) or industry-recognized equivalent. Please specify.







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Information Requested ResponseMaintenance

What are the maintenance requirements of the proposed system?




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3.8 Category 2 Pricing

3.8.1 Price Discount Proposal The Manufacturer is offering a discount of ______% off its List Price for all systems, components, accessories and options in Category 2. Please include a copy of the below referenced price list.

Name of Price List _______________________________________ Dated ___________

The Manufacturer is offering an additional volume discount of (insert additional discount percentage next to quantity indicated below) off the purchase of the indicated number of complete systems:

3.8.2 Maintenance and Repair - PartsThe Manufacturer is offering a discount of ______% off its List Price for non-warranty related maintenance and repair - parts in Category 2.

3.8.3 Maintenance and Repair - ServicesThe Manufacturer is offering a discount of ______% off its List Price for non-warranty related maintenance and repair – services in Category 2.

3.8.4 Extended Warranty The Manufacturer is offering an extension of the full parts and labor warranty up to a period of five (5) years. In the event that the specified warranty period is already included in the Manufacturer’s Warranty, enter “N/C” for cost.

Cost to extend Manufacturer’s Warranty to two (2) years is: $Cost to extend Manufacturer’s Warranty to three (3) years is: $Cost to extend Manufacturer’s Warranty to four (4) years is: $Cost to extend Manufacturer’s Warranty to five (5) years is: $

The extended warranty option shall be available at any time prior to the expiration of the current warranty period. (See Section 3.2 Mandatory Requirements, Paragraph 3.2.6 Warranty and Section 6.11 Manufacturer Warranty.)

2 Systems %3 Systems %4 Systems %5 Systems %

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3.9 SUPPLEMENTAL INFORMATIONProposers shall complete the following required information. Where additional space is needed and/or where specifically requested, submit an attached letter.

3.9.1 SubcontractorsIdentify any subcontractors who will participate in the fulfillment of contractual requirements and briefly describe the nature of equipment/services to be supplied/performed. Include subcontractors Federal Tax Identification Number (FTIN). If additional space is needed, submit an attachment that follows the same format as below.

Name: Telephone:Address: Fax:

E-Mail:FTIN:

Description of Equipment/Services Provided:


E-Mail:FTIN:



E-Mail:FTIN:


3.9.2 Manufacturer Warranty Attach a copy of the Manufacturer’s product and service warranty for each type of equipment offered in the proposal. A requirement of the contract will be to provide a copy of the product and service warranty with each delivery and/or installation. (See Section 6.11 Manufacturer Warranty.)

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3.9.3 References Proposer has provided Customer Reference Forms (See Attachment “C”) to the following three (3) customers for completion and submission to the RFP Coordinator. In the event that the Reference Forms are not received by the proposal due date, the RFP Coordinator may contact the listed references directly to obtain necessary information. Before contacting the listed reference directly, the RFP Coordinator will first attempt to contact the Proposer.

1. Customer Name:Address:

Contact Person:Title:

Telephone:E-Mail Address:

Give a brief description of the equipment and services provided to this reference:









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3.9.4 Contract Management and Performance PlanManufacturer shall provide a description of their company, its experience supplying, installing and servicing equipment, and a discussion on how they intend to perform the contract through their network of dealers/distributors in the event of contract award. Discuss what fuel cell type is your specialty. Provide an organizational chart identifying key people to be involved in the performance of the contract in the event of award. Include job titles and a brief description of their proposed job duties. Describe the communication plan between Manufacturer and your dealer/distributor network to assure successful contract performance. Provide a copy of your most recent prospectus. Please limit your response to not more than two (2) pages, single-spaced, twelve (12) pt. font, not including the prospectus.

3.9.5 Marketing PlanProvide a plan on how you propose to roll out and market the contract to participating states. Please limit your response to not more than two (2) pages, single-spaced, twelve (12) pt. font.

3.9.6 Dealer/Distributor Support Network Provide a complete list of the Manufacturer’s proposed dealer/distributor network and/or sales representatives to be involved in contract performance. This list should include the following:

Dealer/Distributor Name Contact Person/Title Alternate Contact Person/Title Address Telephone Number(s) Fax Number E-mail State/Region Served

Identify the number of trained/certified service personnel dispatched and supported out of each location for contract equipment. If service personnel are not dispatched and supported out of the dealer/distributor’s facility, explain how they are dispatched and supported. This response should also address the maximum response time for service personnel to be on-site in the event of system malfunction and/or failure.

3.9.7 Training PlanGive a description of the training you provide to customers at time of equipment delivery or at installation (if requested). What steps are taken to insure that the customer is adequately trained in the operation and maintenance of the equipment? Please limit your response to not more than two (2) pages, single-spaced, twelve (12) pt. font.

3.9.8 Product Literature and Reference Price ListAttach a copy of the Manufacturer’s product literature and associated Manufacturer’s price list for all products and services offered in response to this RFP package.

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3.10 CERTIFICATIONS AND ASSURANCES

Certifications and AssurancesRequest For Proposal for

Fuel Cell Power Units, Components and AccessoriesIssued by the State of Washington, Department of General Administration, Office of State Procurement

We 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 related Contract.

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 proposer or competitor relating to (1) those prices, (2) the intent to submit an offer, or (3) the methods or factors used to calculate the prices offered. The prices in this Proposal have not been, and will not knowingly be, disclosed by the proposer, directly or indirectly, to any other proposer or competitor before Contract award unless otherwise required by law. No attempt has been made or will be made by the proposer 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 or Bid.

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 is resolved, whichever is later.

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 solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Proposal. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

We understand that the State will not reimburse us for any costs incurred in the preparation of this 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 solicitation document.

We understand that any Contract awarded, as a result of this Proposal will incorporate all the solicitation requirements. Submission of a Proposal and execution of this Certifications and Assurances document certify our willingness to comply with the RFP terms and conditions, 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 this solicitation.

(Vendor Signature) (Date)

(Print Name) (Vendor Company Name)

(Title) (E-Mail Address)

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4. PROPOSAL FORMAT AND EVALUATION4.1 Proposal Format

Proposers are to submit their proposal in the following format. Proposals not in this format may not be considered for award.

Proposals should be submitted in a three-ring binder with tabbed sections where appropriate for ease in referencing required documents. References to supporting documentation provided outside specific sections should be clearly labeled for easy identification. See Section 2 Checklist to make sure that all required documents have been submitted. Proposals must be signed by an official authorized to bind the Proposer to its provisions. Proposer shall provide one (1) original plus three (3) exact copies for the benefit of the Proposal Evaluation Team.

4.2 Proposal EvaluationIn conjunction with the Competitive Procurement Standards, Section 3 Standard Terms & Conditions, Paragraph 28 Award Factors, Contract award shall be made to at least one (1), but not more than three (3), Proposer(s) for each of the two (2) categories specified in Section 1.5 Scope, as is in the best interest of the State. Proposals shall be evaluated to determine the “best value” for the State and WSCA. The RFP Coordinator may reject any or all proposals or overlook minor informalities in any proposal as is necessary to complete the evaluation process. Evaluations shall be made on a point allocation basis as described below:

The top scoring proposal will be that proposal that is judged to be both responsive and responsible and has the highest numeric score derived from the scoring matrix.

Proposals other than the top scoring proposal that are determined by the RFP Coordinator to be in the competitive range may be awarded a contract. Award values will be arranged from high to low and awardees may be selected based on an apparent competitive range (clustering of award values).

A Proposal Evaluation Team has been formed to assist in the award and evaluation of proposals. The Evaluation Team shall be made up of evaluators familiar with the industry and the anticipated need for fuel cell applications. The selection method for this proposal will be consistent with the following steps:

4.2.1 Responsiveness EvaluationProposals will be reviewed by the RFP Coordinator for responsiveness. (Reference Section 3.2 Mandatory Requirements as well as other responsiveness requirements throughout this document.) When responding to the scenarios in Category(ies) 1 and/or 2, it is required that systems be proposed for both scenarios in the category. Failure to respond to both scenarios will cause a proposal to be judged non-responsive. Proposals must be received by the Office of State Procurement prior to the due date and time. Original documents will be stamped by the Bid Clerk with the date and time received. Proposals must provide responses to all RFP requirements as presented in this document. Proposal must be accompanied by an original, signed “Offer and Award” form and “Certifications and Assurances” form. Proposals arriving by fax or email will not be accepted and will be judged non-responsive. The Responsiveness Evaluation is on a pass/fail basis. All responsive proposals will move on to scoring.

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4.2.2 Scoring Matrix Proposals advancing to the scoring stage of the evaluation process will be scored in three (3) categories as outlined in the following Scoring Matrix.

TOPICS EVALUATED

POINT VALUE NOTES POINTS

AWARDEDPrice/Cost Evaluation Factors (50%)

Price Competitiveness 160Volume Pricing 20Extended Warranty 20

Technical Evaluation Factors (30%)Specifications and Scenario Evaluation 80Warranty 40

Non-Cost Evaluation Factors (20%)Contract Management and Performance Plan 20Dealer/Distributor Support Network 20Training Plan 15Marketing Plan 15References 10

400 Points

Available

Sum =Total Points

Awarded

4.2.3 Scoring FormulaScoring will be a collaborative effort between the RFP Coordinator and the Proposal Evaluation Team.

For all fully responsive proposals, the RFP Coordinator shall be responsible for evaluating the Price/Cost Evaluation Factors. The proposal(s) offering the lowest cost for each of the three (3) individual topics listed in this section shall be assigned the maximum number of points for that individual section. Proposals offering higher costs shall receive proportionally fewer awarded points. For example: The proposal with the lowest cost established for the topic “Price Competitiveness” would receive one-hundred-fifty (150) awarded points. If the lowest cost is $10,000 and the next lowest cost is $12,000 then the next lowest cost would receive one-hundred-twenty-five (125) awarded points. The formula used to arrive at this number of awarded points is as follows:

10,000 (Lowest Price) = 1.00 (Multiplier) X 160 (Point Value) = 160 (Awarded Points)10,000 (Lowest Price)/12,000 (Next Lowest Price) = 0.8333 (Multiplier) X 150 (Point Value) = 133 (Awarded Points)

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For all fully responsive proposals, the Proposal Evaluation Team shall be responsible for evaluating the Technical Evaluation Factors and Non-Cost Evaluation Factors. Each topic will be given a score ranging from one (1) to ten (10) with one (1) being the lowest and ten (10) being the highest. The score will then serve as a percentage multiplier to establish the number of points to be awarded. For example: A score of eight (8) for the topic titled “Marketing Plan” would receive twelve (12) awarded points out of a possible fifteen (15). The formula used to arrive at this number of awarded points is as follows:

8 (Topic Score)/10 = 0.80 (Multiplier) X 15 (Point Value) = 12 (Awarded Points)

The amount of awarded points for all three (3) sections will be totaled and rounded to the nearest whole number thus arriving at the Proposer’s final score.

4.2.4 Competitive RangeDuring the evaluation process, cost and non-cost factors will be added together for evaluation purposes to determine the “competitive range” and thus the “best value” for the State and WSCA. When establishing the competitive range, the RFP Coordinator will take into consideration the size of the Vendor pool needed to ensure the necessary variety and availability of contract products and support services throughout the WSCA participating states.

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5. CONTRACT REQUIREMENTS

5.1 RETENTION OF RECORDSContractor(s) shall maintain, for at least three (3) years after completion of the contract, all relevant records pertaining to the contract. This shall include, but not be limited to, all records pertaining to actual contract performance from the date of contract award. It shall also include information necessary to document the level of utilization of MWBE’s and other businesses as subcontractors and suppliers in the contract as well as any efforts the Contractor makes to increase the participation of MWBE’s. The Contractor shall also maintain, for at least three (3) years after completion of the contract, a record of all quotes, bids, estimates, or proposals submitted to the Contractor by all businesses seeking to participate as subcontractors or suppliers in the contract. The State shall have the right to inspect and copy such records. If the contract involves federal funds, Contractor shall comply with all record keeping requirements set forth in any federal rules, regulations, or statutes included or referenced in the contract documents.

5.2 REPORTSContractor(s) must provide the following report(s) to the Office of State Procurement:

5.2.1 Sales and Subcontractor Report Contractor(s) must submit quarterly usage reports through the Contract Sales Reporting System located on the Internet at: https://fortress.wa.gov/ga/apps/CSR/login.aspx. Total purchases for each State of Washington Agency, University and Community/Technical College must be shown separately. Total purchases for all political subdivisions and non-profit organizations may be summarized as one customer. Additionally, cumulative totals for each individual participating state must be reported.

Reports must be submitted within thirty (30) days after the end of the calendar quarter. (i.e. – no later than April 30th, July 31st, October 31st and January 31st.)

5.2.2 Equipment Placement ReportEach time a new fuel cell unit is sold, the Contractor shall provide the Contract Administrator with the following information:

Purchaser System Provided Location Total CostInclude purchasing State, agency or division and contact person.

Provide name of fuel cell unit, rated power and type of fuel used.

Provide location where fuel cell is to be installed (if known).

Total cost of unit. If installation was provided, list as a separate total.

5.3 INSURANCEGeneral Requirements: Contractor shall, at their own expense, obtain and keep in force insurance as follows until completion of the contract. Within fifteen (15) calendar days of receipt of notice of award, the Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to the State that insurance, in the following kinds and minimum amounts has been secured. Failure to provide proof of insurance, as required, will result in contract cancellation.

Contractor shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of

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subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.

All insurance provided in compliance with the contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by State.

Specific Requirements:

Employers Liability (Stop Gap): The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employer’s Liability insurance with a limit of no less than $1,000,000.00. The State will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of the contract. Commercial General Liability Insurance: The Contractor shall at all times during the term of the contract, carry and maintain commercial general liability insurance and if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under the contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assignees, or servants.

The insurance shall also cover bodily injury, including disease, illness, and death and property damage arising out of the Contractor’s premises/operations, independent contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability) conditions.

Contractor waives all rights against the State for the recovery of damages to the extent they are covered by general liability or umbrella insurance.

The limits of liability insurance shall not be less than as follows:

General Aggregate Limits (other than Products-Completed Operations) $ 2,000,000Products-Completed Operations Aggregate $ 2,000,000Personal and Advertising Injury Aggregate $ 1,000,000Each Occurrence (applies to all of the above) $ 1,000,000Fire Damage Limit (per occurrence) $ 50,000Medical Expense Limit (any one person) $ 5,000

Business Auto Policy (BAP): In the event that services delivered pursuant to the contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease and death; and property damage caused by an occurrence arising out of or in consequence of the performance of this service by the Contractor, subcontractor, or anyone employed by either.

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Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1,000,000 per occurrence. The business auto liability shall include Hired and Non-Owned coverage.

Contractor waives all rights against the State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.

Additional Provisions: Above insurance policies shall include the following provisions:

Additional Insured: The State of Washington and all authorized contract users shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

Notice of policy(ies) cancellation/non-renewal: For insurers subject to RCW 48.18 (Admitted and regulated by the Washington State Insurance Commissioner) a written notice shall be given to the State forty-five (45) calendar days prior to cancellation or any material change to the policy(ies) as it relates to the contract.

For insurers subject to RCW 48.15 (Surplus Lines) a written notice shall be given to the State twenty (20) calendar days prior to cancellation or any material change to the policy(ies) as it relates to the contract.

If cancellation on any policy is due to non-payment of premium, the State shall be given a written notice ten (10) calendar days prior to cancellation.

Identification: Policy(ies) and Certificates of Insurance must reference the State’s bid/contract number.

Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports. Any exception must be reviewed and approved by the Risk Manager for the State of Washington, by submitting a copy of the contract and evidence of insurance before contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with RCW 48.15 and WAC 284-15.

Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits.

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6. SPECIAL TERMS AND CONDITIONS

6.1 REFERENCE PRICE LISTSContractors must maintain an Internet website where their Manufacturer’s List Price and corresponding contract discount price are made available to users of the contract. (See Section 3.2 Mandatory Requirements, Paragraph 3.2.6 Internet Pricing Availability.)

6.2 PRICING AND ADJUSTMENTS

6.2.1 FOB Destination Pricing All proposal pricing shall be FOB Destination with cost of freight included in the cost of product. For purchasers in Hawaii, shipping terms will be FOB Long Beach, California and for purchasers in Alaska, shipping terms will be FOB Seattle, Washington. (See Section 3.2 Mandatory Requirements, Paragraph 3.2.5 Pricing Offer.)

6.2.2 Cost of Proposal Preparation All pricing shall include the cost of proposal preparation, servicing of accounts and all contractual requirements.

6.2.3 Pricing Increase Pricing shall not increase during the initial twenty-four (24) month term of the contract. (See Section 1.5 Scope, Paragraph 1.5.10 Contract Term.) Increases in pricing will be considered after the initial twenty-four (24) month term of the contract on a pass through basis only. A minimum of thirty (30) calendar days advance written notice of price increase is required which is to be accompanied by sufficient documentation to justify the requested increase. A request for price increase may be supported by an increase at the Manufacturer’s level but the increase shall not produce a higher profit margin than that established on the original contract pricing. Acceptance will be at the discretion of the Contract Administrator. If a price increase is approved, additional price increases on that item or service shall not be considered again until a twelve (12) month time period has elapsed.

6.2.4 Pricing Decrease During the contract period, any price declines at the Manufacturer’s level or cost reductions to Contractor shall be reflected in a reduction of the Contract price retroactive to Contractor’s effective date. Additionally, should the Contractor enter into pricing agreements with other customers providing greater benefits or lower pricing, Contractor shall immediately amend the contract to provide similar pricing to the participating states if the contract with other customers offers similar usage quantities and/or similar conditions impacting pricing. Contractor shall immediately notify the Contract Administrator of any such contracts entered into by Contractor.

6.3 BULK PLACEMENTS AND SPECIAL PROMOTIONSContractor may offer discounted pricing for bulk placements of two (2) or more systems or Contractor may offer promotional discounts on products or services at any time during the contract period. However, any price reductions must be made available to all contract customers and shall be valid for a minimum period of thirty (30) calendar days.

6.4 CONTRACTOR PERFORMANCEThe Contract Administrator, in conjunction with purchasers, monitors and maintains records of Contractor performance. Said performance shall be a factor in evaluation and award of the

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contract and all future contracts. Purchasers will be provided with product/service performance report forms to forward reports of superior or poor performance to the Contract Administrator.

6.5 PACKAGINGUnless otherwise specified, goods are to be packaged in cartons meeting federal specifications. Individual shipping cartons shall be labeled with the name of the ordering agency, order number, contract number, Contractor, and where applicable, date of manufacture and storage requirements. Proposers are encouraged to offer product packaging with recycled content.

6.6 CONTRACT ADDITIONS/DELETIONSDuring the term of the contract, Contractor may add or delete contract equipment introduced or removed from the market by the Manufacturer provided the equipment falls within the scope of the Contract. (See Section 1.5 Scope.) New equipment must be adequately described and the associated Manufacturer’s List Price and contract price must be shown. Pricing must utilize the same pricing discount as was used for other equipment falling into the same product category.

6.7 OSHA AND WISHA REQUIREMENTSContractor agrees to comply with conditions of the Federal Occupational Safety and Health Acts of 1970 (OSHA), as may be amended, and, if it has a workplace within the State of Washington, the Washington Industrial Safety and Health Act of 1973 (WISHA), as may be amended, and the standards and regulations issued thereunder and certifies that all items furnished and purchased under this order will conform to and comply with said standards and regulations. Contractor further agrees to indemnify and hold harmless purchaser from all damages assessed against purchaser as a result of Contractor’s failure to comply with acts and standards thereunder and for the failure of the items furnished to so comply.

6.8 PURCHASING CARD ACCEPTANCEIn an effort to streamline the purchasing and payment process, the State of Washington 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 contractors accept credit card purchases, we encourage all State contractors to consider this alternate payment process. Please indicate in Section 3.3 Proposal Information, Paragraph 3.3.1 Prompt Payment Discount and Paragraph 3.3.2 Purchasing (Credit) Cards Accepted, which card(s) you presently accept and payment discount you may offer users of the contract.

6.9 SPECIAL EQUIPMENT AND/OR TOOLSIf required, one (1) set of any special equipment and/or tools needed for normal, routine maintenance shall be provided by the Manufacturer at no cost.

6.10 AVAILABILITY OF REPAIR PARTSManufacturer must guarantee the availability of repair parts for all fuel cell applications sold through the contract for a minimum of five (5) years subsequent to customer’s acceptance of the contract equipment.

6.11 CUSTOMER SERVICE AND SUPPORT

6.11.1 Sales Representatives Contractors will provide professional sales representatives that are courteous and knowledgeable about the goods and services supplied through the contract. Contractor must provide immediate attention to problem areas as they arise regardless of sales location. Proposers are to identify their sales representatives and the specific territories

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they service. (See Section 3.9 Supplemental Information, Paragraph 3.9.6 Dealer/Distributor Support Network.)

6.11.2 Telephone Sales Service Contractors shall provide at no additional charge, over-the-phone customer service regarding goods and services available through the contract.

6.11.3 Customer Technical SupportContractor shall provide telephone support for customers with technical questions and problem troubleshooting. Callers must be provided assistance with problem determination and resolution and scheduling of repairs. Contractor must follow-up within four (4) working hours of receipt of customer’s telephone call. A request for technical assistance or support on equipment or software shall be responded to within four (4) working hours of request by professional and knowledgeable technical support staff. Contractor shall provide names and telephone numbers of technical support personnel upon customer’s request.

611.4 Order Development Within forty-eight (48) hours of request, Contractor will respond by telephone to provide customer assistance with identifying fuel cell performance requirements and/or order development, including composition and pricing of contract equipment/services. Additionally, at the customer’s request, the Contractor will provide a written quote, in the form of an email or fax, that lists all components and/or services mentioned in the order development. This quote should include a line item description of each component, pricing and expected delivery time after receipt of order. If installation is requested, this price should be listed separately. (See Section 1.5 Scope and Section 3.2 Mandatory Requirements, Paragraph 3.2.4 Installation.)

6.12 MANUFACTURER WARRANTYProposer will submit a copy of the Manufacturer’s standard warranty as an attachment to the proposal (See Section 3.9 Supplemental Information, Paragraph 3.9.2 Manufacturer Warranty.) and with all equipment delivered under the contract. The Manufacturer shall warrant the fuel cell system and components for at least one (1) year for parts and labor against workmanship or material defects. The Manufacturer shall warrant the fuel cell system software and craft interface software for at least ninety (90) days against errors or media defects. The Manufacturer shall warrant services and installation for at least one (1) year from date of job completion against workmanship defects. The warranty period will commence upon the completion of acceptance testing or ninety (90) days from shipment, whichever is earlier.

The Manufacturer shall provide the customer an option to purchase an extension of the full parts and labor warranty up to a period of five (5) years. Any extended warranties beyond five (5) years are subject to negotiation between the customer and the Manufacturer at pricing levels that are similar to contract pricing. The extended warranty option(s) is/are to be made available at any time prior to the expiration of the current warranty period.

In the event of conflict between contract terms and conditions and Manufacturer’s warranty, to afford the Purchaser maximum benefits, the contract terms and conditions shall prevail.

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6.13 SUPPORT FOR DEFECTIVE UNITSFuel cell systems, including all accessories and software, supplied through the contract shall be reliable and shall perform to Manufacturer’s published standards of performance. Fuel cell systems that become non-operational or unreliable due to defect in workmanship during the warranty period shall be repaired at the Contractor’s expense, including all parts, labor and shipping expenses. If more than seven (7) calendar days are needed for removal, repair and re-installation of the defective fuel cell, at the customer’s request, Contractor will install a fuel cell of like kind and capabilities until the original unit is repaired and re-installed.

6.14 SERVICE AND MAINTENANCE SUPPORT

6.14.1 Service/Maintenance Technicians Contractor shall have a service organization staffed by full-time employees of the Contractor or designated by the Contractor as their full-time authorized representative. All warranty or maintenance services to be performed on contract equipment as well as any associated hardware or software shall be performed by Manufacturer certified technicians properly trained and/or authorized to perform such services.

6.14.2 Maintenance Maintenance is defined as the service required to maintain contract equipment at performance levels equal to or greater than the performance specified and published by the equipment Manufacturer.

6.14.3 Repair Parts In the event that the performance of maintenance services under the contract results in a need to replace defective parts, such items may only be replaced by new parts. In no instance shall the Contractor be permitted to replace defective parts or components with refurbished, remanufactured or surplus items without prior written authorization of the customer. The Contractor must maintain an adequate supply of spare parts and components.

6.14.4 Costs Maintenance costs for parts and service after the warranty period shall be charged at the Contractor’s standard published price, less any applicable contract discounts.

6.15 PROPRIETARY INFORMATIONAny document(s) or information which the Manufacturer believes is exempt from public disclosure under The Public Disclosure Act (RCW 42.17.310), or under The Uniform Trade Secrets Act (RCW 19.108.010) shall be clearly identified by Manufacturer and placed in a separate envelope marked with RFP number, Manufacturer’s name, and the words “Proprietary Information” 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 Manufacturer of any request(s) for disclosure within a period of five (5) years from date of award. The requested information will be released to the requestor unless Manufacturer obtains a court order enjoining that disclosure. If Manufacturer fails to obtain the court order enjoining disclosure, OSP will release the requested information on the date specified.

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 Manufacturer of any claim that such information was, in fact, so exempt.

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7. ATTACHMENT “A” WSCA STANDARD CONTRACT TERMS AND CONDITIONSPARTICIPANTSWestern States Contracting Alliance (“WSCA”) is a cooperative group contracting consortium for state government departments, institutions and political subdivisions (i.e., colleges, school districts, counties, cities, etc.) for the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Minnesota, Montana, Nevada, New Mexico, Oregon, South Dakota, Utah, Washington, and Wyoming. Obligations under this contract are limited to those Participating States who have signed (and not revoked) an Intent to Contract at the time of award, or who have executed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting price agreement(s) will be permissive. Additional States may be added with the consent of the contractor and the Lead State (on behalf of the WSCA Participating States) through execution of a Participating Addendum.

DEFINITIONS“Lead State” means the State conducting this cooperative solicitation and centrally administering any resulting price agreement.

“Offer” or “Bid” or “Proposal” refers to the offer submitted in response to a solicitation, whether denominated as an invitation to bid, invitation for bid, request for proposal, or otherwise. “Bidder” or “Offeror” similarly refers to the person, company, or other entity submitting the bid or proposal that constitutes an offer capable of acceptance, regardless of the solicitation method used.

“Permissive price agreement” means that placement of orders through the price agreement is discretionary with Purchasing Entities. They may satisfy their requirements through the price agreement without using statutory or regulatory procedures (e.g. invitations for bids) to solicit competitive bids or proposals. Purchasing Entities may, however, satisfy requirements without using the price agreement so long as applicable procurement statutes and rules are followed.

“Participating Addendum” means a bilateral agreement executed by the contractor and a Participating State that clarifies the operation of the price agreement for the State concerned, e.g. ordering procedures specific to a State, and may add other state-specific language or other requirements.

“Participating State” means a member of WSCA who has indicated its intent to participate as disclosed on the solicitation, or who subsequently signs a Participating Addendum where contemplated by the solicitation.

“Purchasing Entity” means a Participating State or another legal entity, such as a political subdivision, properly authorized by a Participating State to enter into a contract for the purchase of goods described in this solicitation. Unless otherwise limited in this solicitation or in a Participating Addendum, political subdivisions of Participating States are Purchasing Entities and Participants authorized to purchase the goods and/or services described in this solicitation.

QUANTITY ESTIMATESEstimated quantities are informational and not to be construed as a warranty of accuracy of historical or anticipated volumes or a guarantee to purchase any amount.

SPECIFICATIONSAny deviation from specifications must be clearly indicated by offeror, otherwise, it will be considered that the proposal is in strict compliance. When BRAND NAMES or manufacturers’ numbers are stated in the

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specifications they are intended to establish a standard only and are not restrictive unless the solicitation says “no substitute.” Offers will be considered on other makes, models or brands having comparable quality, style, workmanship and performance characteristics. Alternate proposals offering lower quality or inferior performance will not be considered.

ACCEPTANCE OR REJECTION OF BIDS AND PROPOSALSThe Lead State reserves the right to accept or reject any or all bids or proposals, or parts of bids or proposals, and to waive informalities therein.

SAMPLESGenerally, when required, samples will be specifically requested in the solicitation. Samples, when required, are to furnished free of charge. Except for those samples destroyed or mutilated during testing, samples will be returned at an offeror’s request, transportation collect.

CASH DISCOUNT TERMSOfferor may quote a cash discount based upon early payment; however discounts offered for less than 30 days will not be considered in making the award. The date from which discount time is calculated shall be the date a correct invoice is received or receipt of shipment, whichever is later; except that if testing is performed, the date shall be the date of acceptance of the merchandise.

TAXESOffered prices shall be exclusive of state sales and federal excise taxes. Where the state government entities are not exempt from sales taxes on sales within their state, the contractor shall add the sales taxes on the billing invoice as a separate entry.

MODIFICATION OR WITHDRAWAL OF BIDS AND PROPOSALSBids and proposals may be modified or withdrawn prior to the time set for receipt of bids or proposals. After the time set for receipt of bids or proposals, no proposal may be modified or withdrawn.

PATENTS, COPYRIGHTS, ETC.The Contractor shall release, defend, indemnify, and hold harmless WSCA, the Participating States, and the Purchasing Entities, as well as the officers, agents and employees of WSCA, the Participating States and the Purchasing Entities, from liability of any kind or nature, including the Contractor’s use of any copyrighted or uncopyrighted composition, process, patented or unpatented invention, article or appliance furnished or used in performance of this contract.

AWARDMultiple contracts may be awarded as a result of this solicitation. Awards in requests for proposals (competitive sealed proposals) shall be made to the responsible offeror(s) whose proposals are determined to the most advantageous to the Participating States, taking into consideration price and the other evaluation factors set forth in the solicitation. Unless otherwise stated in the solicitation, an award in an solicitation denominated as an RFP will be made to the lowest responsive and responsible bidder(s) meeting specifications and all bid terms and conditions. The Participating States reserve the right to award items separately or by grouping items, or by total lot.

NON-COLLUSIONBy signing the proposal the offeror certifies that the proposal submitted, has been arrived at independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other vendor of materials, supplies, equipment or services described in the solicitation, designed to limit independent bidding or competition.

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TERMINATIONUnless otherwise stated in the solicitation, any contract entered into as a result of this solicitation may be terminated by either party upon 60-days notice, in writing, prior to the effective date of the termination. Further, any Participating State may terminate its participation upon 30-days written notice, unless otherwise limited or stated in the special terms and conditions of the solicitation. Any termination under this provision shall not effect the rights and obligations attending orders outstanding at the time of cancellation, including any right of any Purchasing Entity to indemnification by the Contractor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order.”

DEFAULT AND REMEDIES:

1. Any of the following shall constitute cause to declare the contract or any order under this contract in default:

a. Nonperformance of contractual requirements; or b. A material breach of any term or condition of this contract.

2. A written notice of default, and an opportunity to cure, shall be issued by the party claiming default, whether the Lead State (in the case of breach of the entire agreement), a Participating State (in the case of a breach of the Participating Addendum), the Purchasing Entity (with respect to any order), or the Contractor. Time allowed for cure shall not diminish or eliminate any liability for liquidated or other damages.

3. If the default remains after the opportunity for cure, the non-defaulting party may:

a. Exercise any remedy provided by law or equityb. Terminate the contract or any portion thereof, including any orders issued against the

Contractc. Impose liquidated damages, as specified in the solicitation or Contractd. In the case of default by the contractor, and to the extent permitted by the law of the

Participating State or Purchasing Entity, suspend contractor from receiving future orders or solicitations.

LAWS AND REGULATIONSAny and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations.

CONFLICT OF TERMSIn the event of any conflict between these standard WSCA terms and conditions and any special terms and conditions in the solicitation, the special terms and conditions shall govern.

REPORTSThe contractor shall submit quarterly reports to the Lead State contract administrator, and upon request to any Participating State, showing the quantities and dollar volume of purchases by each Purchasing Entity.

HOLD HARMLESSThe contractor shall release, defend, indemnify and hold harmless WSCA, the Participating States, and the Purchasing Entities, as well as the officers, agents and employees of WSCA, the Participating States and the Purchasing Entities, from and against any damage, cost or liability, including reasonable attorneys fees for any

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or all injuries to persons, property or claims for money damages arising from acts or omissions of the contractor, its employees or subcontractors or volunteers.

ORDER NUMBERSContract order and purchase order numbers shall be clearly shown on all acknowledgments, shipping labels, packing slips, invoices, and on all correspondence.

GOVERNING LAW AND VENUEThis procurement shall be governed and the resulting price agreement construed in accordance with the laws of the Lead State (Washington). The construction and effect of any Participating Addendum or order against the price agreement shall be governed by and construed in accordance with the laws of the Purchasing Entity’s State. Venue for any claim, dispute or action concerning the construction and effect of the price agreement shall be in the Lead State. Venue for any claim, dispute or action concerning an order placed against the price agreement or the effect of a Participating Addendum or shall be in the Purchasing Entity’s State.

DELIVERYThe prices offered shall be the delivered price to any WSCA state agency or political subdivision. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the contractor. Responsibility and liability for loss or damage shall remain the Contractor until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an order to be shipped without transportation charges that is back ordered shall be shipped without charge.

WARRANTY (Including Year 2001)As used herein “Purchasing entity” refers to any WSCA state agency or political subdivision. The contractor agrees to warrant and assume responsibility for each hardware, firmware, and/or software product (hereafter called the product) that it licenses, or sells, to the Purchasing Entity under this contract. The contractor acknowledges that the Uniform Commercial Code applies to this contract. In general, the contractor warrants that: (a) the product will do what the salesperson said it would do, (b) the product will live up to all specific claims that the manufacturer makes in their advertisements, (c) the product will be suitable for the ordinary purposes for which such product is used, (d) the product will be suitable for any special purposes that the Purchasing Entity has relied on the contractor’s skill or judgement to consider when it advised the Purchasing Entity about the product, (e) the product has been properly designed and manufactured, and (f) the product is free of significant defects or unusual problems about which the Purchasing Entity has not been warned. In general, “year 2001 compatibility and fitness” means: (1) the product warranted by the contractor will not cease to perform before, during, or after the calendar year 2001, (2) the product will not produce abnormal, invalid, and/or incorrect results before, during, or after the calendar year 2001, (3) will include, but not be limited to, date data century recognition, calculations that accommodate same century and multi-century formats, date data values that reflect century, and (4) accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twenty-first centuries, including leap year calculations. If problems arise, the contractor will repair or replace (at no charge to the Purchasing Entity) the product whose noncompliance is discovered and made known to the contractor in writing. Nothing in this warranty will be construed to limit any rights or remedies the Purchasing Entity may otherwise have under this contract with respect to defects.

AMENDMENTSThe terms of this contract shall not be waived, altered, modified, supplemented or amended in any manner whatsoever without prior written approval of the Contract Administrator of the Lead State.

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ASSIGNMENT/SUBCONTRACTContractor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the Contract Administrator of the Lead State.

NONDISCRIMINATIONThe offeror agrees to abide by the provisions of Title VI and Title VII of the Civil Rights Act of 1964 (42 USC 2000e), which prohibit discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age, and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. The offeror further agrees to furnish information and repots to requesting State(s), upon request, for the purpose of determining compliance with these statutes. Offeror agrees to comply with each individual state’s certification requirements, if any, as stated in the special terms and conditions. This contract may be canceled if the offeror fails to comply with the provisions of these laws and regulations. The offeror must include this provision in very subcontract relating to purchases by the States to insure that subcontractors and vendors are bound by this provision.

SEVERABILITYIf any provision of this contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular provision held to be invalid.

INSPECTIONSGoods furnished under this contract shall be subject to inspection and test by the Purchasing Entity at times and places determined by the Purchasing Entity. If the Purchasing Entity finds goods furnished to be incomplete or in compliance with proposal specifications, the Purchasing Entity may reject the goods and require Contractor to either correct them without charge or deliver them at a reduced price, which is equitable under the circumstances. If Contractor is unable or refuses to correct such goods within a time deemed reasonable by the Purchasing Entity, the Purchasing Entity may cancel the order in whole or in part. Nothing in this paragraph shall adversely affect the Purchasing Entity’s rights including the rights and remedies under the Uniform Commercial Code.

PAYMENTPayment for completion of an contract is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contractor may assess overdue account charges up to a maximum rate of one percent per month on the outstanding balance. Payments will be remitted by mail. Payments may be made via a Purchasing Entity’s “Purchasing Card”.

FORCE MAJEURENeither party to this contract shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party’s reasonable control. The Lead State may terminate this contract after determining such delay or default will reasonably prevent successful performance of the contract.

HAZARDOUS CHEMICAL INFORMATIONThe Contractor will provide one set of the appropriate material safety data sheet(s) and container label(s) upon delivery of a hazardous material to the Purchasing Entity agency. All safety data sheets and labels will be in accordance with each participating state’s requirements.

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FIRM PRICEUnless otherwise stated in the special terms and conditions, for the purpose of award, offers made in accordance with this solicitation must be good and firm for a period of ninety (90) days from the date of receipt of bids or proposals. Prices must remain firm for the full term of the contract.

EXTENSION OF PRICESIn the case of error in the extension of prices in the proposal, the unit prices will govern.PROPOSAL PREPARATION COSTSWSCA is not liable for any costs incurred by the offeror in preparation of the bid or proposal.

CERTIFICATION REGARDING CONFLICT OF INTERESTContractor certifies that it has not offered or given any gift or compensation prohibited by the state laws of any Participating State to any officer or employee of WSCA or Participating States to secure favorable treatment with respect to being awarded this contract.

INDEPENDENT CONTRACTORContractor shall be an independent contractor, and as such shall have no authorization, express or implied to bind the Participating States states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA or the states, except as expressly set forth herein.

POLITICAL SUBDIVISION PARTICIPATIONParticipation under this contract by political subdivisions (i.e., colleges, school districts, counties, cites, etc.,) of the WSCA participating states shall be voluntarily determined by the political subdivision. The contractor agrees to supply the political subdivisions based upon the same terms, conditions and prices.

CERTIFICATION REGARDING DEBARMENTThe Contractor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract) by any governmental department or agency. If the CONTRACTOR cannot certify this statement, attach a written explanation for review by WSCA.

RECORDS ADMINISTRATIONThe contractor will maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the contractor for costs authorized by this contract. These records will be retained by the contractor for at least four years after the contract terminates, or until all audits initiated within the four years have been completed, whichever is later.

AUDIT OF RECORDSThe contractor agrees to allow WSCA, State and Federal auditors, and state agency staff access to all the records to this contract, for audit and inspection, and monitoring of services. Such access will be during normal business hours, or by appointment.

PRICES AS CEILINGPrice agreement prices represent ceiling prices for the supplies and services priced in the price agreement. The vendor shall report to the Lead State any price reduction or discount, or other more favorable terms, offered to any Purchasing Entity, and the awarded vendor agrees to negotiate in good faith to reestablish ceiling prices or other more favorable terms and conditions applicable to future orders.

STATE PARTICIPATION/UNIQUE TERMS AND CONDITIONSApart from the Lead State conducting the solicitation, the States indicated on Attachment D have signified their intent to enter into a price agreement and, except where Attachment D or the solicitation requires execution of a

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Participating Addendum, are considered Participating States for purposes of this solicitation and the resulting contract. Attachment D of the Solicitation includes any significant State-specific provisions required by the laws, regulations, or procurement practices of the State(s).

Additional States may be added with the consent of the contractor and the Lead State (on behalf of the WSCA Participating States) through execution of a Participating Addendum.Revision Date: February 2001

ADMINISTRATIVE FEEIn the event the contract is designated as a WSCA contract inclusive of Washington, a management fee of one-half percent (0.5%) will be assessed to the vendor(s) centrally for all purchases under the contract (Fuel Cell Power Units, Components and Accessories). This fee is due quarterly and paid to Western States Contracting Alliance.

Additional administrative fees maybe added by individual states. These fees will be negotiated and addressed in each states participating addendum or Attachment “A” of the Bid document, “State Unique Terms and Conditions”. These administrative fees will only apply to purchases made in that state and charged to that state.

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8. ATTACHMENT “B” PARTICIPATING ADDENDUM

PARTICIPATING ADDENDUMWESTERN STATES CONTRACTING ALLIANCE

Contract 01605: Fuel Cell Power Units, Components and Accessories

A. Scope(Replace these instructions with a brief description of the jurisdiction of the governmental entity signing this addendum. For example, the jurisdiction of a state may include all state agencies, universities, public schools and political subdivisions of the state. The jurisdiction of a political subdivision such as a county generally includes all governmental entities within the county.)

B. Changes(Replace this with specific changes or a statement that no changes are required.)

C. Primary ContactThe primary government contact individual for this participating addendum is as follows:

NameAddressTelehoneFaxE-mail

D. SubcontractorsThe following subcontractor(s) are authorized to perform services.

(Insert subcontractor name(s) or the word "NONE")

This Addendum and the Price Agreement together with its exhibits, set forth the entire agreement between the parties with respect to the subject matter of all previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. Terms and conditions inconsistent with, contrary or in addition to the terms and conditions of this Addendum and the Price Agreement, together with its exhibits, shall not be added to or incorporated into this Addendum or the Price Agreement and its exhibits, by any subsequent purchase order or otherwise, and any such attempts to add or incorporate such terms and conditions are hereby rejected. The terms and conditions of this Addendum and the Price Agreement and its exhibits shall prevail and govern in the case of any such inconsistent or additional terms.

IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by both parties below.

Government Entity: Contractor:By: By:

Name: Name:Title: Title:Date: Date:

Lead State: WashingtonBy:

Name: Kennith HardenTitle: Assistant DirectorDate:

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9. ATTACHMENT “C” CUSTOMER REFERENCE FORMTo be completed and returned by the Reference in support of Manufacturer’s proposal to RFP #01605 to supply and service Fuel Cell Power Units, Components and Accessories.

Dear Customer Reference:

(Manufacturer’s Name) _______________________________ is currently responding to the State of Washington, Office of State Procurement’s Request for Proposals (RFP) #01605 to provide Fuel Cell Power Units, Components and Accessories (and related services) to the State of Washington. The State is placing an increased emphasis on Vendor’s past performance as an evaluation factor in their solicitations. In furtherance of this RFP requirement, we are asking your firm/organization to complete the following form and to submit it directly to the RFP Coordinator so that it may be used in the evaluation process. Additionally, should you be contacted by the RFP Coordinator or anyone on the evaluation team, you may speak candidly to them about your response and our past performance.

Your cooperation is appreciated. Should you have any questions about this request, please contact me: ______________________________ at: (_____) _____________.

Your business/organization’s name:Name and title of individual completing form:Telephone: E-mail:Type of business/organization: Private business/corporation or Government

PLEASE RATE THE FOLLOWING ITEMS (Check One):

ExceptionalAbove

Average AverageBelow

AverageUn-

satisfactory

5 4 3 2 1

1. Overall equipment performance:

Comment:

2. Ability to meet deadlines:

Comment:

3. Ability to communicate effectively:

Comment:

4. Ability to resolve problems:

Comment:

5. Competency of staff:

Comment:

6. Ability to work with customers to resolve issues:

Comment:

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ExceptionalAbove

Average AverageBelow

AverageUn-

satisfactory

5 4 3 2 1

7. Invoicing competency:

Comment:

8. Responsiveness to resolving invoicing issues:

Comment:

9. Overall responsiveness:

Comment:

10. Overall customer service:

Comment:

Any other information you would like to share about this Vendor:

Signature of Reference ______________________________________ Date __________________________

Please return this form (via mail, fax or e-mail) by November 6, 2006, no later than 2:00 PM PST to:

Richard Carlson, RFP CoordinatorState of WashingtonOffice of State Procurement210 11th Ave SW, Rm 201, GA BldgPO Box 41017Olympia WA 98504-1017

Fax: (360) 586-2426E-mail: [email protected]

Thank you for your time and cooperation.

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mailto:[email protected]


10. ATTACHMENT “D” WSCA PARTICIPATING STATES

INTENT TO PARTICIPATE / UNIQUE TERMS AND CONDITIONS

Alaska No unique terms/conditions

California No unique terms/conditions

Colorado See attached document “CO Unique Terms and Conditions”

Hawaii No unique terms/conditions

Minnesota No unique terms/conditions

Oregon See attached document “OR Unique Terms and Conditions”

South Dakota No unique terms/conditions

Utah See attached document “UT Unique Terms and Conditions”

Washington (Lead State) Terms and conditions presented in Request for Proposal (RFP)

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