01924_Comp_Sol_Final.docx

STATE OF WASHINGTON & STATE OF OREGON

COMPETITIVE SOLICITATION – NO. 01924

Personnel Investigators and Digital Forensics

This Competitive Solicitation is divided into seven (7) sections:

· Introduction provides a summary of the solicitation purpose, the scope and contract award structure.

· Section 1 provides a summary table of relevant deadlines for responding to the Competitive Solicitation and identifies contact information for Enterprise Services’ Procurement Coordinator.

· Section 2 provides important information about the procurement that is designed to help interested bidders evaluate the potential opportunity, including the purpose of the procurement and Statewide Contracts, the form of the resulting Contract, and potential contract sales.

· Section 3 identifies how Enterprise Services will evaluate the bids.

· Section 4 identifies how to prepare and submit a bid for this Competitive Solicitation, including detailed instructions regarding what to submit and how to submit your bid.

· Section 5 details the applicable requirements to file a complaint, request a debrief conference, or file a protest regarding this Competitive Solicitation.

· Section 6 provides information pertaining to doing business with the State of Washington.

INTRODUCTION

The Washington State Department of Enterprise Services (“Enterprise Services”), in collaboration with the State of Oregon, is issuing this Competitive Solicitation pursuant to RCW 39.26. Pursuant to this Competitive Solicitation, Enterprise Services intends to conduct a competitive procurement to establish and award Cooperative Purchasing Agreements (“Cooperative Purchasing Agreements” or “Contract(s)”), by specified contract category, for Washington state agencies, Oregon Cooperative Purchasing Program (“ORCPP”) Members, and other eligible purchasers to purchase Goods and/or Services performed by qualified professionals.

Washington state agencies, ORCPP Members, and other eligible purchasers have operational needs to purchase various Goods and/or Services. Pursuant to applicable governing law, such entities typically are required to purchase goods/services through a competitive procurement process or, for example, utilize an authorized enterprise procurement solution such as a cooperative purchasing agreement established or approved by the state’s central procurement authority.

Pursuant to legislative authorization, Enterprise Services is authorized to develop and administer cooperative purchasing agreements with other states, through a competitive solicitation process, for specified goods/services. See RCW 39.26.060. The State of Washington and the State of Oregon have executed an agreement to enable each state, at its discretion, to utilize competitively solicited and awarded Contracts for goods/services. See WA/OR INTERSTATE COOPERATIVE AGREEMENT FOR JOINT PARTICIPATION IN EACH STATE'S PURCHASING PROGRAM. Accordingly, this Competitive Solicitation is structured as a cooperative purchasing agreement with the State of Oregon and is designed to result in Cooperative Purchasing Agreements, by contract category and specified region, that provide cost-effective and efficient procurement solutions for eligible purchasers.

Bidders may bid on any or all specified contract categories and specified regions. As set forth in the Contract Award Summary Table provided below, Enterprise Services intends to award Contracts for Personnel Investigators and Digital Forensics by specified Contract Category, Specified Region, and Contract Award Type.

Enterprise Services intends to award Contracts, by specified Contract Category, for each of the following five (5) Contract Categories, further defined in Exhibit B-1, Scope of Services:

· Category 1 – Discrimination Includes age, race, color, creed, gender, sexual orientation, gender identity or expression, religion, national origin, honorably discharged veteran or military status, marital status, disability, sex, or any other characteristic that is protected by law.

· Category 2 – General Includes employee misconduct, employee performance issues, workplace policy violations, HIPAA breaches, retaliation and intimidation and ethics.

· Category 3 – Digital Forensics – Phone/Cell Phone Review, capture, analyze and report on phone and cell phone records.

· Category 4 – Digital Forensics- Computer Review, capture, analyze and report on server, computer hard drives, email, tablets, and other USB devices as well as access to cloud instances.

· Category 5 – Digital Forensics- Audio/Visual Review, capture, analyze and report on video, video enhancement, recordings, audio enhancement and transcription.

As set forth in the Contract Award Summary Table provided below, Enterprise Services intends to make two types of Contract Award Types, main and reserved, as follows:

· Main Awards for Contracts. Main Awards are open to all bidders and made, by contract category and specified region, to the highest scored, responsive, responsible bidders.

· Reserved Awards for Contracts. Reserved Awards are best value procurement awards. Enterprise Services encourages the use of Washington Small Businesses and/or Certified Veteran-Owned Businesses for contract opportunities. Accordingly, to facilitate state agency purchases of Personnel Investigators and Digital Forensics from Washington Small Businesses and/or Certified Veteran-Owned Businesses, Enterprise Services intends to award Reserved Awards, for each specified contract category and specified region, to the otherwise not awarded (i.e., bidder did not receive a Main Award in such contract category), highest scored, responsive, responsible bidder who certifies pursuant to Exhibit A-1 – Bidder’s Certification and qualifies as either a Washington Small Business or Washington Certified Veteran-Owned Business for each specified contract category and specified region.

Enterprise Services intends to award Cooperative Purchasing Agreements, by contract category, for each of the following six (7) geographic regions which are depicted in the maps included below:

· Olympic is comprised of the following counties: Clallam, Jefferson, Kitsap, Mason, and Grays Harbor.

· Northwest is comprised of the following counties: Whatcom, San Juan, Island, Skagit, Snohomish, King, and Pierce.

· Southwest Washington is comprised of the following counties: Thurston, Pacific, Lewis, Wahkiakum, Cowlitz, Skamania, and Clark.

· South Central Washington is comprised of the following counties: Yakima, Franklin, Benton, Garfield, Columbia, Asotin, Walla Walla, and Klickitat.

· North Central is comprised of the following counties: Okanogan, Chelan, Douglas, Grant, and Kittitas.

· Eastern is comprised of the following counties: Ferry, Pend Oreille, Stevens, Lincoln, Spokane, Adams, and Whitman.

· Oregon is the entire state of Oregon.

CONTRACT AWARD SUMMARY TABLE

Olympic Region Northwest Region Southwest Region South Central Region North Central region Eastern Region Oregon Statewide

Note:

* If, in Enterprise Services’ judgment, there are insufficient qualified best value bids to make the maximum number of potential Reserved Awards in a Contract Category, then Enterprise Services, in its discretion, may increase the number of total potential Main Awards by the amount of unused potential Reserved Awards, regardless of whether the bidder certified and qualifies as a Washington Small Business and/or Certified Veteran-Owned status. Essentially, although Enterprise Services is structuring this Competitive Solicitation to reduce participation barriers for Washington Small Businesses and/or Certified Veteran-Owned Businesses, Enterprise Services also is seeking to award a sufficient number of Contracts, by specified Contract Category and specified Geographic Area, for Personnel Investigators and Digital Forensics to qualified bidders to meet the anticipated needs of eligible purchasers.

Section 1 – Deadlines, Questions, Procurement Coordinator, and Modification

This section identifies important deadlines for this Competitive Solicitation, where to direct questions regarding the Competitive Solicitation, and the process for potential amendments or modifications to the Competitive Solicitation.

1.1. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

COMPETITIVE SOLICITATION DEADLINES

Pre-Bid Conference:

December 10, 2024, at 2 PM (Pacific Time)

Virtual Pre-Bid Conference Attend via Microsoft Teams (link below) Join the meeting now Meeting ID: 296 827 330 222 Passcode: u9kbfW

Dial in by phone +1 564-999-2000,,621355441# United States, Olympia

(833) 322-1218,,621355441# United States (Toll-free) Find a local number Phone conference ID: 621 355 441#

1.2. PRE-BID CONFERENCE. Enterprise Services will host a virtual Competitive Solicitation Pre-Bid Conference at the date and time set forth in Section 1.1, above. Bidder attendance is not mandatory. Bidders, however, are encouraged to attend and participate. The purpose of the Pre-Bid Conference is to familiarize Bidders with Washington’s requirements for governmental procurements of goods/services through enterprise procurement solutions, clarify the Competitive Solicitation, and enable Bidders to raise issues or concerns, if any, pertaining to the Competitive Solicitation. As practicable, Enterprise Services will address Bidder questions or concerns that are raised during the Pre-Bid Conference at that time. Nonetheless, to ensure fairness to all potential Bidders, Enterprise Services will identify Bidder questions or concerns asked during the Pre-Bid Conference and the Procurement Coordinator will provide an official response in the question-and-answer period. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the Pre-Bid Conference is available with prior arrangement by contacting the Procurement Coordinator.

1.3. COMPETITIVE SOLICITATION QUESTIONS. Questions or concerns regarding this Competitive Solicitation must be directed to the following Procurement Coordinator:

Procurement Coordinator

The Procurement Coordinator will answer Bidder questions in writing posted to Washington’s Electronic Business Solution (WEBS). Bidders are encouraged to submit questions regarding the Competitive Solicitation as early in the process as possible to allow the Procurement Coordinator to consider and respond. Note: If Bidders have questions and/or concerns regarding the Contract terms and conditions (see Exhibit D – Contract), Bidders must raise such questions and/or concerns before the above-stated Deadline for Submitting Questions (see Section 1.1). Enterprise Services does not intend to negotiate substantive contract terms and conditions pertaining to the resulting Contracts at Contract award.

1.4. COMPLAINTS, DEBRIEFS, & PROTESTS. The Competitive Solicitation (and award of any Contract) is subject to complaints, debriefs, and protests as explained in Section 5, which may impact the dates set forth above.

1.5. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. Enterprise Services reserves the right to amend and modify this Competitive Solicitation. Only bidders who have properly registered and downloaded the original Competitive Solicitation directly via the Washington Electronic Business Solution (WEBS) will receive notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Bidders must be registered in WEBS to be awarded a Contract. Visit WEBS to register.

Section 2 – Information About the Procurement

This section describes the purpose of the Competitive Solicitation and provides information about this procurement, including the potential scope of the opportunity.

2.1 PURPOSE OF THE PROCUREMENT – AWARD COOPERATIVE PURCHASING CONTRACTS. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award Cooperative Purchasing Contracts, as set forth above, for Personnel Investigators and Digital Forensics.

a. COOPERATIVE PURCHASING CONTRACTS. Enterprise Services has statewide responsibility to develop specified enterprise procurement solutions including cooperative purchasing agreements for goods and services. A Cooperative Purchasing Agreement (“Cooperative Purchasing Agreement” or “Contract”) is a contract for specific goods and/or services that is competitively solicited and established by Enterprise Services, on behalf of the State of Washington and the State of Oregon, for use by statutorily specified eligible purchasers (see below). Typically, such purchasers use such Cooperative Purchasing Agreements through a purchase order, work order, or similar document. The Cooperative Purchasing Agreement is designed to function as a ‘procurement bridge’ between innovative vendors who have bid and won a competitive solicitation to supply goods/services and eligible purchasers who wish to purchase such goods/services pursuant to pre-determined, clear, consistent, easy to use, value-added Cooperative Purchasing Agreements. In short, the Cooperative Purchasing Agreement will establish precisely what goods/services may be purchased, the relevant performance requirements for such goods/services as well as the vendor’s contractual performance, and the applicable price for such goods/services. Purchaser-specific purchase orders will specify, for example, the particular volume of goods/services, the Purchaser’s delivery location, etc.

b. CONTRACT USERS – ELIGIBLE PURCHASERS. Any resulting Cooperative Purchasing Agreement from this Competitive Solicitation will be available for use by the following entities, each of whom is an eligible purchaser (“Purchasers”):

· WASHINGTON STATE AGENCIES. All Washington State agencies, departments, offices, divisions, boards, and commissions.

· WASHINGTON STATE INSTITUTIONS OF HIGHER EDUCATION (COLLEGES). Any of the following specific institutions of higher education in Washington:

· State universities – i.e., University of Washington & Washington State University;

· Regional universities – i.e., Central Washington University, Eastern Washington University, & Western Washington University

· Evergreen State College;

· Community colleges; and

· Technical colleges.

· ORCPP MEMBERS. Contract Awards also will be available for use by Oregon Cooperative Purchasing Program (ORCPP) Members, which include the following Oregon entities:

· Cities, counties, school districts, and special districts;

· Qualified rehabilitation facilities and residential programs in contract with the Oregon Department of Human Services;

· Quasi-state agencies and independent state agencies with their own procurement authority;

· Public bodies created as governmental entities but not considered a unit of local or municipal government;

· Oregon constitutional offices;

· Specified Public Benefit Nonprofit Corporations; and

· American Indian tribes or agencies.

ORCPP Members do not include Oregon state agencies subject to the Oregon Department of Administrative Services’ procurement authority.

Washington region main and reserved awards can be used by Washington eligible purchasers.

Oregon state main and reserved awards can be used by Oregon (ORCPP members).

· CONTRACT USAGE AGREEMENT PARTIES. Any resulting Cooperative Purchasing Agreement also may be utilized by any of the following types of entities that have executed a Contract Usage Agreement with Enterprise Services:

· Political subdivisions (e.g., counties, cities, school districts, public utility districts, ports) in the State of Washington;

· Federal governmental agencies or entities;

· Public-benefit nonprofit corporations (i.e., public benefit nonprofit corporations as defined in RCW 24.03A.245 who receive federal, state, or local funding); and

· Federally recognized Indian Tribes located in the State of Washington.

Enterprise Services maintains a list of eligible Contract Usage Agreement parties on the CUA Listing website.

While Contract usage is optional for Purchasers other than Washington State agencies, these entities can increase Contract use significantly. All Purchasers are subject to the same contract terms, conditions, and pricing as Washington State agencies.

2.2 CONTRACT. The form of the Contract that will be awarded as a result of this Competitive Solicitation is attached as Exhibit D – Cooperative Purchasing Agreement.

2.3 CONTRACT TERM. As set forth in the attached Cooperative Purchasing Agreement for this Competitive Solicitation, the contract term is up to sixty (60) months. Bidders are to specify prices for the first twelve (12) months of the contract term (such prices then will be adjusted as set forth in the Contract). The Cooperative Purchasing Agreement is subject to earlier termination.

2.4 ESTIMATED SALES. Historically, for the prior contract, total annual sales were $549,658.33 per year on average for the goods/services among all eligible Purchasers. Total potential or estimated contract sales for this Competitive Solicitation are not known. As stated in this Competitive Solicitation, however, the resulting Cooperative Purchasing Agreement will be available for use by all eligible Purchasers, including specified entities in both the State of Washington and the State of Oregon. Such Purchasers will decide whether the Cooperative Purchasing Agreement meets their needs and whether they use the Cooperative Purchasing Agreement. Although Enterprise Services and the State of Oregon do not represent or guarantee any minimum purchase from the Cooperative Purchasing Agreement, prior purchases for Washington state agencies and other eligible purchasers in Washington state are set forth in the following chart:

CONTRACT NO. 07821 – TOTAL GOODS/SERVICES SALES

FOR 2021 – 2024

Commissions

2.5 WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. Enterprise Services will apply the following Washington State procurement priorities and preferences to this Competitive Solicitation which, as set forth in Section 3.5, will impact the evaluation of bids for this Competitive Solicitation:

· Executive Order 18-03: 65 points

Section 3 – Bid Evaluation

This section identifies how Enterprise Service will evaluate bids for this Competitive Solicitation.

3.1. OVERVIEW. Enterprise Services will evaluate bids for this Competitive Solicitation as described below.

· Bidder responsiveness, performance requirements, price factors, and responsibility, will be evaluated based on the process described herein.

· Any bidder whose bid is determined to be non-responsive will be rejected and will be notified of the reason(s) for this rejection.

· Enterprise Services reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof; (4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or (6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

· Enterprise Services will use the following process and evaluation criteria to determine eligibility for an award of a Contract:

BY CATEGORY

Bid Responsiveness

Bid Evaluation

Exhibit B-2 – Performance Requirements

Exhibit C – Bid Price

State Procurement Priorities

Responsible Bidder

3.2. BID RESPONSIVENESS (STEP 1). Enterprise Services will review bids – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that Enterprise Services will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. Enterprise Services reserves the right – in its sole discretion – to determine whether a bid is responsive – i.e., to determine a bidder’s compliance with the requirements specified in this Competitive Solicitation and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the good and/or services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders. Responsive bids will be evaluated as set forth herein.

3.3. BID EVALUATION: NON-COST FACTORS (STEP 2A). Enterprise Services will evaluate each bid to ensure that each bidder’s Personnel Investigations and Digital Forensics meet the qualifications set forth in Exhibit B-2 – Performance Requirements. Enterprise Services will evaluate and award up to 400 points per Category for Bidder’s responses in Exhibit B-2 – Performance Requirements. Enterprise Services reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested information to Enterprise Services within five (5) business days may result in disqualification.

3.4. BID EVALUATION: COST FACTORS – BID PRICING (STEP 2B). Enterprise Services will evaluate bid pricing by reviewing and comparing the submitted bid prices as provided in Exhibit C – Bid Price.

· Bidders may bid on one or more specified contract categories and are not required to bid on every contract category.

· For all contract categories, Bidders may bid on one or more of the specified regions.

· Bidders will need to bid on all line items within a category in order to be responsive. Any $0 amounts listed in any of the categories will be considered non-responsive.

Cost Point Calculation: The rates per contract category will be totaled. The Bidder with the lowest total price in each contract category will receive 900 points. Those bids with higher totals will receive a proportionately lesser number of evaluation points based upon the lowest bid, using the following formula:

(Lowest Total Cost for each Category/Bidder’s Total Cost for each Category) * 900 (Points available for each Category Cost Evaluation) = Bidder’s Cost Evaluation Points for each Category.

Points will be rounded to two places to the right of the decimal point using standard rounding method.

Sample Calculation using Bidder A = $50.00 and Bidder B = $75.00 Bidder B calculation: $50.00(A) / $75.00(B) = 0.67 x 900 (max points available per category) = 600 cost points (rounded to two places to the right of the decimal point using standard rounding).

Bidder A is the lowest total bid evaluation cost, so it would be assigned the 900 points for that category. Bidder B would be assigned 600 points for that category based on the formula above.

3.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 3). Enterprise Services will apply the following Washington State procurement priorities and preferences, as set forth below, to this Competitive Solicitation:

· PROCUREMENT PREFERENCE FOR EXECUTIVE ORDER 18-03 (Firms without Mandatory Individual Arbitration for Employees). Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), Enterprise Services will evaluate bids for best value and will provide a bid preference in the amount of 65 points to any bidder who certifies, pursuant to Exhibit A-1 – Bidder’s Certification, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

3.6. BIDDER RESPONSIBILITY ANALYSIS (STEP 4). For responsive bids, Enterprise Services must determine whether the bidder is a ‘responsible bidder.’ Accordingly, Enterprise Services will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, Enterprise Services will consider the following statutory elements:

· Bidder’s ability, capacity, and skill to perform the contract or provide the service required;

· Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

· Bidder’s ability to perform the contract within the time specified;

· Bidder’s performance quality pertaining to previous contracts or services;

· Bidder’s compliance with laws relating to the contract or services;

· Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

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

See RCW 39.26.160(2)(a)-(g). In addition, Enterprise Services may consider the following:

· Financial Information: Enterprise Services may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s bid, on-site inspection of bidder's or subcontractor's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

References: Enterprise Services reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

3.7. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER. Enterprise Services will determine the Apparent Successful Bidders (“ASB”). The ASB will be the responsive and responsible bidders who best meet the Competitive Solicitation requirements and presents the best total value, including price, and other factors as set forth in this Competitive Solicitation including any applicable state procurement priority or preference.

· ASB designation does not imply that Enterprise Services will issue a Contract award. Rather, this designation allows Enterprise Services to perform further analysis and ask for additional documentation. Bidders must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

· Upon announcement of ASB(s), bidders may request a debrief conference as specified in Section 5.

3.8. COOPERATIVE PURCHASING AGREEMENT AWARDS. Subject to protests, if any, Enterprise Services and the ASB will enter into Cooperative Purchasing Agreements as set forth in Exhibit D – Cooperative Purchasing Agreement. An award is made, and a contract formed by signature of Enterprise Services and awarded bidder on the Cooperative Purchasing Agreement. Following the Cooperative Purchasing Agreement award, all bidders registered in WEBS will receive a Notice of Award delivered to the bidder’s email address provided in the bidder’s profile in WEBS.

3.9. BID INFORMATION AVAILABILITY. Upon Enterprise Services’ announcement of ASB, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2). Upon Enterprise Services’ announcement of ASB, Enterprise Services will post all bid evaluations to Enterprise Services’ website. In addition, Enterprise Services intends to post all winning bid submissions to its contract portal webpage after Cooperative Purchasing Agreement awards.

3.10. ADDITIONAL AWARDS. Enterprise Services reserves the right, during the resulting Contract term, to make additional Cooperative Purchasing Agreement awards to responsive, responsible bidders who provided a bid but who were not awarded a Cooperative Purchasing Agreement. Such awards would be on the same or substantially similar terms and conditions and would be designed to address an awarded Contractor vacancy (e.g., an awarded contractor is terminated or goes out of business), respond to Purchaser needs, or be in the best interest of the State of Washington and the State of Oregon.

Section 4 – How to Prepare and Submit a Bid for this Competitive Solicitation

This section identifies how to prepare and submit your bid to Enterprise Services for this Competitive Solicitation. In addition, bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that bidders must provide to Enterprise Services to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, bidders acknowledge having read and understood the entire Competitive Solicitation and accept all information contained within this Competitive Solicitation.

4.1. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator specified in Section 1.2 of this Competitive Solicitation. Bidders should rely only on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding.

· Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow Enterprise Services to consider and, if warranted, respond to the inquiry. If a bidder does not notify Enterprise Services of an issue, exception, addition, or omission, Enterprise Services may consider the matter waived by the bidder for protest purposes.

· If bidder inquiries result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

· Unauthorized contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in bidder disqualification.

4.2. PRICING. Bid prices must include all cost components needed for the delivery of the goods and/or services as described in this Competitive Solicitation. See Exhibit C – Bid Price. A bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

· Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. In the event that bidder is awarded a Cooperative Purchasing Agreement, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Cooperative Purchasing Agreement, there shall be no additional costs of any kind.

· Credit Cards (P-Cards): In the event that bidder is awarded a Cooperative Purchasing Agreement, the total price for the goods and/or services shall be the same regardless of whether Purchasers make payment by cash, credit card, or electronic payment. Bidder shall bear, in full, any processing or surcharge fees associated with the use of credit cards or electronic payment.

· Vendor Management Fee: The resulting Cooperative Purchasing Agreement from this Competitive Solicitation will include a Vendor Management Fee as specified in the Contract attached as Exhibit D – Cooperative Purchasing Agreement.

4.3. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to Enterprise Services to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders may not provide unsolicited materials. For any supplemental materials expressly required by Enterprise Services in writing, bidders must identify such supplemental materials with the bidder’s name.

· EXHIBIT A-1 – BIDDER’S CERTIFICATION

This document is the Bidder’s Certification.

Complete the certification, along with any exceptions or required explanations, and submit it with the bid to Enterprise Services.

Note: The Certification must be complete. Where there are choices, bidder must check a box. The certification must be signed and submitted by a duly authorized representative for the bidder.

· EXHIBIT A-2 – BIDDER’S PROFILE

This document is required bidder information for Enterprise Services’ contract administration purposes.

Complete as instructed and submit it with the bid to Enterprise Services.

· EXHIBIT B-2 – PERFORMANCE REQUIREMENTS

Bidder will need to confirm that bidder’s goods and/or services and/or bidder’s performance meets or exceeds the detailed specifications/qualifications set forth in Exhibit B-2 – Performance Requirements and submit it with the bid to Enterprise Services.

· EXHIBIT C – BID PRICE

Bidder will need to complete the price worksheet tool as instructed in Exhibit C – Bid Price and submit it with the bid to Enterprise Services.

4.4. BID FORMAT. Bids must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by Enterprise Services, documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or electronic signature.

4.5. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to DESContractsTeamApple@des.wa.gov. Enterprise Services’ email only can accept emails (including attachments) that total less than 30MB in size. Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted. Enterprise Service will send an acknowledgement of bid receipt. Acknowledgement of bid receipt is not a determination on the bid’s responsiveness. If Bidder does not receive an acknowledgement within a reasonable time, it is the responsibility of the Bidder to contact Enterprise Services for acknowledgement of bid receipt.

Section 5 – Complaint, Debrief, & Protest Requirements

This section details the applicable requirements for complaints, debriefs, and protests.

5.1. COMPLAINTS. This Competitive Solicitation offers a complaint period for bidders wishing to voice objections to this Competitive Solicitation. The complaint period ends five (5) business days before the bid due date. The complaint period is an opportunity to voice objections, raise concerns, or suggest changes that were not addressed during the Question & Answer Period or, if applicable, at the Pre-Bid Conference. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. Enterprise Services will consider all complaints, but is not required to adopt a complaint, in part or in full. If bidder complaints result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

a. CRITERIA FOR COMPLAINT. A complaint may be based only on one or more of the following grounds: (a) The Competitive Solicitation unnecessarily restricts competition; (b) The Competitive Solicitation evaluation or scoring process is unfair or flawed; or (c) The Competitive Solicitation requirements are inadequate or insufficient to prepare a response.

b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than five (5) business days prior to the deadline for bid submittal; and (b) Be in writing (see Form and Substance, and Other below). A complaint should clearly articulate the basis of the complaint and include a proposed remedy.

c. RESPONSE. When a complaint is received, the Procurement Coordinator (or designee) will consider all the facts available and respond in writing prior to the deadline for bid submittals, unless more time is needed. Enterprise Services is required to promptly post the response to a complaint on WEBS.

d. RESPONSE IS FINAL. The Procurement Coordinator’s response to the complaint is final and not subject to administrative appeal. Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator prior to bid submittal may be deemed to be waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a bidder and Enterprise Services, through its Procurement Coordinator, to meet and discuss the bidder’s bid (and, as further explained below, is a necessary prerequisite to filing a protest). Following bid evaluation, Enterprise Services will issue an ASB announcement. The ASB announcement may be made by any means, but Enterprise Services likely will use email to the bidder’s email address provided in the Bidder’s Profile. Bidders will have three (3) business days to request a Debrief Conference, if desired. If a Debrief Conference is timely requested, Enterprise Services will offer the requesting bidder one meeting opportunity and notify the bidder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, Enterprise Services likely will schedule the Debrief Conference shortly after the ASB announcement and the bidder’s request for a Debrief Conference. Enterprise Services will not allow the debrief process to delay the Contract award. Accordingly, bidders should plan for contingencies and alternate representatives. Bidders who wish to protest must first participate in a Debrief Conference. Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. A Debrief Conference is a required prerequisite for a bidder to file a protest.

a. TIMING. A Debrief Conference may be requested by a bidder following the Apparent Successful Bidder (ASB) announcement.

b. PURPOSE OF DEBRIEF CONFERENCE. Any bidder who has submitted a timely bid may request a Debrief Conference (see also Section 5.4, below). A Debrief Conference provides an opportunity for the bidder to meet with Enterprise Services to discuss bidder’s bid and evaluation. It does not provide an opportunity to discuss other bids and evaluations.

c. REQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after ASB announcement. Debrief conferences may be conducted virtually (e.g., by telephone or web-based virtual meeting such as MS Teams), as determined by Enterprise Services, and may be limited by Enterprise Services to a specified period of time. A bidder’s failure to request a Debrief Conference within the specified time and attend the Debrief Conference constitutes a waiver of the right to submit a protest. Any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator before or during the Debrief Conference may be deemed waived for protest purposes.

5.3. PROTESTS. Following a Debrief Conference, a bidder may protest the award of a Contract.

a. CRITERIA FOR A PROTEST. A protest may be based only on one or more of the following: (a) Bias, discrimination, or conflict of interest on the part of an evaluator; (b) Error in computing evaluation scores; or (c) Non-compliance with any procedures described in the Competitive Solicitation.

b. INITIATING A PROTEST. Any bidder may protest an award to an ASB. A protest must: (a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting bidder’s Debrief Conference (see also Section 5.4, below); (b) Be in writing; (c) Include a specific and complete statement of facts forming the basis of the protest; and (d) Include a description of the relief or corrective action requested.

c. PROTEST RESPONSE. After reviewing the protest and available facts, Enterprise Services’ Protest Officer will issue a written response within ten (10) business days from receipt of the protest, unless additional time is needed.

d. DECISION IS FINAL. The protest decision is final and not subject to administrative appeal. If the protesting bidder does not accept Enterprise Services’ protest response, the bidder may seek relief in Thurston County Superior Court.

5.4. COMMUNICATION DURING COMPLAINTS, DEBRIEFS, AND PROTESTS. With the exception of protests, all communications about this Competitive Solicitation, including complaints and debriefs, must be addressed to the Procurement Coordinator unless otherwise directed. Protests must be addressed to the Protest Officer.

a. FORM, SUBSTANCE, & OTHER. All complaints, debrief conference requests, and protests must:

i. Be in writing;

ii. Be signed by the complaining, requesting, or protesting bidder or an authorized agent;

iii. Be delivered within the time frame(s) outlined herein;

iv. Identify the Competitive Solicitation number;

v. Conspicuously state “Complaint,” “Debrief,” or “Protest” in any subject line of any correspondence or email; and

vi. Be sent to the address identified below.

b. COMPLAINTS & PROTESTS. All complaints and protests must (a) State all facts and arguments on which the complaining or protesting bidder is relying as the basis for its action; and (b) Include any relevant documentation or other supporting evidence.

5.5. HOW TO CONTACT ENTERPRISE SERVICES.

a. TO SUBMIT A COMPLAINT. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Complaint” in the subject line of the email message. Alternatively, mail the complaint to the Procurement Coordinator listed in this Competitive Solicitation at the following address:

Attn: Maree George, Procurement Coordinator – Complaint Solicitation 01924, Personnel Investigators and Digital Forensics Contracts & Procurement Division Washington State Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411

b. TO REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation (see Section 1.2, above). The email message must include “Debrief” in the subject line of the email message.

c. TO SUBMIT A PROTEST. Send an email message to the Protest Officer at the following email address: DESDLProcurementProtest@des.wa.gov. The email message must include “Protest” in the subject line of the email message. Alternatively, mail the protest to the Protest Officer at the following address:

Attn: Protest Officer Solicitation 01924, Personnel Investigators and Digital Forensics Contracts & Procurement Division Washington State Department of Enterprise Services P.O. Box 41411 Olympia, WA 98504-1411

Section 6 – Doing Business with the State of Washington

This section provides additional information regarding Washington’s Public Records Act and doing business with the State of Washington, including Enterprise Services’ efforts to enable Washington’s small, diverse, and veteran-owned businesses to compete for and participate in state procurements for goods/services.

6.1. WASHINGTON’S PUBLIC RECORDS ACT – PUBLIC RECORDS DISCLOSURE REQUESTS.

· All documents (written and electronic) submitted to Enterprise Services as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See RCW 42.56, Public Records Act. Enterprise Services strongly discourages bidders from unnecessarily submitting sensitive information (e.g., information that you might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

· If, in bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

· In addition, if, in bidder’s judgment, certain portions of bidder’s bid are not statutorily exempt from disclosure but are sensitive because these particular portions of bidder’s bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that bidder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of bidder’s bid that include such sensitive information.

· In the event that Enterprise Services receives a public records disclosure request pertaining to information that bidder has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, Enterprise Services, prior to disclosure, will do the following:

· Enterprise Services’ Public Records Officer will review any records marked by bidder as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, Enterprise Services will redact or withhold the document(s) as appropriate.

· For documents marked ‘sensitive’ or for documents where Enterprise Services either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, Enterprise Services will notify the bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that Enterprise Services intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining Enterprise Services from such disclosure. In the event bidder fails to timely file a motion for a court order enjoining such disclosure, Enterprise Services will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by bidder of any claim that such materials are exempt or protected from disclosure.

6.2. SMALL & DIVERSE BUSINESSES. Enterprise Services, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See, e.g., RCW 39.19 (OMWBE certified businesses); RCW 43.60A.200 (WDVA Certified Veteran-Owned Businesses); and RCW 39.26.005 (Washington Small Businesses). In support of the state’s economic goals and to support a diverse supplier pool, Enterprise Services has established the following voluntary numerical goals for Enterprise Services’ Competitive Solicitations:

· Ten percent (10%) Minority-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Six percent (6%) Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Five percent (5%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA); and

· Twenty-five percent (25%) Washington Small Businesses, five percent (5%) of which are microbusinesses or minibusinesses as defined in RCW 39.26.010(16) and (17).

Achievement of these goals is encouraged whether directly or through subcontractors.

· OMWBE CERTIFICATION. Bidders may contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and Women-Owned certified firms, state and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at OMWBE. OMWBE-Certified firms may provide their certification information to Enterprise Serviced through Exhibit A-2 – Bidder’s Profile.

· WDVA CERTIFICATION. Bidders may contact the Washington State Department of Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned Businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. The qualification requirements to be a Certified Veteran-Owned Business are set forth in Exhibit A-1 – Bidder’s Certification.

· WASHINGTON SMALL BUSINESSES. Bidders may contact Enterprise Services about small and diverse business inclusion and qualification as a Washington Small Business. If bidder qualifies as a Washington Small Business, identify bidder as such in WEBS. Call WEBS Customer Service at 360-902-7400.