1-RFP 550-0825-1.pdf

RFP 550-0825-1 Exclusive Contractor for Temporary Event Utilities & Exhibitor Ordering Services

Seattle Convention Center

Seattle, Washington

PRE-PROPOSAL CONFERENCE:

10:00 AM, September 10, 2025, in room 210 at the SCC

PROPOSAL DEADLINE:

September 24, 2025, 3:00 PM local time in Seattle, Washington

PROPOSAL DELIVERY:

seattleconventioncenter.bonfirehub.com

EXPECTED PERFORMANCE PERIOD:

The period of performance for any contract(s) resulting from this solicitation is expected to begin on or about January 1, 2026, and end on December 31, 2030. The SCC reserves the right at its discretion to extend the contract for a period of time to be specified.

CONTRACTOR ELIGIBILITY:

This procurement is open to all service providers who satisfy the minimum qualifications stated herein and that are available for work in Washington State.

REQUEST for PROPOSALS (RFP):

Exclusive Contractor for Temporary Event Utilities & Exhibitor Ordering Services

RFP No. 550-0825-1

August 12, 2025

1. INTRODUCTION

1.1 PURPOSE & BACKGROUND

1.2 OBJECTIVE, SCOPE & COMPENSATION

1.3 MINIMUM QUALIFICATIONS

1.4 PERIOD OF PERFORMANCE

1.5 DEFINITIONS

1.6 ADA

2. GENERAL INFORMATION

2.1 RFP COORDINATOR

2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

2.3 PRE-PROPOSAL CONFERENCE & QUESTIONS REGARDING THE SOLICITATION

2.4 REVISIONS TO THE RFP

2.5 PROPRIETARY INFORMATION & PUBLIC DISCLOSURE

2.6 MINORITY- & WOMEN-OWNED BUSINESS PARTICIPATION

2.7 SUBMISSION OF PROPOSALS

2.8 ACCEPTANCE PERIOD

2.9 RESPONSIVENESS

2.10 REJECTION OF PROPOSALS

2.11 MOST FAVORABLE TERMS

2.12 CONTRACT INSTRUMENT & GENERAL TERMS AND CONDITIONS

2.13 COSTS TO PROPOSE

2.14 NO OBLIGATION TO CONTRACT

2.15 INSURANCE COVERAGE

3. PROPOSAL FORM & CONTENTS

3.1 LETTER OF SUBMITTAL & CERTIFICATIONS AND ASSURANCES

3.2 TECHNICAL PROPOSAL

3.3 MANAGEMENT PROPOSAL

3.4 FINANCIAL CAPACITY

4. EVALUATION & CONTRACT AWARD

4.1 PROPOSAL SCREENING

4.2 CLARIFICATION OF PROPOSAL

4.3 EVALUATION WEIGHTING & SCORING

4.4 INTERVIEWS

4.5 NOTIFICATION TO PROPOSERS

4.6 DEBRIEFING OF UNSUCCESSFUL PROPOSERS

4.7 PROTEST PROCEDURE

5. RFP ATTACHMENTS

6. RFP EXHIBITS

1. INTRODUCTION

1.1 PURPOSE & BACKGROUND

The Washington State Convention Center, a King County public facilities district DBA Seattle Conven-tion Center (SCC), in accordance with its authority under Chapter 36.100 RCW and its procurement policy and procedures, has issued this Request for Proposals (RFP) to solicit responses from service providers interested in and qualified to provide, on an exclusive basis, temporary utility services (elec-trical, air, water, drain and natural gas) to exhibitors, show managers, and other clients of the SCC.

The contract also includes the management and staffing of the SCC’s exhibitor services ordering op-eration. The successful Proposer under this solicitation must be capable of providing event electrical and associated services to satisfy the most demanding needs of SCC and its clients.

1.2 OBJECTIVE, SCOPE & COMPENSATION

It is the SCC’s objective that its exclusive electrical Contractor shall provide all SCC clients with profes-sional installation, operation and removal of electrical, air, water, drain, and natural gas services for exhibits, displays, meeting rooms, and registration as may be required. Such service delivery shall at all times reflect the customer service standards of the SCC. Permanently installed utilities such as electrical wall outlets, lighting fixtures, water fountains, kitchen utilities, restroom facilities, heating, ventilation and air conditioning, and sinks are not included, but in an emergency, the Contractor may be called on to aid in-house staff in providing for those capabilities.

As an adjunct to these temporary utility services, the Contractor shall operate the SCC’s exhibitor services order desk, which provides event exhibitors with consolidated ordering for catering, utilities, telecommunications and A/V from the designated service providers.

The specific and detailed Scope of Work under this solicitation is contained in Exhibit B to the RFP.

Contractor's compensation for services rendered shall be based on the following terms and rates:

1. During the initial four-year term of the Contract, the Contractor will pay to the SCC a thirty-five percent (35%) commission on all electrical services, calculated on gross electrical billings, and to include lighting, materials and all billed labor.

2. For any extension term of the Contract, the Contractor will pay to the SCC a thirty-six percent (36%) commission on all electrical services, calculated on gross electrical billings, and to in-clude lighting, materials, and all billed labor.

3. The Contractor will pay the SCC a thirty percent (30%) commission on all air/water/drain/nat-ural gas services, as calculated on gross billings for those services, over the entire perfor-mance period of the Contract including the extension term.

4. Service discounts made by Contractor which would impact Contractor's ability to pay the full commission amount to SCC will require advance approval from SCC.

5. Contractor shall pay a percentage share of the total monthly staffing cost to support the Pro-gram. The percentage share shall be calculated by the ratio of Contractor’s services gross rev-enue received through Program orders and the total gross revenues of all services provided through the Program for a defined period. The periods of calculation of the percentage share are defined as October 1 through September 30, and as detailed in the following examples:

a. For the calendar year 2024, the period of calculation is October 1, 2022, through Sep-tember 30, 2023

b. For the calendar year 2025, the period of calculation is October 1, 2023, through Sep-tember 30, 2024

6. Service Charge Fees may be assessed by the Contractor to exhibitors for the manual pro-cessing of orders not placed through the Exhibitor Services online portal. This manual pro-cessing fee is set at $25.00 per exhibition order. Said processing fees will be evaluated annu-ally by the SCC Contract Manager to consider any proposes changes to the fee amount. Any such fees received will be split equally between the Contractor (50%) and the SCC (50%), and reconciled as part of the monthly payment process as described herein.

1.3 MINIMUM QUALIFICATIONS

The successful Proposer must have no less than five (5) years of experience in providing electrical distribution and associated services in an exhibition/tradeshow environment. The Contractor will em-ploy an Electrical Administrator, duly licensed by the State of Washington, who will have the ultimate responsibility to determine that all equipment and services provided under the Contract comply with applicable state law and administrative and local codes. In addition, Contractor must maintain a cur-rent Washington State General Contractor license.

1.4 PERIOD OF PERFORMANCE

The period of performance of any contract(s) resulting from this RFP is anticipated to begin on or about January 1, 2026, and to end no later than December 31, 2030. The SCC reserves the right in its sole discretion to extend the performance period for one (1) two-year term upon not less than thirty

(30) days written notice to the Contactor. The total term of the Contract shall not exceed six (6) years.

1.5 DEFINITIONS

Definitions for the purposes of this RFP include:

Contractor – Individual or company whose Proposal has been accepted by the SCC and is awarded a written and fully executed contract.

Proposal – A formal offer submitted in response to this solicitation.

Proposer – Individual or company submitting a Proposal in order to attain a contract with the SCC.

RCW and WAC – The “Revised Code of Washington” and the “Washington Administrative Code”, respectively, which together provide the statutory and regulatory framework for SCC procure-ments.

SCC – The Washington State Convention Center Public Facilities District, DBA Seattle Convention Center is the governmental entity issuing this RFP.

1.6 ADA

The SCC complies with the Americans with Disabilities Act (ADA). Potential proposers may contact the RFP Coordinator to receive this RFP in Braille or on tape. The SCC is a fully accessible facility.

2. GENERAL INFORMATION

2.1 RFP COORDINATOR

All communication between potential Proposers and the SCC shall be conducted through SCC’s the RFP’s Bonfire posting at seattleconventioncenter.bonfirehub.com. The SCC’s RFP Coordinator for this solicitation is:

Name John McCarthy, Buyer Address 705 Pike Street

Seattle, WA 98101-2310 Phone Number (206) 694-5029 E-mail Address procurement@seattleconventioncenter.com

Proposers are cautioned that any contacts they may initiate with any member of the SCC Board of Directors or SCC staff other than the RFP Coordinator may be cause for disqualification from this RFP process. Proposers are to rely on written statements issued by the RFP Coordinator; any other infor-mation will be considered unofficial and non-binding on the SCC. The SCC reserves the right to appoint an alternate RFP Coordinator during the solicitation process, as may be necessary and convenient.

2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Proposals August 12, 2025

Pre-Proposal Conference 10:00 AM, September 10, 2025

Last date for questions regarding RFP September 12, 2025

Issue addendum to RFP (if applicable) September 16, 2025

Proposals due 3:00 PM, September 24, 2025

Evaluate Proposals September 25 – October 16, 2025

Conduct interviews with finalists, if required October 28-29

Announce apparent successful Proposer and send notification via e-mail to unsuccessful Proposers

November 5, 2025

Negotiate contract November 5 – Novem-ber 19, 2025

Present contract to SCC Board of Directors for approval December 9, 2025

Begin contract work January 1, 2026

The SCC reserves the right to revise the above schedule.

2.3 PRE-PROPOSAL CONFERENCE & QUESTIONS REGARDING THE SOLICITATION

A Pre-proposal Conference will be held at 10:00 AM, September 10, 2025, in room 210 at the SCC, accessed via the SCC Level 2 Administrative Offices, 705 Pike Street, Seattle. For directions to the SCC, please refer to www.seattleconventioncenter.com or contact the SCC reception desk at (206) 694- 5000 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

Substantive questions arising at the Conference will be documented and answered in an RFP adden-dum, as specified below. The SCC will be bound only by written answers; oral responses given at the Conference are considered unofficial until confirmed by written response. Written questions may be submitted via the SCC's electronic procurement platform Bonfire at seattleconventioncenter.bonfire-hub.com no later than the close of business on Tuesday, September 12, 2025. Written questions should be submitted individually to ensure a timely and efficient Q&A process. A statement of any questions received and the SCC response(s) in the form of an addendum to the RFP will be issued no later than the close of business on Thursday, September 16, 2025.

2.4 REVISIONS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, one or more addenda to the solicita-tion will be issued. The SCC also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract.

2.5 PROPRIETARY INFORMATION & PUBLIC DISCLOSURE

All proposals received under this RFP shall remain confidential until a contract, if any, resulting from this solicitation is executed by the SCC and by the apparent successful Proposer; thereafter, the Pro-posals shall be deemed releasable public records as defined in Chapter 42.56 RCW.

Any information in the Proposal that the Proposer desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56 must be clearly designated. The page on which such proprietary information appears must be identified by the word “Confidential” printed on the lower right-hand corner.

The SCC bases all disclosure of its records on State statute, relying on advice of legal counsel. If any information is marked as confidential in the Proposal, such information will not be made available to the public until the affected Proposer has been given a reasonable opportunity to seek a court order barring the disclosure.

All requests for public records should be directed to the SCC Administrative Records Manager at pub-licrecords@seattleconventioncenter.com. A charge is made to the requestor for electronic media, hard copies and/or shipping of disclosed public documents, as outlined in RCW 42.56.120. No fee is charged for inspection of contract files, but reasonable notice may be required.

2.6 MINORITY- & WOMEN-OWNED BUSINESS PARTICIPATION

In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the SCC strongly encourages participation in all of its contracts by minority- and women-owned, small and otherwise disadvantaged businesses. MWBE firms may be certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE), or may be self-identified. Participation may be either on a direct basis in response to this solicitation or on a subcontractor basis. However, no preference will be included in the evaluation of Proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award, and Proposals will not be rejected or consid-ered non-responsive on that basis.

The established participation goals under this solicitation are ten (10) percent and six (6) percent for MBE’s and WBE’s, respectively. These goals are voluntary, but Proposers are encouraged to meet or exceed them. Proposers may contact OMWBE at www.omwbe.wa.gov to obtain information on cer-tified firms for potential teaming opportunities.

2.7 SUBMISSION OF PROPOSALS

Proposals may be submitted electronically, or in hardcopy, but may not be transmitted via facsimile.

If submitting electronically, the following information is applicable. Proposers submitting electroni-cally may do so by uploading required documents through the SCC's electronic procurement platform Bonfire at seattleconventioncenter.bonfirehub.com. Proposals must be submitted no later than 3:00 PM local time in Seattle on September 24, 2025. The SCC will accept no responsibility for problems encountered in the submittal process.

If submitting in hard copy, the following information is applicable. Proposers are required to submit one (1) copy of their Proposal. The Proposal, whether mailed or hand-delivered, must be received by the SCC no later than 3:00 PM local time in Seattle on September 24, 2025. The Proposal is to be sent to the RFP Coordinator at the address noted in Section 2.1, above. The submittal package should be clearly marked to the attention of the RFP Coordinator and should include the notation “RFP Submittal for Exclusive Contractor for Temporary Event Utilities & Exhibitor Ordering Services.”

Proposers mailing submittals should allow for normal mail delivery schedules to ensure timely receipt of their Proposals by the RFP Coordinator. Hand-delivered Proposals will only be accepted at the re-ception desk, SCC Level 2 Administrative Offices, 705 Pike Street, Seattle. Proposers assume all risk for the method of delivery chosen; the SCC will accept no responsibility for delays caused by any de-livery service or external circumstance, e.g., traffic congestion.

Proposers are specifically advised that as to Proposal submittal:

1. Late Proposals will not be accepted and will be automatically disqualified from further con-sideration.

2. The Proposal must respond to the procurement requirements set forth herein. Failure to re-spond to any portion of this solicitation or failure to submit any documentation or certification required by this RFP may result in rejection of the entire Proposal as being non-responsive.

3. The Proposal must be complete, must stand on its own merits, and should not respond by referring to material presented elsewhere.

4. A concise and well-thought-out Proposal is more advantageous to the Proposer than a volu-minous one.

5. All Proposals and any accompanying documentation submitted in response to this procure-ment shall become the property of the SCC and will not be returned.

2.8 ACCEPTANCE PERIOD

Proposals must provide sixty (60) days for acceptance by SCC from the due date for receipt.

2.9 RESPONSIVENESS

All Proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in the RFP. The SCC reserves the right, however, at its sole discretion to waive minor irregularities in the Proposals received.

2.10 REJECTION OF PROPOSALS

The SCC reserves the right at its sole discretion to reject any and all Proposals received without pen-alty.

2.11 MOST FAVORABLE TERMS

The SCC reserves the right to make one or more awards as may be in its best interests, without further discussion of any Proposal submitted. Therefore, the Proposal should be submitted on the most fa-vorable terms that can be offered. The SCC does reserve the right to contact a Proposer for clarifica-tion of its Proposal during the evaluation process. In addition, the SCC reserves the right to enter into contract negotiations with the apparent successful Proposer, which may include discussions regarding the terms of the Proposal.

2.12 CONTRACT INSTRUMENT & GENERAL TERMS AND CONDITIONS

The apparent successful Proposer will be expected to enter into a contract that is substantially the same as the contract instrument and general terms and conditions included as exhibits to this RFP. In no event is a Proposer to submit its own standard contract terms and conditions in response to this solicitation. The Proposer may submit contract exceptions as allowed in the Certifications and Assur-ances form, Attachment A to this solicitation. The SCC will review requested exceptions and accept or reject them at its sole discretion.

The Proposer should be prepared to accept this RFP and its Proposal for incorporation into a contract resulting from this solicitation. It is also understood that the Proposal will become part of the SCC’s official procurement file.

If the apparent successful Proposer fails to execute an agreement for the services solicited herein within fifteen (15) days of notice of award, the SCC reserves the right to enter into contract negotia-tions with the next highest scoring Proposer, or to cancel the solicitation or to call for new Proposals, in its sole discretion.

2.13 COSTS TO PROPOSE

The SCC will not be liable for any costs incurred by the Proposer in preparation of a submittal in re-sponse to this RFP, in conduct of an interview or presentation, or any other activities related to re-sponding to the RFP.

2.14 NO OBLIGATION TO CONTRACT

Issuance of this RFP does not obligate the SCC to contract in whole or in part for the services specified herein.

2.15 INSURANCE COVERAGE

The successful Proposer shall be required, at its own expense, to obtain insurance coverage, which coverage shall be maintained in full force and effect during the term of any contract resulting from this solicitation. Specific insurance requirements are contained in the contract form included as an exhibit to the RFP.

3. PROPOSAL FORM & CONTENTS

Written Proposals must be prepared on letter-size (8-1/2 x 11 inch) paper with tabs separating the major sections of the Proposal; electronically-submitted Proposals are to be formatted analogously.

The major sections of the Proposal are to be in the order noted below:

1. Letter of Submittal and Certifications and Assurances form

2. Technical Proposal

3. Management Proposal

4. Financial Capacity

Proposers are encouraged to use double-sided printing and recyclable materials, and are asked to refrain from submitting RFP responses in binders or using other non-recyclable presentation materi-als.

3.1 LETTER OF SUBMITTAL & CERTIFICATIONS AND ASSURANCES

The Letter of Submittal must be signed and dated by a person authorized to legally bind the Proposer to a contractual relationship, e.g., the President or Executive Director if a corporation. This introduc-tory letter should convey the Proposer’s interest in the engagement and highlight particular strengths of the proposed service and/or materials provider. In addition, it is to include by attachment the fol-lowing information about the Proposer and any proposed subcontractors:

1. Name, address, principal place of business, telephone/fax number, and e-mail address of the legal entity or individual with whom the contract would be written.

2. Name, address, and telephone number of the principal officer(s) (President, Vice President, Treasurer, Chair of the Board of Directors, etc.).

3. Legal status of the Proposer (sole proprietorship, partnership, corporation, etc.) and the year the entity was organized to do business as it now substantially exists.

4. Federal Employer Tax Identification number or Social Security number and the Washington Uniform Business Identification (UBI) number as issued by the Washington State Department of Revenue.

5. Location of the facility from which the Contractor would operate.

6. Identification of any current or former SCC employees on the firm’s governing board or in a senior executive or management position as of the date of the Proposal. Include their position and responsibilities within the Proposer’s organization. If following a review of this infor-mation, it is determined by the SCC that a conflict of interest exists, the Proposer may be disqualified from further consideration for the award of a contract.

The Certification and Assurances form (Attachment A) must be signed and dated by an authorized person, and is to be included with the Letter of Submittal.

3.2 TECHNICAL PROPOSAL

The Technical Proposal must contain a comprehensive description of services including the following elements:

A. Project Approach/Methodology – Include a complete description of the proposed approach and methodology for the project. This section should convey Proposer’s understanding of the project.

B. Proposed Work Plan – Include all project requirements and the proposed tasks, services, ac-tivities, etc. necessary to accomplish the scope of the project as defined in the RFP. This section of the technical proposal must contain sufficient detail to convey to members of the evaluation team the Proposer’s knowledge of the tasks, subjects and skills necessary to successfully complete the Contract. Include any required involvement of SCC staff. The Proposer may also present any creative approaches that might be appropriate and may provide any pertinent supporting docu-mentation.

If other than the current service provider, provide a transition plan specifying the steps to be taken, and indicating the responsible party (current service provider, new service provider, SCC).

C. Risks – Provide a business continuation plan that illustrates how Contractor would monitor and manage through times of loss of key staff, e.g., trained and certified staff to operate special-ized equipment.

3.3 MANAGEMENT PROPOSAL

A. Project Management

1. Project Team Structure/Internal Controls – Provide a brief description of the proposed project team structure and internal controls to be used during the course of the project, in-cluding any subcontractors. Provide an organizational chart of the company/firm indicating lines of authority for personnel involved in performance of this potential contract and rela-tionships of this staff to other programs or functions of the company/firm. This chart must also show lines of authority to the next senior level of management. Include who within the company/firm will have prime responsibility and final authority for the work.

2. Staff Qualifications/Experience – Identify staff, including subcontractors, who will be as-signed to the potential contract, indicating the responsibilities and qualifications of such per-sonnel, and include the amount of time each will be assigned to the project. Provide résumés for the named staff, which include information on the individual’s particular skills related to this project, education, experience, significant accomplishments and any other pertinent in-formation. The Proposer must commit that staff identified in its Proposal will actually perform the assigned work. Any staff substitution must have the prior approval of the SCC.

B. Experience of the Proposer; References

1. Provide any other relevant experience that indicates the qualifications of the Proposer, and any subcontractors, for the performance of the potential contract.

2. Include a list of up to five (5) contracts the Proposer has had during the last five (5) years that relate to the Proposer’s ability to perform the services sought under this solicitation.

List contract reference numbers, contract period of performance, contact persons, tele-phone numbers, and e-mail addresses, and briefly describe the type of service provided.

The Proposer and staff proposed to provide the services must grant permission to the SCC to contact references. Do not include current SCC staff as references. References will be contacted and scored for the top-ranking Proposal(s) only.

C. Related Information

1. If the Proposer or any subcontractor has contracted with the SCC during the past 24 months, indicate the contract number and project description and/or other information available to identify the contract.

2. If a member of the Proposer’s staff or subcontractor’s staff was an employee of the SCC during the past 24 months, or is currently a SCC employee, identify the individual by name, job title or position held and separation date, as applicable.

3. If the Proposer has had a contract terminated for default in the last five years, describe such incident. Termination for default is defined as notice to stop performance due to the Proposer’s non-performance or poor performance, wherein the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and such litigation determined that the Proposer was in default.

Submit full details of the terms for default including the other party's name, address, and phone number. Present the Proposer’s position on the matter. The SCC will evaluate the facts as presented and may, at its sole discretion, reject the Proposal on the grounds of the past experience. If no such termination for default has been experienced by the Pro-poser in the past five years, so indicate.

D. OMWBE Certification (Optional)

Include evidence of certification issued by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) if certified minority- and/or women-owned firm(s) are proposed to participate in this project.

3.4 FINANCIAL CAPACITY

The evaluation process is designed to award this procurement not necessarily to the lowest cost pro-posal, but rather to the proposal which represents the best overall value in meeting the requirements of this RFP. However, Proposers are encouraged to submit proposals that are consistent with SCC efforts to conserve public resources.

As noted in Section 1.2, this is a pre-determined, fixed commission contract. Proposers are to submit the following information:

1. Catalog and price list of all available equipment and services that Proposer can provide.

2. On-site inventory list and dollar amount of proposed electrical, air/water/drain, and natural gas equipment.

3. Sample expenditures listing for exhibitor services desk operations.

4. Complete financial statement for the past two (2) fiscal years.

WA State Sales Tax To help ensure a fair evaluation of cost proposals, Proposal pricing is not to include Washington State retail sales tax. As the fiscal agent, SCC collects and remits Sales Tax for services provided to events and exhibitors. (Any applicable retail sales tax will be paid to the Contractor upon invoicing, which sales tax receipts must be remitted to the WS Department of Revenue in accordance with statute.)

4. EVALUATION & CONTRACT AWARD

The evaluation of Proposals shall be accomplished by an evaluation team to be designated by the SCC, which will determine the ranking of the Proposals.

4.1 PROPOSAL SCREENING

Proposals received by the published deadline will be administratively screened for “responsiveness”, i.e., meeting all the material requirements of the solicitation, and for Proposer “responsibility”, i.e., being a service provider in good standing in the State of Washington, eligible to receive public con-tracts. Only those Proposals received from responsible Proposers and meeting all mandatory submit-tal requirements will be evaluated for possible contract award.

4.2 CLARIFICATION OF PROPOSAL

The RFP Coordinator may contact a Proposer for clarification of any portion of the respective Proposal.

4.3 EVALUATION WEIGHTING & SCORING

For all Proposals determined to be responsive to the requirements of the solicitation and determined to have been submitted by responsible Proposers, the following weighting and points will be assigned:

Technical Proposal

Project Approach/Methodology 40 points (maximum) Quality of Proposed Work Plan 45 points (maximum) Risks 05 points (maximum)

90 points

Management Proposal

Project Team Structure/ Internal Controls 35 points (maximum) Experience of the Proposer 35 points (maximum)

70 points

Financial Capacity

Inventory 20 points (maximum) Equipment and Services Pricing 20 points (maximum)

40 points

Subtotal 200 points References 10 points

Total 210 points

References may be contacted for the top-scoring proposer(s) only and will then be scored and added to the subtotal score.

4.4 INTERVIEWS

The SCC, at its sole discretion, may select the top-scoring finalist(s) from the written evaluation for an interview, prior to final determination of contract award. Should the SCC elect to hold interviews, it will contact the top-scoring Proposer(s) to schedule a date, time and location. Commitments made by a Proposer at the interview, if any, will be considered binding.

A maximum of 15 points may be earned as the result of an interview. The score from any interview(s) will be combined with the score(s) from the written Proposal(s) to determine the apparent successful Proposer.

4.5 NOTIFICATION TO PROPOSERS

Firms whose Proposals have not been selected for further negotiation or award will be notified by e-mail.

4.6 DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Upon request, a debriefing conference will be scheduled with an unsuccessful Proposer. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the notification of an unsuccessful Proposal is provided to the Proposer. The debriefing will be held within three (3) business days of the request, if practicable.

Discussion will be limited to a critique of the requesting Proposer’s submittal. Comparisons between Proposals or evaluations of the other Proposals will not be allowed. Debriefing conferences may be conducted by telephone and will be scheduled for a maximum of one half-hour.

4.7 PROTEST PROCEDURE

Proposers protesting this procurement shall follow the procedures described below; protests that do not follow these procedures will not be considered. This procedure constitutes the sole administrative remedy available regarding this procurement, and is available only to those Proposers who submitted a response to this solicitation document and who have participated in a debriefing conference.

Upon completing the debriefing conference, a Proposer is allowed three (3) business days to file a protest with the RFP Coordinator. Protests may be submitted by e-mail. All protests must be in writing and signed by the protesting party or by an authorized agent, e.g., legal counsel. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the RFP Coordinator.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

A matter of bias, discrimination or conflict of interest on the part of an evaluator; and/or

Errors in computing the score; and/or

Non-compliance with procedures described in the procurement document or with SCC policy.

Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s judgment on the quality of a proposal, or 2) SCC’s assessment of its own needs or requirements.

Upon receipt of a protest, a protest review will be held by the SCC. The SCC President/CEO or an employee delegated by the President who was not involved in the procurement will consider the rec-ord and all available facts, and issue a decision within five (5) business days of receipt of the protest.

If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Proposer under the RFP, such Proposer will be given an opportunity to state its views and provide any relevant information on the protest to the RFP Coordinator.

The final determination of the protest shall:

Find the protest lacking in merit and uphold the SCC’s action; or

Find only technical or harmless errors in the SCC’s acquisition process and determine the SCC to be in substantial compliance, and therefore reject the protest; or

Find merit in the protest and provide the SCC options which may include:

Correct the errors and re-evaluate all proposals, and/or

Reissue the solicitation document and begin a new process, or

Make other findings and determine other courses of action as appropriate.

If the SCC determines that the protest is without merit, the SCC will enter into a contract with the apparent successful Proposer. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

5. RFP ATTACHMENTS

Attachment A – Certifications and Assurances Form

6. RFP EXHIBITS

Exhibit A – General Terms and Conditions Exhibit B – Scope of Work Exhibit C – Contract Form

ATTACHMENT A to RFP for EXCLUSIVE CONTRACTOR for TEMPORARY EVENT

UTILITIES & EXHIBITOR ORDERING SERVICES

CERTIFICATIONS AND ASSURANCES FORM

ATTACHMENT A to RFP for EXCLUSIVE CONTRACTOR FOR

TEMPORARY EVENT UTILITIES & EXHIBITOR ORDERING SERVICES

CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compli-ance with these requirements are conditions precedent to the award or continuation of the related con-tract(s):

1. I/we declare that all answers and statements made in the proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, com-munication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single pro-posal.

3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be ac-cepted by the SCC without further negotiation (except where obviously required by lack of cer-tainty in key terms) at any time within the 60-day period.

4. In preparing this proposal, I/we have not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this proposal or prospective con-tract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. I/we understand that the SCC will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the SCC, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly to any other Proposer or to any competitor.

7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

9. I/we grant the SCC the right to contact references and others, who may have pertinent infor-mation regarding the Proposer’s prior experience and ability to perform the services contem-plated in this procurement.

RFP for EXCLUSIVE CONTRACTOR FOR TEMPORARY EVENT UTILITIES & EXHIBITOR ORDERING SERVICES – Attachment A, Certifications & Assurances

Attachment A - Certifications and Assurances

On behalf of the firm submitting this proposal, my name below attests to the accuracy of the above statements.

Name of Proposer

Signed by

Signatory’s Capacity

Address

Date Signed

Phone Fax

E-mail Address

State of Washington Contractor’s License No. N/A

State of Washington UBI No.

Federal Tax ID No.

Surety or Bonding Company N/A

Agent’s Address N/A

EXHIBIT A to

GENERAL TERMS AND CONDITIONS

EXHIBIT A to RFP for EXCLUSIVE CONTRACTOR FOR

GENERAL TERMS AND CONDITIONS

Definitions

As used throughout this Contract, the following terms shall have the meanings set forth below:

"Agent" means the SCC President/Chief Executive Officer, and/or the delegate authorized in writing to act on the President's behalf.

“Business Days and Hours” means Monday through Friday, 8:00 a.m. to 5:00 p.m., local time in Seattle, except for holidays observed by the State of Washington.

“Confidential Information” means information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.56 RCW or other State or federal statutes. Confi-dential Information includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, SCC source or object code, SCC security data, or information identifiable to an individual that relates to any of these types of information.

“Contract” means the agreement entered into between the SCC and the Contractor for the performance of the work, which agreement includes all duly incorporated documents, all together constituting the “Contract Documents”.

"Contractor" means that firm, provider, organization, individual or other entity performing services un-der this Contract, and shall include all employees, agents and Subcontractors of the Contractor.

“Effective Date” means the first date the Contract is in full force and effect. It may be a specific date agreed to by the parties or, if not so specified, the date of the last signature of a party to the Contract.

“Price” means charges, costs, rates and/or fees charged for the services under the Contract, payable in United States dollars.

“Proprietary Information” means information owned by the Contractor for which the Contractor claims a protectable interest under law. Proprietary Information includes, but is not limited to, information protected by copyright, patent, trademark or trade secret laws.

“RCW” and “WAC” mean the Revised Code of Washington and the Washington Administrative Code, respectively, which together provide the statutory framework within which the SCC procures goods and services.

“Response” means Contractor’s proposal, submitted in response to a procurement solicitation (Request for Proposals – RFP, Request for Qualifications – RFQ, or Invitation for Bids – IFB) from the SCC.

“Scope of Work” or “Work” means the particular services and any associated goods, materials and equipment to be provided by the Contractor under the terms and conditions of the Contract.

"Subcontractor" means one not in the employment of the Contractor who is performing all or part of the Scope of Work under a separate contract with the Contractor. The terms "Subcontractor” and "Sub-contractors" may refer to Subcontractor(s) in any tier.

SERVICES – Exhibit A, General Terms and Conditions

Exhibit A - General Terms and Conditions

"SCC" means the Washington State Convention Center Public Facilities District DBA Seattle Convention Center, any division, section, office, unit or other entity of the SCC, and any of the officers or others law-fully representing the SCC.

Amendments

This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

Americans with Disabilities Act of 1990, Public Law 101-336 (also referred to as the "ADA"), 28 CFR Part 35

The Contractor must comply with the ADA, which provides comprehensive civil rights protection to indi-viduals with disabilities in the areas of employment, public accommodations, state and local govern-ment services, and telecommunications.

Antitrust Violations

Contractor and SCC recognize that, in actual economic practice, overcharges resulting from antitrust vio-lations are usually borne by the purchaser. Therefore, Contractor hereby assigns to the SCC any and all claims for such overcharges not passed on to the SCC resulting from antitrust violations commencing after the data or the proposal, bid, quotation or other event establishing the Price under the Contract.

Assignment

Neither this Contract, nor any claim arising under the Contract, shall be transferred or assigned by the Contractor without prior written consent of the SCC, which consent may be withheld in the SCC’s sole discretion. Such assignment or transfer shall not operate to relieve Contractor of any of its duties and obligations hereunder, nor will such assignment affect any remedies available to the SCC in the event of any breach of the Contract by the Contractor.

The SCC reserves the right to assign the Contract to any public entity in the State of Washington which is its successor in interest.

Assurances

SCC and the Contractor agree that all activity pursuant to the Contract will be in accordance with appli-cable current federal, state and local laws, rules, and regulations.

Attorneys’ Fees and Costs

In the event that the parties engage in arbitration, mediation or any other alternative dispute resolution forum to resolve a dispute in lieu of litigation, the parties will share equally in the cost of the alternative dispute resolution method, including the cost of a Dispute Resolution Panel. In addition, each party will be responsible for its own attorneys’ fees incurred while utilizing such alternative dispute resolution method.

If any litigation is brought to enforce any term, condition or section of the Contract, or as a result of the Contract in any way, the prevailing party shall be awarded its reasonable attorneys’ fees together with expenses and costs incurred with such litigation, including necessary fees, costs and expenses for ser-vices rendered at both trial and appellate levels, as well as subsequent to judgment in obtaining execu-tion thereof.

Confidentiality/Safeguarding of Information

Contractor acknowledges that some of the information that may come into its possession or knowledge in connection with the Contract or its performance may be considered to be Confidential Information.

Contractor agrees to hold Confidential Information in strictest confidence and to not make use of such information for any purpose other than the performance of the Contract, to release it only to authorized employees or Subcontractors requiring such information specifically for the purposes of carrying out the Contract, and to not release, divulge, publish, transfer, sell, disclose or otherwise make the information known to any other party without the SCC’s express written consent or as provided by law. Contractor agrees to release such information or material only to employees or Subcontractors who have signed a nondisclosure agreement, the terms of which have been previously approved by the SCC. Contractor agrees to implement physical, electronic and managerial safeguards to prevent unauthorized access to Confidential Information.

Immediately upon expiration or termination of the Contract, Contractor must, at the SCC’s option 1) cer-tify to the SCC that Contractor has destroyed all Confidential Information, or 2) return all Confidential Information to the SCC, or 3) take whatever other reasonable steps the SCC requires of Contractor to protect Confidential Information.

Conflict of Interest

Notwithstanding any determination by the Executive Ethics Board or other tribunal, the SCC may, in its sole discretion, by written notice to the Contractor terminate the Contract if it is found after due notice and examination by the Agent that there is a violation of the SCC Ethics Policy, the Ethics in Public Ser-vice Act, Chapter 42.52 RCW, or any similar statute involving the Contractor in the procurement of, or performance under, the Contract.

In the event the Contract is terminated as provided above, the SCC shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the Contract by the Con-tractor. The rights and remedies of the SCC provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause may be an issue for adjudication as provided in the “Dis-putes” clause of the Contract.

Conformance

If any provision of this Contract violates any statute or rule of law of the State of Washington, it is con-sidered modified to conform to that statute or rule of law.

Contractor’s Proprietary Information

Contractor acknowledges that the SCC is subject to Chapter 42.56 RCW, and that this Contract is a public record as defined therein. Any specific information that is claimed by the Contractor to be proprietary must be clearly identified as such by the Contractor. Price information and entire bid proposals will not be treated as proprietary. To the extent consistent with State law, the SCC will maintain the confidential-ity of all Proprietary Information. If a public records request is made for such information, the SCC will notify Contractor of the request and of the date such records are scheduled to be released unless the Contractor obtains an order from a court of competent jurisdiction enjoining the release.

Copyright Provisions

Unless otherwise provided, all materials produced under the Contract shall be considered "works for hire" as defined by the U.S. Copyright Act, and shall be owned by the SCC. The SCC shall be considered the author of such materials. In the event the materials are not considered “works for hire” under the U.S. copyright laws, Contractor hereby irrevocably assigns all right, title, and interest in materials, includ-ing all intellectual property rights, to the SCC effective from the moment of creation of such materials.

“Materials” in this context means all items in any format and includes, but is not limited to, data, re-ports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.

For materials that are delivered under the Contract, but that incorporate pre-existing materials not pro-duced under the Contract, Contractor hereby grants to the SCC a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such materials to translate, reproduce, distribute, prepare derivative works, publicly perform and publicly display. The Contractor warrants and represents that Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the SCC.

The Contractor shall exert all reasonable efforts to advise the SCC, at the time of delivery of materials furnished under the Contract, of all known or potential invasions of privacy contained therein and of any portion of such document that was not produced in the performance of the Contract.

The SCC shall receive prompt written notice of each notice or claim of infringement received by the Con-tractor with respect to any data delivered under the Contract. The SCC shall have the right to modify or remove any restrictive markings placed upon the data by the Contractor.

Covenant Against Contingent Fees

The Contractor warrants that no person or selling agent has been employed or retained to solicit or se-cure the Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Con-tractor for securing business.

The SCC shall have the right, in the event of breach of this clause by the Contractor, to annul the Con-tract without liability or, in its discretion, to deduct from the contract Price or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

Disallowed Costs

The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors.

Disputes

Except as otherwise provided in the Contract, when a dispute arises between the parties which cannot be resolved by direct negotiation, a Dispute Review Panel will be convened by the parties in the follow-ing manner. Each party will appoint one member to the Panel, who will jointly appoint a third member.

The Panel will review the Contract terms, applicable statutes, and the facts and circumstances of the dispute as submitted by the respective parties. Following an expeditious review and deliberation, the Panel will make a determination of the dispute.