2024- K12 Comp Sol V2.docx

COMPETITIVE SOLICITATION – NO. OMWBE 2024-K12

CONSULTING SERVICES FOR

GOVERNMENT CONTRACTING MENTORSHIP PROGRAM

INTRODUCTION

The Washington State Washington State Office of Minority & Women’s Business Enterprises (OMWBE) is issuing this Competitive Solicitation pursuant to RCW 39.26. Pursuant to this Competitive Solicitation, OMWBE intends to conduct a competitive procurement to award multiple Contracts for professional services from individuals or companies with expertise in transportation construction or related industries, as well as government contracting experience in support of “The OMWBE Government Contracting Mentor-Protégé Connection”.

Pursuant to this Competitive Solicitation, OMWBE intends to award Contracts for the following contract categories:

Category 1 – Mentors Mentors will provide one-to-one assistance, coaching, consulting, and mentorship sessions for up to three (3) OMWBE certified firms. These pre-selected clients have been unsuccessful in obtaining contracts or have won a handful of contracts and are seeking expert level assistance bidding on and winning government contracts in the transportation construction industry. The entire training, mentorship, and bid submission process will take six to eight months to complete, and may also be broken down into component timelines.

OMWBE intends to unbundle this category, and award regionally as per the following:

Four (4) Awards - Western Washington Two (2) Awards - Central Washington Two (2) Awards - Eastern Washington

COUNTIES IN REGIONS

WESTERN

Clallam, Clark, Cowlitz, Lewis, Jefferson, Grays Harbor, Kitsap, Mason, Island, King, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom Counties

CENTRAL

Benton, Chelan, Douglas, Grant, Kittitas, Klickitat, Okanagon, and Yakima Counties

EASTERN

Adams, Asotin, Columbia, Ferry, Franklin, Garfield, Lincoln, Pend Oreille, Spokane, Stevens, Walla Walla and Whitman Counties.

Category 2 – Program Administrator The Program Administrator will provide administrative oversight to program, assist in placements, provide orientation and curriculum to Mentors and Protégés, monitor progress, maintain program records, approve invoices, and serve as Liaison between program participants and OMWBE.

OMWBE intends to award this category as a single, statewide award.

SHELTERED MARKET CONTRACTS

Based on prior procurement experience and business judgment, OMWBE estimates that the total value of each Contract to be awarded is less than $150,000. Accordingly, because the total Contract value (over the full term of the Contract) is estimated to be less than $150,000, OMWBE, consistent with state procurement policy, see Enterprise Services Policy No. POL-DES-090-06 – Supplier Diversity Policy, intends to award sheltered market contract(s) (“Sheltered Market Contract(s)”).

Sheltered Market Contracts are designed to increase opportunities for specified innovative and qualified firms to contract with Washington state agencies. Accordingly, firms that meet either of the following qualifications and provide the bidder certification set forth in Exhibit A-1 – Bidder’s Certification, are eligible to bid and compete for the Sheltered Market Contracts:

· Washington Small Businesses – To qualify as a Washington Small Business, Bidder must meet three (3) requirements:

· Location. Bidder’s principal office/place of business must be located in and identified as being in the State of Washington. A principal office or principal place of business is a firm’s headquarters where business decisions are made and the location for the firm’s books and records as well as the firm’s senior management personnel;

· Size. Bidder must be owned and operated independently from all other businesses and have either: (a) fifty (50) or fewer employees; or (b) gross revenue of less than seven million dollars ($7,000,000) annually as reported on Bidder’s federal income tax return, or its return filed with the Washington State Department of Revenue over the previous three consecutive years; and

· WEBS Certification. Bidder must have certified its Washington Small Business status in Washington’s Electronic Business Solution (WEBS).

· Certified Veteran-Owned Businesses – To qualify as a Certified Veteran-Owned Business, Bidder must meet four (4) requirements:

· 51% Ownership. Bidder must be at least fifty-one percent (51%) owned and controlled by:

· A veteran as defined as every person who at the time he or she seeks certification has received a discharge with an honorable characterization or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the capacities listed in RCW 41.04.007;

· A person who is in receipt of disability compensation or pension from the department of veteran’s affairs; or

· An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

· Washington Incorporation/Location. Bidder must be either an entity that is incorporated in the state of Washington as a Washington domestic corporation or, if not incorporated, an entity whose principal place of business is located within the State of Washington;

· WEBS Certification. Bidder must have certified its Veteran-Owned business status in Washington’s Electronic Business Solution (WEBS); and

· WDVA Certification. Bidder must have provided certification documentation to the Washington Department of Veterans’ Affairs WDVA) and be certified by WDVA and listed as such on WDVA’s website (WDVA – Veteran-Owned Businesses).

In the event that OMWBE does not receive enough responsive bids from responsible qualifying firms for Sheltered Market Contracts, OMWBE, at its discretion, shall evaluate bids from non-qualifying firms for Sheltered Market Contracts and award Contract(s) to the highest scored responsive, responsible bidder(s).

· a Washington Small Business, or

· a Certified Veteran-Owned Business

In the event that OMWBE does not receive enough responsive bids from responsible qualifying firms for Sheltered Market Contracts, OMWBE, at its discretion, shall evaluate bids from non-qualifying firms for Sheltered Market Contracts and award Contract(s) to the highest scored responsive, responsible bidder(s).

Bidders may bid on one or more Regions.

Awarded for the entire State of Washington only.

Bidders must bid only for entire state.

Central Washington: Two (2) Awards Eastern Washington: Two (2) Awards One (1) Statewide Award

This Competitive Solicitation is divided into six (6) sections:

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

· 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, the form of the resulting Contract, and potential contract sales.

· Section 3 identifies how OMWBE 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, including OMWBE’s efforts to enable Washington’s small and diverse businesses to compete for and participate in state procurements for goods/services.

In addition, this Competitive Solicitation includes the following Exhibits:

· Exhibit A – Required Bidder Information: These exhibits identify information that bidders must provide toto constitute a responsive bid. See Section 4, below.

· Exhibit A-1 – Bidder’s Certification

· Exhibit A-2 – Bidder’s Profile

· Exhibit B-1 – Scope of Services: This exhibit outlines the required responsibilities, tasks, and/qualifications for the services that are the subject of this Competitive Solicitation.

· Exhibit B-2 – Performance Requirements: This exhibit highlights bidders’ prior experience, performance capabilities, and detailed narrative responses to questions Bidders will complete as part of their bids. This Exhibit will serve as an evaluation tool that Enterprise Services will use to evaluate and compare the “non-cost” factors of submitted bids.

· Exhibit C – Cost Proposal: This exhibit provides the pricing information that bidders will complete as part of their bid: the “cost” factors and the price evaluation tool that the Procurement Coordinator will use to evaluate and compare bids.

· Exhibit D – Contract: This exhibit is a draft of the Contract that any successful bidder will execute with OWMBE.

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

(Pacific Time)

Attend via Video Conference Join the meeting now Meeting ID: 280 099 482 681 Passcode: wAK6hw Dial in by phone +1 564-999-2000,,850916137# United States, Olympia Find a local number Phone conference ID: 850 916 137#

Deadline for Submitting Bids:

Monday, September 23, 2024 by 11:59 PM Pacific Daylight Time

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

Procurement Coordinator

Questions raised at the pre-bid conference and during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS). As used in this Competitive Solicitation, in evaluating bids, references to ‘the Procurement Coordinator,’ include agency personnel and/or third-party evaluation committees.

1.3. 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.

1.4. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. OMWBE 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. 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 CONTRACTS. The purpose of this Competitive Solicitation is to receive competitive bids to evaluate and, as appropriate, award Contracts for OMWBE to procure coaching, mentorship, and program administration services as set forth herein. Pursuant to Washington’s Procurement Code for Goods and Services, RCW chap. 39.26, state agency purchases of goods and services must be based on a competitive solicitation process in which the Contracts are awarded to the lowest responsive, responsible bidder(s).

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

2.3. CONTRACT TERM. As set forth in the attached Contract for this Competitive Solicitation, the initial contract term is eight (8) months. Bidders are to specify prices for the first eight (8) months of the contract term (such prices then will be adjusted as set forth in the Contract), upon a contract extension, possible for 2 (two) additional twelve (12) month extensions. The Contract is subject to earlier termination.

2.4. ESTIMATED CONTRACT VALUE. The OMWBE Mentorship-Protégé Connection is the subject of this solicitation, and it is be offered for the first time. As such, there is no historic information from prior contracts. Total potential or estimated contract sales for this Competitive Solicitation are not known. Although OMWBE does not represent or guarantee any minimum purchase from the Contract, OMWBE anticipates purchasing coaching and mentorship services and program administration for a total of $500,000 for all awards in both categories: approximately $400,000 for Category 1 and approximately $100,000 for Category 2. The value of each individually awarded contract for Category 1 – Mentors, will vary and depend upon: Bidder’s hourly rates, the number of Protégés assigned to Bidder, and number of hours spent mentoring and coaching with each Protégé. The total value of the awarded contract for Category 2 – Program Administration is also unknown, but based on similar variables as above such as the awarded Bidder’s hourly rate and total hours spent administering the Program.

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. OMWBE 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: 5 points

Section 3 – Bid Evaluation

This section identifies how bids for this Competitive Solicitation will be evaluated.

3.1. OVERVIEW. Bids for this Competitive Solicitation will be evaluated 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 reasons for this rejection.

· The Procurement Coordinator 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.

· The following summary chart provides an overview of the process and evaluation criteria (which are further described below)to determine eligibility for a Contract award:

Bid Responsiveness

Bid Evaluation

Exhibit B – Performance Requirements

Exhibit C – Cost Proposal

State Procurement Priorities

TOP-SCORED BIDDER(S) ADVANCE TO STEP 5

Presentation Evaluation

Responsible Bidder

Contract Negotiations

3.2. BID RESPONSIVENESS/RESPONSIBILITY (STEP 1). Bids will be reviewed – on a pass/fail basis – to determine whether the bid is ‘responsive’ to this Competitive Solicitation. This means that the Procurement Coordinator 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. The Procurement Coordinator reserves the right 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 services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders.

3.3. PERFORMANCE REQUIREMENTS EVALUATION (STEP 2). The Procurement Coordinator will evaluate each bid to ensure that each bidder’s goods(s) and/or service(s) meet the specifications and/or performance requirements set forth in Exhibit B–-2 Performance Requirements. The Procurement Coordinator 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 within ten (10) business days may result in disqualification.

3.4. BID PRICING EVALUATION (STEP 3). The Procurement Coordinator will evaluate bid pricing by reviewing and comparing the submitted Cost Proposals provided in Exhibit C-Cost Proposal. Bidder must complete the cost proposal sheet for each Category they may be bidding as necessary to perform all tasks and deliverables, in its entirety, the scope of work as defined in Exhibit B-1, Scope of Services, as well as all other requirements outlined this solicitation.

(Lowest Cost Proposal (per Category/per Region)/(Bidder’s Cost Proposal) * 35 (Points Available) = Bidder’s Cost Score

3.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 4). The following Washington State procurement priorities and preferences apply 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), bids will be evaluated for best value and bidders may obtain a bid preference in the amount of five percent (5%) if bidder is able to certify, pursuant to Exhibit A-1 – Bidder’s Certification, that bidder 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. DEMONSTRATION EVALUATION (STEP 5). Up to twelve (12) bidder(s) with the highest-scored bids, by region, in Category 1 – Mentors, and up to 3 (three) bidders with the highest-scored bids in Category 2 – Program Administrator may be invited to demonstrate with the evaluation committee. All key personnel as listed in Bidder’s Exhibit B-2 - Performance Requirements will be required to participate in the demonstration process. The Procurement Coordinator will contact the bidder(s) to schedule a date and time for demonstration. Bidder(s) are encouraged to hold the date(s) indicated in Competitive Solicitation Section 1.1. The Procurement Coordinator will provide further instruction at the time of scheduling demonstrations. Demonstrations will be pass/fail only. Failing demonstrations will be deemed non-responsive.

3.7. BIDDER RESPONSIBILITY ANALYSIS (STEP 6). For responsive bids, the Procurement Coordinator must determine whether the bidder is a ‘responsible bidder.’ Accordingly, the Procurement Coordinator will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, the Procurement Coordinator 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 the Contract.

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

· Financial Information: The Procurement Coordinator 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: The Procurement Coordinator 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.

3.8. CONTRACT NEGOTIATIONS (STEP 7). OMWBE may negotiate with the highest scored responsive, responsible bidder(s) in each category to finalize the Contract and to determine if the bid(s) may be improved. If, after a reasonable period of time, OMWBE, in its sole judgement, cannot reach agreement on acceptable Contract terms with such bidder, OMWBE may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder(s) as determined by the evaluations.

3.9. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER(S). OMWBE will determine the Apparent Successful Bidder (“ASB”). The ASB will be the responsive and responsible bidder who best meets the Competitive Solicitation requirements and present the best total value, including price, as calculated consistent with the instructions set forth in Exhibit C – Cost Proposal, and other factors as set forth in this Competitive Solicitation including any applicable state procurement priority or preference, for each category.

· ASB designation does not imply that the ASB will be issued a Contract award. Rather, this designation allows the awarding agency to perform further analysis and ask for additional documentation. The bidder 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.

3.10. CONTRACT AWARD. Subject to protests, if any, the awarding agency and the ASB will enter into a Contract as set forth in Exhibit D – Contract. An award is made and a contract formed by signature of the awarding agency and the awarded bidder on the Contract. Following the Contract 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.

3.11. BID INFORMATION AVAILABILITY. Upon ASB announcement, 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 ASB announcement, all bid evaluations will be posted to WEBS.

3.12. ADDITIONAL AWARDS. The awarding agency reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible bidders who provided a bid but who were not awarded a Contract. 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) or be in the best interest of the State of Washington.

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

This section identifies how to prepare and submit your bid 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 the Procurement Coordinator 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. PRE-BID CONFERENCE. The Procurement Coordinator will host a Competitive Solicitation pre-bid conference at the time set forth in Section 1.1 of this Competitive Solicitation. Attendance is not mandatory. Bidders, however, are encouraged to attend and participate. The purpose of the pre-bid conference is to clarify the Competitive Solicitation as needed and raise any issues or concerns that bidders may have. If changes to the Competitive Solicitation are required as a result of the pre-bid conference, the Procurement Coordinator will post an amendment to this Competitive Solicitation to WEBS. 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.

4.2. 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 the Procurement Coordinator to consider and, if warranted, respond to the inquiry. If a bidder does not notify the Procurement Coordinator of an issue, exception, addition, or omission, such issue, exception, addition, or omission may be considered to be 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 bidder contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in bidder disqualification.

4.3. PRICING. Bid Prices must include all cost components needed for the goods and/or services as described in this Competitive Solicitation. See Exhibit C – Cost Proposal. 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 Contract, the total price for the goods and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

· Credit Cards (“Purchasing Cards” or “P-Cards”): In the event that bidder is awarded a Contract, 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.

4.4. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to the Procurement Coordinator 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 the Procurement Coordinator 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 the Procurement Coordinator 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 the awarding agency’s contract administration purposes.

Complete as instructed and submit it with the bid to the Procurement Coordinator.

· 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 the Procurement Coordinator.

· EXHIBIT C – COST PROPOSAL

Bidder will need to complete the price worksheet tools as instructed in Exhibit C – Cost Proposal and submit it with the bid to the Procurement Coordinator.

4.5. 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 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.

4.6. SUBMITTING BIDS. Bidder’s electronic bid must be emailed to the Procurement Coordinator at the following email address: DESProcurementConsulting@des.wa.gov. Note: Bidder emails (including attachments) CANNOT exceed 30MB in size (emails that exceed 30 MB in size will not be delivered). Accordingly, Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted. OMWBE’ s Procurement Coordinator 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 the Procurement Coordinator at DESProcurementConsulting@des.wa.gov 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. The Procurement Coordinator will consider all complaints but is not required to modify or cancel the Competitive Solicitation. If bidder complaints result in changes to the Competitive Solicitation, written amendments to the Competitive Solicitation 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. The Procurement Coordinator 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 waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a bidder and the awarding agency, through the Procurement Coordinator, to meet and discuss the bidder’s bid (and, as further explained below, is a necessary prerequisite to filing a protest). Following the bid evaluation, the Procurement Coordinator will issue an ASB announcement. The ASB announcement may be made by any means, but the Procurement Coordinator 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, the Procurement Coordinator 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, the Procurement Coordinator likely will schedule the Debrief Conference shortly after the ASB announcement and the bidder’s request for a Debrief Conference. The Procurement Coordinator 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 is a required prerequisite for a bidder wishing 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 response may request a Debrief Conference (see also Section 5.4 below). A Debrief Conference provides an opportunity for the bidder to meet with the awarding agency, through the Procurement Coordinator, 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 the ASB announcement. Debrief conferences may be conducted either in person at the awarding agency or Procurement Coordinator’s offices in Olympia, Washington, or virtually (e.g., by telephone or web-based virtual meeting such as Zoom, Skype, MS Teams), as determined by the Procurement Coordinator, and may be limited by the Procurement Coordinator 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 the 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 Debriefing 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, OMWBE’s 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 OMWBE’s 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 THE PROCUREMENT COORDINATOR.

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: Procurement Coordinator – Complaint Contracts & Procurement Division 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” and the Solicitation number in the subject line of the email message. Alternatively, mail the protest to the Protest Officer at the following address:

Attn: Protest Officer OMWBE Competitive Solicitation No. OMWBE- 2024 -K12 Contracts & Procurement Division 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 OMWBE’s 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 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. Bidders are strongly discouraged from unnecessarily submitting sensitive information (e.g., information that bidder 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 the awarding agency 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, the awarding agency, prior to disclosure, will do the following:

· The awarding agency’s 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, the awarding agency will redact or withhold the document(s) as appropriate.

· For documents marked ‘sensitive’ or for documents where the awarding agency either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, the awarding agency will notify bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that the awarding agency 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 the awarding agency from such disclosure. In the event bidder fails to timely file a motion for a court order enjoining such disclosure, the awarding agency will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information and 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. The awarding agency, 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, OMWBE has established the following voluntary numerical goals for OMWBE’s Competitive Solicitations:

· Two percent (2%) Minority-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Two percent (2%) Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Two percent (2%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA); and

· Four percent (4%) Washington Small Businesses, two percent (2%) of which are microbusinesses or minibusinesses as defined in RCW 39.26.010(16) and (17).

The total goal for a diverse supplier pool as stated by OMWBE is 10%. 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 on 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 OMWBE about small and diverse business inclusion and qualification as a Washington Small Business. If you qualify as a Washington Small Business, identify yourself as such in WEBS. Call WEBS Customer Service at 360-902-7400. The qualification requirements to self-certify as a Washington Small Business are set forth in Exhibit A-1 – Bidder’s Certification.

6.3. WEBS REGISTRATION. Individuals and firms interested in state contracting opportunities with the awarding agency or any state agency should register for competitive solicitation notices at the Washington Electronic Business Solution (WEBS) WEBS Registration. Note: There is no cost to register on WEBS.

6.4. POLYCHLORINATED BIPHENYLS (PCBS) NOTICE. Polychlorinated biphenyls, commonly known as PCBs, have adverse effects on human health and the environment. Accordingly, the State of Washington, through its procurements of goods/services, is trying to minimize the purchase of products with PCBS and to incentivize its contractual vendors to sell products and products-in-packaging without PCBs.

6.5. ENERGY-EFFICIENT EQUIPMENT. The State of Washington, through its procurements of goods/services, encourages the use of energy-efficient equipment.

INCLUDED EXHIBITS

EXHIBIT A-1 – BIDDER’S CERTIFICATION

See attached Exhibit A-1 – Bidder’s Certification.

Note: As set forth above, Bidder must complete, sign, and return the Bidder’s Certification to the Procurement Coordinator.

EXHIBIT A2 – BIDDER’S PROFILE

See attached Exhibit A-2 – Bidder’s Profile.

Note: As set forth above, Bidder must complete and return the Bidder’s Profile to the Procurement Coordinator.

EXHIBIT B-1 – SCOPE OF SERVICES

See attached Exhibit B-1 – Scope of Services.

EXHIBIT B –2 – PERFORMANCE REQUIREMENTS

See attached Exhibit B-2 – Performance Requirements.

Note: As set forth above, Bidder must complete and return Exhibit B – 2 Performance Requirements to the Procurement Coordinator.

EXHIBIT C – COST PROPOSAL

See attached Exhibit C – Cost Proposal.

Note: As set forth above, Bidder must complete and return Exhibit C – Cost Proposal to the Procurement Coordinator.

EXHIBIT D – CONTRACT

See attached Exhibit D – Contract for Competitive Solicitation No. OMWBE 2024-K12

COMPETITIVE SOLICITATION NO. OMWBE 2024-K12 –CONSULTING SERVICES FOR GOVERNMENT CONTRACTING MENTORSHIP PROGRAM

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