24-004 RFP External Investigator.pdf

Request for Proposal

Investigations into Discrimination and/or other Miscellaneous Policy Violations

Central Washington University

Ellensburg, WA

Reference Bid: 24-004

Issue Date: December 4, 2024 Letter of Intent-to-Respond: December 20, 2024 3:00 PM (PST) (Mandatory)

Questions Due: December 20, 2024 3:00 PM (PST) Proposals Due: January 6 , 2025 3:00 PM (PST)

Return Proposals To:

Central Washington University Purchasing Office - Mail Stop 7480

2nd Floor Mitchell Hall 400 E. University Way

Ellensburg, WA 98926-7480

Note: This RFP document and subsequent associated information will be posted on CWU’s Internet Site and the State of Washington’s WEBS site:

CWU Procurement: http://www.cwu.edu/contracts/current-bid-opportunities

State of Washington’s WEBS:

http://des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx http://www.cwu.edu/contracts/current-bid-opportunities http://des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx http://www.cwu.edu/map�

TABLE OF CONTENTS

SECTION #1: BIDDERS SUBMITTAL PAGE

SECTION #2: GENERAL INFORMATION

SECTION #3: GENERAL INSTRUCTIONS TO ALL BIDDERS…………………

SECTION #4: SCOPE OF WORK AND SPECIFICTATIONS

SECTION #5: REQUIRED RESPONSES OF ALL BIDDERS …………

SECTION #6: PROPOSAL AWARD CRITERIA…………

APPENDIX A: Form of Contract

APPENDIX B: Washington Institutions of Public Higher Education (WIPHE)

APPENDIX C: In-State Preference/Reciprocity

APPENDIX D: Diversity Plan

Campus Map

BIDDER’S RFP CHECKLIST

The Most Critical Things to Keep in Mind When Responding to an RFP for Central Washington University:

1. _______ Read the entire document. Note critical items such as: mandatory requirements; supplies/services required; submittal dates; number of copies required for submittal; contract requirements (i.e., contract performance, insurance requirements, performance and/or reporting requirements, etc.).

2. _______ Note the procedures for communication with the University during the RFP process. All communication during the RFP process must be in writing.

Respondents should not contact University personnel outside of the opportunity provided in the document.

3. _______ Attend the pre-proposal conference if one is offered. These conferences provide an opportunity to ask clarifying questions, obtain a better understanding of the project, or to notify the University of any ambiguities, inconsistencies, or errors in the RFP.

4. _______ Take advantage of the “question and answer” period. Submit your questions to the buyer by the due date listed in the “applicable dates” sections and view the answers given in the formal “addenda” issued for the RFP. All addenda issued for an RFP are posted on the University’s website and will include all questions asked and answered concerning the RFP.

5. _______ Follow the format required in the RFP when preparing your response.

Provide point-by-point responses to all sections in a clear and concise manner.

6. _______ Provide complete answers/descriptions. Read and answer all questions and requirements. Don’t assume the University or the evaluation committee will know what your company’s capabilities are or what items/services you can provide, even if you have previously contracted with the University. The proposals are evaluated based solely on the information and materials provided in your response.

7. _______ Use the forms provided, e.g., bidders submittal page, reference forms, attachment forms, etc.

8. _______ Review and read the RFP document again to make sure that you have addressed all requirements. Your original response and the requested copies must be identical and be complete. The copies are provided to the evaluation committee members and will be used to score your response.

9. _______ Submit your response on time. Note all the dates and times listed in the applicable dates section and be sure to submit all required items on time.

Late proposal responses are never accepted.

This checklist is provided for assistance only and should not be submitted with Bidder’s Response

SECTION #1: BIDDERS SUBMITTAL PAGE

The undersigned has carefully examined all instructions and specifications and hereby proposes to furnish the services described herein, in accordance with the bid instructions and specifications. (Note: Signature must be in ink and must be that of an individual authorized to act in such capacity for the firm represented.)

� Respondent is a company in good standing for the services offered _____.(Initial)

� Respondent has responded to all items in Section #4 “Required Responses of all Bidders” __________(Initial)

� The response to this RFP has been prepared independently, without consultation, communication or agreement with others for the purpose of restricting competition.__________(Initial)

� In preparing this RFP, respondent has not been assisted by any current or former employee of the state of Washington whose duties relate to this bid and who was assisting in other than his or her official capacity. Neither does such a person or any member of his or her immediate family have any financial interest in the outcome of this RFP. __________(Initial)

� Vendors under consideration may be asked to provide current, audited financial statements or the equivalent to include at a minimum: an income statement;

statement of cash flows; and a balance sheet. This information is subject to disclosure if it is deemed to be a determining factor in the award decision. Vendor agrees to provide this information upon request by the University. _________(Initial)

� Respondent agrees that any resulting contract will be subject to the terms and conditions of this solicitation.________(Initial)

� Respondent agrees that any resulting contract, if applicable, will require respondent participation in Section 2.10 Subcontractor Participation Monitoring and Reporting. ________(Initial)

� During the term of an awarded Contract, Bidder, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). Bidder, including any subcontractor, also shall give written notice of this nondiscrimination requirement to any labor organizations with which Bidder, or subcontractor, has a collective bargaining or other agreement. In addition, Bidder, including any subcontractor, shall cooperate with any Washington state agency investigation regarding any allegation that Bidder, including any subcontractor, engaged in prohibited discrimination set forth in RCW 49.60.530(3). .________(Initial)

� Respondent has responded to “Appendix D: Vendor Diversity Plan”. _____.(Initial) https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.530 https://app.leg.wa.gov/RCW/default.aspx?cite=49.60.530

� Respondent agrees to make purchases available to other WIPHE members per terms and conditions of Appendix B of this solicitation. (Initial yes or no) Y___N__

Any official correspondence related to this Request For Proposal solicitation shall be directed to the owner, Central Washington University, Purchasing Office, Attn: Charity Thornton, 400 E University Way; MS 7480; Ellensburg, WA 98926-7480; and to the respondent as noted below:

Bidder, within the three-year period immediately preceding the date of this bid solicitation, has not been determined by a final and binding citation and notice of assessment issued by the 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 relating to the payment of wages. I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Name of Signing Officer Title

Company Name Company Address Telephone Fax Number

Email Tax ID Number

Signature Date

SECTION #2: GENERAL INFORMATION

2.1 Purpose of Proposal:

Central Washington University (CWU) is a comprehensive liberal arts university located in Ellensburg, Washington. Investigations into violations by employees of policies and procedures may be conducted by members of the university’s Human Resources staff.

The policy allows for a designee to be named to conduct investigations. CWU requires a roster of external, independent entities to investigate internal complaints.

Objectives: The objective of investigations is to determine if CWU employees have violated university policy. Current civil rights policies include:

CWUP 2-35-050 Sexual Harassment CWUP 2-35-015 Title IX: Discrimination on the Basis of Sex and Sexual Misconduct CWUP 2-40-010 Acceptable and Ethical Use of University Information Technology

For these cases CWU’s “Discrimination Complaint and Resolution Policy and Procedure” will be used to guide the investigation. An investigative report is expected to document

(a) methodology used to investigate complaint(s), (b) allegations, and (c) conclusions.

CWU may have the occasion to hire an external investigator for more general employee behaviors that may violate policies. Human Resources will ensure the investigator is informed of the investigative standards, policies that may have been violated, and what process will be used to investigate.

Stated within this RFP are instructions for submitting proposals, scope of work, and criteria by which a vendor will be selected, and the contractual terms by which the University proposes to govern the relationship with the selected vendor. The RFP provides vendors a means to present their qualifications and abilities for an objective review.

2.2 Background: Central Washington University (CWU) is a publicly assisted university located in Ellensburg, Washington, 100 miles east of Seattle. The governing board of the university is appointed by the governor. About 8,000 full-time equivalent students attend the university, 1700 of whom attend one of six satellite campuses located in, Des Moines, Lynnwood, Lakewood, Moses Lake, Wenatchee, and Yakima; and two Instructional Sites located in Sammamish, and at the Joint Base Lewis-McChord. CWU has approximately 1,400 faculty and staff located at the various facilities. Further information about the university may be found at the following web site: www.cwu.edu. Ninety-five percent of CWU students are Washington residents.

About 80 percent of CWU students are from western Washington, with concentrations in King, Pierce, Snohomish, and Yakima counties. About 30 percent of students are people of color. Sixty-five percent of graduates transferred to CWU from another institution.

https://www.cwu.edu/resources-reports/cwup-2-35-050-sexual-harassment https://www.cwu.edu/resources-reports/cwup-2-35-equal-opportunity-policies-and-programs#2-35-015 https://www.cwu.edu/resources-reports/cwup-2-40-010-acceptable-and-ethical-use-university-information-technology http://www.cwu.edu/resources-reports/cwup-2-35-equal-opportunity-policies-and-programs#Discrimination http://www.cwu.edu/

The university colleges, departments, and development divisions work with advisory boards that include membership of business leaders from throughout the state.

CWU is a master's degree-granting university. Some signature areas of study at CWU include music, information technology and administrative management, education, supply chain management, geology, aviation, and paramedics.

Central Washington University is supported by the Central Washington University Foundation, a separate 501c3 non-profit organization. Vendors wishing to inquire about philanthropic opportunities may contact the CWU Foundation at 509-963-2160 or visit their website at: www.cwu.edu/foundation. .

2.3 Term of Contract: CWU will negotiate the term of the contract with the successful bidder.

2.4 Evaluation Process: The University will award a contract based on price and the responses of the vendors required in Section #5: Required Responses. Vendors under consideration may be invited to demonstrate. All costs associated with demonstrations will be the responsibility of the vendor. Points earned during evaluation of bid submittals may be adjusted following the demonstrations.

2.5 Confidentiality: All information specifically requested in this RFP is subject to Public Disclosure and available after contract execution. Providers may request that specific additional portions of their submittals be considered exempted from disclosure pursuant to RCW 42.56.210; however, the University makes no assurances that such materials will be held in confidence after contract execution if they are not deemed qualified for exemption by the University. Any submittals that are a determining factor in award of a contract will be subject to disclosure.

2.6 Other Institutions Eligible for PurchaseThis solicitation is being issued by Central Washington University (The Lead Institution) pursuant to the Interlocal Cooperative Act, RCW 39.34. This solicitation offers the bidder an opportunity to make any resulting contract available to members of the Washington Institutions of Public Higher Education (WIPHE). Appendix B contains information about the WIPHE cooperative membership and the terms and conditions of such arrangements. There are no WIPHE members committed to participate in this bid, but potential participants are identified in Appendix B.

2.7 University Parking: Enclosed for your information is a University map (http://www.cwu.edu/map). Visitors to campus should stop at the CWU Conference Services desk in Munson Hall for directions and parking information. CWU is not responsible for parking infractions/violations incurred by visitors.

2.8 WA State Business License Requirement: Business enterprises, whether an individual, partnership or corporation, must obtain a Washington business license to do business in Washington State. Application information may be obtained from the Internet site of the Department of Licensing: https://bls.dor.wa.gov.

http://www.cwu.edu/foundation http://www.cwu.edu/map https://bls.dor.wa.gov/

2.9 Minority and Women’s Business Enterprises:

The following voluntary numerical Diverse Business Inclusion goals have been established for the project as:

Minority Business Enterprises (MBE’s): 10% Woman’s Business Enterprises (WBE’s) 6%.

Washington Small Business 5% & Veterans 5%

Achievement of the goals is encouraged. However, no minimum level of Diverse Business participation shall be required as a condition of vendor selection. Proposals will not be rejected or considered non-responsive if they do not include diverse Business participation, but plan for Diverse Business Inclusion is required (see Appendix D).

Vendors may contact the following resources to obtain information on certified and registered diverse business:

• The Office of Minority and Women’s Business Enterprises: 866.208.1064 or www.omwbe.wa.gov,

• For small business information: https://des.wa.gov/services/contracting-purchasing/doing-business-state/bid-opportunities/business-diversity or 360- 407-8010.

• The Department of Veterans’ Affairs: 1-800-562-2308 or www.dva.wa.gov.

2.10 Subcontractor Participation Monitoring and Reporting: Once a contract is awarded through the solicitation or proposal process, the awarded Prime Contractor is obligated to complete the vendor registration in Access Equity. Access Equity is a secure online vendor management system (B2GNow). Confidential information (Tax ID, etc.) will not be published. Prime Contractors that have previously registered with B2Gnow for any public entity, must verify the system has updated information. Contractors can access the system at https://omwbe.diversitycompliance.com/ or through a direct link on the Office of Minority and Women’s Business Enterprises (OMWBE) website at:

https://omwbe.wa.gov/.

Each month during the contract, the Prime Contractor will report payments to ALL Subcontractors through the Access Equity system. This monthly reporting information includes total payment in dollars made to the Subcontractor, payment dates, and any additional information required to verify payment to Subcontractors. The Prime Contractor will enter this payment information into the Access Equity system, and the Subcontractors will verify this payment information in the system. Online training is available through the Access Equity/B2Gnow system. This requirement applies to both Prime Contractors and Subcontractors.

The remainder of this page intentionally left blank http://www.omwbe.wa.gov/ https://des.wa.gov/services/contracting-purchasing/doing-business-state/bid-opportunities/business-diversity https://des.wa.gov/services/contracting-purchasing/doing-business-state/bid-opportunities/business-diversity http://www.dva.wa.gov/ https://omwbe.diversitycompliance.com/ https://omwbe.wa.gov/

SECTION #3: GENERAL INSTRUCTIONS TO ALL BIDDERS

3.1 Applicable Dates

Requests for Proposals issued December 4, 2024 Letter of Intent-to-Respond December 20, 2024 3:00 PM (PDT) Questions due December 20, 2024, 3:00 PM (PDT) Proposals due January 6, 2025, 3:00 PM (PDT)

The University reserves the right to revise this schedule.

3.2 Availability of Soft Copies: Soft copies of this RFP may be obtained from our Internet site, http://www.cwu.edu/contracts/current-bid-opportunities. Electronic versions of solicitation documents are issued solely for the convenience of the proposing vendors. Any content modification to the official version will be deemed material and cause to reject the response.

3.3 Letter-of-Intent-to-Respond: Vendors wishing to participate in this acquisition process must provide a written Letter-of-Intent-to-Respond. Failure to submit a Letter-of-Intent-to-Respond as required will disqualify vendors from further participation in the bid process. This letter must certify the ability of the vendor to meet the defined requirements and indicate a desire to participate. Also include the name, complete address, phone number, fax number, and e-mail address of a designated individual to whom any correspondence/addendums should be sent.

Vendors are encouraged to email letters to Isaiah.Casem@cwu.edu . Faxed letters will be accepted at (509) 963-2871. If mailed, the address is as follows: Central Washington University; Procurement Department-M/S 7480; Attn: Isaiah Casem; 400 E. University Way; Ellensburg, WA 98926-7480. In either case, please reference the bid number on the cover sheet. Failure to provide this letter will be considered a material irregularity and deemed reason for rejecting proposals. It is the vendors’ responsibility to verify that the Letter-of-Intent-to-Respond has been received by CWU’s Procurement Office.

The Letter-of-Intent-to-Respond must be received by the date and time provided in the schedule found in Section #3.1 of this RFP, 3:00 P.M. local time, Ellensburg, WA 98926.

3.4 Amendments to Specifications: Any amendment(s) to or error(s) in the specifications called to the attention of the University will be added to or corrected and furnished to all those holding specifications.

3.5 Preparation of Responses: Responses must be prepared on University forms where provided and standard 8.5" x 11" paper for additional submittals. The response should be stapled or bound. Tabs to separate and identify portions of your response are encouraged. The respondent's name must appear on each page. Responses to the 'Requirements of Proposals’ must be formatted to correspond numerically to the requirements listed in Section #5.

3.6 Cost of Preparation: The University will not pay respondent costs associated with preparing or presenting any response to this request.

3.7 Number of Copies: One complete response must be submitted prior to the time and date stated in Section #3.1 (Applicable Dates). All materials become the property of the University upon receipt in the Contracts and Procurement Department.

3.8 Multiple Responses: Respondents who wish to submit more than one proposal may do so, provided that each proposal stands alone and independently complies with the instructions, conditions and specifications of the request. If multiple responses are submitted, the University reserves the right to select the most advantageous proposal to the University.

3.9 Proprietary Information: Any information contained in the RFP response that is proprietary must be clearly designated. Marking of the entire response as proprietary will neither be accepted nor honored. The University cannot guarantee that all such material noted remains proprietary, particularly if it becomes a significant consideration in contract award. Information will be kept confidential only to the extent allowed by Public Disclosure Law.

3.10 Questions and Communication via Designated Contact: All communications and/or questions in regard to this request must be in writing. Questions must be submitted by the date indicated in Section #3.1. Bidders are encouraged to email questions to the Purchasing Office at Isaiah.Casem@cwu.edu. and reference the RFP number found on the cover page of this solicitation.

Under no circumstances should respondents contact University personnel outside of the opportunity provided herein.

3.11 Deadline for Submitting Questions: Questions must be received no later than the date and local Ellensburg time identified in Section #3.1 of these instructions. The University will provide a copy of all respondents' questions and corresponding University responses to all those holding specifications. VERBAL REQUESTS FOR INFORMATION OR

CLARIFICATION WILL NOT BE HONORED.

3.12 Submitting Responses: Respondents must submit their responses to the Central Washington University Purchasing Office by Email. Emailed responses must use University forms where provided and should be formatted for 8.5 x 11 paper, signed, and saved and submitted as PDF documents.

Regardless of the method of delivery, the response must arrive at the Purchasing Office no later than the date and local Ellensburg time identified in Section #3.1 (Applicable Dates) of these instructions. Late responses will not be reviewed. The method of delivery will be at the discretion of the respondent and will be at the respondent’s sole risk to assure delivery at the designated office. Generally, UPS and Federal Express deliver daily to the Purchasing Office. The University does not take responsibility for any problems in the mail or delivery services, either within or outside the University.

Receipt by any other office or mailroom is not equivalent to receipt by the Purchasing Office.

If delivery is by email to:

Isaiah.Casem@cwu.edu

Note: All emailed proposals will be confirmed with a return email. It is the bidder’s responsibility to verify that their proposal has been received by the CWU Purchasing Office.

3.13 Late Responses: Any response received after the date and hour specified in Section #3.1 will not be reviewed.

3.14 Public Opening: : A formal bid opening will not be held. Bid information, including price sheets, will not be available for public disclosure until after award of the contract.

3.15 Clarification of Responses: As part of the evaluation process, respondents may be asked to clarify specific points in their response and make themselves available for a telephone interview or campus interview as desired. However, under no circumstances will respondents be allowed to make any changes to their responses after the deadline for submission.

3.16 Reserved Rights: Subject to the provisions of Chapter 69, Laws of 1996 (SSB 6572), the State reserves the right to:

1. Waive any informality as per WAC 236-48-124.

2. Reject any or all proposals, or portions thereof. WAC 236-48-094 allows the state to "accept any portion of the items proposed" unless the bidder stipulates all or nothing on the proposal.

3. Reissue an IFB, RFQ, or RFP, or negotiate under provisions outlined under RCW 43.19.1911.

4. Award on an all or none basis, taking into consideration reduction in administrative costs as well as unit proposal prices.

3.17 Invoicing: The original and one copy of each invoice must be sent to Central Washington University; Accounts Payable; 400 E University Way; Ellensburg, WA 98926- 7470. Electronic invoices can be sent to AccountsPayable@cwu.edu. All invoices must reference the correct Central Washington University purchase order number.

3.18 Insurance: Contractor will procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, or the Contractor’s agents, representatives, employees or subcontractors.

A. Minimum Scope and Limit of Insurance: Coverage will be at least as broad as:

mailto:AccountsPayable@cwu.edu

1. Commercial General Liability (CGL) will be on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit will apply separately to this project/location or the general aggregate limit will be twice the required occurrence limit.

2. Automobile Liability will have no less than $1,000,000 combined single limit per accident for bodily injury and property damage.

3. Workers’ Compensation will be with Statutory Limits and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease. (Not required if Contractor provides written verification it has no employees)

4. Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limits no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

5. Cyber Liability, if applicable, will include Technology Errors and Omissions, Cyber- Risk and Privacy Liability covering liabilities for financial loss resulting or arising from acts, errors or omissions in rendering services, or from data damage/destruction/corruption, including without limitation, failure to protect privacy, unauthorized access, unauthorized use, virus transmission, denial of service and loss of income from network security failures in connection with the services provided, with a minimum limits of $2,000,000 per occurrence or claim and $4,000,000 aggregate.

B. Higher Limits: If the Contractor maintains higher limits than the minimums shown above, CWU requires and will be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage will be available to CWU.

C. Additional Insured Status: The State of Washington, Central Washington University (CWU), its Trustees, officers, employees and volunteers are to be covered as additional insureds on all general liability, excess, umbrella, and property as well as the auto policy with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. This is evidenced on the Certificates of Insurance as well as a copy of an endorsement to the Contractor’s insurance.

D. Primary Coverage: For any claims related to the Contract, the Contractor’s insurance coverage will be primary insurance as respects to the State of Washington, CWU, its Trustees, officers, employees and volunteers. Any insurance or self-insurance maintained by The State of Washington, CWU, its Trustees, officers, employees and volunteers will be excess of the Contractor’s insurance and will not contribute with it.

E. Exclusion from CWU Insurance Coverage: The Contractor agrees and acknowledges that it and any of its employees, agents, subcontractors providing service to CWU are 1) independent contractors; 2) are not employees, agents or representatives of CWU; and 3) are not controlled or supervised by CWU, and therefore, are specifically excluded from any coverage under any insurance policy of CWU.

F. Notice of Cancellation: Each insurance policy required above will provide that coverage will not be canceled, except after a thirty (30) day notice to CWU.

G. Waiver of Subrogation: Contractor must grant to CWU a waiver of any right to subrogation which any insurer of said Contractor may acquire against CWU by virtue of the payment of any loss under such insurance. Contractor must agree to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CWU has received a waiver of subrogation endorsement from the insurer.

H. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by CWU. CWU may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

I. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M.

Best’s rating of no less than A: VII, unless otherwise acceptable to Risk Management.

J. Claims Made Policies: If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the Contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work.

3. If coverage is canceled or non-renewed and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the contract work.

K. Subcontractors: Contractor will require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor will ensure that CWU is an additional insured on insurance required from subcontractors.

L. Verification of Coverage: Contractor will furnish CWU with original Certificates of Insurance and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by before work commences. However, failure to obtain the required documents prior to the work beginning will not waive the Contractor’s obligation to provide them. CWU reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

3.20 Debriefing Conference and Protest Procedure: All vendors who have submitted proposals in accordance with this RFP shall be provided a “Notice of Intent to Award” upon completion of the final evaluations by the University. The following process for protest and debriefing is available to vendors who have submitted a proposal in accordance with this RFP.

3.19.1 Optional Vendor Debriefing: Vendors who have submitted a proposal in accordance with this RFP may request an optional debriefing conference to discuss the evaluation of their response. The request must be made in writing within five business days from receipt of the “Notice of Intent to Award”. Requests are to be made to the University contact person as identified in Section #3.10 of the RFP instructions. Vendors must be available to attend the debriefing conference held in Ellensburg, Washington within 5 days of the request.

The debriefing will not include any comparisons between the vendors response and any other responses submitted; however, the University will attempt to address all questions and concerns in this debriefing.

3.19.2 Protest Procedure: Protests may be made after the agency conducting the acquisition has announced the apparently successful vendor and after the protesting vendor has had a debriefing conference with that agency. Protests may be made on only these grounds:

Arithmetic errors were made in computing the score.

The agency failed to follow procedures established in the solicitation document, the IT Investment Policy, the IT Investment Standards, or applicable State or Federal laws or regulations.

There was bias, discrimination, or conflict of interest on the part of an evaluator.

Protests are always initially made to the buyer conducting the acquisition. A person authorized to bind the vendor to a contractual relationship must sign the protest letter.

The buyer must receive the written protest within five (5) business days after the debriefing conference.

Individuals not involved in the protested acquisition will objectively review the written protest material submitted by the vendor and all other relevant facts known to the agency. The agency must deliver its written decision to the protesting vendor within five business days after receiving the protest, unless more time is needed. The protesting vendor will be notified if additional time is necessary.

If the protesting vendor is not satisfied with the agency’s decision, it may appeal.

Appeal is made to the agency.

Written notice of appeal to agency must be received by agency within five (5) business days after the vendor receives notification of the agency's decision.

In conducting its review, agency will consider all available relevant facts. Agency will resolve the appeal in one of the following ways:

Find that the protest lacks merit and uphold the agency's action.

Find only technical or harmless errors in the agency's acquisition process, determining the agency to be in substantial compliance, and rejecting the protest; or

Find merit in the protest and provide options to the agency, including:

Correcting errors and reevaluating all proposals;

Reissuing the solicitation document; or Making other findings and determining other courses of action as appropriate.

The agency will issue a written decision within five (5) business days after receipt of the notice of appeal, unless more time is needed. The protesting vendor will be notified if additional time is necessary. The agency’s determination is final; no further administrative appeal is available.

Form and Content: A written protest must contain the facts and arguments upon which the protest is based and must be signed by a person authorized to bind the vendor to a contractual relationship. At a minimum, this must include:

The name of the protesting vendor, its mailing address and phone number, and the name of the individual responsible for submission of the protest.

Information about the acquisition and the acquisition method and name of the issuing agency.

Specific and complete statement of the agency action(s) protested.

Specific reference to the grounds for the protest.

Description of the relief or corrective action requested.

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SECTION #4 SCOPE OF WORK AND SPECIFICATIONS

4.1 Scope of Work:

The University seeks to contract with one or more qualified vendor(s) for the purchase of high quality, timely, and cost-effective services. The University is interested in services such as, but not limited to:

• Apply standards established by university policy, federal and state law regarding discrimination and workplace behaviors.

• Examining employee behavior in comparison to university policy and procedures and determine the level of adherence.

• Having knowledge of the higher education milieu, understanding of the complexity of university administrative structure and culture, and the nuance of relationships between administrators and executives are important to conducting a thorough and relevant investigation.

Vendors are encouraged to display creativity in their response by including value added options to enhance the offer to the University.

The University reserves the right to negotiate with the successful vendor(s) to contract for other associated services. The University also reserves the right to award multiple contracts.

SECTION #5 REQUIRED RESPONSES OF ALL BIDDERS

Vendors are required to respond to each of the items detailed in this section. Responses should be formatted to correspond numerically to the items listed. Vendors should have their company name on each page. Please also include any information that has not been addressed in the questions that may be pertinent to this project.

NOTE: Failure to respond to all items in this section may be deemed sufficient reason to disregard any response. Please provide responses in sequential, numerical order as listed below.

ON SEPARATE COMPANY LETTERHEAD, BIDDERS MUST RESPOND TO AND/OR

PROVIDE THE FOLLOWING:

5.1 Company Profile: (15 Points)

Describe your organization including size, length of time in industry, areas of specialization and expertise, client base, and any other pertinent information in such a manner that the evaluation committee may reasonably formulate a determination about the stability and strengths of your organization.

5.2 Services Description: (40 Points)

Describe in detail how your service meets the needs of the University.

5.3 Diversity Plan: (10 Points)

Provide information on your firm’s diversity plan (see Appendix D).

5.4 References: (20 Points)

Provide a list of at least three (3) contracts of a comparable size and scope. Include a brief description of the project, the date completed, the name of contact person(s) directly involved in the project along with an e-mail address and phone numbers.

5.5 Costs Scenarios: (15 Points)

Identify all costs (hourly rate) to be charged for performing the tasks necessary to accomplish the deliverables as stated herein.

Vendors may submit as many cost scenarios as desired. For each cost scenario, include related assumptions and explanatory comments. Summarize the costs and attach all detail necessary to support the summarized costs. Note: Costs proposals must be all‐inclusive, including any travel or related expenses. No other monies will be paid for items omitted by the vendor.

SECTION #6: PROPOSAL AWARD CRITERIA

6.1 Selection Criteria: The following criteria will be used to evaluate the proposals received:

6.1.1 Demonstrated understanding of and commitment to customer service and communication.

6.1.2 The experience and level of commitment of the firm and/or proposed key individual(s).

6.1.3 Accessibility of key individual(s).

6.1.4 Responsiveness of the written proposal to the purpose and scope of service.

6.1.5 Ability and history of successfully completing contracts of this type, meeting project deadlines and experience in similar work.

6.1.6 All costs, fees, and other expenses associated with the project.

6.1.7 Any other relevant factors.

6.2 Lowest Responsive Bidder: In determining the “lowest responsive bidder” as per RCW 43.19.1911, the following items shall also be given consideration:

6.2.1 The quality of the articles proposed to be supplied, their conformity with specifications, the purposes for which required and the times of delivery.

6.2.2 The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

6.2.3 The character, integrity, reputations, judgment, experience, and efficiency of the bidder;

6.2.4 Whether the bidder can perform the contract within the timeframe specified;

6.2.5 The quality of performance on previous contracts or services;

6.2.6 The previous and existing compliance by the bidder with laws relating to the contract or services;

6.2.7 Such other information as may be secured having a bearing on the decision to award the contract such as life cycle costing.

6.3 Scoring Responses: Responses will be scored on a point basis with a total of 100 points possible. Responses will be evaluated by a committee consisting of personnel from various CWU departments: Human Resources, Office of the Provost, Office of the Senior VP for Finance and Administration, and the President’s Office.

CENTRAL WASHINGTON UNIVERSITY

REQUEST FOR PROPOSAL 24-004

APPENDIX A

FORM OF CONTRACT

STANDARD AGREEMENT

This CENTRAL WASHINGTON UNIVERSITY STANDARD AGREEMENT (“Agreement”) is entered into by and between Central Washington University, 400 East University Way, Ellensburg, WA 98926 (“CWU”), and <<Contractor Name and Address>> (“Contractor”). The parties and purpose of this Agreement are further described in the recitals hereof.

I. RECITALS

1.1 CWU. CWU is a public institution of higher education established by the State of Washington with its principal place of business located in Ellensburg, Washington. CWU desires to acquire the goods and/or services herein described for the purposes stated in Paragraph 1.3 hereof.

1.2 Contractor. Contractor is <<description of Contractor’s type of business>>, whose principal place of business is located in <<city, state>>. Contractor desires to provide the goods and/or services herein described for the purposes stated in Paragraph 1.3 hereof.

1.3 Purpose. The purpose of this Agreement is __________________________.

For and in consideration of the foregoing recitals, and in consideration of the payments or other covenants and mutual agreements herein provided, the parties hereby agree as follows.

II. OBLIGATIONS OF THE PARTIES

2.1 Contractor’s Obligations.

(a) Contractor agrees to provide the following described goods and/or services:

<<describe the goods/services to be provided; include all applicable dates/deadlines>>. All of Contractor’s obligations under this Agreement will be completed no later than <<date>>.

(b) If the beneficiary of payment under this Agreement is not a U.S. Citizen or U.S.

Permanent Resident Alien, Contractor must consult with a Nonresident Alien Tax Specialist in CWU’s Payroll Office (509-963-2221) prior to commencing the performance of Contractor’s obligations hereunder. Contractor certifies that the beneficiary of payment: (initial one) _____ IS _____ IS NOT a U.S. Citizen or U.S. Permanent Resident Alien.

2.2 CWU’s Obligations. Upon delivery of the specified goods and/or completion of the specified services, and within thirty (30) days of receiving Contractor’s itemized invoice, CWU agrees to pay the following amount(s), exclusive of applicable taxes: $_________. Unless otherwise provided herein, Contractor shall be solely responsible for Contractor’s travel and related expenses.

III. CONTRACT TERM, TERMINATION, DISPUTES

3.1 Term. This Agreement shall become effective when signed by the parties and shall terminate upon the full performance of their mutual obligations hereunder, unless extended by mutual written agreement.

3.2 Termination.

(a) This Agreement may be terminated at any time by mutual written agreement of the parties.

(b) CWU, by giving written notice, may terminate this Agreement at any time without cause and without further obligation to Contractor except for payment due for goods provided or services rendered prior to the effective date of termination.

(c) The Agreement may be terminated by either party for a material breach by the other party of that party’s obligation(s) hereunder. In the event of breach, the aggrieved party must provide written notice to the breaching party and allow fifteen (15) days to cure. If the breach cannot be cured within that time or such longer time as deemed reasonable by the aggrieved party, the Agreement may be terminated immediately by written notice of the aggrieved party. Termination for breach shall not be deemed to limit any of the terminating party’s contractual remedies as against the breaching party.

(d) Termination of this Agreement by any means provided herein shall not excuse any party’s performance of its obligations hereunder through the effective date of termination, except that CWU shall not be obligated to pay for goods that have not been delivered or services that have not been performed.

3.3 Disputes. Any dispute between the parties arising under or relating to this Agreement shall be resolved informally if possible, but if the parties cannot so resolve their differences, then arbitration shall provide the sole and exclusive remedy for resolving the contract dispute. The parties shall jointly select one arbitrator acceptable to both parties. If the parties cannot agree on an arbitrator, the Yakima Dispute Resolution Center shall be requested to choose an arbitrator. The fees and expenses of the arbitrator shall be shared equally by both parties to this Agreement, and each party shall bear its own costs and attorney fees. Arbitration shall be conducted according to the commercial arbitration procedures of the American Arbitration Association. The arbitrator’s decision or award shall be final and binding on both parties.

IV. GENERAL TERMS AND CONDITIONS

4.1 Assignment. This Agreement shall extend to and be binding upon and inure to the benefit of the successors and assignees of the respective parties. However, this Agreement may not be assigned or subcontracted by either party without the other party’s express written consent.

4.2 Independent Capacity. This Agreement is intended to create an independent contractor relationship. Each party to the Agreement shall act in an independent capacity and not as an agent or representative of the other party. The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be the employees or agents of that party and shall not be considered for any purpose to be the employees or agents of the other party.

4.3 Indemnification. Each party to this Agreement shall be responsible for its own acts or omissions and for those of its directors or trustees, officers, employees, agents, and volunteers.

Neither party shall be responsible to the other party for the acts or omissions of persons or entities not a party to this Agreement.

4.4 Insurance. CWU may require Contractor, prior to the commencement of services, to provide CWU with proof of insurance acceptable to CWU and naming CWU as additional insured. Such proof of insurance, if required, shall be attached to and made part of this

Agreement, and Contractor warrants that such insurance shall remain in effect during the term of this Agreement.

4.5 Non-Discrimination. The parties to this Agreement each agree to comply with applicable federal and state laws prohibiting discrimination in education, employment, or public accommodations based on age, sex, marital status, sexual orientation, race, creed, color, national origin, genetic information, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog or service animal by a person with a disability.

4.6 Records and Audits. The parties recognize that business records created, maintained, or used in the performance of this Agreement may constitute public records subject to the public disclosure and retention requirements under applicable state law. Each party will retain its business records relating to this Agreement for the applicable retention period(s) and will make such records available upon request for inspection and audit by the other party or by authorized representatives of the Washington State Auditor.

4.7 Complete Agreement; Modification. This Agreement constitutes the entire agreement between the parties and supersedes any and all other agreements, understandings, negotiations and discussions, oral or written, express or implied. The parties agree that no other representations, inducements, promises, agreements, or warranties relating to this Agreement, oral or otherwise, have been made to or by them. No modification or waiver of this Agreement shall be valid or binding unless in writing and signed by the parties.

4.8 Governing Law; Venue; Severability. This Agreement shall be governed by the laws of the State of Washington. Venue for any dispute under this Agreement shall be in Kittitas County, Washington. If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invalid provision, if such remainder is consistent with applicable law and with the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable.

4.9 Waiver. The waiver by a party of any default or breach of this Agreement, or the failure of a party to enforce any provision hereof or to exercise any right or privilege hereunder, shall not be deemed to waive any prior or subsequent breach or default, the enforcement of any provision hereof, or the exercise of any right or privilege hereunder, unless otherwise stated in a writing signed by an authorized representative of the party and attached to the original Agreement.

4.10 Notices. Written notices required or permitted to be provided by a party to the other party under this Agreement may be provided by personal delivery, legal courier service, or certified mail, postage prepaid and return receipt requested. Notice may be provided by regular first class mail if simultaneous notice is provided by electronic mail. Notices will be sent to the parties at the following mailing addresses:

Central Washington University ________________________ 400 East University Way ________________________ Ellensburg, WA 98926-7480 ________________________

The address of a party for the receipt of notice may be changed at any time by written notice provided in accordance herewith.

4.11 Contract Administration. The contract administrator and principal point of contact for each party to this Agreement shall be as follows, subject to change by written notice.

(a) The Contract Administrator for CWU will be <<name, title, phone, email>>.

(b) The Contract Administrator for Contractor will be <<name, title, phone, email>>.

IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties through their authorized representatives, effective as of the latest date written below.

CENTRAL WASHINGTON UNIVERSITY CONTRACTOR

Signature Date Signature Date

Name Name Title Title

APPENDIX B

TERMS AND CONDITIONS OF ANY SUBSEQUENT AGREEMENT WITH

OTHER WASHINGTON INSTITUTIONS OF PUBLIC HIGHER

EDUCATION (WIPHE) COOPERATIVE MEMBERS

Appe…