2405 RFQQ Fish Monitoring.pdf

NOTICE OF BID OPPORTUNITY

Competitive Solicitation RCO RFQQ 2405

Fish Monitoring

COMPETITIVE SOLICITATION POSTING: RCO RFQQ 2405

DEADLINE FOR SUBMITTING BIDS: October 25, 2024 4:00 p.m., PST CONTRACT PERIOD: January 1, 2025 – December 31, 2025 Solicitation documents: Find the full solicitation on Washington’s Electronic Business Solution (WEBS). The solicitation is also available at the agency web site: Employment and Contracts - RCO (wa.gov). Vendors not registered in WEBS will not receive updates or amendments to the solicitation, which could disadvantage your bid.

Contract location: Statewide

Contract value: $85,000

Contract description: The Recreation and Conservation Office (RCO) is requesting qualifications and quotations from experienced consultants to complete an inventory of fish monitoring in Washington State using the viable salmonid population parameter (VSP) framework (abundance, productivity, spatial structure, and diversity). The consultant will provide RCO with information collected on the status of fish monitoring data and efforts across the state.

Commodity codes: 958-97 Wildlife/Fish Management Services (Including Endangered Species and Wildlife Census) and 958-40 Fishery Management Services (Including Data Collection, Research and Experimentation, Resources Protection, etc.)

Preference/priority Award: Executive Order 22-01 Solicitation Coordinator: Submit questions or concerns about this solicitation in writing to the Solicitation Coordinator: Eric Tompkins, eric.tompkins@rco.wa.gov

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Qualifications and Quotations September 25, 2024

Question and Answer Period September 25 – October 7, 2024

Issue addendum to RFQQ (if applicable) October 9, 2024

Deadline for receiving complaints October 18, 2024

Proposals due October 25, 2024 4:00 p.m. PST

Evaluate proposals and Conduct Interviews October 25 – October 29, 2024

Announce “Apparent Successful Bidder” and send notification via e-mail to unsuccessful proposers

October 30, 2024

Debrief/Protest Period October 31 – Nov 8, 2024

Issue Contract November 18, 2024 https://pr-webs-vendor.des.wa.gov/ https://pr-webs-vendor.des.wa.gov/ https://rco.wa.gov/about-us/employment-and-contracts/ https://rco.wa.gov/about-us/employment-and-contracts/ mailto:eric.tompkins@rco.wa.gov

RFQQ 2405

Contents

1. INTRODUCTION

1.1 BACKGROUND AND PURPOSE

1.2 OBJECTIVES AND SCOPE OF WORK

1.3 TYPES OF WORK PRODUCTS

1.4 MINIMUM QUALIFICATIONS

1.5 FUNDING AND COMPENSATION

1.6 FUNDING SOURCE

1.7 PERIOD OF PERFORMANCE

1.8 OPTION TO EXTEND PERIOD OF PERFORMANCE

1.9 AWARD TO SMALL OR VETERAN OWNED BUSINESS

1.10 DEFINITIONS

1.11 AMERICANS WITH DISABILITIES ACT

2. GENERAL INFORMATION FOR CONSULTANTS

2.1 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

2.2 COMPLAINT PROCEDURE

2.3 SUBMISSION OF PROPOSALS

2.4 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.5 REVISIONS TO THE RFQQ

2.6 MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION

2.7 SUBCONTRACTOR PARTICIPATION MONITORING AND REPORTING

2.8 ACCEPTANCE PERIOD

2.9 RESPONSIVENESS

2.10 MOST FAVORABLE TERMS

2.11 CONTRACT AND GENERAL TERMS & CONDITIONS

2.12 COSTS TO PROPOSE

2.13 NO OBLIGATION TO CONTRACT

2.14 REJECTION OF PROPOSALS

2.15 OPTION TO AWARD TO OTHER RESPONSIVE BIDDERS

2.16 COMMITMENT OF FUNDS

2.17 INSURANCE COVERAGE

3. PROPOSAL CONTENTS

3.1 LETTER OF SUBMITTAL

3.2 QUALIFICATIONS SECTION

3.3 QUOTATIONS SECTION

4. EVALUATION AND CONTRACT AWARD

4.1 EVALUATION PROCEDURE

4.2 EVALUATION WEIGHTING AND SCORING

4.3 INTERVIEWS MAY BE REQUIRED

4.4 NOTIFICATION TO PROPOSERS

4.5 DEBRIEFING OF UNSUCCESSFUL PROPOSERS

4.6 PROTEST PROCEDURE

EXHIBIT A

EXHIBIT B

EXHIBIT C

EXHIBIT D

1. INTRODUCTION

1.1 BACKGROUND AND PURPOSE

Background: The Salmon Recovery Funding Board (SRFB) was established by the Washington state legislature in 1999. Its mission is to support salmon recovery by funding habitat protection and restoration projects, and related programs and activities, such as monitoring efforts, that produce sustainable and measurable benefits for fish and their habitat. Recently funded monitoring efforts have included regional monitoring projects, intensively monitored watersheds (IMWs), remote sensing, reach-scale project effectiveness, and other regional monitoring projects the SRFB has deemed appropriate.

Since 2013, the Washington State Recreation and Conservation Office (AGENCY) employs the services of a Science Advisory Panel, consisting of experts in the fields of salmon recovery, natural resources management, and monitoring science to help coordinate and prioritize the ongoing assessment of habitat restoration efforts. The goals of SRFB monitoring are to address the following questions developed by the SRFB and the Governor’s Salmon Recovery Office (GSRO):

• Are restoration treatments having the intended effects on local habitats and their use by salmon?

• Are some treatments more effective than others at achieving specific results?

• How can monitoring results be used to improve the design of future projects?

At the June 15, 2024, meeting the SRFB approved investment of Pacific Coast Salmon Recovery Funds (PCSRF) in an inventory of monitoring efforts across Washington State.

Based on the level of funding approved and the relatively short time available to complete this inventory, the Science Advisory Panel refined the scope of this inventory into two phases, the first being fish monitoring and the second being habitat monitoring. This project is intended to complete the first phase of inventory for fish monitoring efforts.

The Science Advisory Panel recognizes that a large disparity exists across the state, with some areas having a large amount of funding for fish and habitat monitoring, while other areas lack even basic information on the presence, status, and distribution of salmon and steelhead. This disparity leads to a related disparity of information available for salmon conservation and recovery efforts and project development. The goal of this fish monitoring inventory is to identify current fish monitoring efforts and data gaps to inform future monitoring programs, priorities, and funding. Similar efforts by the state to assess monitoring were done in the past and proved useful to directing monitoring efforts.

Purpose: The AGENCY, which serves as the administrative office for the SRFB, is seeking qualifications and quotations (RFQQ) from CONSULTANTS to complete an inventory of fish monitoring in Washington State using the viable salmonid population parameter (VSP) framework (abundance, productivity, spatial structure, and diversity). The VSP framework was selected by the Science Advisory Panel because it provides the foundation for listing and delisting decisions under the federal Endangered Species Act and informs the goals for salmon and steelhead recovery and many conservation plans. Other important monitoring parameters to consider and incorporate if possible include the 2007 NOAA monitoring guidance for salmon and steelhead, the Coordinated Assessment Partnership (CAP) High Level Indicators, and Washington State’s High Level Indicators for Monitoring Salmon Recovery and Watershed Health. The focus on the inventory includes all salmon and steelhead populations included in the State of the Salmon in Watersheds report.

The information collected on the status of fish monitoring data and efforts across the state will be shared with AGENCY sponsors, practitioners, and funders to assist in identifying locations where additional monitoring is needed. The results of this study will inform decisions by the Salmon Recovery Funding Board regarding future investments for monitoring and support AGENCY collaboration and coordination with other monitoring partners.

1.2 OBJECTIVES AND SCOPE OF WORK

The AGENCY intends to award one contract to provide the services described in this

RFQQ.

In consultation with GSRO and the Science Advisory Panel (SAP), the CONTRACTOR will complete a monitoring inventory for salmon and steelhead populations in the state of Washington. The project will include the following tasks:

1. Work with GSRO and the SAP to develop and refine the most appropriate fish monitoring metrics to be inventoried across the state at the population scale and according to the budget and timeline for this project. The CONTRACTOR will also generate a list of what information should be included with the inventory of metrics (e.g. entity, timelines, purpose, notes, etc.).

2. Coordinate closely with state agencies, Tribal governments and organizations, and other monitoring partners to compile existing information and gather new information on the status of monitoring efforts.

3. Consult with SAP members on a regular basis to guide and adapt the project as needed.

4. Provide a table showing the status of fish monitoring metrics at the population level, and including the information identified in step 1.

5. Present results of inventory to SAP, Council of Regions, and Washington Salmon Coalition.

1.3 TYPES OF WORK PRODUCTS

The CONTRACTOR will be expected to provide the following deliverables:

• Brief project plan and timeline.

• Summary of fish monitoring metrics selected for the inventory and rationale for their selection.

• Statewide inventory of salmon and steelhead fish population data metrics summarized in a https://groups.nceas.ucsb.edu/monitoring-kb/dot/references/Adaptive_Mngmnt.pdf/at_download/file https://groups.nceas.ucsb.edu/monitoring-kb/dot/references/Adaptive_Mngmnt.pdf/at_download/file https://www.streamnet.org/cap/current-hli/ https://www.streamnet.org/cap/current-hli/ https://stateofsalmon.wa.gov/about-report/how-we-measure/ https://stateofsalmon.wa.gov/about-report/how-we-measure/ https://stateofsalmon.wa.gov/ table format to be agreed upon with GSRO and Science Advisory Panel (SAP).

• Present information to the SAP, SRFB, and lead entities and council of regions as necessary.

1.4 MINIMUM QUALIFICATIONS

Minimum qualifications include:

• Licensed to do business in the State of Washington or provide a commitment that it will become licensed in Washington within 30 calendar days of being selected as the Apparently Successful Contractor.

• 5 years or more (preferably) of experience working with fish monitoring data.

• A working knowledge of the function, purpose and operation of lead entities and regional organizations, regional salmon recovery plans, and the SRFB.

• A working knowledge of viable salmonid population parameters and high-level indicators.

• Understanding of current salmon monitoring techniques.

• Familiarity with the major watersheds and salmon and steelhead species of Washington

State.

• A proven ability to work collaboratively and effectively with monitoring partners across the state.

• Effective data management and science communication skills.

• High speed internet access and ability to download large files and participate in remote meetings.

Bidders who do not meet these minimum qualifications will be rejected as non-responsive and will not receive further consideration. Any proposal that is rejected as non-responsive will not be evaluated and no score will be assigned.

1.5 FUNDING AND COMPENSATION

The AGENCY has budgeted an amount not to exceed $85,000 for this work. Proposals in excess of $85,000 will be considered non-responsive and will not be evaluated. The CONTRACTOR shall be compensated for professional services on an hourly basis per the rate schedule provided in the proposal. The funding available includes travel costs and will be reimbursed at the current government rates in effect at the time of travel.

Any contract awarded as a result of this procurement is contingent upon the availability of funding. In the event additional funding becomes available, any contract awarded may be negotiated to provide additional related services.

Please be advised that the total proposal cost is scored and refer to Section 4.2 Evaluation Weighting and Scoring.

1.6 FUNDING SOURCE

The funding source for this work is 2020, 2021, and 2022 Pacific Coastal Salmon Recovery Fund (PCSRF).

1.7 PERIOD OF PERFORMANCE

The period of performance resulting from this RFQQ will begin on or about January 1, 2025, and end on December 31, 2025.

1.8 OPTION TO EXTEND PERIOD OF PERFORMANCE

The period of performance may be extended, if necessary, upon mutual agreement between the AGENCY and CONTRACTOR.

1.9 AWARD TO SMALL OR VETERAN OWNED BUSINESS

The AGENCY, in compliance with Governor’s Executive Order 22-01 Equity in Public Contracting and the Department of Enterprise Services (DES), intends to award the contract to the lowest responsive and responsible bid from a small business as defined in RCW 39.26.010(22)(a) or veteran-owned business, unless none of these businesses are responsible and responsive to this solicitation.

Per DES Supplier Diversity Policy, state agencies will “Award competitively procured contracts valued at $150,000 or less to the highest-ranked responsive and responsible small or veteran-owned business, unless there was no responsive and responsible bid from a small or veteran-owned business.”

1.10 DEFINITIONS

Definitions for the purposes of this RFQQ include:

AGENCY – The Recreation and Conservation Office (RCO) is the AGENCY of the State of Washington that is issuing this RFQQ.

CONSULTANT – Individual submitting a proposal in order to attain a contract with the

AGENCY.

CONTRACTOR – Individual whose proposal has been accepted by the AGENCY and is awarded a fully executed, written contract.

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

Request for Qualifications and Quotations (RFQQ) – Formal procurement document in which AGENCY needs are identified and firms are invited to provide their qualifications to deliver such services and their hourly rates.

1.11 AMERICANS WITH DISABILITIES ACT

The AGENCY complies with the Americans with Disabilities Act (ADA). Prospective CONSULTANTS may contact the RFQQ Coordinator to receive this Request for Qualifications and Quotations in an alternative format.

2. GENERAL INFORMATION FOR CONSULTANTS

RFQQ COORDINATOR

The RFQQ Coordinator is the sole point of contact in the AGENCY for this procurement.

All communication between the CONSULTANT and the AGENCY upon receipt of this RFQQ shall be with the RFQQ Coordinator, as follows:

Name Eric Tompkins, Contract Administrator

E-mail eric.tompkins@rco.wa.gov

Phone 360-902-2242

Any other communication will be considered unofficial and non-binding on the AGENCY.

CONSULTANTS are to rely on written statements issued by the RFQQ Coordinator.

Communication directed to parties other than the RFQQ Coordinator may result in disqualification of the CONSULTANT.

2.1 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Qualifications and Quotations September 25, 2024

Question and Answer Period September 25 – October 7, 2024

Issue addendum to RFQQ (if applicable) October 9, 2024

Deadline for receiving complaints October 18, 2024

Proposals due October 25, 2024 4:00 p.m. PST

Evaluate proposals and Conduct Interviews October 25 – October 29, 2024

Announce “Apparent Successful Bidder” and send notification via e-mail to unsuccessful proposers

October 30, 2024

Debrief/Protest Period October 31 – Nov 8, 2024

Issue Contract November 18, 2024

2.2 COMPLAINT PROCEDURE

The complaint process is available to CONSULTANTS interested in this solicitation. The complaint process allows CONSULTANTS to focus on the solicitation requirements and evaluation process and raise issues with these processes early enough in the process to allow the AGENCY to correct a problem before proposals are submitted and time expended on evaluations.

A CONSULTANT may submit a complaint based on any of the following:

• The solicitation unnecessarily restricts competition;

• The solicitation evaluation or score process is unfair or flawed; or

• The solicitation requirements are inadequate or insufficient to prepare a response.

CONSULTANTS may submit complaints up to five business days prior to the proposal due date noted in the Estimated Schedule of Procurement Activities. However, CONSULTANTS are encouraged to submit complaints as soon as possible so the AGENCY can rectify the issue(s) early in the process. Complaints must be submitted to the RFQQ Coordinator. In order to be considered a valid complaint, the complaint must meet the following requirements:

• Must be in writing.

• Must be sent to the procurement coordinator in a timely manner.

• Should clearly articulate the basis for the complaint.

• Should include a proposed remedy.

Complaints not received by the deadline noted in the Estimated Schedule of Procurement Activities will not be reviewed by the AGENCY.

The AGENCY Contracts Administrator or an employee delegated by the Contracts Administrator will review valid complaints and respond to the submitter in writing. The response, and any changes to the solicitation, will be posted to WEBS prior to the proposal due date. Any complaint addressed during the complaint process cannot be raised during the protest process.

2.3 SUBMISSION OF PROPOSALS

E-Mail Submittal Only CONSULTANTS are required to submit an electronic copy in PDF format of their proposal to Eric Tompkins, at eric.tompkins@rco.wa.gov. The proposal must be attached to an email and arrive at the AGENCY no later than 4:00 p.m. PST on Friday, October 25, 2024.

CONSULTANTS that submit proposals will receive a confirmation email response from the RFQQ Coordinator confirming receipt by the close of the day proposals are due. If a CONSULTANT does not receive a confirmation email after submitting a proposal, there was an issue with receipt and CONSULTANTS must contact the RFQQ Coordinator to arrange submitting their proposals. The AGENCY is not responsible for proposals where receipt has not been confirmed.

CONSULTANTS should allow sufficient time to ensure timely receipt of the proposal by the RFQQ Coordinator. Late proposals will not be accepted and will be automatically disqualified from further consideration, unless the AGENCY’S e-mail is found to be at fault.

All proposals and any accompanying documentation become the property of the AGENCY and will not be returned.

Proposals may NOT be transmitted in hard copy or through fax transmission.

2.4 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Materials submitted in response to this competitive procurement shall become the property of the AGENCY.

All proposals received shall remain confidential until the contract(s), if any, resulting from this RFQQ is signed by the Director or designee of the AGENCY and the Apparent Successful Contractor; thereafter, the proposals shall be deemed public records as defined in RCW 42.56, “Public Records.”

Any information in the proposal that the CONSULTANT desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56.270 must be clearly designated.

The page must be identified and the particular exception from disclosure upon which the mailto:eric.tompkins@rco.wa.gov

CONSULTANT is making the claim. Each page claimed to be exempt from disclosure must be clearly identified by the word “Confidential” printed on the lower right-hand corner of the page.

The AGENCY will consider a CONSULTANT’s request for exemption from disclosure;

however, the AGENCY will decide predicated upon Chapter 42.56 RCW and Chapter 143- 06 of the Washington Administrative Code. Marking the entire proposal exempt from disclosure will not be honored. The CONSULTANT must be reasonable in designating information as confidential. If any information is marked as proprietary in the proposal, such information will not be made available until the affected proposer has been given an opportunity to seek a court injunction against the requested disclosure.

A charge will be made for copying and shipping, as outlined in RCW 42.56.120. No fee shall be charged for inspection of contract files, but 24 hours’ notice to the RFQQ Coordinator is required. All requests for information should be directed to the RFQQ Coordinator.

2.5 REVISIONS TO THE RFQQ

In the event it becomes necessary to revise any part of this RFQQ, addenda will be provided via e-mail to all individuals who made the RFQQ Coordinator aware of their interest. Addenda will also be published on Washington’s Electronic Business Solution (WEBS) for all who downloaded the RFQQ from that site.

If you downloaded this RFQQ from the AGENCY Website located at https://rco.wa.gov/about-us/employment-and-contracts/, you are responsible for sending your name, e-mail address, and telephone number to the RFQQ Coordinator in order for your organization to receive any RFQQ addenda.

The AGENCY also reserves the right to cancel or to reissue the RFQQ, in whole or in part, prior to execution of a contract.

2.6 MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION

In accordance with the legislative findings and policies set forth in chapter 39.19 RCW, the state of Washington encourages participation in its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE) and/or the Department of Veterans Affairs (DVA). Participation may be either on a direct basis in response to this solicitation or on a subconsultant basis.

The established annual procurement participation goals for this type of project are: Ten percent (10%) minority-owned business certified by OMWBE; ten percent (10%) women-owned businesses certified by OMWBE; twenty-five percent (25%) small business and five percent (5%) veteran-owned business. These goals are voluntary. CONSULTANTS may contact OMWBE by phone at (360) 664-9750 and DVA at 800-562-2308 to obtain information on becoming a certified firm.

2.7 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 https://rco.wa.gov/about-us/employment-and-contracts/

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

2.8 ACCEPTANCE PERIOD

Proposals must provide 60 days for acceptance by the AGENCY from the due date for receipt of proposals.

2.9 RESPONSIVENESS

All proposals will be reviewed by the RFQQ Coordinator to determine compliance with administrative requirements and instructions specified in this RFQQ. The CONSULTANT is specifically notified that failure to comply with any part of the RFQQ may result in rejection of the proposal as non-responsive.

The AGENCY also reserves the right, however, at its sole discretion to waive minor administrative irregularities.

2.10 MOST FAVORABLE TERMS

The AGENCY reserves the right to make its award(s) without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms, which the CONSULTANT can propose. The AGENCY does reserve the right to contact a CONSULTANT for clarification of its proposal.

The CONSULTANT should be prepared to accept this RFQQ for incorporation into a contract resulting from this RFQQ. Contract negotiations may incorporate some or the CONSULTANT’S entire proposal. It is understood that the proposal will become a part of the official procurement file on this matter without obligation to the AGENCY.

2.11 CONTRACT AND GENERAL TERMS & CONDITIONS

The Apparent Successful Bidder will be expected to enter into a contract, which is substantially the same as the contract and general terms and conditions described in Exhibit D. In no event is a CONSULTANT to submit its own standard contract terms and conditions in response to this solicitation. The CONSULTANT may submit exceptions as allowed in the Certifications and Assurances section, Exhibit A to this solicitation. The AGENCY will review requested exceptions and accept or reject the same at its sole discretion.

2.12 COSTS TO PROPOSE

The AGENCY will not be liable for any costs incurred by the CONSULTANT in preparation of a proposal submitted in response to this RFQQ, in conduct of a presentation, or any other activities related to responding to this RFQQ.

2.13 NO OBLIGATION TO CONTRACT

This RFQQ does not obligate the State of Washington or the AGENCY to contract for services specified herein.

2.14 REJECTION OF PROPOSALS

The AGENCY reserves the right at its sole discretion to reject any and all proposals received without penalty and not to issue a contract as a result of this RFQQ.

2.15 OPTION TO AWARD TO OTHER RESPONSIVE BIDDERS

If a CONTRACTOR is unable to fulfill the necessary duties of this contract, the AGENCY reserves the right to award to a second or third place responsive bidder whose bid fell within funding constraints.

2.16 COMMITMENT OF FUNDS

The Director of the AGENCY or her delegate is the only individual who may legally commit the AGENCY to the expenditures of funds for a contract resulting from this RFQQ. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

2.17 INSURANCE COVERAGE

The CONTRACTOR shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the State should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the CONTRACTOR or subcontractor, or agents of either, while performing under the terms of this Contract.

The CONTRACTOR shall provide insurance coverage, which shall be maintained in full force and effect during the term of the Contract, as follows:

1. Insurance Required

Prior to commencement of any activity under the Contract, the CONTRACTOR, at the CONTRACTOR’s sole expense, shall obtain and maintain in full force and effect during the term of the Contract and during any other period during which the CONTRACTOR is acting pursuant to the Contract, the insurance coverages set forth herein on CONTRACTOR’s operations and activities.

Failures to purchase, maintain, and provide evidence of the required insurance shall constitute material default.

a. Insurer. The CONTRACTOR shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the State of Washington and having a rating of A- Class VII or better, in the most recently published edition of Best’s Reports.

b. Evidence of Coverage. The CONTRACTOR shall furnish to AGENCY copies of certificates and endorsements of all required insurance within thirty calendar days of the Contract’s effective date, and copies of renewal certificates and endorsements of all required insurance within thirty calendar days after the renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this exhibit.

Such policies also shall reference the Contract number.

c. Advance Notice of Revocation. Such policies shall have a condition that they not be revoked by the insurer until thirty calendar days after notice of intended revocation thereof shall have been given to the AGENCY by the insurer.

d. Cancellation. In the event of cancellation, non-renewal, revocation, or other termination of any insurance coverage required by the Contract, the CONTRACTOR shall provide written notice of such to the AGENCY within one business day of the CONTRACTOR’s receipt of such notice.

e. Additional Insured. With the exception of the Professional Liability, Automobile Liability, and Workers Compensation coverages, the AGENCY shall be named as an Additional Insured and the CONTRACTOR shall provide a copy of the policy endorsement(s) designating the AGENCY as an additional named insured.

f. Primary Insurance. All insurance provided by the CONTRACTOR shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the AGENCY and shall include a severability of interests (cross-liability) provision.

g. Subcontractors. The CONTRACTOR shall include all subcontractors as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each subcontractor.

Subcontractor(s) shall comply fully with all insurance requirements stated herein. Failure of subcontractor(s) to comply with insurance requirements does not limit the CONTRACTOR’s liability or responsibility.

h. Contractor’s Liability. By requiring insurance herein, the AGENCY does not represent that coverage and limits will be adequate to protect CONTRACTOR. Such coverage and limits shall not limit CONTRACTOR’s liability under this Contract.

2. Insurance Coverage: Minimum Acceptable Insurance Policy Limits In addition to automobile liability insurance and general liability insurance required on all AGENCY contracts, and Industrial Insurance coverage required by law (Title 51), one or more of the following insurance coverages may apply. The minimum acceptable limits shall be as stated below, with no deductible for each of the following categories:

a. Commercial General Liability Insurance (including Employers Liability Coverage). Coverage form shall be equivalent to form CG00001. GL limits of liability shall be least $1,000,000 per occurrence and $2,000,000 annual aggregate. Employers Liability limits shall be Bodily Injury by Accident: $1,000,000 each accident/Bodily Injury by Disease:

$1,000,000 policy limit/Bodily Injury by Disease: $1,000,000 each employee.

b. Automobile Liability Insurance. This Insurance shall apply to all owned, non-owned, and hired vehicles. Limits of liability shall not be less than $1,000,000 combined single limit per accident.

c. Property Insurance. The CONTRACTOR shall provide evidence of “All- Risk” property insurance including coverage for Earthquake and Flood for all locations where State of Washington data is held. This coverage shall include all Computer Property. This insurance shall also include coverage for Business Interruption and Extra Expense that extends to the loss of Computer Property.

Limits shall be declared and subject to review and approval by the state of Washington.

d. Umbrella Policy. Providing excess limits over the primary policies in an amount not less than $3 million.

e. Workers’ Compensation or Industrial Accident Insurance. Statutory Workers Compensation insurance for all employees.

f. Cyber Liability Insurance. Limits of liability shall not be less than $5,000,000 per claim for First and Third Party coverage. CONTRACTORs who offer a Software-as-a-Service type solution will be required to provide Cyber Liability Insurance sufficient to cover the costs of a potential data security breach involving all SaaS customer’s data at any CONTRACTOR location or downstream CONTRACTOR location.

g. Professional Liability (Errors and Omissions) Insurance. Limits of liability shall not be less than $400,000 per claim and $400,000 annual aggregate.

h. Crime Insurance. To cover computer fraud and/or misuse of Purchaser’s data by the CONTRACTOR’s personnel or agents. Limits of liability shall not be less than $1,000,000 per claim.

3. PROPOSAL CONTENTS

Proposals must be submitted by e-mail to the RFQQ Coordinator, at the e-mail address in Section 2.1. Proposals are due Friday, October 25, 2024 by 4:00 p.m. PST. Proposal PDFs must be labeled with the naming convention: “RFQQ 2405 Organization Name”

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

1. LETTER OF SUBMITTAL

2. QUALIFICATIONS

A. Business Information (refer to 3.2 A below)

B. OMWBE Certification (if applicable) C. References

3. EXHIBIT A – CERTIFICATIONS AND ASSURANCES

4. EXHIBIT B – WORKERS’ RIGHTS CERTIFICATION

5. EXHIBIT C – PROPOSER QUESTIONNAIRE

Proposals must provide information in the same order as presented in this document with the same headings. This will not only be helpful to the evaluators of the proposal, but should assist the CONSULTANT in preparing a thorough response.

Items in this section must be included as part of the proposal contents for the proposal to be considered responsive.

3.1 LETTER OF SUBMITTAL

The Letter of Submittal, Qualifications, Certifications and Assurances form (Exhibit A) and Vendor Certification of Workers’ Rights (Exhibit B) must be signed and dated by a person authorized to legally bind the CONSULTANT to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Include these forms with the Letter of Submittal.

3.2 QUALIFICATIONS SECTION

The services to be provided resulting in a contract from this RFQQ are outlined in Section

1.1 Background and Purpose, Section 1.2 Types of Services, and Section 1.3 Types of Work Products.

The Qualifications section of the application must contain information that will demonstrate the applicant’s understanding of the types of services proposed, the applicant’s ability to accomplish them, and the ability to meet tight timeframes to the evaluation panel.

A. BUSINESS INFORMATION (MANDATORY)

1. State the name of the CONSULTANT, address, phone number, e- mail address, legal status of entity (ownership) and year entity was established as it now substantially exists.

2. Provide the CONSULTANT’s Federal Employer Tax Identification number, the Washington Uniform Business Identification (UBI) number issued by the State of Washington Department of Revenue, and Statewide vendor number issued by the Washington State Office of Financial Management (if available).

3. Identify any State employees or former State employees employed by the CONSULTANT as of the date of the proposal. Include their position and responsibilities with the CONSULTANT. If following a review of this information, it is determined by the AGENCY that a conflict of interest exists; the CONSULTANT may be disqualified from further consideration for the award of a contract.

4. If the CONSULTANT was an employee of the State of Washington during the past

24 months, or is currently a Washington State employee, identify the individual by name, the agency previously or currently employed by, job title or position held and separation date.

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

6. Submit full details of the terms for default including the other party's name, address, and phone number. Present the CONSULTANT’S position on the matter. The AGENCY will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If no such termination for default has been experienced by the CONSULTANT in the past five years, so indicate.

B. OMWBE CERTIFICATION/SMALL BUSINESS (PASS/FAIL)

• Include proof of certification issued by the Washington State Office of Minority and Women’s Business Enterprises if certified small business or veteran-owned firm

• Please verify if your business meets the definition of a Washington State small business.

"Small business" means an in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that:

(a) Certifies, under penalty of perjury, that it is owned and operated independently from all other businesses and has either:

(i) Fifty or fewer employees; or

(ii) A gross revenue of less than $7,000,000 annually as reported on its federal income tax return or its return filed with the department of revenue over the previous three consecutive years;

• Please note that Executive Order 22-01 and DES Supplier Diversity Policy requires award to a Washington State small or veteran owned business registered with OMWBE.

C. REFERENCES (PASS/FAIL)

• List names, addresses, telephone numbers, and e-mail addresses of at least three business references for which work has been accomplished and briefly describe the type of service provided for them.

• The CONSULTANT must grant permission to the AGENCY to contact the references and others who may have pertinent information. Do not include current AGENCY staff as references.

D. EDUCATION AND TRAINING (SCORED)

• Describe CONSULTANT’s applicable education and training as it relates to the scope of work.

E. EXPERIENCE OF CONSULTANT (SCORED)

• Provide descriptions of 2-3 examples of similar programs or projects that the

CONSULTANT or firm has supported in the past or is presently supporting or conducting. These should clearly state the role of the firm (or current employee, if the example is of work a current employee did in a previous position) and the outcome of their involvement.

• Please limit this section to no more than 1 page per example.

F. COST (SCORED)

• Provide the overall estimated total project cost.

• Provide Title and Hourly Rate of personnel associated with this contract

• These rates shall remain in effect for the remainder of the original period of performance, after which a rate adjustment may be applied through a properly executed amendment, at the mutual agreement of the PARTIES. This adjustment shall not exceed 5%.

• The quotations section must list all hourly rates for services anticipated under the proposed contract. The hourly rates are to represent fully weighted costs. This includes administrative costs, local travel costs, or any other applicable fees that would be charged under this contract.

• Cost scores will be determined by giving the proposal with the lowest total cost the maximum number of cost points allowable. Other cost scores will be distributed weighted to number of applicants relative to the costs submitted.

G. EXECUTIVE ORDER 18-03 COMPLIANCE (SCORED)

• CONSULTANT 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.

3.3 QUOTATIONS SECTION

IDENTIFICATION OF COSTS

CONSULTANTS are required to collect and pay Washington state sales tax, if applicable. The evaluation process is designed to award this procurement not necessarily to the CONSULTANT of least cost, but rather to the CONSULTANT whose proposal best meets the requirements of this RFQQ. CONSULTANTS are encouraged, however, to submit proposals, which are consistent with state government efforts to conserve state resources.

4. EVALUATION AND CONTRACT AWARD

4.1 EVALUATION PROCEDURE

Responsive proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of proposals shall be accomplished by an evaluation team(s), to be designated by the AGENCY, which will determine the ranking of the proposals.

The AGENCY, at its sole discretion, may elect to select the top-scoring firms, or individual, as finalists for an oral presentation.

The RFQQ Coordinator may contact the CONSULTANT for clarification of any portion of the CONSULTANT’s proposal.

An evaluation team will review the written proposals and evaluate all responses received based upon the evaluation criteria listed and may be made based on the proposal and written evaluation criteria alone or the AGENCY, at its sole discretion, may invite the top-scoring CONSULTANT(S) to oral interviews. The AGENCY reserves the right to select and award the contract to a CONSULTANT without conducting an interview based on the CONSULTANT’s score.

AGENCY intends to select the CONSULTANT who presents the most qualified team and begin the negotiation and award process based on the evaluated scores. The Apparent Successful Bidder will be invited to enter into contract negotiations with the AGENCY.

Should the AGENCY and the selected firm not reach a mutual agreement, the AGENCY will terminate negotiations and move to the next highest ranked firm and proceed with negotiations.

The AGENCY reserves the right to accept or reject any or all submitted Proposals and to waive as informalities any irregularities and to contract as the best interest of the AGENCY may require. The AGENCY may reject Proposals that are non-responsive or that are submitted by non-responsible CONSULTANTS.

4.2 EVALUATION WEIGHTING AND SCORING

The following weighting and points will be assigned to the proposal for evaluation purposes:

Evaluation Category Maximum Point Value

Written Proposal Evaluation

Education & Training

Describe CONSULTANT’s applicable education and training as it relates to the scope of work.

Experience Describe experience provided by CONSULTANT that indicate how the CONSULTANT has the experience, qualifications, and ability to provide the services described.

Cost Based on Overall Project Cost 15 Schedule Describe CONSULTANT approach to a timeline related to the scope of work.

EO 18-03 CONSULTANT 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.

Subtotal 100 References CONSULTANT to provide at least three client references. Pass/Fail

The AGENCY reserves the right to award the contract to the CONSULTANT whose proposal is deemed to be in the best interest of the AGENCY and the state of Washington.

4.3 INTERVIEWS MAY BE REQUIRED

The AGENCY may, after evaluating the written proposals, elect to schedule oral presentations with the top three finalists. The AGENCY will contact the top-scoring firms from the written evaluations to schedule a date, time and location. Interviews will be scored focusing on approach. The final average scores of firms in the interview process will determine the Apparent Successful Bidder. Commitments made by the CONSULTANT at the oral interview, if any, will be considered binding.

4.4 NOTIFICATION TO PROPOSERS

The AGENCY will notify the Apparently Successful Bidder of their selection by phone or e-mail upon completion of the evaluation process. Individuals or firms whose proposals were not selected for further negotiation or award will be notified separately by e-mail.

4.5 DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Any CONSULTANT who has submitted a proposal and been notified that they were not selected for contract award may request a debriefing. The request for a debriefing conference must be received by the RFQQ Coordinator within three business days after the Unsuccessful Consultant Notification is e-mailed to the CONSULTANT. Debriefing requests must be received by the RFQQ Coordinator no later than 4:00 PM, PST on the third business day following the transmittal of the Unsuccessful Consultant Notification. The debriefing must be held within three business days of the request.

Discussion at the debriefing conference will be limited to the following:

• Evaluation and scoring of the CONSULTANT’s proposal;

• Critique of the proposal based on the evaluation;

• Review of CONSULTANT’s final score in comparison with other final scores without identifying the other firms.

Comparisons between proposals or evaluations of the other proposals will not be allowed.

Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

4.6 PROTEST PROCEDURE

This procedure is available to CONSULTANTS who submitted a response to this solicitation document and who have participated in a debriefing conference. Upon completing the debriefing conference, the CONSULTANT is allowed three business days to file a protest of the acquisition with the RFQQ Coordinator. Protests must be received by the RFQQ Coordinator no later than 4:00 PM, PST on the third business day following the debriefing.

Protests may be submitted by e-mail, but must then be followed by the document with an original signature.

CONSULTANTS protesting this procurement shall follow the procedures described below.

Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to CONSULTANTS under this procurement.

All protests must be in writing, addressed to the RFQQ Coordinator, and signed by the protesting party or an authorized Agent. The protest must state the RFQQ number, the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included.

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

• A matter of bias, discrimination or conflict of interest on the part of the evaluator;

• Errors in computing the score;

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

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) the AGENCY’s assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, a protest review will be held by the AGENCY. The AGENCY Director or an employee delegated by the Director who was not involved in the procurement will consider the record and all available facts and issue a decision within five business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another CONSULTANT, which submitted a proposal, such CONSULTANT will be given an opportunity to submit its views and any relevant information on the protest to the RFQQ Coordinator.

The final determination of the protest shall:

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

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

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

o Correct the errors and re-evaluate all proposals, and/or o Reissue the solicitation document and begin a new process, or o Make other findings and determine other courses of action as appropriate.

If the AGENCY determines that the protest is without merit, the AGENCY will enter into a contract with the Apparently Successful Contractor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

5. RFQQ EXHIBITS

Exhibit A – Certifications and Assurances (Required with proposal)

Exhibit B – Workers’ Rights Certification (Required with proposal)

Exhibit C – Proposer Questionnaire (Required with proposal)

Exhibit D – Sample RCO Contract with General Terms and Conditions

EXHIBIT A

CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract:

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

2. I/we have read, thoroughly examined, and fully understand all of the provisions in this competitive solicitation, the terms and conditions of the contract, any amendments or clarifications to the competitive solicitation, and agree to abide by the same.

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

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

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

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

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

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

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