25_05_PSLD_RFP_Water Rights Portfolio Audit.pdf

STATE OF WASHINGTON

DEPARTMENT OF NATURAL RESOURCES

OLYMPIA, WASHINGTON

SOLICITATION

REQUEST FOR PROPOSAL (RFP): DNR 25-05

TITLE: Water Rights Portfolio Audit

PROPOSAL DUE DATE: September 16, 2024– by 5 PM, Pacific Standard Time or Pacific Daylight Time, Olympia, Washington, USA.

SOLICITATION COORDINATOR: Kari Fagerness

ESTIMATED TIME-PERIOD FOR CONTRACT: December 15, 2024, to December 14, 2025.

The Agency reserves the right to extend the contract for up to two additional one-year periods at the sole discretion of the Agency.

DNR RFP: 25-05

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REQUEST FOR PROPOSAL (RFP)

Form update date: 23.03.31_RVSD 24.02.23

TABLE OF CONTENTS

1 INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

1.2 SCOPE

1.3 MINIMUM QUALIFICATIONS

1.4 PERIOD OF PERFORMANCE

1.5 ADDITIONAL PRODUCTS AND/OR SERVICES

1.6 SOLICITATION COORDINATOR

1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

2 GENERAL INFORMATION

2.1 CONTRACTING RESTRICTIONS

2.2 DEFINITIONS

2.3 PRE-PROPOSAL CONFERENCE

2.4 NOTIFICATION TO BIDDERS

2.5 COMPLAINT, DEBRIEF AND PROTEST PROCEDURES

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.7 REVISIONS TO THE SOLICITATION

2.8 SMALL AND DIVERSE BUSINESS PARTICIPATION

2.9 AMERICANS WITH DISABILITIES ACT (ADA)

2.10 ACCEPTANCE PERIOD

2.11 MOST FAVORABLE TERMS

2.12 CONTRACT AND GENERAL TERMS & CONDITIONS

2.13 COST TO PROPOSE

2.14 NO OBLIGATION TO CONTRACT

2.15 REJECTION OF BIDS, QUOTATIONS and/or PROPOSALS

2.16 COMMITMENT OF FUNDS

2.17 DOING BUSINESS WITH THE STATE

2.18 INSURANCE COVERAGE

3 CONTENTS AND SUBMITTAL INSTRUCTIONS

3.1 ELECTRONIC SUBMISSION OF BIDS, QUOTATIONS and/or PROPOSALS

3.2 BIDDER CHECKLIST

3.3 TECHNICAL PROPOSAL (SCORED)

3.4 MANAGEMENT PROPOSAL

3.5 FUNDING

3.6 COST PROPOSAL

4 EVALUATION AND AWARD

4.1 RESPONSIVENESS (PASS / FAIL)

4.2 RESPONSIBLE BIDDER CRITERIA

4.3 BIDDER’S CERTIFICATION AND ASSURANCES FORM (PASS/FAIL)

4.4 WAGE LAW COMPLIANCE (PASS/FAIL)

4.5 PREFERENCE – EXECUTIVE ORDER 18-03 – WORKER’S RIGHTS (SCORED)

4.6 PREFERENCE – SMALL & DIVERSE BUSINESSES (SCORED)

4.7 ORAL PRESENATIONS MAY BE REQUIRED (SCORED)

4.8 EVALUATION WEIGHTING AND SCORING

5. SOLICITATION EXHIBITS

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EXHIBIT A – BIDDER’S CERTIFICATION AND ASSURANCES FORM

EXHIBIT B – MANAGEMENT PROPOSAL FORM

EXHIBIT C – DIVERSE BUSINESS INCLUSION PLAN – SUBCONTRACTORS

EXHIBIT D – SAMPLE SERVICES CONTRACT AND WA STATE DEPARTMENT OF NATURAL RESOURCES

GENERAL TERMS AND CONDITIONS

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1 INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

The Washington State Department of Natural Resources, hereafter called “Agency/DNR”, is initiating this Solicitation to solicit proposals from firms interested in a project to analyze and audit DNR’s statewide water rights portfolio within its Water Resources Program (WRP). The overall objective is to identify and evaluate DNR’s water rights and provide recommendations to improve management of the Agency’s water rights portfolio. WRP’s goal for this project is to gain insight on its large suite of water rights to ensure effective management techniques are employed to maintain and improve its water resource asset.

Work to be performed and/or services delivered: Statewide.

1.2 SCOPE

Conduct comprehensive audit of the WRP’s water rights portfolio with the overall objective to improve the management of its water resource assets. This audit may include, but is not limited to:

• Locate and evaluate all Agency water rights,

• Provide data management and reporting improvement concepts,

• Provide strategies for long-term asset management improvements that:

o Align with the Agency’s statutory and constitutional requirements to generate long-term revenue for its trust beneficiaries, o Align with the Agency’s climate resiliency goals and current/future drought conditions, o Identify long-term innovative water savings and storage options, o Evaluates and recommends consolidation of access points/places of use/withdrawals across the state and across multiple programs within the Agency that may use water resources.

A written report for each above task is expected.

1.3 MINIMUM QUALIFICATIONS

A. Bidders must be licensed to do business in the State of Washington, or provide a commitment that it will become licensed to do business in Washington State prior to goods delivered or services rendered (if applicable):

• All in-state vendors must be licensed in Washington State; for more information contact Washington Department of Licensing.

• Out-of-state vendors should seek guidance from the Washington Department of

Licensing for specific requirements.

https://www.dol.wa.gov/ https://www.dol.wa.gov/

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B. The successful bidder has 10 years of experience with Washington's water laws, practices, and regulations. Experience is required in a consulting capacity or in practice, on matters involving water right analysis, theory and practice, including expertise in management practices and strategies for this type of asset.

Bidders who do not meet the minimum qualifications and/or the required specifications and qualifications as outlined above will be rejected as non-responsive and will not receive further consideration. Any bid, quotation and/or proposal rejected as non-responsive will not be evaluated or scored.

1.4 PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this solicitation is tentatively scheduled to begin on or about December 15, 2024, and end on December 14, 2025. The Agency reserves the right to extend the contract for up to two additional one-year periods at the sole discretion of the Agency. Amendments extending the period of performance, if any, shall be at the sole discretion of the Agency.

1.5 ADDITIONAL PRODUCTS AND/OR SERVICES

DNR reserves the right to order additional products and/or services within the scope of this solicitation. If additional products or services are required, they shall be documented in amendments to the applicable contract document(s). There is no guarantee to the Contractor additional products and/or services will be ordered.

1.6 SOLICITATION COORDINATOR

The Solicitation Coordinator is the sole point of contact in the Agency for this procurement. All communication with the Agency regarding this solicitation shall be with the Solicitation Coordinator, as follows:

SOLICITATION COORDINATOR

NAME: Kari Fagerness

E-MAIL ADDRESS: Kari.fagerness@dnr.wa.gov MAILING ADDRESS: 1111 Washington Street SE

CITY, STATE, ZIP: Olympia, WA 98504

PHONE NUMBER: 360-915-4664

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Any other communication will be considered unofficial and non-binding on the DNR. Vendors are to rely on written statements issued by the Solicitation Coordinator. Communication directed to parties other than the Solicitation Coordinator may result in disqualification of the Vendor.

All oral and written communications will be considered unofficial and non-binding on DNR.

Vendors should rely only on written amendments issued by the Solicitation Coordinator. Vendors are encouraged to make any inquiry as early in the process as possible to allow DNR to consider and respond; however, no response is required from the Solicitation Coordinator. If a Vendor does not notify DNR of an issue, exception, addition, or omission, DNR may consider the matter waived by the Vendor for protest purposes. If Vendor inquiries result in changes to the solicitation, written amendments will be issued and posted on WEBS.

1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

SCHEDULE OF PROCUREMENT ACTIVITIES

ISSUE SOLICITATION

DATE SOLICITATION IS POSTED IN WEBS

August 20, 2024

PRE-PROPOSAL CONFERENCE

DATE SCHEDULED FOR PRE-PROPOSAL CONFERENCE IF APPLICABLE Not Required

PRE-PROPOSAL QUESTIONS DUE FROM VENDORS

DEADLINE FOR VENDORS TO ASK QUESTIONS OF THE SOLICITATION

COORDINATOR RELATED TO THIS SOLICITATION

August 30, 2024

PRE-PROPOSAL ANSWERS DUE BY DNR

DATE THAT DNR WILL POST IN WEBS THE OFFICIAL ANSWERS TO

QUESTIONS RECEIVED FROM VENDORS

September 4, 2024

COMPLAINTS DUE

DEADLINE FOR SUBMITTING UNRESOLVED ISSUES ABOUT THE PROCESS September 9, 2024

PROPOSALS DUE

DEADLINE FOR DNR RECEIPT OF PROPOSALS September 16, 2024

EVALUATE PROPOSALS

PERIOD OF TIME WHEN PROPOSALS WILL BE EVALUATED BY DNR September 17-30, 2024

CONDUCT ORAL PRESENTATIONS WITH FINALISTS

DATE ORAL PRESENTATIONS WILL BE CONDUCTED – IF REQUIRED Not Required

ANNOUNCE APPARENT SUCCESSFUL CONTRACTOR

AWARD DATE October 1, 2024

HOLD DEBRIEFINGS

DATE DEBRIEFING CONFERENCES TO BE HELD – IF REQUESTED October 7, 2024

NEGOTIATE CONTRACT

DATE RANGE DNR EXPECTS CONTRACT NEGOTIATIONS TO BE CONDUCTED

October 18 - November 30, BEGIN CONTRACT WORK

DATE DNR EXPECTS THE WORK TO BEGIN December 15, 2024

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SCHEDULE OF PROCUREMENT ACTIVITIES

THE AGENCY RESERVES THE RIGHT TO REVISE THE ABOVE SCHEDULE.

If the Solicitation results in only one (1) Bidder and that Bidder is found responsive and responsible, the Agency reserves the right to accelerate the procurement schedule above.

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2 GENERAL INFORMATION

2.1 CONTRACTING RESTRICTIONS

Specific restrictions apply to contracting with current or former state employees pursuant to Chapter 42.52 of the Revised Code of Washington. Vendors should familiarize themselves with the requirements prior to submitting a bid, quotation and/or proposal that includes current or former state employees.

2.2 DEFINITIONS

Definitions for the purposes of this solicitation include:

AGENCY – Any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of institutions.

AGENT – Personnel authorized to act on behalf of the Agency for matters contained within.

APPARENT SUCCESSFUL BIDDER – Bidder whose bid, quotation and/or proposal provides the best value in meeting Agency needs and is selected to contract with DNR for the proposed solution, subject to completion of contract negotiations and execution of contract.

AWARD DATE – The announcement date of the Apparent Successful Contractor.

BID, QUOTATION and/or PROPOSAL – A formal offer, submitted by an individual or entity, in response to a solicitation issued for goods and/or services by the Agency.

BIDDER – An individual or entity who submits a bid, quotation and/or proposal in response to a solicitation issued for goods and/or services by the Agency.

BUSINESS DAYS – Monday through Friday, 8AM to 5PM, Pacific Standard Time, or, Pacific Daylight Time, Olympia, Washington, USA.

CALENDAR DAY – Midnight to midnight, any day of the week.

CONTRACT – An agreement between DNR and Contractor that includes terms and conditions, the solicitation, the bid, quotation and/or proposal, all appendices, and exhibits, associated Statements of Work (e.g. Services Contract or Purchase Order), and all amendments awarded pursuant to this solicitation.

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CONTRACTOR – An individual or entity whose bid, quotation and/or proposal has been accepted and is awarded a contract with the Agency, and who is solely responsible to provide a good or perform a service.

DNR – Washington State Department of Natural Resources, an Agency of the State of Washington, and any division, section, office, unit or other entity of, or any of the officers or other officials lawfully representing the department.

GOODS – Products, materials, supplies, or equipment provided by a Contractor.

PURCHASE – The acquisition of goods or services, including the leasing or renting of goods.

SERVICES – Labor, work, analysis, or similar activities provided by a Contractor to accomplish a specific scope of work.

SOLICITATION – A documented formal process providing an equal and open opportunity to Bidders and culminating in a selection based on predetermined criteria.

SUBCONTRACTOR – One not in the employment of the Contractor, who is performing all or part of the business activities related to this solicitation under a separate contract with the Contractor. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any solicitation tier.

VENDOR – Individual, firm, organization, company or other entity offering products and/or services.

WASHINGTON STATE CERTIFIED MINORITY-OWNED BUSINESS – Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a minority-owned business (MBE). See, RCW 39.19.120 and WAC 326-20.

WASHINGTON STATE CERTIFIED SMALL BUSINESS – An in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that certify location, size and WEBS certification. See RCW 39.26.010

WASHINGTON STATE CERTIFIED VETERAN-OWNED BUSINESS – Limited to firms certified by the Washington State Department of Veterans Affairs (WDVA) as a Certified Veteran- Owned Business. See, RCW 43.60A.010(7) & RCW 43.60A.190

WASHINGTON STATE CERTIFIED WOMAN-OWNED BUSINESS – Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) as a woman-owned business (WBE). See, RCW 39.19.120 and WAC 326-20 https://apps.leg.wa.gov/rcw/default.aspx?Cite=39.26.010#:%7E:text=(22)%20%22Small%20business%22,Fifty%20or%20fewer%20employees%3B%20or https://app.leg.wa.gov/RCW/default.aspx?cite=43.60A.010 https://app.leg.wa.gov/RCW/default.aspx?cite=43.60A.190

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WEBS – Washington’s Electronic Business Solution System.

WORKING DAY – Midnight to midnight, Monday through Friday, excluding Saturday, Sunday and state legal holidays.

2.3 PRE-PROPOSAL CONFERENCE

☒ A Pre-Proposal Conference is NOT required under this solicitation.

Agency will be bound only to Agency’s written answers to questions. Questions arising at the pre-proposal conference or in subsequent communication with the Solicitation Coordinator will be documented and answered in written form. A copy of the questions and answers will be provided to all Vendors via posting to WEBS on the date indicated in Section 1.7 Schedule of Procurement Activities.

2.4 NOTIFICATION TO BIDDERS

The Agency will notify the Apparent Successful Contractor of their selection in writing upon completion of the evaluation process. Individuals or firms whose bids, quotations and/or proposals were not selected for further negotiation or award will be notified separately in writing. To complete the process, the Apparent Successful Contractor will be identified in WEBS.

2.5 COMPLAINT, DEBRIEF AND PROTEST PROCEDURES

COMPLAINT PROCESS – PRIOR TO BID, QUOTATION and/or PROPOSAL DUE DATE:

The purpose of a complaint process is to settle unresolved issues or concerns that either were not or could not be resolved during the question and answer period.

Any Bidder may submit a complaint regarding this solicitation based upon the following:

• The solicitation unnecessarily restricts competition;

• The evaluation/scoring process is unfair or flawed; or

• The requirements are inadequate or insufficient so that a bid, quotation and/or proposal is difficult to prepare.

If no complaint is filed, a Bidder cannot later file a protest based on one of the above complaint criteria.

Any complaint to the solicitation must be in writing and submitted to the Solicitation Coordinator no less than five (5) business days prior to the date when the bid, quotation and/or proposal is due, and shall clearly articulate the basis for the complaint and include a proposed remedy.

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Responses to complaints will be articulated in writing, including any resulting changes to the solicitation, and will be posted on WEBS, and the Agency head will be notified.

The Agency’s decision is final; no further administrative appeal is available.

DEBRIEFING OF UNSUCCESSFUL BIDDERS:

Any Bidder who has submitted a bid, quotation and/or 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 Solicitation Coordinator within three (3) business days after the Unsuccessful Bidder notification is e-mailed to the Bidder. The debriefing must be held within three (3) business days of the request.

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

• Evaluation and scoring of the Bidder’s bid, quotation and/or proposal;

• Critique of the bid, quotation and/or proposal based on the evaluation; and

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

Comparisons between bids, quotations and/or proposals or evaluations of the other bids, quotations and/or 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.

PROTEST PROCEDURE:

This procedure is available to Bidders who submitted a response to this solicitation and who have participated in a debriefing conference. Upon completing the debriefing conference, the Bidder is allowed five (5) business days to file a protest of the acquisition with the Solicitation Coordinator.

Protests must be submitted in writing via e-mail and signed by the protesting party or an authorized Agent.

The protest must state the grounds for the protest with specific and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included.

Bidders 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 Bidders under this procurement.

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;

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• Non-compliance with procedures described in the solicitation document, or applicable state or federal laws or regulations.

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) 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. All available facts will be considered and a decision will be issued by the Commissioner of Public Lands or his/her delegate within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Bidder who submitted a bid, quotation and/or proposal, such Bidder will be given an opportunity to submit its views and any relevant information on the protest to the Solicitation 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 conduct 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 bids, quotations and/or proposals; and/or o Reissue the solicitation document; and/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 Apparent Successful Contractor.

The Agency protest decision is final and no appeal process will be required. If a protesting Bidder does not accept the Agency protest response, the Bidder may try to seek relief from Thurston County Superior Court.

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Bids, quotations and/or proposals submitted in response to this solicitation shall become the property of the Agency and shall be deemed public records as defined in Chapter 42.56 (Public Records Act) of the Revised Code of Washington (RCW).

Per Chapter 39.26 (Procurement of Goods and Services), Section 030 (State procurement records – Disclosure.) of the Revised Code of Washington (RCW), bid submissions and

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Form update date: 23.03.31_RVSD 24.02.23 bid evaluations are exempt from disclosure until the agency announces the apparent successful bidder. The Apparent Successful Bidder is the Bidder whose bid, quotation and/or proposal provides the best value in meeting Agency needs and is selected to contract with DNR for the proposed solution, subject to completion of contract negotiations and execution of contract.)

Any information in the bid, quotation and/or proposal that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Bidder is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right-hand corner of the page. Marking the entire bid, quotation and/or proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Bidder has marked as "Proprietary Information," the Agency will notify the Bidder of the request and of the date that the records will be released to the requester unless the Bidder obtains a court order enjoining that disclosure. If the Bidder fails to obtain the court order enjoining disclosure, the Agency will release the requested information on the date specified. If a Bidder obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, the Agency shall maintain the confidentiality of the Bidder information per the court order.

Pursuant to RCW 42.56.120, DNR uses the default fee schedule. However, records may be viewed in person for no fee. All requests for copies of identifiable records should be directed to the public disclosure office: publicdisclosure@dnr.wa.gov and the Solicitation Coordinator listed in the solicitation, posted in WEBS (wa.gov).

2.7 REVISIONS TO THE SOLICITATION

The Agency reserves the right to cancel or reissue all or part of this solicitation at any time as allowed by law without obligations or liability.

In the event that it becomes necessary to revise any part of this solicitation, an amendment will be posted in WEBS (Washington’s Electronic Business Solutions). Questions & Answers and any other pertinent information shall be provided as an amendment to the solicitation and will be posted in WEBS.

mailto:publicdisclosure@dnr.wa.gov https://pr-webs-customer.des.wa.gov/

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2.8 SMALL AND DIVERSE BUSINESS PARTICIPATION

DNR strongly encourages the participation of minority and women-owned businesses, Veteran owned businesses and small businesses, as prime Contractors or Subcontractors.

If you are a small business that needs assistance responding to this solicitation, help is available.

Please visit OMWBE Small Business Assistance at https://omwbe.wa.gov/small-business-assistance to see the services offered. The Washington Procurement Technical Assistance Center (PTAC) is also available with no cost, confidential technical assistance for small businesses doing business with state government.

Minority and Women-Owned Businesses In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation or on a Subcontractor basis. Bidders may go to https://omwbe.wa.gov/directory-certified-businesses to obtain information on certified firms.

No preference will be included in the evaluation of bids for the participation of minority and women-owned businesses. See section 4.6 Preference – Small & Veteran Businesses for information on preference points for small and veteran owned businesses.

2.9 AMERICANS WITH DISABILITIES ACT (ADA)

The Agency complies with the Americans with Disabilities Act (ADA). Vendors may contact the Solicitation Coordinator listed above for additional assistance.

2.10 ACCEPTANCE PERIOD

Bids, quotations and/or proposals must provide 90 calendar days for acceptance by Agency from the due date for receipt of bids, quotations and/or proposals.

2.11 MOST FAVORABLE TERMS

The Agency reserves the right to make an award without further discussion of the bid, quotation and/or proposal submitted. Therefore, the bid, quotation and/or proposal should be submitted initially on the most favorable terms that the Bidder can propose. There will be no best and final offer procedure. The Agency does reserve the right to contact a Bidder for clarification of its bid, quotation and/or proposal.

The Apparent Successful Contractor should be prepared to accept this solicitation for incorporation into a contract resulting from this solicitation. Contract negotiations may incorporate some or all of the Bidders bid, quotation and/or proposal. It is understood that the bid, quotation and/or https://omwbe.wa.gov/small-business-assistance https://omwbe.wa.gov/small-business-assistance https://washingtonptac.org/ https://omwbe.wa.gov/directory-certified-businesses

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2.12 CONTRACT AND GENERAL TERMS & CONDITIONS

The awarded Apparent Successful Bidder is entering into the Washington state Department of Natural Resources generic Services Contract including but not limited to the terms and conditions outlined within the solicitation, bid, quotation and/or proposal, all appendices, all exhibits, associated Statements of Work, Purchase Orders, and all amendments awarded.

Agency Contractors hereby have access to Sample Services Contract and WA State Department of Natural Resources General Terms and Conditions https://www.dnr.wa.gov/publications/em_obe_contracting_template.pdf

All exceptions to the contract terms and conditions must be submitted as an attachment to EXHIBIT A – Bidder’s Certification and Assurances Form.

The Agency will review requested exceptions and accept or reject the same at its sole discretion.

2.13 COST TO PROPOSE

The Agency will not be liable for any costs incurred by the Bidder in preparation of a bid, quotation and/or proposal submitted in response to this solicitation, in conduct of a presentation, or any other activities related to responding to this solicitation.

2.14 NO OBLIGATION TO CONTRACT

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

2.15 REJECTION OF BIDS, QUOTATIONS and/or PROPOSALS

The Agency reserves the right at its sole discretion to reject all bids, quotations and/or proposals received without penalty and not to issue a contract as a result of this solicitation.

2.16 COMMITMENT OF FUNDS

The Commissioner of Public Lands or his/her delegate is the only individual who may legally commit the Agency to the expenditures of funds for a contract resulting from this solicitation. No cost chargeable to the proposed contract may be incurred before notice and acceptance of award.

https://www.dnr.wa.gov/publications/em_obe_contracting_template.pdf

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2.17 DOING BUSINESS WITH THE STATE

The Agency requires all awarded bidders to be registered with the Washington Office of Financial Management (OFM). Additional information can be found on The Department of Enterprise Services Website https://des.wa.gov/sell/how-work-state.

2.18 INSURANCE COVERAGE

Before using any of said rights granted herein and its own expense, Contractor shall purchase and maintain, or require its Agent(s)/Subcontractor(s) to purchase and maintain, the insurance described within Sample Services Contract and WA State Department of Natural Resources General Terms and Conditions for the entire duration of this Agreement. Failure to purchase and maintain the required insurance may result in the termination of the Agreement at DNR’s option.

All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self-insurance programs afforded to, or maintained by, the State of Washington, Department of Natural Resources.

Upon notification of being chosen as the Apparent Successful Contractor, the Contractor shall provide DNR with certificates of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified before using any of said rights granted herein. The description section of the certificate shall contain the contract number and the name of the DNR Project Manager. Contractor shall also provide renewal certificates as appropriate during the term of this Agreement.

Contractor shall include all Subcontractors and Agents as insured under all required insurance policies or shall provide separate certificates of insurance for each Subcontractor or Agent. Failure of Contractor to have its Subcontractors and Agents comply with the insurance requirements contained herein does not limit Contractor’s liability or responsibility.

https://des.wa.gov/sell/how-work-state

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3 CONTENTS AND SUBMITTAL INSTRUCTIONS

Bidders are required to read and understand all information contained within this entire bid package including all exhibits. By responding to the solicitation, Bidder agrees to read and understand all documents.

3.1 ELECTRONIC SUBMISSION OF BIDS, QUOTATIONS and/or PROPOSALS

The bid, quotation and/or proposal must be received by the Solicitation Coordinator by the due date indicated within Section 1.7 Schedule of Procurement Activities of this solicitation, or any amendments.

Bids, quotations and/or proposals must be submitted electronically as an attachment to e-mail to the Solicitation Coordinator, at the e-mail address listed in Section 1.6 Solicitation Coordinator.

The submitted bid, quotation and/or proposal shall follow the below naming convention:

25-05_RFP_Bidder Name_Proposal

Attachments to e-mail shall be in Microsoft Word format or PDF. Maximum file size for an e-mail attachment is 30MB. Zipped files cannot be received by the Agency and cannot be used for submission of bids, quotations and/or proposals.

All forms and documents submitted must have a signature of the individual within the organization authorized to bind the Bidder to the offer. The Agency does not assume responsibility for problems with Bidder’s e-mail. If the Agency’s e-mail is not working, appropriate allowances will be made.

Bidders should allow sufficient time to ensure timely receipt of the bid, quotation and/or proposal by the Solicitation Coordinator. Late bids, quotations and/or 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 bids, quotations and/or proposals and any accompanying documentation become the property of the Agency and will not be returned.

3.2 BIDDER CHECKLIST

Submit the following applicable documents to the Solicitation Coordinator by the due date indicated within the Section 1.7 Schedule of Procurement Activities of this solicitation, or any amendments to the schedule. Failure to comply may result in rejection of the bid, quotation and/or proposal as non-responsive. The Agency reserves the right at its sole discretion to waive minor administrative irregularities.

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3.3 TECHNICAL PROPOSAL (SCORED)

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

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

B. Work Plan – Include all project requirements and the proposed tasks, services, activities, etc. necessary to accomplish the scope of the project defined in this solicitation. This section of the technical proposal must contain sufficient detail to convey to members of the evaluation team the Bidder’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of Agency staff. The Bidder may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation.

C. Project Schedule – Include a project schedule indicating when the elements of the work will be completed. Project schedule must ensure that any deliverables requested are met.

D. Outcomes and Performance Measurement – Describe the impacts/outcomes the Bidders propose to achieve as a result of the delivery of these services including how these outcomes would be monitored, measured and reported to the Agency.

E. Risks – The Bidder must identify potential risks that are considered significant to the success of the project. Include how the Bidder would propose to effectively monitor and manage these risks, including reporting of the risks to the Agency contract manager.

F. Deliverables – Fully describe deliverables to be submitted under the proposed contract.

Deliverables must support the requirements set forth in Section 1.2 Scope.

BIDDER CHECKLIST

EXHIBIT A – BIDDER’S CERTIFICATIONS AND ASSURANCES FORM �

EXHIBIT A – ITEM 8 – EXCEPTIONS TO TERMS AND CONDITIONS �

EXHIBIT B – MANAGEMENT PROPOSAL FORM �

EXHIBIT C – SUB CONTRACTOR INCLUSION PLAN (IF APPLICABLE) �

SECTION 3.6 – COST PROPOSAL �

SECTION 3.3 TECHNICAL PROPOSAL �

STAFF MEMBER AND/OR SUBCONTRACTOR RESUMES N/A

WA State Department of Natural Resources Page 19 of 44

Form update date: 23.03.31_RVSD 24.02.23

3.4 MANAGEMENT PROPOSAL

Exhibit B – Management Proposal Form, must be completed and returned to the Solicitation Coordinator in order for DNR to evaluate the Bidders management proposal.

3.5 FUNDING

Purchase of goods and/or services resulting from this Solicitation are funded by state dollars.

Terms and conditions for funding source are included in Sample Services Contract and WA State Department of Natural Resources General Terms and Conditions.

Any contract awarded as a result of this solicitation is contingent upon the availability of funding.

3.6 COST PROPOSAL

The Bidder shall attach a fully detailed cost proposal in order to be considered responsive to this solicitation.

The cost proposal shall include fully weighted costs for goods delivered or services rendered as requested within.

Costs must be submitted as follows:

Hourly rate for each type of work listed in 1.2 Scope Hourly rate of each staff member assigned to the project Itemized list of costs identified in 1.2 Scope

IDENTIFICATION OF COSTS (SCORED)

All costs shall be in U.S. dollars including expenses to be charged to accomplish the tasks and to produce the deliverables under this contract. Bidders are required to collect and pay Washington state sales and use taxes, as applicable.

Costs for Subcontractors are to be broken out separately.

COMPUTATION OF COSTS

The score for the cost proposal will be computed by dividing the lowest cost bid, quotation and/or proposal received by the Bidders total cost. Then the resultant number will be multiplied by the maximum possible points for the cost section.

PROMPT PAYMENT

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Form update date: 23.03.31_RVSD 24.02.23

Bidders are encouraged to offer a discount for prompt payment of invoices. Please indicate your discount proposal on the submitted cost proposal as outlined in Section 3.6. If awarded by the state, period of entitlement begins only after:

• Receipt of a properly completed invoice.

• Receipt of all supplies, equipment or services ordered.

• Satisfactory completion of all contractual requirements.

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Form update date: 23.03.31_RVSD 24.02.23

4 EVALUATION AND AWARD

The evaluation process is designed to award this procurement not necessarily to the Bidder of least cost, but rather to the Bidder whose bid, quotation and/or proposal best meets the requirements of this solicitation. However, Bidders are encouraged to submit bids, quotations and/or proposals that are consistent with state government efforts to conserve state resources.

The Agency will award the contract to the lowest responsive and responsible Bidder that meets the specifications as determined by the Agency. The Agency will post awarded bids and bid award documents for each competitive procurement for public review.

The Agency may reject the bid, quotation and/or proposal of any firm who has failed to perform satisfactorily on a previous contract with the state.

Responsive bids, quotations and/or proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any amendments issued. The evaluation of bids, quotations and/or proposals shall be accomplished by an evaluation team, to be designated by the Agency, which will determine the ranking of the bids, quotations and/or proposals.

The Agency reserves the right to select and enter into contract(s) with the Bidder whose bid, quotation and/or proposal is deemed to be in the best interest of the Agency and the State of Washington.

If this procurement is estimated to be less than $150,000. The Agency 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, (as defined in RCW 43.60A.190) unless none of these businesses are responsible and responsive to this solicitation. The Agency will verify small and veteran owned business status through WEBS certification and if applicable bidder must provide certification documentation to the Washington Department of Veterans’ Affairs WDVA and be certified by WDVA and listed as such on WDVA’s website

It is the intent of the Agency to establish one contract.

4.1 RESPONSIVENESS (PASS / FAIL)

All bids, quotations and/or proposals will be reviewed by the Solicitation Coordinator to determine compliance with administrative requirements and instructions specified in this solicitation. The Bidder is specifically notified that failure to comply with any part of the solicitation may result in rejection of the bid, quotation and/or proposal as non-responsive.

The Agency reserves the right at its sole discretion to waive minor administrative irregularities.

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Form update date: 23.03.31_RVSD 24.02.23

4.2 RESPONSIBLE BIDDER CRITERIA

All requested information as outlined within must be submitted in order for DNR to determine the lowest responsive and responsible Bidder.

In determining whether the Bidder is a responsible Bidder, the Agency must consider the following elements (RCW 39.26.160(2)):

A. The ability, capacity, and skill of the Bidder to perform the contract or provide the service required;

B. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;

C. Whether the Bidder can perform the contract within the time specified;

D. The quality of performance of previous contracts or services;

E. The previous and existing compliance by the Bidder with laws relating to the contract or services;

F. Whether, within the three-year period immediately preceding the date of the bid solicitation, the Bidder has 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; and

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

In determining the lowest responsive and responsible Bidder, an Agency may consider best value criteria, including but not limited to (RCW 39.26.160(3)):

A. Whether the bid, quotation and/or proposal satisfies the needs of the state as specified in the solicitation documents;

B. Whether the bid, quotation and/or proposal encourages diverse Contractor participation;

C. Whether the bid, quotation and/or proposal provides competitive pricing, economies, and efficiencies;

D. Whether the bid, quotation and/or proposal considers human health and environmental impacts;

E. Whether the bid, quotation and/or proposal appropriately weighs cost and noncost considerations; and F. Life-cycle cost.

The Agency’s determination that a Bidder is not qualified may result in rejection of the submitted bid, quotation and/or proposal.

4.3 BIDDER’S CERTIFICATION AND ASSURANCES FORM (PASS/FAIL)

https://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 https://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160

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Form update date: 23.03.31_RVSD 24.02.23

All Bidders must submit Exhibit A – Bidder’s Certifications and Assurances Form, signed by an individual authorized to bind the Bidder contractually. DNR will evaluate the information and may, at its sole discretion, reject the Bidder’s Response if the information indicates that completion of a Contract resulting from this RFQQ may be jeopardized by selection of the Bidder.

4.4 WAGE LAW COMPLIANCE (PASS/FAIL)

Prior to awarding a contract, agencies are required to determine that a Bidder is a 'Responsible Bidder.' See RCW 39.26.160(2)(f) and (4). Pursuant to legislative enactment in 2017, the Responsible Bidder Criteria include a Contractor Certification that the Contractor has not willfully violated Washington's wage laws. See Chap. 258, 2017 Laws (enacting SSB5301). All Bidders must submit Exhibit A – Bidder’s Certification and Assurances Form, signed by an individual authorized to bind the Bidder contractually. A Bidder’s failure to comply with the required Wage Law

4.5 PREFERENCE – EXECUTIVE ORDER 18-03 – WORKER’S RIGHTS (SCORED)

FIRMS WITHOUT MANDATORY INDIVIDUAL ARBITRATION FOR EMPLOYEES

Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), A. A preference of 5 percent will be given to any Bidder who certifies, pursuant to the certification attached as Exhibit A – Bidder’s Certification and Assurances Form that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

4.6 PREFERENCE – SMALL & DIVERSE BUSINESSES (SCORED)

Department of Natural Resources, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See, e.g., RCW 43.60A.200 (WDVA Certified Veteran- Owned Businesses); and RCW 39.26.005 (Washington Small Businesses).

Washington State Certified Veteran-Owned Businesses In accordance with Chapter 43.60A.200 RCW, the State encourages participation in all of its contracts by firms certified by the Washington State Department of Veterans’ Affairs (DVA).

For questions regarding the above go to http://www.dva.wa.gov/.

A. A preference of 10 percent will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the that Bidder qualifies as a Washington Department of Veterans’ Affairs Certified Veteran-Owned Business.

Note: This preference does not apply if federal funds are being used. See section 3.5 Funding for funding source information http://apps.leg.wa.gov/Rcw/default.aspx?cite=39.26 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/5301-S.SL.pdf https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D43.60A.200&data=05%7C01%7CBeth.Hughes%40dnr.wa.gov%7C0d8bc287255247fbf7df08daededc6de%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638083902739291565%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=aoL%2BJ7PN4UZF2OtEKHO%2Fk7uW%2BIADiMnpjXtyvZQmGxI%3D&reserved=0 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fapp.leg.wa.gov%2FRCW%2Fdefault.aspx%3Fcite%3D39.26.005&data=05%7C01%7CBeth.Hughes%40dnr.wa.gov%7C0d8bc287255247fbf7df08daededc6de%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638083902739291565%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=poiVbIOH1dz18n6dIHd0mwXpeCdlXiEaiAYRWCZgS3g%3D&reserved=0 http://www.dva.wa.gov/

WA State Department of Natural Resources Page 24 of 44

Washington State Certified Small Businesses In accordance with the intent of Chapter 39.26.005 RCW, the State encourages the purchases of goods and services from Washington small businesses. Small business, mini-business, and micro-business are defined in RCW Chapter 39.26.010 (22), (17), and (16) respectively. Go to http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26.010. All qualified state small business types are encouraged to register and identify themselves in the Washington Electronic Business Solution (WEBS). https://des.wa.gov/sell/how-work-state/register-bid-opportunities

A. A preference of 10 percent will be given to any Bidder who provides evidence as set forth in Exhibit A – Bidder’s Certifications and Assurances Form that the that Bidder qualifies as a Washington State Small Business. Note: This preference does not apply if federal funds are being used. See section 3.5 Funding for funding source information

4.7 ORAL PRESENATIONS MAY BE REQUIRED (SCORED)

The Agency, at its sole discretion, may elect to select the top-scoring firms as finalists for an oral presentation. Should oral presentations become necessary, the Agency will contact the top-scoring firm(s) from the written evaluation to schedule a time and location to hold the oral presentation on the date as outlined on the Schedule of Activities and any amendments. Commitments made by the Bidders at the oral presentation, if any, will be considered binding.

☒ Oral presentations are NOT required under this solicitation.

4.8 EVALUATION WEIGHTING AND SCORING

CRITERIA MAXIUM

POINTS

RESPONSIVENESS

SECTION 1.3 – MINIMUM QUALIFICATIONS PASS/FAIL

SECTION 4.1 - RESPONSIVENESS PASS/FAIL

SECTION 4.3– CERTIFICATIONS AND ASSURANCES FORM (EXHIBIT A) PASS/FAIL

SECTION 4.4 – WAGE COMPLIANCE LAW (EXHIBIT A) PASS/FAIL

TEHCNICAL PROPOSAL

SECTION 3.3 – PROJECT APPROACH/METHODOLOGY 20

SECTION 3.3 – WORK PLAN 5

SECTION 3.3 – PROJECT SCHEDULE 5

SECTION 3.3 – OUTCOMES AND PERFORMANCE MEASUREMENTS 10

SECTION 3.3 – RISKS 5

MANAGEMENT PROPOSAL

EXHIBIT B MANAGEMENT PROPOSAL FORM, SECTION A1 - TEAM STRUCTURE 10

http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26.010 https://des.wa.gov/sell/how-work-state/register-bid-opportunities

WA State Department of Natural Resources Page 25 of 44

AND INTERNAL CONTROLS

EXHIBIT B MANAGEMENT PROPOSAL FORM, SECTION A2 - STAFF

QUALIFICATIONS AND EXPERIENCE

EXHIBIT B MANAGEMENT PROPOSAL FORM, SECTION B - EXPERIENCE 20

EXHIBIT B MANAGEMENT PROPOSAL FORM, SECTION C1 – TERMINATION

FOR DEFAULT

PASS/FAIL

EXHIBIT B MANAGEMENT PROPOSAL FORM, SECTION C2 -

FORMER/CURRENT STATE EMPLOYEE

PASS/FAIL

EXHIBIT B MANAGEMENT PROPOSAL FORM, SECTION D - REFERENCES 5

COST PROPOSAL

SECTION 3.6 – TOTAL COST 10

SUB-TOTAL 100

PREFERENCES

SECTION 4.2 – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS (EXHIBIT A) 5

SECTION 4.6 – WASHINGTON STATE CERTIFIED VETERAN-OWNED BUSINESS

( EXHIBIT A)

SECTION 4.7 – WASHINGTON STATE CERTIFIED SMALL BUSINESS( EXHIBIT

A)

TOTAL POSSIBLE w/PREFERENCES 125 ORAL PRESENTATIONS – add possible points as determined

SECTION 4.7 – ORAL PRESENTATIONS N/A

TOTAL POSSIBLE POINTS w/ORAL PRESENTATIONS 125

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Form update date: 23.03.31_RVSD 24.02.23

5. SOLICITATION EXHIBITS

EXHIBIT A – Bidder Certifications and Assurances Form EXHIBIT B – Management Proposal Form EXHIBIT C – Diverse Business Inclusion Plan – Subcontractors EXHIBIT D – Sample Services Contract and WA State Department of Natural Resources General Terms and Conditions

WA State Department of Natural Resources Page 27 of 44

EXHIBIT A – BIDDER’S CERTIFICATION AND ASSURANCES FORM

BIDDER INFORMATION

Business Name:

Name of Authorized Representative:

Address:

City: State: Zip:

Cell Phone:

Office Phone:

E-mail:

TIN (Tax Identification Number):

Internal Revenue Service

WA UBI (Unified Business Identifier):

WA Department of Licensing

ALL IN-STATE VENDORS MUST BE LICENSED TO DO BUSINESS IN WASHINGTON STATE.

OUT-OF-STATE VENDORS SHOULD…