27-PS-03.LocatorTraining-RFP.pdf

STATE OF WASHINGTON

UTILITIES AND TRANSPORTATION COMMISSION

REQUEST FOR PROPOSALS (RFP)

RFP NO. 27-PS-03

Utility Locator Certification Training

PROJECT TITLE: Utility Locator Certification Training

PROPOSAL DUE DATE: July 25, 2025 – 5:00 p.m., Pacific Standard Time or Pacific Daylight Time, Lacey, Washington, USA.

E-mailed bids will be accepted. Faxed bids will not.

ESTIMATED TIME PERIOD FOR CONTRACT: October 1, 2025 – September 30, 2026 The Agency reserves the right to extend the contract for up to three additional one-year periods (Sept. 30, 2027, Sept. 30, 2028, Sept. 2029) at the sole discretion of the Agency.

CONSULTANT ELIGIBILITY: This procurement is open to those consultants that satisfy the minimum qualifications stated herein and that are available for work in Washington State.

CONTENTS OF THE REQUEST FOR PROPOSALS:

1. Introduction

2. General Information for Consultants

3. Proposal Contents

4. Evaluation and Award

5. Attachments

A. Certifications and Assurances B. Personal Service Contract with General Terms and Conditions

C. Bidder Certification for Executive Order 18-03 – Workers’ Rights+ D. Wage Theft Certification

TABLE OF CONTENTS

1. Introduction

1.1 Purpose and Background

1.2 Objective and Scope of Work

1.3 Minimum Qualifications

1.4 Funding

1.5 Period of Performance

1.6 Current or Former State Employees…………………………………………………………………6

1.7 Definitions

1.8 ADA

2. General Information for Consultants

2.1 RFP Coordinator

2.2 Estimated Schedule of Procurement Activities

2.3 Submission of Proposals

2.4 Proprietary Information/Public Disclosure

2.5 Revisions to the RFP

2.6 Minority & Women-Owned Business Participation

2.7 Acceptance Period

2.8 Responsiveness

2.9 Most Favorable Terms

2.10 Contract and General Terms & Conditions

2.11 Costs to Propose

2.12 No Obligation to Contract

2.13 Rejection of Proposals

2.14 Commitment of Funds

2.15 Electronic Payment

2.16 Insurance Coverage

3. Proposal Contents

3.1 Letter of Submittal

3.2 Technical Proposal

3.3 Management Proposal

3.4 Cost Proposal

4. Evaluation and Contract Award

4.1 Evaluation Procedure

4.2 Evaluation Weighting and Scoring

4.3 Oral Presentations may be Required

4.4 Notification to Proposers

4.5 Debriefing of Unsuccessful Proposers

4.6 Protest Procedure

5. RFP Attachments . … Attachment A Certifications and Assurances Attachment B Service Contract Format including General Terms and Conditions (GT&Cs) Attachment C Bidder Certification for Executive Order 18-03 – Workers’ Rights+ Attachment D Wage Theft Certification

UTC RFP No. 27-PS-03 Page 3 of 35

1. INTRODUCTION

1.1. PURPOSE AND BACKGROUND

The Washington State Utilities and Transportation Commission (UTC), hereafter called "AGENCY,” is initiating this Request for Proposals (RFP) to solicit proposals from individuals, associations, or firms providing underground utility locating training to locators or persons interested in learning how to locate underground utilities. At a minimum, the training should focus on:

1. How locating instruments work;

2. Different types of locating instruments;

3. How to use locating instruments:

a. Current;

b. Receiver; and

c. Transmitter.

4. Conclusion:

a. Current;

b. Shape; and

c. Endpoint.

5. Troubleshoot techniques;

6. Outdoor learning demonstration/presentation;

7. Managing locate tickets;

8. Definitions;

9. Required knowledge test to pass for a 2-year certification; and

10. Required practical skill test to pass for a 2-year certification.

AGENCY intends to award one/multiple contract(s) to provide the services described in this RFP.

1.2. OBJECTIVES AND SCOPE OF WORK

(NOTE: Explain what the contract is intended to accomplish.).

The objective of this project is to provide educational opportunities to persons who locate underground utilities. The training will focus on important aspects of underground utility locating, locating technologies, troubleshooting techniques, and ticket management.

The scope of work will be to perform eight separate two-day education programs consisting of not less than eight hours of instruction per day, to be scheduled in eight different areas of the state, determined by the UTC. Each class will hold a maximum of 20 participants, thus providing training for 160 attendees.

Students will be provided written course materials for personal use. Spanish materials are to be provided if needed by a participant.

Upon completion of training, the contractor must provide the AGENCY with an attendance list, the final report of completed training, attendance feedback, and any recommendations to enhance the program.

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1.3 MINIMUM QUALIFICATIONS

(NOTE: Include what is required to be able to qualify for a contract.)

Minimum qualifications include:

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

• At least ten years’ experience in locating underground utilities.

• Teaching experience.

• Experience with several types of locating equipment.

• Experience or knowledge about the Underground Utilities law in Chapter 19.122 RCW.

1.4 FUNDING (OPTIONAL)

The AGENCY has budgeted an amount not to exceed Fifty-Two Thousand Dollars ($52,000.00) per fiscal year for this project. Proposals in excess of $52,000.00 per fiscal year will be considered non-responsive and will not be evaluated.

Students are required to earn class certification to be eligible for payment under this contract.

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

1.5 PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about October 1, 2025, and to end on September 30, 2026, with the option to extend for three additional years. Amendments extending the period of performance, if any, shall be at the sole discretion of the AGENCY.

The AGENCY reserves the right to extend the contract for three one-year periods.

1.6 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

Specific restrictions apply to contracting with current or former state employees pursuant to chapter

42.52 of the Revised Code of Washington. Proposers should familiarize themselves with the requirements prior to submitting a proposal that includes current or former state employees.

1.7 DEFINITIONS

Definitions for the purposes of this RFP include:

Agency – The Washington Utilities and Transportation Commission is the agency of the state of Washington that is issuing this RFP.

Apparent Successful Contractor – The consultant selected as the entity to perform the anticipated services, subject to completion of contract negotiations and execution of a written contract.

Consultant – Individual or company interested in the RFP and that may or does submit a proposal in order to attain a contract with the AGENCY.

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Contract Manager – The individual designated by the Agency to direct work under this contract and act as the approval authority for all things related to this contract.

Contractor – Individual or company 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.

Proposer - Individual or company that submits a proposal in order to attain a contract with the

AGENCY.

Request for Proposals (RFP) – Formal procurement document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFP is to permit the consultant community to suggest various approaches to meet the need at a given price.

1.8 ADA

The AGENCY complies with the Americans with Disabilities Act (ADA). Bidders may contact the RFP Coordinator to receive this Request for Proposals in in alternative formats. The AGENCY is a fully accessible facility.

2. GENERAL INFORMATION FOR CONSULTANTS

2.1. RFP COORDINATOR

The RFP Coordinator is the sole point of contact in the AGENCY for this procurement. All communication between the Consultant and the AGENCY upon release of this RFP shall be with the RFP Coordinator, as follows:

Name Mandi Mackey E-Mail Address Mandalyn.Mackey@utc.wa.gov Mailing Address P.O. Box 47250

Lacey, WA, 98503 Physical Address for Delivery

621 Woodland Square Loop SE Lacey, Washington 98503

Phone Number 360 529-9262

Any other communication will be considered unofficial and non-binding on the AGENCY. Consultants are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Consultant.

2.2. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Anticipated Procurement Schedule AGENCY reserves the right to revise the schedule

Times are at Pacific Standard Time

Issue Request for Proposals June 23, 2025

Question & answer period June 23 – July 7, 2025

Proposals due July 25, 2025

Evaluate proposals July 25 – August 8, 2025

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Conduct oral interviews with finalists, if required August 11 – August 13, Announce “Apparent Successful Contractor” and send notification via fax or e-mail to unsuccessful proposers

August 15, 2025

Negotiate contract August 22, 2025

File contract with DES (if required) August 25, 2025

Begin contract work October 1, 2025

AMENDMENTS: Amendments to the solicitation will be posted to WEBS as they are deemed necessary.

DEBRIEFING CONFERENCE: Unsuccessful Bidders may request Debriefing until 4:00 PM three business days from the ASB Announcement.

PROTEST: Bidder may submit protest until 4:00 PM no later than five business days from the Bidder’s Debrief Conference.

Protest Period Ends: 4:00 PM five business days from the last Debrief Conference.

2.3 SUBMISSION OF PROPOSALS

(NOTE: Proposals can be submitted either hard copy or electronically. Use the appropriate sections below.)

Proposals submitted either via hard copy or electronic must include a copy of the in-person curriculum.

ELECTRONIC PROPOSALS:

The proposal must be received by the RFP Coordinator no later than 5 p.m., Pacific Standard Time or Pacific Daylight Time, in Lacey, Washington, on July 25, 2025.

Proposals must be submitted electronically as an attachment to an e-mail to Mandalyn.Mackey@utc.wa.gov. the RFP Coordinator, at the e-mail address listed in Section 2.1.

Attachments to e-mail shall be in Microsoft Word format or PDF. Zipped files cannot be received by the AGENCY and cannot be used for submission of proposals. The cover submittal letter and the Certifications and Assurances form must have a scanned signature of the individual within the organization authorized to bind the Consultant to the offer. The AGENCY does not assume responsibility for problems with Consultant’s e-mail. If the AGENCY’S email is not working, appropriate allowances will be made.

Proposals may not be transmitted using facsimile transmission.

Consultants should allow sufficient time to ensure timely receipt of the proposal by the RFP 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.

2.4 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Materials submitted in response to this competitive procurement will become the property of the

AGENCY.

mailto:Mandalyn.Mackey@utc.wa.gov

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All proposals received will remain confidential until the contract, if any, resulting from this RFQQ is signed by the Executive Director and Secretary of the AGENCY and the apparent successful Contractor; thereafter, the proposals will be deemed public records as defined in RCW 42.17.250 to .340, “Public Records.”

Any information in the proposal that the Vendor desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.17.250 to .340 must be clearly designated. Both the page and the particular exception from disclosure upon which the Vendor is making the claim must be identified. 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 Vendor’s request for exemption from disclosure; however, the AGENCY will make a decision predicated upon Chapter 42.17 RCW and Chapter 143-06 of the Washington Administrative Code. Marking the entire proposal exempt from disclosure will not be honored. The Vendor 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 Vendor has been given an opportunity to seek a court injunction against the requested disclosure.

No fee will be charged for inspection of contract files, but twenty-four (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 RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be provided via e-mail to all individuals, who have made the RFP Coordinator aware of their interest. Addenda will also be published on Washington’s Electronic Business Solution (WEBS) For this purpose, the published questions and answers and any other pertinent information shall be provided as an addendum to the RFP and will be placed on the website.

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

2.6 MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION

In accordance with chapter 39.19 RCW, the state of Washington 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.

However, no preference will be included in the evaluation of proposals, no minimum level of MWBE participation will be required as a condition for receiving an award, and proposals will not be rejected or considered non-responsive on that basis.

The established annual procurement participation goals for MBE is 10% and for WBE, 4%, for this type of project. These goals are voluntary. For information on certified firms, consultants may contact OMWBE at 360/753-9693 or http://www.omwbe.wa.gov.

2.7 2.7 ACCEPTANCE PERIOD

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

2.8 RESPONSIVENESS

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

https://pr-webs-vendor.des.wa.gov/ https://pr-webs-vendor.des.wa.gov/ http://www.omwbe.wa.gov/

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

2.9 MOST FAVORABLE TERMS

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

The Apparent Successful Contractor should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or all of the Consultant’s proposal. It is understood that the proposal will become a part of the official procurement file on this matter without obligation to the AGENCY.

2.10 CONTRACT AND GENERAL TERMS & CONDITIONS

The apparent successful contractor will be expected to enter into a contract which is substantially the same as the sample contract and its general terms and conditions attached as Exhibit B. 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 form, Exhibit A to this solicitation. All exceptions to the contract terms and conditions must be submitted as an attachment to Exhibit A, Certifications and Assurances form. The AGENCY will review requested exceptions and accept or reject the same at its sole discretion.

2.11 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 RFP, in conduct of a presentation, or any other activities related to responding to this RFP

2.12 NO OBLIGATION TO CONTRACT

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

2.13 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 RFP.

2.14 COMMITMENT OF FUNDS

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

2.15 ELECTRONIC PAYMENT

The state of Washington prefers to utilize electronic payment in its transactions. The successful contractor will be provided a form to complete with the contract to authorize such payment method.

2.16 INSURANCE COVERAGE

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The Contractor is to furnish the Agency with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below.

The Contractor shall, at its own expense, obtain and keep in force insurance coverage which shall be maintained in full force and effect during the term of the contract. The Contractor shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and a copy shall be forwarded to the Agency within fifteen (15) days of the contract effective date.

Liability Insurance

1) Commercial General Liability Insurance: Contractor shall maintain commercial general liability

(CGL) insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $1,000,000 per each occurrence. If CGL insurance contains aggregate limits, the General Aggregate limit shall be at least twice the “each occurrence” limit. CGL insurance shall have products-completed operations aggregate limit of at least two times the “each occurrence” limit.

CGL insurance shall be written on ISO occurrence from CG 00 01 (or a substitute form providing equivalent coverage). All insurance shall cover liability assumed under an insured contract (including the tort liability of another assumed in a business contract) and contain separation of insureds (cross liability) condition.

Additionally, the Contractor is responsible for ensuring that any subcontractor provide adequate insurance coverage for the activities arising out of subcontracts.

2) Business Auto Policy: As applicable, the Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit not less than $1,000,000 per accident. Such insurance shall cover liability arising out of “Any Auto.” Business auto coverage shall be written on ISO form CA 00 01, 1990 or later edition, or substitute liability form providing equivalent coverage.

Employers Liability (“Stop Gap”) Insurance: In addition, the Contractor shall buy employers liability insurance and, if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by disease.

Additional Provisions

Above insurance policy will include the following provisions:

1. Additional Insured. The state of Washington, [agency name], its elected and appointed officials, agents and employees will be named as an additional insured on all general liability, excess, umbrella and property insurance policies. All insurance provided in compliance with this contract will be primary as to any other insurance or self-insurance programs afforded to or maintained by the state.

2. Cancellation. State of Washington, [agency name], will be provided with written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. Insurers subject to 48.18 RCW (Admitted and Regulation by the Insurance Commissioner): The insurer will give the state 45 days advance notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the state will be given 10 days’ advance notice of cancellation. Insurers subject to 48.15 RCW (Surplus lines): The state will be given 20 days advance notice of cancellation. If cancellation is due to non-payment of premium, the state will be given 10 days’ advance notice of cancellation.

3. Identification. Policy must reference the state’s contract number and the agency’s name.

4. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted doing business within the state of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best’s Reports. Any exception shall be reviewed and approved by Utilities and Transportation Commission Risk Manager, or the Risk Manager for the state of Washington, before the contract is accepted or work may begin. If an insurer is not admitted, all

UTC RFP No. 27-PS-03 Page 10 of 35 insurance policies and procedures for issuing the insurance policies must comply with Chapter

48.15 RCW and 284-15 WAC

5. Excess Coverage. By requiring insurance herein, the state does not represent that coverage, and limits will be adequate to protect Contractor, and such coverage and limits will not limit Contractor’s liability under the indemnities and reimbursements granted to the state in this contract.

Workers’ Compensation Coverage

The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. The state will not be held responsive in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract.

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3. PROPOSAL CONTENTS

ELECTRONIC PROPOSALS:

Proposals must be written in English and submitted electronically to the RFP Coordinator in the order noted below:

1. Letter of Submittal, including signed Certifications and Assurances (Exhibit A to this RFP);

and

2. Technical Proposal; and

3. Management Proposal; and,

4. Cost Proposal.

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 marked “mandatory” must be included as part of the proposal for the proposal to be considered responsive, however, these items are not scored. Items marked “scored” are those that are awarded points as part of the evaluation conducted by the evaluation team.

3.1. LETTER OF SUBMITTAL (MANDATORY)

The Letter of Submittal and the attached Certifications and Assurances form (Exhibit A to this RFP) 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. Along with introductory remarks, the Letter of Submittal is to include by attachment the following information about the Consultant and any proposed subcontractors:

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

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

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

4. Federal Employer Tax Identification number or Social Security number and the Washington Uniform Business Identification (UBI) number issued by the state of Washington Department of Revenue. If the Consultant does not have a UBI number, the Consultant must state that it will become licensed in Washington within thirty (30) calendar days of being selected as the Apparently Successful Contractor.

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

6. Identify any state employees or former state employees employed or on the firm’s governing board as of the date of the proposal. Include their position and responsibilities within the Consultant’s organization. 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.

3.2. TECHNICAL PROPOSAL (SCORED)

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

A. Project Approach/Methodology – Include a complete description of the Consultant’s proposed approach and methodology for the project. This section should convey Consultant’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 RFP. This section of the technical proposal must contain sufficient detail to convey to members of the evaluation team the Consultant’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of AGENCY staff. The Consultant 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 Consultants propose to achieve as a result of the delivery of these services including how these outcomes would be monitored, measured and reported to the state agency.

E. Risks - The Consultant must identify potential risks that are considered significant to the success of the project. Include how the Consultant would propose to effectively monitor and manage these risks, including reporting risks to the AGENCY’S 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, Objectives and Scope of Work.

3.3. MANAGEMENT PROPOSAL

A. Project Management (SCORED)

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

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

B. Experience of the Consultant (SCORED)

1. Indicate the experience the Consultant and any subcontractors have in the following areas associated with

UTC RFP No. 27-PS-03 Page 13 of 35 a.Provide a detailed description of the proposed project team structure and internal controls to use during the course of the project, including any subcontractors.

b. Describe in detail the firm’s recent experience with providing technical court reporting services.

2. Indicate other relevant experience that indicates the qualifications of the Consultant, and any subcontractors, for the performance of the potential contract.

3. Include a list of contracts the Consultant has had during the last five years that relate to the Consultant’s ability to perform the services needed under this RFP. List contract reference numbers, contract period of performance, contact persons, telephone numbers, and fax numbers/e-mail addresses.

C. Related Information (MANDATORY)

1. If the Consultant or any subcontractor contracted with the state of Washington during the past 24 months, indicate the name of the agency, the contract number and project description and/or other information available to identify the contract.

2. If the Consultant’s staff or subcontractor’s staff 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.

3. 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.

4. 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.

D. References (MANDATORY)

List names, addresses, telephone numbers, and fax numbers/e-mail addresses of three (3) business references for the Consultant and three (3) business references for the lead staff person for whom work has been accomplished and briefly describe the type of service provided.

Do not include current AGENCY staff as references. By submitting a proposal in response to this Work Request, the vendor and team members grant permission to AGENCY to contact these references and others, who, from AGENCY’s perspective, may have pertinent information. AGENCY may or may not, at AGENCY’s discretion, contact references. The AGENCY may evaluate references at the AGENCY’S discretion.

E. OMWBE Certification (OPTIONAL AND NOT SCORED)

Include proof of certification issued by the Washington State Office of Minority and Womens Business Enterprises (OMWBE) if certified minority-owned firm and/or women-owned firm(s) will be participating on this project. For information: http://www.omwbe.wa.gov.

F. WORKERS’ RIGHT CERTIFICATION

http://www.omwbe.wa.gov/

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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), the AGENCY will evaluate bids for best value and provide a bid preference in the amount of 5 points to any bidder who certifies, pursuant to the certification attached as Attachment C

– Bidder Certification for Executive Order 18-03 – Workers’ Rights, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration or class or collective action waiver.

G. WAGE THEFT CERTIFICATION

Bidder must complete and return with their Proposal submission Attachment D – Wage Theft Certification. Pursuant to legislative enactment in 2017, the Bidder shall certify that the Bidder has not willfully violated Washington’s wage laws.

3.4. COST PROPOSAL

Bidder must attach a list of services offered. Costs should be in price per unit. Rates must be good for two years from the start date of this contract, in the 3rd year of the contract (and at the discretion of the AGENCY) the Bidder will be allowed to provide an updated price sheet. Subject to approval by the AGENCY, the Apparent Successful Bidder may expand services as they become available by requesting and receiving approval from the AGENCY to add the new services and prices to the Bidder’s rate sheet on file.

NOTE: Although cost is a consideration when selecting the Apparent Successful Bidder, the evaluation process is designed to award this procurement not necessarily to the Bidder of least cost, but rather to the Bidder whose Proposal best meets the requirements of this RFP.

A. Identification of Costs (SCORED)

Identify all costs in U.S. dollars including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. The Consultant is to submit a fully detailed budget including staff costs and any expenses necessary to accomplish the tasks and to produce the deliverables under the contract. Consultants are required to collect and pay Washington state sales and use taxes, as applicable.

Costs for subcontractors are to be broken out separately. Please note if any subcontractors are certified by the Office of Minority and Women’s Business Enterprises.

B. Computation

The score for the cost proposal will be computed by dividing the lowest cost bid received by the Consultant’s total cost. Then the resultant number will be multiplied by the maximum possible points for the cost section.

https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717 https://www.governor.wa.gov/sites/default/files/exe_order/18-03%20-%20Workers%20Rights%20%28tmp%29.pdf?=32717

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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.

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

The RFP Coordinator may contact the Consultant for clarification of any portion of the Consultant’s proposal.

4.2. EVALUATION WEIGHTING AND SCORING

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

Technical Proposal – 40%

Project Approach/Methodology 10 points (maximum) Quality of Work Plan 10 points (maximum) Project Schedule 10 points (maximum) Project Deliverables 10 points (maximum)

40 points

Management Proposal – 40%

Project Team Structure and Internal Controls 10 points (maximum) Staff Qualifications/Experience 10 points (maximum) Experience of the Consultant 10 points (maximum) OMWBE Certified 10 points (maximum)

40 points

Cost Proposal – 20%

20 points

TOTAL

100 POINTS

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. ORAL PRESENTATIONS MAY BE REQUIRED

The AGENCY may, after evaluating the written proposals, elect to schedule oral presentations of the finalists. Should oral presentations become necessary, the AGENCY will contact the top-scoring firm(s) from the written evaluation to schedule a date, time and location. Commitments made by the Consultant at the oral interview, if any, will be considered binding.

CHOICES FOR ORAL SCORING:

The oral presentation will determine the apparent successful contractor. OR The scores from the written evaluation and the oral presentation combined together will determine the apparent successful contractor.

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4.4. NOTIFICATION TO PROPOSERS

The AGENCY will notify the Apparently Successful Contractor of their selection in writing 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 or facsimile.

4.5. DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Any Consultant who has submitted a proposal and been notified that they have not been selected for contract award may request a debriefing. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the Unsuccessful Consultant Notification is e-mailed or faxed to the Consultant. Debriefing requests must be received by the RFP Coordinator no later than 5:00 PM, local time, in Olympia, Washington on the third business day following the transmittal of the Unsuccessful Consultant Notification. 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 firms’ proposal; and

• Critique of the proposal based on the evaluation; and

• Review of proposer’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

Protests may be made only by 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 (3) business days to file a protest of the acquisition with the RFP Coordinator. Protests must be received by the RFP Coordinator no later than 5:00 PM, local time, in Lacey, Washington on the third business day following the debriefing. Protests may be submitted by e-mail or facsimile 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 RFP Coordinator, and signed by the protesting party or an authorized Agent. The protest must state the RFP 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 an evaluator; and

• Errors in computing the score; and

• 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) AGENCY’S assessment of its own and/or other agencies’ needs or requirements.

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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 (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 Consultant that also submitted a proposal, such Consultant will be given an opportunity to submit its views and any relevant information on the protest to the RFP Coordinator.

The final determination of the protest shall:

• Find the protest lacking in merit and uphold the 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:

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

--Reissue the solicitation document and begin a new process, or

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

If the 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.

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5. ___________________________________________________ RFP Attachments

Attachment A Certifications and Assurances

Attachment B Personal Service Contract Format including General Terms and Conditions (GT&Cs)

Attachment C Bidder Certification for Executive Order 18-03 – Workers’ Rights+

Attachment D Wage Theft Certification

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Attachment 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. 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.

3. 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.

4. In preparing this proposal, I/we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this proposal or prospective 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.

5. 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.

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

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

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

9. I/we grant the AGENCY the right to contact references and others who may have pertinent information regarding the ability of the Consultant and the lead staff person to perform the services contemplated by this RFP.

10. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separately attached page.

We (circle one) are / are not submitting proposed Contract exceptions. (See Section 2.10, Contract and General Terms and Conditions.) If Contract exceptions are being submitted, I/we have attached them to this form.

On behalf of the Consultant submitting this proposal, my name below attests to the accuracy of the above statement. If electronic, also include We are submitting a scanned signature of this form with our proposal.

Signature of Proposer

Title Date

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UTC RFP No. 27-PS-03 Page 21 of 35

Attachment B

CONTRACT FOR SERVICES

BETWEEN

THE STATE OF WASHINGTON

<INSERT AGENCY NAME>

AND

This Contract is made and entered into by and between the state of Washington, <Insert Agency Name>, hereinafter referred to as the "AGENCY", and the below named firm, hereinafter referred to as

“CONTRACTOR,”

(Contractor Name)

(Address)

(City, State Zip)

Phone:

Email:

Federal ID No.:

WA State UBI No.:

PURPOSE

The purpose of this contract is to

SCOPE OF WORK

The CONTRACTOR will provide services, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

Option 1: Identify all tasks, work elements and objectives of the contract, and timetables by which major parts of the work are to be completed. The scope of work may be included within the text of the contract or attached as a separate exhibit as shown in Option 2 below.

Option 2: as included in the CONTRACTOR’s Proposal dated ______________ attached as Exhibit B, and the AGENCY’S Request for Proposals attached as Exhibit C.

Exhibit A contains the General Terms and Conditions governing work to be performed under this contract, the nature of the working relationship between the AGENCY and the CONTRACTOR, and specific obligations of both parties.

The CONTRACTOR shall produce the following written reports or other written documents (deliverables) by the dates indicated below:

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All written reports required under this contract must be delivered to , the Contract Manager, in accordance with the schedule above.

PERIOD OF PERFORMANCE

Subject to other contract provisions, the period of performance under this contract will be from ___________ or date of execution, whichever is later, through _______________, unless sooner terminated or extended as provided herein.

COMPENSATION AND PAYMENT

AGENCY shall pay an amount not to exceed ___________________________ Dollars ($_________) for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. CONTRACTOR'S compensation for services rendered shall be based on the following rates or in accordance with the following terms:

NOTE: List detail of compensation to be paid, e.g., hourly rates, number of hours per task, unit prices, cost per task, cost per deliverable, etc. Or reference documents that specify Contractor’s compensation and payment, e.g. Contractor’s compensation for services rendered shall be base don the schedule set forth in Exhibit B, Fees and Expenses.

NOTE: Expenses are optional. Do not include Expenses paragraph below if expenses are not allowable. If allowable, include only expenses which are appropriate for the contract.

Expenses: CONTRACTOR shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by the AGENCY as reimbursable. The maximum amount to be paid to the CONTRACTOR for authorized expenses shall not exceed $___________, which amount is included in the contract total above. Such expenses may include: airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel.

CONTRACTOR shall receive compensation for travel expenses at current state travel reimbursement rates.

BILLING PROCEDURES AND PAYMENT

NOTE: Payment can be based upon satisfactory acceptance of each deliverable, payment after completion of each major part of the contract, payment at conclusion of the contract, etc

AGENCY will pay CONTRACTOR upon receipt of properly completed invoices, which shall be submitted to the Contract Manager not more often than monthly. The invoices shall describe and document to the AGENCY'S satisfaction a description of the work performed, the progress of the project, and fees. To receive reimbursement, CONTRACTOR must provide a detailed breakdown of authorized expenses, identifying what was expended and when. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.

Payment shall be considered timely if made by the AGENCY within thirty (30) days after receipt of properly completed invoices. Payment shall be sent to the address designated by the CONTRACTOR.

The AGENCY may, in its sole discretion, terminate the contract or withhold payments claimed by the CONTRACTOR for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this contract.

No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AGENCY.

NOTE: Optional Provision – The AGENCY shall withhold ten percent (10%) from each payment until acceptance by the AGENCY of the final report (or completion of the project, etc.)

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CONTRACT MANAGEMENT

The Contract Manager for each of the parties…