27RQ002-WSAC-Faith Based CompSol.docx

COMPETITIVE SOLICITATION – NO. 27RQ002

FOR

ADVANCE TUITION PAYMENT AND

COLLEGE SAVINGS CONSULTING SERVICES CONTRACT

Interested bidders: On behalf of the Washington Student Achievement Council (“WSAC”), thank you for your interest in contracting with the State of Washington to provide goods/services. To ensure a fair and transparent procurement process that is open to all qualified vendors, Washington’s Procurement Code for Goods/Services (RCW 39.26) requires that this procurement be conducted through a competitive solicitation process.

This Competitive Solicitation and the resulting contract have unique features, requirements, and terminology, which are further explained in the Contracting Guide for Agency Contracts for Goods and Services (“Agency Contracting Guide”).

The Competitive Solicitation consists of this document and the exhibits included in the summary table attached as Appendix A – Summary Table of All Included Exhibits & the Required Bid Submittals.

Background WSAC is a cabinet level state agency working to raise educational attainment through strategic engagement, program management, and partnerships. Within the agency, WSAC leads on strategic policy development, research, and evaluation. WSAC administers several programs such as WA Grant, Regional Challenge Grant, Washington Education Savings Plans (WA529), GEAR UP, and College Bound and other access Initiatives. WSAC also serves the state with consumer protection duties and as an approval agency for veterans’ education and training. By statute, WSAC provides strategic planning, oversight, advocacy, and programs to support increased student success, and targeted workforce needs in Washington. Programs administered by WSAC includes those that provide state funds such as, financial aid to eligible students and professionals pursuing college credits, certificates, and degrees.

WSAC’s WA529 division offers two 529 education savings plans directly to the public: the GET Prepaid Tuition Plan (GET) and WA529 Invest. With GET, families purchase tuition units that are guaranteed to keep pace with in-state college tuition. WA529 Invest offers a wide range of flexible investment choices based on a student's age and an investor’s risk tolerance. Savings in both plans grow tax-deferred, and can be withdrawn tax-free to pay for qualified higher education expenses at nearly any public or private college in the country.

WSAC administers GET and WA529 Invest with oversight from the five-member WA529 Committee, which governs the plans and establishes program policies. WSAC self-manages GET’s operations; TIAA Tuition Financing Inc. manages WA529 Invest operations on behalf of WSAC. The Washington State Investment Board provides investment management services for GET; TIAA provides investment management services for WA529 Invest.

Recently, the WA529 Committee and WSAC have been notified of constituent interest in making a Shariah-compliant education savings option available to Washington families through the state’s 529 plan offerings. Over the past several months, the WA529 Committee and WSAC have been learning more about Islamic investing and faith- and values-aligned investing more broadly, including the issuance of an RFI in early 2026. This RFI identified multiple avenues of necessary exploration, including the need to establish a New Investment Inquiry Policy, which the WA529 Committee adopted June 3, 2026.

A key first step outlined in the New Investment Inquiry Policy is a needs assessment that includes the step of determining “if WA529 already offers a similar investment opportunity through one of its plans.” WSAC, in conjunction with TIAA have determined that there is not currently a Shariah-compliant investment option within WA529 Invest. WSAC has not been able to make a similar determination for GET due to the complex nature of this defined benefit program. For example, while GET’s underlying trust fund, managed by the Washington State Investment Board (WSIB), is invested in a mix of standard equity and fixed income instruments, program participants have no direct exposure to or investment direction over these investments. Further, a participant’s pre-purchased tuition benefits, which are contractually guaranteed by the State, are not at all connected to the market performance of the trust fund. Accordingly, WSAC is seeking consulting services to assist in this analysis.

This solicitation and project are intended to be exploratory and shall not be considered a promise by the State of Washington, WA529 Committee, or WSAC to make Shariah-compliant education savings options available to the public, nor an endorsement of Islamic investment principles.

WSAC is seeking a qualified firm with expertise in Islamic finance, Shariah compliance, investment analysis, and/or higher education savings programs to evaluate whether the State's GET (529) Prepaid Tuition Plan (GET) may be considered a Shariah-compliant option for Muslim families seeking to save for future qualified higher education expenses.

The selected consultant will conduct an independent assessment of GET's structure, operations, investment characteristics, contractual obligations, and applicable legal framework, and provide recommendations regarding its compatibility with generally accepted principles of Islamic finance.

Scope of Work

Consultant shall:

· Evaluate GET’s legal structure, governance, contractual relationship with program participants, and, if applicable, investment characteristics in the context of established principles of Islamic finance. A comprehensive review of the underlying investments in the GET trust fund would only be necessary to the extent that the consultant determines it is relevant to the analysis of Shariah-compliance from the end saver’s perspective.

· Identify any features of the program that may present concerns under commonly recognized Shariah standards.

· Assess whether GET could reasonably be considered a Shariah-compliant education savings option under the recognized standards and methodologies applied in the review.

· Identify any plan features that may present ambiguities or variations in interpretations among recognized Islamic scholars or Shariah standards that may affect the analysis.

· Identify any program participant-driven features, transactions, or refund provisions that could affect Shariah-compliance, if activated or otherwise initiated by the program participant.

· Recommend any further analysis, scholarly review, and/or certification procedures that may be available and advisable. Consultant should specifically state if it is feasible to seek formal certification from a recognized Shariah compliance governing or standards body and, if so, provide specific guidance on seeking such a certification.

· Recommend potential modifications, disclosures, or operational changes, if any, that could affect the program's compatibility with Islamic finance principles.

For a complete description of the Objectives and Scope, please see Exhibit B – Scored Non Cost Factors.

This Competitive Solicitation is organized into the following four sections and one appendix:

· Section 1 – Opportunity: Describes the opportunity for Bidders - i.e., what goods/services are being solicited; award type; number of awards; historical sales information; and historical purchasers.

· Section 2 – Competitive Solicitation Process: Describes the procurement process for this Competitive Solicitation.

· Section 3 –Submitting A Bid: Details how Bidders prepare and submit a bid.

· Section 4 – Bid Evaluation: Details how WSAC will review and evaluate bids to determine Contract awards.

· Appendix A: Summary Table of All Exhibits & the Required Bid Submittals.

· Section 5 – Doing Business with Washington State: Provides information pertaining to doing business with the State of Washington, including WSAC’s efforts to enable Washington’s small and diverse businesses to compete for and participate in state procurements for services.

SECTION 1 – OPPORTUNITY

This section identifies the services that Bidders will be bidding to supply if awarded a contract.

1.1. SCOPE OF INCLUDED SERVICES. WSAC is utilizing this Competitive Solicitation to solicit bids from innovative, qualified Bidders to provide expertise in Islamic finance, Shariah compliance, investment analysis, and/or higher education consulting services (“Consulting Services”) that, at a minimum, meet or exceed any mandatory minimum specifications for the Services and/or the mandatory minimum performance requirements for Bidders who are awarded a Contract as set forth in Exhibits D-Contract.

Contract Award Type. As detailed below in the Contract Award Summary Table, WSAC intends to make one Contract Award, to the highest scored, responsive, responsible Bidder.

SECTION 2 – COMPETITIVE SOLICITATION PROCESS

This section describes the procurement process for this Competitive Solicitation, including:

· Information about the purpose of the Competitive Solicitation;

· The form and term of the intended Contract;

· Important deadlines for this Competitive Solicitation;

· Information about the Pre-Bid Conference;

· Where to direct questions or concerns regarding the Competitive Solicitation;

· Limits on Bidder communications during the Competitive Solicitation process;

· Information about the complaint, debrief and protest process; and

· The process for potential amendments or modifications to the Competitive Solicitation.

2.1. PURPOSE OF THE COMPETITIVE SOLICITATION. The Competitive Solicitation is a required formal process for WSAC to receive competitive bids from interested Bidders to evaluate pursuant to described criteria and, as appropriate, award Contracts for specified Services that function as enterprise procurement solutions.

2.2. CONTRACT FORM & TERM. As set forth in Exhibit D – Contract, the Contract term is up to six (6) months. Bidders must specify prices for the six (6) months of the Contract term. The Contract is subject to earlier termination.

2.3. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

COMPETITIVE SOLICITATION DEADLINES

at 10:00 a.m. (Pacific Time) Attend via Microsoft Teams Weblink: Microsoft Teams meeting Join: https://teams.microsoft.com/meet/246841772753223?p=d66Sbu0oquhf9xDGZi Meeting ID: 246 841 772 753 223

Password: W8Ns9Dr7 Dial in by phone +1 564-999-2000,,3697591# United States, Olympia

(833) 322-1218,,3697591# United States (Toll-free)

11:59 pm (Pacific Time)

11:59 pm (Pacific Time)

Note: As required by Washington law, this Competitive Solicitation is posted to Washington’s Electronic Business Solution (“WEBS”). See RCW 39.26.150. Interested Bidders must register in WEBS. In the event there are amendments to this Competitive Solicitation, WSAC will post such amendments to WEBS. Similarly, in the event of any timely Bidder questions (i.e., questions raised during the Pre-Bid Conference or the Question & Answer Period), WSAC will post written responses to such questions to WEBS.

2.4. PRE-BID CONFERENCE. WSAC will host a virtual Competitive Solicitation Pre-Bid Conference at the date and time set forth in Section 2.3, above. Bidders are encouraged to attend and participate, but attendance is not mandatory.

The Pre-Bid Conference is intended to:

· Familiarize Bidders with Washington’s requirements for governmental procurements of goods/services through Enterprise Procurement Solution Contracts;

· Explain the Competitive Solicitation; and

· Allow Bidders to raise questions or concerns regarding the Competitive Solicitation.

As practicable, WSAC will address Bidder questions or concerns that are raised during the Pre-Bid Conference at that time. Nonetheless, to ensure fairness to all potential Bidders, WSAC will identify Bidder questions or concerns asked during the Pre-Bid Conference and the Procurement Coordinator will provide an official response in the question and answer period. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the Pre-Bid Conference is available with prior arrangement by contacting the Procurement Coordinator.

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

· NAME: MARK VESSEY

· Email: RFPCoordinator@wsac.wa.gov The Procurement Coordinator will answer Bidder questions in writing posted to Washington’s Electronic Business Solution (WEBS). Bidders are encouraged to submit questions regarding the Competitive Solicitation as early in the process as possible to allow the Procurement Coordinator to consider and respond.

Note: If Bidders have questions or concerns regarding the Contract (see Exhibit D – Contract), Bidders must raise such questions or concerns, in writing, to the Procurement Coordinator before the Deadline for Submitting Questions stated in Section 2.1, above. WSAC does not intend to negotiate substantive terms and conditions pertaining to the resulting Contracts at Contract award.

2.6. BIDDER COMMUNICATION DURING COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all Bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator. Bidders should rely ONLY on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding. Unauthorized Bidder contact regarding this Competitive Solicitation with other state employees or Purchasers involved with the Competitive Solicitation may result in Bidder disqualification.

2.7. COMPLAINTS, DEBRIEFS, & PROTESTS. This Competitive Solicitation and resulting Contract awards are subject, as applicable, to complaints, debriefs, and protests as explained in the Agency Contracting Guide, which may impact the dates set forth above. As stated in the Agency Contracting Guide,

· Bidder complaints and debrief requests must be emailed to the Procurement Coordinator referenced in Section 2.5, above.

· Protests, however, must be sent to the Protest Officer stated below.

PO Box 43430 Olympia, WA 98504

· The email message must include “Protest” and the Solicitation number in the subject line of the email message.

2.8. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. WSAC reserves the right to amend and modify this Competitive Solicitation. Only Bidders who properly have registered and downloaded this Competitive Solicitation directly via the Washington Electronic Business Solution (WEBS) will receive subsequent notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Bidders must be registered in WEBS to be awarded a Contract. Visit WEBS to register.

SECTION 3 – SUBMITTING A BID

This section identifies how to prepare and submit your bid to WSAC for this Competitive Solicitation. In addition, Bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that Bidders must provide to WSAC to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, Bidders acknowledge having read and understood the entire Competitive Solicitation, including the Agency Contracting Guide, and accept all information contained within this Competitive Solicitation.

3.1. BID FORMAT. Required Bid Submittals must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by WSAC, Required Bid Submittals and permitted ancillary documents must be prepared and delivered in MS Word, MS Excel, or Adobe PDF. Where required to do so, Bidders may sign Required Bid Submittals using either a physical or electronic signature.

3.2. PRICING. Bidders must identify and include all cost elements in their pricing. In the event that Bidder is awarded a Contract, the total price for the Services shall be Bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

3.3. SUBMITTING BIDS. Bidders must email Required Bid Submittals to RFPCoordinator@wsac.wa.gov. Please note:

· Bidder’s email, including all attachments, must not exceed 30MB in size.

· WSAC will not accept or open zipped files.

· WSAC will acknowledge bid receipt by responsive email. If Bidder does not receive such acknowledgement within five (5) business days, Bidder must contact the Procurement Coordinator to confirm acknowledgement of bid receipt. Acknowledgement of bid receipt is not a determination on the bid’s responsiveness.

· WSAC will only accept one bid response per firm/individual.

ADDITIONAL BID SUBMITTALS. Bidders may not provide unsolicited materials. For any supplemental materials expressly required by WSAC in writing, Bidders must identify such supplemental materials with Bidder’s name. Bidders may only submit one bid per firm.

3.4. PUBLIC RECORDS. Submitted bids and any supplemental Bidder materials pertaining to this Competitive Solicitation are subject to Washington’s Public Records Act (RCW 42.56).

SECTION 4 – BID EVALUATION

This section identifies how WSAC will evaluate bids for this Competitive Solicitation.

4.1. OVERVIEW. WSAC will evaluate bids for this Competitive Solicitation as described below.

· Bid Review: WSAC will review bids to determine bid responsiveness as stated in Section 4.2, below.

· Bid Evaluation: WSAC will evaluate responsive bids as stated in Sections 4.3 – 4.5, below.

· Procurement Authority Discretion. WSAC reserves the right to:

a) Request Bidder clarification regarding any bid;

b) Waive any informality;

c) Reject any or all bids, or portions thereof;

d) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or

e) Negotiate with the lowest responsive and responsible Bidder(s) to determine whether such bids can be improved.

WSAC will use the following process and evaluation criteria to determine eligibility for a Contract award:

See Section 4.2, below

Review Bidder’s Required Bid Submittals to determine whether Bidder’s bid is responsive to the Competitive Solicitation Pass/Fail

Exhibit D – Contract Review whether Bidder’s Goods/Services and/or Bidder’s performance capability meets the mandatory minimum performance specifications for the Competitive Solicitation Pass/Fail

See Section 4.3, below

Exhibit B – Scored Non-Cost Scored Factors Evaluate and score Bidder’s response to stated non-cost factors including, as applicable, Bidder’s Goods/Services and/or Bidder’s performance capability that exceeds mandatory minimum performance specifications for the Competitive Solicitation

Exhibit C – Cost Proposal Evaluate and score Bidder’s cost factors

See Section 4.4, below

See Section 4.5, below

Bidder Responsibility Analysis Review and determine Bidder responsibility Pass/Fail

See Section 4.6, below

See Section 4.7, below

See Section 4.8, below

4.2. BID RESPONSIVENESS (STEP 1). WSAC will review bids – on a pass/fail basis – to determine whether the bid complies with the Competitive Solicitation requirements and, therefore, is ‘responsive.’ If WSAC determines that a bid is nonresponsive, WSAC will reject the bid and notify the Bidder, in writing, that the bid is nonresponsive. Such written notification will include a brief explanation as to why the bid is nonresponsive.

WSAC, in its discretion, may waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to Bidders.

Consistent with the Washington State Legislature’s policy goals to reduce barriers to competition and increasing opportunities for small businesses to contract with state agencies, WSAC, in its discretion, may clarify a Bidder’s bid that is in substantial compliance with the instructions. Clarifications are intended to ensure that the bids are complete and can be evaluated fairly.

· REVIEW BIDDER’S REQUIRED BID SUBMITTALS (STEP 1A). WSAC will review each bid to determine whether:

· The bid is complete – i.e., does Bidder’s bid include each of the Required Bid Submittals as stated in Appendix A – Summary Table of All Exhibits & the Required Bid Submittals;

· Bidder’s Required Bid Submittals are complete, consistent with the instructions, signed, and legible; and

· Bidder’s certifications, as provided by Bidder in Bidder’s submitted Exhibit A – Bidder’s Certification, constitute a responsive bid.

· REVIEW MINIMUM REQUIRED PERFORMANCE REQUIREMENTS (STEP 1B). WSAC will review each bid to determine whether Bidder’s Goods/Services and/or Bidder’s performance capability meets the minimum required specifications and/or performance requirements stated in Exhibit D – Contract. Note: WSAC reserves the right to request additional Bidder information or perform tests and measurements before selecting Apparent Successful Bidders. If Bidder fails to provide such requested information to WSAC within five (5) business days, Bidder may be disqualified.

4.3. BID EVALUATION: SCORED FACTORS (STEP 2). WSAC will evaluate and score responsive bids as specified below and as set forth in the referenced exhibits. Note: It is imperative that Bidder’s Required Bid Submittals comply with the instructions set forth in the exhibits.

· NON-COST FACTORS (STEP 2A). WSAC will evaluate and score the specified non-cost factors stated in Exhibit B – Scored Non-Cost Factors by evaluating and scoring Bidder’s response – i.e., Bidder’s Services and/or Bidder’s performance capability that exceeds the stated minimum required performance specifications. Note: WSAC reserves the right to request additional Bidder information or perform tests and measurements before selecting Apparent Successful Bidder(s). If Bidder fails to provide such requested information to WSAC within five (5) business days, Bidder may be disqualified.

· COST FACTORS – BID PRICING (STEP 2B). WSAC will evaluate and score Bidder’s cost factors, as provided by Bidder in Bidder’s Exhibit C – Cost Proposal, example as follows:

The bid with the lowest total evaluation price will receive 250 points. Bids with a higher evaluation price will receive proportionately fewer evaluation points based upon the bid with the lowest total evaluation price, using the following formula:

Lowest total bid evaluation price divided by a higher total bid evaluation price (i.e., the bid that is being evaluated) multiplied by the total number of available points equals the cost factor evaluation points. Points will be rounded to three places to the right of the decimal point using standard rounding method.

Sample Calculation:

Using Bidder A = $50,000 (lowest total evaluation price) and Bidder B = $55,000 Bid B calculation: $50,000 (Bidder A, lowest total evaluation price) / $110,000 (Bidder B’s evaluation price) = 0.909 x 250 (maximum points available) = 227.27.

Bidder A is the bid with the lowest total bid evaluation price, so it would be assigned the maximum available points, 250 points. Bidder B would be assigned 227.27 points based on the formula above.

4.4. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 3). This Competitive Solicitation is subject to the Washington state procurement priorities and/or preferences stated below (collectively, “Washington Procurement Priorities for Services Contracts”). Accordingly, WSAC will evaluate Bidder’s bid to determine (a) whether Bidder is requesting to be considered for such Washington Procurement Priorities for Services Contracts; and (b) whether Bidder’s bid qualifies for such Washington Procurement Priorities for Services Contracts. WSAC will score qualifying bids and adjust Bidder’s total evaluation score accordingly.

· PROCUREMENT PREFERENCE FOR BIDDER COMPLIANCE WITH EXECUTIVE ORDER 18-03. WSAC will provide a bid preference in the amount of 25 points to Bidders who certify, pursuant to Exhibit A – Bidder’s Certification, that Bidder complies with Executive Order 18-03.

· WASHINGTON SMALL BUSINESSES. In furtherance of Washington’s business inclusion goals WSAC will evaluate bids for best value and will provide a bid preference in the amount of 50 points to any bidder who certifies, pursuant to Exhibit A – Bidder’s Certification, that Bidder qualifies as a ‘Washington Small Business’ as set forth in Exhibit A – Bidder’s Certification.

· CERTIFIED VETERAN-OWNED BUSINESSES. In furtherance of Washington’s business inclusion goals, WSAC will evaluate bids for best value and will provide a bid preference in the amount of 25 points to any bidder who certifies, pursuant to Exhibit A – Bidder’s Certification, that Bidder qualifies as a Washington Department of Veterans’ Affairs Certified Veteran-Owned Business.

4.5. DEMONSTRATION INTERVIEW (if applicable) (STEP 4). WSAC may invite the Bidder(s) with the top-scored proposals to demonstrate/interview with the evaluation committee. All key personnel will be required to participate in the demonstration/interview process. WSAC will contact the Bidder(s) to schedule a date and time for demonstration/interview. Bidder is encouraged to secure the date(s) indicated in Competitive Solicitation Section 2.3. WSAC will provide further instruction at the time of scheduling demonstrations/interviews. Prior points are not cumulative and will be reset to zero. There will be a maximum of 200 points awarded based on Bidder’s presentation/interview.

4.6. BIDDER RESPONSIBILITY DETERMINATION (STEP 5). The Washington State Legislature requires that Washington state agencies award contracts for goods/services only to ‘responsible bidders.’ See RCW 39.26.160(2). Accordingly, to be eligible to be considered for a Contract award resulting from this Competitive Solicitation, WSAC must determine that Bidder is a ‘responsible bidder.’ Accordingly, WSAC will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, WSAC will consider the following:

· Bidder’s certifications as provided in Bidder’s Exhibit A – Bidder’s Certification;

· Bidder’s ability, capacity, and skill to perform the Contract or provide the Goods/Services;

· Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

· Bidder’s ability to perform the Contract within the time specified;

· Bidder’s performance quality pertaining to previous contracts or services;

· Bidder’s compliance with laws relating to the Contract or services;

· Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, Bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

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

In addition, WSAC may consider the following:

· Financial Information: WSAC may request financial statements, credit ratings, references, record of past performance, clarification of Bidder’s bid, on-site inspection of Bidder's or subcontractor's facilities, or other information as necessary to determine Bidder’s capacity to perform and the enforceability of Bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

· References: WSAC reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a Bidder as non-responsible.

WSAC reserves the right to request bidder responsibility information from Bidder. If Bidder fails to provide such information to WSAC within five (5) business days, Bidder may be disqualified.

4.7. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDERS (STEP 6). WSAC will determine the Apparent Successful Bidders (“ASBs”). The ASBs will be the responsive and responsible Bidders who best meet the Competitive Solicitation requirements and present the best total value based on the evaluation criteria stated above.

· ASB designation does not imply that WSAC will issue a Contract award. Rather, this designation allows WSAC to perform further analysis and ask for additional documentation. Bidders must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a Bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

· Upon announcement of ASBs, Bidders may request a debrief conference as specified in the Agency Contracting Guide.

4.8. BID INFORMATION AVAILABILITY (STEP 7). Upon WSAC’ announcement of ASB:

· All bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2).

· Upon WSAC’ announcement of ASB, WSAC will post all bid evaluations to WSAC’ website. In addition, WSAC intends to post winning bid submissions to its webpage after Contract awards.

4.9. CONTRACT AWARDS (STEP 8). Subject to protests, if any, WSAC and the ASB will enter into a Contract as set forth in Exhibit D – Contract. An award, in part or full, is made, and a contract formed by signature of WSAC and an awarded Bidder on the Contract. Following Contract awards, all Bidders registered in WEBS will receive a Notice of Award delivered to the Bidder’s email address provided in Bidder’s WEBS profile.

4.10. ADDITIONAL AWARDS. WSAC reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible Bidders who provided a bid but who were not awarded a Contract. Such awards would be on the same or substantially similar terms and conditions and would be designed to address an awarded Contractor vacancy (e.g., an awarded contractor is terminated or goes out of business), respond to Purchaser needs, or be in the best interest of the State of Washington.

APPENDIX A – SUMMARY TABLE OF ALL INCLUDED EXHIBITS & THE REQUIRED BID SUBMITTALS This Competitive Solicitation includes each of the exhibits identified below in the Summary Table of All Included Exhibits & Required Bid Submittals. The Summary Table also identifies required bid submittal and what actions, if any, Bidders timely must complete as part of a responsive bid submission.

BID

SUBMITTAL

Exhibit A – Bidder’s Certification Identifies required information that Bidder must provide and states required Bidder certifications.

Required

Exhibit B – Scored Non-Cost Factors Identifies scored performance requirements for Bidder’s Goods/Services and/or Bidder’s performance capability that exceed the minimum required specifications set forth in Exhibit D – Contract and provides Bidders an opportunity to compete to demonstrate additional value that will be evaluated and scored.

Bidder must complete Exhibit B – Scored Non-Cost Factors, as specified therein, and submit it as part of Bidder’s bid.

Note: Awarded Bidders who receive evaluation points for any included Non-Cost Scored Performance Specifications will be required to include such additional performance specifications for Bidder’s Goods/Services and/or Bidder’s Performance in the awarded Contract.

Yes Required

Exhibit C – Cost Proposal Provides the template and bid pricing information that Bidders must use to provide bid pricing.

Required

Exhibit D – Contract Provides the Contract form that awarded Bidders will execute with WSAC.

Bidder must review Exhibit D – Contract and timely submit to the Procurement Coordinator, in writing, any issues pertaining to the Contract terms and conditions during the Question & Answer Period.

Note: Bids that are subject to Contract modifications that WSAC has not agreed to and that WSAC has not included in an amended/revised Exhibit D – Contract, posted to WEBS, will be rejected as nonresponsive.

No

Exhibit E – Bidder’s Contract Issues List Provides Bidders an opportunity to identify Bidder’s issues and proposed resolution/solution if Bidder has any business concerns with the Contract form stated in Exhibit D – Contract.

Exhibit F – Bidder’s Diverse Business Inclusion Plan – Subcontractors Provides Bidders who, if awarded a Contract, intend to utilize subcontractors to perform the Contract, an opportunity to identify Bidder’s intended subcontractors.

Bidder Contracting Guide for Agency Contracts for Goods and Services Provides Bidder information regarding procurements for Enterprise Procurement Solution Contracts including how to submit a complaint, debrief conference request, and protest.

SECTION 5 – DOING BUSINESS WITH THE STATE OF WASHINGTON

This section provides additional information regarding Washington’s Public Records Act and doing business with the State of Washington, including WSAC’s efforts to enable Washington’s small, diverse, and veteran-owned businesses to compete for and participate in state procurements for goods/services.

6.1. WASHINGTON’S PUBLIC RECORDS ACT – PUBLIC RECORDS DISCLOSURE REQUESTS.

· All documents (written and electronic) submitted to WSAC as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See RCW 42.56, Public Records Act. WSAC strongly discourages Bidders from unnecessarily submitting sensitive information (e.g., information that Bidder might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

· If, in Bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of Bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that Bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

· In addition, if, in Bidder’s judgment, certain portions of Bidder’s bid are not statutorily exempt from disclosure but are sensitive because these particular portions of Bidder’s bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that Bidder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of Bidder’s bid that include such sensitive information.

· In the event that WSAC receives a public records disclosure request pertaining to information that Bidder has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, WSAC, prior to disclosure, will do the following:

· WSAC’s Public Records Officer will review any records marked by Bidder as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, WSAC will redact or withhold the document(s) as appropriate.

· For documents marked ‘sensitive’ or for documents where WSAC either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, WSAC will notify Bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that WSAC intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the Bidder, at Bidder’s sole expense, timely obtains a court order enjoining WSAC from such disclosure. In the event Bidder fails to timely file a motion for a court order enjoining such disclosure, WSAC will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information and timely respond after notice of request for public disclosure has been given shall be deemed a waiver by Bidder of any claim that such materials are exempt or protected from disclosure.

· To submit a public records request. Send an email message to the Public Records Officer at the following email address: PublicRecordsOfficer@wsac.wa.gov. The email message must contain “Public Records Request” in the subject line.

6.2. SMALL & DIVERSE BUSINESSES. WSAC, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded Bidders. See, e.g., RCW 39.19 (OMWBE certified businesses); RCW 43.60A.200 (WDVA certified veteran-owned businesses); and RCW 39.26.005 (Washington small businesses). In support of the state’s economic goals and to support a diverse supplier pool, WSAC has established the following voluntary numerical goals for WSAC’s Competitive Solicitations:

· Ten percent (10%) Minority-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Six percent (6%) Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE);

· Five percent (5%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA); and

· Twenty-Five percent (25%) Washington Small Businesses, five percent (5%) of which are microbusinesses or minibusinesses as defined in RCW 39.26.010(16) and (17).

Achievement of these goals is encouraged whether directly or through subcontractors.

· OMWBE CERTIFICATION. Bidders may contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and Women-Owned certified firms, state and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at OMWBE.

· WDVA CERTIFICATION. Bidders may contact the Washington State Department of Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. The qualification requirements to be a Certified Veteran-Owned Business are set forth in Exhibit A – Bidder’s Certification.

· WASHINGTON SMALL BUSINESSES. Bidders may contact WSAC about small and diverse business inclusion and qualification as a Washington Small Business. If you qualify as a Washington Small Business, identify yourself as such in WEBS. Call WEBS Customer Service at 360-902-7400. The qualification requirements to self-certify as a Washington Small Business are set forth in Exhibit A – Bidder’s Certification.

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

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