Appendix D - Certifications and Assurances.docx

APPENDIX D – CERTIFICATIONS AND ASSURANCES AND CERTIFICATION OF WORKERS’ RIGHTS IN CONTRACTS (Executive Order 18-03)

Request for Proposals (RFP) No. 26-00006 Derelict Shellfish Gear Removal and Education

We make the following certifications and assurances as a required element of submitting this Proposal, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the solicitation are conditions precedent to the award or continuation of the resulting contract.

1. We have read, understand, and agree to abide by all information contained in the solicitation, all Exhibits, and incorporated documents.

2. The attached Proposal is a firm offer for a period of 90 days following the Proposal Due Date specified in the solicitation, and it may be accepted by WDFW without further negotiation (except where obviously required by lack of certainty in key terms) at any time within this period. In the case of a protest, our Proposal will remain valid for 90 days or until the protest and any related court action is resolved, whichever is later.

3. In preparing this Proposal, we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to the state's solicitation, or prospective Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this Proposal. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

4. We understand that the state of Washington will not reimburse us for any costs incurred in the preparation of this Proposal. All Proposals become the property of the state, and we claim no proprietary right to the ideas, writings, items or samples unless so stated in the Proposal. Submittal of the attached Proposal constitutes an acceptance of the evaluation criteria and an agreement to abide by the procedures and all other administrative requirements described in the solicitation.

5. We understand that any Contract awarded as a result of this Proposal will incorporate all solicitation requirements. Submittal of a Proposal and execution of this Certifications and Assurances document certify our willingness to comply with the Contract terms and conditions appearing in the solicitation, all Exhibits, and incorporated documents if selected as a Contractor. It is further understood that our standard Contract will not be allowed as a replacement for the terms and conditions appearing in the solicitation, all Appendices, and incorporated documents of this solicitation.

6. By submitting this Proposal, we hereby offer to furnish materials, supplies, services and/or equipment in compliance with all terms, conditions, and specifications contained in this solicitation.

7. We are not submitting any exceptions.

8. That neither we nor our “principals” (as defined in 49 CFR 29.105) are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency, or the state of Washington.

9. That we have NOT been determined by a final and binding citation and notice of assessment issued by the Washington 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 RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the solicitation date.

10. 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 Washington Department of Fish and Wildlife will evaluate bids for best value and provide a bid preference in the amount of 3% to any bidder who certifies, pursuant to the certification below that its 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.

11. I hereby certify, on behalf of the firm identified below, as follows (check one):

· NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This 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 waivers.

OR

· MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This firm requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

I hereby certify, under penalty of perjury under the laws of the state of Washington, that the certifications in this document herein are true and correct, and that I am authorized to make these certifications on behalf of the firm listed herein.

Firm Name:

Name of vendor – Print full legal entity name of firm

Doing business as (if applicable):

Printed Name: _________________________________ Date Signed: ________________________ Authorized person making certifications for firm

Place Signed:

Print city and state

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