Bidder's Questionnaire RFQQ K5055 11-6-24.docx

Bidder’s Questionnaire L&I RFQQ No. K5055 The Department of Labor and Industries Bidder’s Questionnaire Request for Qualifications and Quotes for Background Check Services

RFQQ K5055

Respond directly on this form. Please also see Solicitation RFQQ K5055 Preparing and Submitting A Bid.

Provide complete and concise responses. Do not use colored displays, promotional marketing materials, company brochures, links to external web sites, or corporate web pages in any response.

Response provided for each capability shall not exceed three (3) pages (8 1/2” X 11”, one-sided) unless, specifically noted otherwise.

Answers to all questions shall be in font size not smaller than Calibri, Arial or Times New Roman 11 point.

Company Website

Mailing Address

If Other, please explain:

Federal Tax Identification Number (TIN)

Bidding Firm/Organization:

Washington State Certified Minority/Woman Owned Business (MWBE), Veteran Owned

Certification Type(s):

Certification Number(s):

Bidding Firm/Organization:

Is your firm registered in WEBS as a self-certified Washington Small Business?

Tips for Small, Diverse and Veteran-Owned Businesses | Department of Enterprise Services (DES) (wa.gov)

Yes |_| No |_| If yes, select one below:

Subcontractor(s*): Washington State Certified Minority/Woman Owned Business (MWBE), Veteran Owned (*Add rows as needed to align with Subcontractor Inclusion Plan below.)

Certification Type(s):

Certification Number(s):

Subcontractor(s*): Is Subcontractor(s) registered in WEBS as a self-certified Washington Small Business?

Tips for Small, Diverse and Veteran-Owned Businesses | Department of Enterprise Services (DES) (wa.gov)

Yes |_| No |_| If yes, select one below:

Washington State Uniform Business Identification Number (UBI)

Bidder Representative Name & Title

Bidder Representative Phone Number(s)

Bidder Representative Email Address

1.2 PRIOR OR CURRENT- STATE OF WASHINGTON WORKING RELATIONSHIP

As of the date of this response:

1.2.1 BIDDING FIRM’S PROPOSED KEY TEAM RESOURCE(S)

If you answered “Yes” to either of the questions above, it is possible that under RCW 42.52 the person may not be assigned to work on the contract awarded as a result of this RFQQ. Contact the Coordinator with your questions. Provide the following information for each person with a current or previous State of Washington working relationship:

1.2.2 TEAM MEMBERS WITH A CURRENT/FORMER WASHINGTON STATE WORKING RELATIONSHIP

Name

Title

State Service Separation Date

Agency/Board/Commission Name

Contact Person

Contact Title

Although some points will be awarded for meeting minimum qualifications, Bidders will be awarded more points for exceeding the minimum qualifications. Bidders who do not meet at least the minimum qualifications for this RFQQ shall be considered non-responsive and the response will NOT be scored.

2. PROFESSIONAL APPROACH & PROPOSED TEAM

The Bidder must provide information that will enable L&I to assess your approach and ability to successfully perform the services requested. L&I is most interested in projects conducted over the most current (5) five-year period. Bidders who provide references from projects older than five years or use examples from projects older than five years will not be scored as highly.

2.1 In no more than two pages, please introduce yourself and explain why your firm is qualified for this project .

2.1.1 In no more than two pages explain your methodology and approach to this project and how you will manage expectations to provide L&I with the services expected.

2.1.2 Are interactive web-based request, submittals and reporting results optional or standard service provided by the Contractor.

2.2 Include a brief high-level project plan with due dates for deliverables and primary team member(s) responsible for deliverables.

2.3 In no more than two pages, describe specific roles and skills of proposed primary team member(s) who will carry out this project.

2.4 Provide resumes for all primary team member(s) listed in your response to the preceding question, including title(s) to match with specific roles proposed. Each resume should be limited to one page.

2.5 Please verify availability of key team members and identify any conflicts that may need to be considered.

2.6 If you plan on using subcontractors, explain in no more than one page how you select and manage subcontractors. How do you ensure the quality of their work? How do you ensure the coordination among different firms?

2.7 PROVIDE INCLUSION PLAN that names each small and veteran-owned business who will be providing services as a subcontractor, and describe role and percentage of award that will be paid to the Subcontractor(s). Provide certification from DES (WEBS self-certified small business), OMWBE, DVA, as applicable. Inclusion Plans | Office of Minority and Women's Business Enterprises (wa.gov)

2.8 ACCESS EQUITY CONTRACT REPORTING. Bidders who are awarded a Contract (i.e., Contractor) pursuant to this Competitive Solicitation and who utilize subcontractors to perform such Contract must, as a condition of Contract award, register and report, as Contractor, through Access Equity, Washington’s secure online business diversity vendor management system (B2GNow), which is managed by Washington’s Office of Minority and Women’s Business Enterprises (OMWBE). Accordingly, please note:

Regardless of whether Contractor previously has registered with B2GNow for any public entity, Contractor must verify that Access Equity has current information. During the Contract term, Contractor shall report monthly through Access Equity any payments to subcontractors pertaining to the Contract. Such reporting shall include total payment in dollars made to subcontractors, payment dates, and any additional information required to verify payment to subcontractors. Subcontractors must utilize Access Equity to verify such payment information as reported by Contractor. Information regarding Access Equity is available at OMWBE’s website: https://omwbe.wa.gov/ online training for Access Equity is available through OMWBE.

3. COST PROPOSAL TABLE

COST QUOTE SUMMARY TABLE AND DELIVERABLE FEES

1. Background Checks

2. Training Services

3. Report Confirmations

4. Customized Checks

5.

6. Total Overall Cost

A. COST AND FEES

a. Identify, and itemize all anticipated fees and possible discounts for service deliverables?

Choose an item.

b. How do you handle billing an employer with multiple locations, programs and/or accounts?

Choose an item.

c. How do you ensure the quality of timely work and coordination to support different regions Choose an item.

PRICING-Bid prices must include all cost components needed for the goods and/or services as described in this Competitive Solicitation. Bid Price. A bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

Inclusive 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 goods and/or services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

Credit Cards (P-Cards): In the event that bidder is awarded a Contract, the total price for the goods and/or services shall be the same regardless of whether Purchasers make payment by cash, credit card, or electronic payment. Bidder shall bear, in full, any processing or surcharge fees associated with the use of credit cards or electronic payment.

B. RISK MANAGEMENT

Define risks you see as being significant to the success of this project, how you would propose to most effectively monitor and manage these risks including performance reporting of the risks to the department’s contract manager.

a. The Bidder is encouraged to reviewing Scope of Work, objectives and deliverables and in two pages or less offer feedback, suggestions or alternative options, which could meet L&I’s objectives Choose an item.

b. What is the business plan for dealing with levels of high client demand beyond what is forecasted.

Choose an item.

c. Will OHR be able to customize and tailor services on a case-by-case basis as needed?

Choose an item.

d. How will OHR be notified when the background check is completed and returned?

Choose an item.

C. SECURITY AND IDENTITY AND AUTHENTICATION MANAGEMENT

a. Define how data in transit and at rest will be secured?

Choose an item.

b. Does your Company/Organization utilize federations protocols, specifically SAML 2.0, ADFS, and/or Azure Active Directory? If the answer is NO, please explain.

Choose an item.

c. Do you have any established federations with any Washington State agency if yes, is your company capable of Multi-Federation solutions under Washington Technology Solutions?

Choose an item.

d. How would your company comply with HIPAA and privacy rules?

Choose an item.

e. How long are the records stored in the Contractors database and how are they removed?

Choose an item.

f. How do you keep your employees updated on legal issues related to background checks?

Choose an item.

g. Describe how your services and work products will ensure that L&I complies with federal policy, Section 508 of the Rehabilitation Act of 1973, the State of Washington OCIO Policy 188 (https://ocio.wa.gov/policy/accessibility ), and WCAG 2.1 level AA (http://www.w3.org/WAI/standards-guidelines/wcag/ ) Choose an item.

h. Describe how you will test the work products you provide to ensure compliance with federal policy Section 508 of the Rehabilitation Act of 1973, the State of Washington OCIO Policy 188 (https://ocio.wa.gov/policy/accessibility ), and WCAG 2.1 level AA (http://www.w3.org/WAI/standards-guidelines/wcag/ ).

Choose an item.

All responsive Bidders’ Total Contract Cost will be totaled and then divided by the number of responsive Bids. The resulting number will be the Average Total Contract Cost that will establish the “Competitive Range.” Each Bidder’s cost score will be calculated by dividing the Average Total Contract Cost (Numerator) by the Bidder’s Total Contract Cost (Denominator) and multiplying the result by the maximum possible points (15). In no event shall any Bidder receive more than the maximum possible points for the cost section. Note: L&I reserves the right to not be limited to the lowest cost bid and negotiate contract costs with the Apparent Successful Bidder.

4. REFERENCES

Provide recent (within the last 3 years) contact information for three (3) clients who are professional/business references that you have provided similar services to those your firm would provide to L&I. Include the information outlined in the table below for each reference, and indicate the Bidding firm’s relationship to the reference. References should be familiar with work performed in the most recent years as possible.

Provide (3) recent work samples that support your responses (remove or redacted personal information). If you wish to include a sample of your work that is on-line, include the web site address.

Question 4 - References

1.

2.

3.

5. CERTIFICATIONS & ASSURANCES

The Bidder makes the following disclosures, certifications and assurances as a required element of the Bid to which this is a part, 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 related contract/s.

“Termination for Default” means that notice was given to the Contractor to stop performance due to the Contractor’s nonperformance or poor performance, and the performance issue was either (a) not contested by the Bidder or (b) litigated, with an unfavorable finding for the Bidder.

Has the Bidder’s firm had a contract, agreement, second-tier work order, or other contractual obligation terminated for convenience in the last ten years? |_| Yes |_| No If YES to either of the questions above, attach a signed statement fully describing the contract, the circumstances surrounding the termination, reason for termination, nature of the termination (i.e., for breach or default, convenience, or otherwise), date of the termination and the name, address and telephone number of the other party to the contract. L&I will evaluate the information and may, at its sole discretion reject, the Bidder’s proposal if the information indicates that completion of a Contract resulting from this RFQQ may be jeopardized by selection of the Bidder.

If YES, attach a signed statement fully describing the contract, the reason for mediation or arbitration, date the mediation or arbitration was initiated and completed (if applicable) and the name, address and telephone number of the other party to the contract. L&I will evaluate the information and may, at its sole discretion, reject the Bidder’s proposal if the information indicates that completion of a Contract resulting from this RFQQ may be jeopardized by selection of the Bidder.

If any such litigation exists or existed, attach a signed statement fully describing the contract, the reason for the litigation, date the litigation was initiated and completed (if applicable) and the name, address and telephone number of the other party to the contract. L&I will evaluate the information and may, at its sole discretion, reject the Bidder’s proposal if the information indicates that completion of a Contract resulting from this RFQQ may be jeopardized by selection of the Bidder.

5.4 Additional Certifications and Assurances

Representing the Bidder, I make the following certifications and assurances as a required element of this Bid to which it is attached, understanding the truthfulness of the facts affirmed here, and the continuing compliance with the requirements are conditions precedent to the award or continuation of the related contract. Representing the Bidder, I declare:

a. All answers and statements made by the Bidder in this Bid are true and correct.

b. The pricing and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, Bidder may freely join with other persons or organizations for the purpose of submitting this Bid.

c. This Bid is a firm offer for a period of 180 days following receipt, and it may be accepted by L&I without further negotiation at any time within the 180-day period.

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

e. The Bidder understands that L&I will not reimburse the Bidder for any costs incurred in the preparation of this Bid, as submitted initially in writing, and in all subsequent efforts. All Bids become the property of L&I, and the Bidder claims no proprietary right to the ideas, writings, items or samples unless so stated in the Bid.

f. The Bidder certifies that the costs Bid to perform this Contract do not exceed those charged any other client for the same services performed by the same individuals. The prices and/or cost data were determined independently, without consultation or communication for the purpose of restricting competition.

g. Submitting this Bid constitutes Bidder’s acceptance of all of the solicitation contents, including but not limited to, procedures, evaluation criteria, requirements, administrative instructions, and other terms and conditions, including those within the Sample Contract.

h. If there are any exceptions to these assurances that Bidder would like L&I to consider, Bidder has described those exceptions in detail on a separate page titled Exceptions to Assurances.

Bidder agrees that providing detail to exceptions must conform as required and described herein. L&I is not required to make the requested changes. L&I reserves the right, at any time to clarify the Bidder’s intent of any one or more exception, and may establish a deadline for reaching meeting of the minds related to the exceptions submitted. Bidder further understands if agreement cannot be reached, L&I may terminate discussions and remove my organization from further consideration.

Details to exceptions must include the following:

· Content of each requested change, including edits showing changes and deletions;

· Bidder’s specific need for which the change is meant to address; and,

· Bidder’s reasoning and justification for each requested change, including the potential impact if not accepted.

Bidders may not propose exceptions after the Bid Due Date.

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

j. Bidder authorizes L&I to contact references and others who may have pertinent information regarding the Bidder’s prior experience and ability to perform the services contemplated by this procurement.

k. If any employee or personnel of Bidder or of a subcontractor who will perform services contemplated in this procurement 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 separate page attached to this Bid.

l. Bidder certifies that each submission response, and information provided by Bidder to L&I pursuant to this solicitation is true, accurate and correct, and that Bidder has not omitted any material facts that would make the response, submission and/or information incomplete or misleading.

6. Executive Order EO-18-03, Supporting Workers’ Rights Pursuant to the Washington State Governor’s Executive Order 18-03 (dated June 12, 2018) L&I seeks to contract with qualified entities and business owners who certify that their employees are not, as a condition of employment, subject to mandatory individual arbitration clauses and class or collective action waivers.

I/we 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.

7. CIVIL RIGHTS. Bidder certifies as follows (must check one):

|_| COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS. Bidder complies with all applicable requirements regarding civil rights. Such requirements prohibit discrimination against individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin.

OR

|_| NON-COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS Bidder does not comply with all applicable requirements regarding civil rights.

8. STATUTORY NONDISCRIMINATION CLAUSES FOR STATE CONTRACTS Bidder certifies as follows (must check one):

|_| COMPLIANCE WITH STATUTORY NONDISCRIMINATION CLAUSES FOR STATE CONTRACTS During the term of an awarded Contract, Bidder, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). Bidder, including any subcontractor, also shall give written notice of this nondiscrimination requirement to any labor organizations with which Bidder, or subcontractor, has a collective bargaining or other agreement. In addition, Bidder, including any subcontractor, shall cooperate with any Washington state agency investigation regarding any allegation that Bidder, including any subcontractor, engaged in prohibited discrimination set forth in RCW 49.60.530(3).

OR

|_| NON-COMPLIANCE WITH STATUTORY NONDISCRIMINATION CLAUSES FOR STATE CONTRACTS Bidder does not comply with RCW 49.60.530.

9. Wage Theft Prevention Prior to awarding a contract, agencies are required to determine that a bidder is a “responsible bidder.” See RCW 39.26.160(2) & (4). Pursuant to legislative enactment in 2017, the responsible bidder criteria include a contractor certification that the contractor has not willfully violated Washington’s wage laws. See Chap.258, 2017 Laws (enacting SSB5301).

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

|_| NO WAGE VIOLATIONS. This firm has 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 above-referenced procurement solicitation date.

OR

|_| VIOLATIONS OF WAGE LAWS. This firm has 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, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

Except with respect to completing (filling in blanks) and executing this Certification and Assurances, Bidder may not modify or alter this Bidder’s Questionnaire, nor may Bidder reserve any rights to change or modify the certifications and/or assurances as provided herein. If Bidder modifies or qualifies the certifications and/or assurances, or fails to submit a scanned copy of this signed Certification and Assurances, Bidder will be considered non-responsive and the Bid will not be scored.

On behalf of the Bidder submitting this Bid, my name below attests to the accuracy of the above statements and herewith submits a scanned copy of my original signature with our Bid.

Under the penalties of perjury of the State of Washington, the undersigned affirms the truthfulness of the statements made herein. The undersigned certifies that the Bidder is now, and shall remain, in compliance with the certifications and assurances contained herein, and agrees that such compliance is a condition precedent to the award and continuation of any related Contract.

The undersigned attests to the accuracy of information submitted with this Bid.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the disclosures, certifications and assurances provided herein are true and correct and that I am authorized to make these certifications on behalf of the firm listed herein.

BIDDERS SIGNATURES BELOW

CONFIRMS ACCEPTANCE OF THE ENTIRE SOLICITATION QUESTIONNAIRE AND SAMPLE CONTRACT

Provide Full Legal Entity Name Of Firm:_________________________________

FIRM NAME DBA:_____________________________________________________

Name Of Contractor/Bidder:__________________________________________ Title Of Signee: _____________________________ Signature Of Authorized Person:__________________________________ Print Name Of Authorized Person:___________________________________

Date Of Signature:________________________________

10. ASB designation does not imply that the ASB will be issued a Contract award. Rather, this designation allows the awarding agency to perform further analysis and ask for additional documentation. The bidder 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

11. THE END OF THE BIDDERS QUESTIONNAIRE.

File Name: Bidder's Questionnaire RFQQ K5055 11-6-24 Page 12 of 12 November 6, 2024

Initials of Bidder’s Name:

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