STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR APPLICATIONS (RFA)

RFA NO. 95702-01

NOTE: Please read this entire document before submitting a response. Responses that do not meet one or more requirements stated herein may be disqualified and not scored.

PROJECT TITLE: Clean Buildings Compliance Support

RESPONSE DUE DATE: March 4, 2026, 3:00 P.M. PST

EXPECTED TIME PERIOD FOR CONTRACT: May 11, 2026 – June 30, 2027

CONTRACTOR ELIGIBILITY: This procurement is open to those entities which satisfy the minimum qualifications stated herein and are available for work in Washington.

FUNDING SOURCE AND METHOD: This is state funding. Payments will be made on a reimbursement basis for deliverables accepted and/or allowable time and expenses.

CONTENTS OF THE REQUEST FOR APPLICATIONS:

1. Introduction

2. General Information

3. Application Contents

4. Evaluation and Award

5. Exhibits

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Table of Contents

1 INTRODUCTION

1.1 PURPOSE AND BACKGROUND

1.2 PROGRAM OBJECTIVES

1.2.1 CLEAN BUILDINGS PERFORMANCE GRANTS

1.2.2 ENERGY AUDITS FOR PUBLIC BUILDINGS

1.2.3 ENERGY RETROFITS FOR PUBLIC BUILDINGS

1.2.4 STATE PROJECT IMPROVEMENTS

1.3 PROGRAM ELIGIBILITY AND QUALIFICATIONS

1.3.1 CLEAN BUILDINGS PERFORMANCE GRANTS

1.3.2 ENERGY AUDITS FOR PUBLIC BUILDINGS

1.3.3 ENERGY RETROFITS FOR PUBLIC BUILDINGS

1.3.4 STATE PROJECT IMPROVEMENTS

1.4 FUNDING

1.4.1 CLEAN BUILDINGS PERFORMANCE GRANTS

1.4.2 ENERGY AUDITS FOR PUBLIC BUILDINGS

1.4.3 ENERGY RETROFITS FOR PUBLIC BUILDINGS

1.4.4 STATE PROJECT IMPROVEMENTS

1.5 PERIOD OF PERFORMANCE

1.6 CONTRACTING

1.7 DEFINITIONS

1.8 ADA

2 GENERAL INFORMATION

2.1 RFA COORDINATOR

2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

2.3 APPLICANTS’ CONFERENCE

2.4 QUESTION AND ANSWER PERIOD

2.5 SUBMISSION OF RESPONSES

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.7 REVISIONS TO THIS RFA

2.8 ACCEPTANCE PERIOD

2.9 COMPLAINT PROCESS

2.10 RESPONSIVENESS

2.11 MOST FAVORABLE ITEMS

2.12 CONTRACT AND GENERAL TERMS AND CONDITIONS

2.13 COSTS TO PROPOSE

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2.14 NO OBLIGATION TO CONTRACT

2.15 REJECTION OF RESPONSES

2.16 COMMITMENT OF FUNDS

2.17 ELECTRONIC PAYMENT

2.18 INSURANCE COVERAGE

3 REPONSE CONTENTS

3.1 CERTIFICATIONS AND ASSURANCES (MANDATORY)

3.2 APPLICANT INFORMATION (SCORED)

3.3 DIVERSE BUSINESS INCLUSION PLAN (MANDATORY)

3.4 WORKERS RIGHTS CERTIFICATION (MANDATORY)

4 EVALUATION AND CONTRACT AWARD

4.1 EVALUATION PROCEDURE

4.2 CLARIFICATION OF RESPONSE

4.3 EVALUATION AND SCORING

4.4 VIRTUAL PRESENTATIONS MAY BE REQUIRED

4.5 NOTIFICATION OF APPLICANTS

4.6 DEBRIEFING OF UNSUCCESSFUL APPLICANTS

4.7 PROTEST PROCEDURE

5 RFA EXHIBITS

EXHIBIT A: CERTIFICATIONS AND ASSURANCES

EXHIBIT B: APPLICANT AND PROJECT INFORMATION

EXHIBIT C: DIVERSE BUSINESS INCLUSION PLAN

EXHIBIT D: WORKER’S RIGHT CERTIFICATION

EXHIBIT E: SAMPLE CONTRACT TERMS AND CONDITIONS

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1 INTRODUCTION

1.1 PURPOSE AND BACKGROUND

The Washington State Department of Commerce hereafter called "COMMERCE,” is initiating this Request for Applications (RFA) to solicit applications from those qualified and interested in grant funding for separate programs to help building owners meet the Clean Buildings Performance Standard (CBPS): Clean Buildings Performance Grants, Energy Audits for Public Buildings, Energy Retrofits for Public Buildings, and State Improvement Grants. These funds are available to buildings owned by a sovereign nation or tribe who is seeking voluntary compliance with the CBPS.

The CBPS (RCW 19.27A.210; WAC 194-50) designates all non-residential buildings over 50,000 square feet as “Tier 1” buildings. Tier 1 building owners are required to:

1. Benchmark by measuring and tracking energy use in the building over time

2. Implement an operations and maintenance (O&M) program

3. Implement an energy management plan (EMP)

Tier 1 building owners must comply with an energy-based performance target through one of the following pathways. More information on these compliance pathways can be found on the COMMERCE website.

1. Meeting the building’s energy use intensity target (EUIt)

2. Implementing energy efficiency measures (EEMs) in the building using one of the following Investment Criteria:

a. Implement an optimized bundle of EEMs identified within the Life Cycle Cost Analysis

(LCCA) or other methods described in the CBPS

b. Implementing all EEMs identified in an energy audit that meets the simple pay back criteria

3. Participating campus district energy systems with approved decarbonization plans

4. Or other compliance pathways as adopted in rule

In 2022, the CBPS was amended (WAC 194-50-160) to include a new set of covered buildings known as “Tier 2” (20,000 – 49,999 square feet), which includes multifamily residential buildings. Tier 2 buildings are also required to:

1. Benchmark by measuring and tracking energy use in the building over time

2. Implement an O&M program

3. Implement an EMP

A visual representation of the compliance pathways is available on the COMMERCE website.

COMMERCE may award multiple contract(s) as a result of this RFA. Applicants should use this RFA to apply for as many grants as they are eligible. Individual applications may include projects covering multiple buildings or a campus of buildings, if eligible. For the purposes of this RFA, a “covered building” refers to buildings within Washington required to meet the CBPS and buildings within a sovereign nation or tribal jurisdiction seeking voluntary compliance with the CBPS. See Section 1.3 for program eligibility.

https://app.leg.wa.gov/rcw/default.aspx?cite=19.27A.210 https://app.leg.wa.gov/wac/default.aspx?cite=194-50 https://www.commerce.wa.gov/cbps/tier-1-compliance/ https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-160&pdf=true https://deptofcommerce.app.box.com/s/pgrhi8byt6lvqcfy82cpm3yu1c3gbo0u

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1.2 PROGRAM OBJECTIVES

1.2.1 CLEAN BUILDINGS PERFORMANCE GRANTS

This funding supports reporting requirements related to CBPS compliance. These projects can include benchmarking, developing an EMP and/or an O&M plan. Funding is available for publicly and privately owned Tier 1 covered buildings or Tier 2 multifamily covered buildings financed by the Washington State Housing Trust pursuing compliance with the CBPS. Additionally, privately owned Tier 1 covered buildings and certain Tier 2 multifamily covered buildings financed by the Washington State Housing Trust may be eligible to receive funds for energy audits. Projects should be intended to either bring a building into compliance with the CBPS or identify a clear pathway toward compliance. This funding will not support building retrofit projects.

1.2.2 ENERGY AUDITS FOR PUBLIC BUILDINGS

This funding supports energy audits for public buildings in accordance with Section 8 of the CBPS and Normative Annex X of the CBPS as part of a building’s compliance with the CBPS. ASHRAE level 1, level 2 or targeted level 2 audits are eligible for funding.

1.2.3 ENERGY RETROFITS FOR PUBLIC BUILDINGS

This funding supports building retrofit projects for publicly owned buildings that are pursuing compliance with the CBPS. Building retrofit projects can include but are not limited to heating and cooling upgrades, lighting upgrades, building and HVAC controls upgrades, building envelope upgrades, and purchasing equipment and materials. These projects must directly relate to bringing a building below its EUIt, in relation to the CBPS.

1.2.4 STATE PROJECT IMPROVEMENTS

This funding supports improvements to minor works, stand-alone, or emergency projects at facilities owned by state agencies seeking CBPS compliance. Eligible projects must repair or replace existing building systems and reduce greenhouse emissions from state operations, including but not limited to HVAC, lighting, insulation, windows, and other mechanical systems. Awarded grants will pay the difference for enhancements to previously budgeted and approved capital projects that incorporate greater energy efficiency and conservation measures.

1.3 PROGRAM ELIGIBILITY AND QUALIFICATIONS

Applicants submitting applications for any funding program in this RFA must meet the following qualifications:

Own the building(s) included in the proposed project

Licensed to do business in Washington or submit a statement of commitment that they will become licensed in Washington within thirty (30) calendar days of being selected as the Apparently Successful Applicant

Must be in good standing with COMMERCE and all applicable federal, state, and local laws and requirements https://www.commerce.wa.gov/multifamily-rental-housing/htf/ https://www.commerce.wa.gov/multifamily-rental-housing/htf/ https://www.commerce.wa.gov/multifamily-rental-housing/htf/ https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-080&pdf=true https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-140&pdf=true

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All funding programs in this RFA have additional minimum qualifications. Applications which do not clearly meet or exceed the minimum qualifications for individual funding programs will be rejected as non-responsive and will not be evaluated or scored.

1.3.1 CLEAN BUILDINGS PERFORMANCE GRANTS

Minimum qualifications for the project include:

Seeking funding for reporting requirements (benchmarking, EMP, O&M) for a publicly or privately owned Tier 1 covered building or a Tier 2 multifamily covered building financed by the Washington State Housing Trust pursuing compliance with the CBPS

Seeking funding for an energy audit to a privately owned Tier 1 covered building or a Tier 2 multifamily covered building financed by the Washington State Housing Trust that has completed required CBPS benchmarking o Only buildings above their EUIt or that does not have an EUIt or the does not have the ability to measure EUI is eligible to apply for an energy audit

Energy Audit Requirements (In alignment with 1.3.2)

Conducted by a qualified energy auditor

The auditor guarantees energy savings achieved will be at least 75% of estimates in the audit

The auditor must complete an energy audit in accordance with Section 8 of the CBPS and Normative Annex X of the CBPS o Completion and submittal of an audit summary in accordance with Normative Annex Z6.4 Form D of the CBPS

1.3.2 ENERGY AUDITS FOR PUBLIC BUILDINGS

Minimum qualifications for the project include:

Evidence of completed benchmarking as required by the CBPS

Project proposes an ASHRAE level 1, level 2, and/or targeted level 2 audit(s) conducted on a publicly owned Tier 1 covered building pursuing compliance with the CBPS that is currently above its EUIt or does not have an EUIt or does not have the ability to measure EUI o Or campus containing one or more Tier 1 buildings as defined by the CBPS o The audit must be completed during the period of performance for the contract, if awarded

If a building is seeking compliance through the investment criteria pathway or pursuing the Tier 1 early adopter incentive program, the audit must:

o Be ASHRAE level 2 o Evaluate all EEMs identified in the ASHRAE level 2 audit in accordance with

Normative Annex X of the CBPS

Energy Audit Requirements

Conducted by a qualified energy auditor https://www.commerce.wa.gov/multifamily-rental-housing/htf/ https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-080&pdf=true https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-140&pdf=true https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-150&pdf=true https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-150&pdf=true https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-140&pdf=true

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The auditor guarantees energy savings achieved will be at least 75% of estimates in the audit

The auditor must complete an energy audit in accordance with Section 8 of the CBPS and Normative Annex X of the CBPS o Completion and submittal of an audit summary in accordance with Normative Annex Z6.4 Form D of the CBPS

1.3.3 ENERGY RETROFITS FOR PUBLIC BUILDINGS

Minimum qualifications for the applicant include:

Applicants must be public entities in the state of Washington o Local agencies, including any city, town, county, special district, municipal corporation, agency, port district or authority o Public higher education institutions o K-12 public school districts o State agencies o Federally recognized sovereign nation or tribe

Applicants must submit an energy audit in accordance with Section 8 of the CBPS conducted no earlier than five years prior to the building’s required CBPS compliance date

Minimum qualifications of the project include:

Retrofits to publicly owned Tier 1 or Tier 2 covered building(s) pursuing compliance with the CBPS.

Improvements to existing facilities and related projects that result in energy and operational cost savings o All aspects of the project must be directly related to the proposed primary improvement measure

Evidence of a Benefit-cost ratio (BCR) of 1 or higher (BCR>1) o BCR is calculated by dividing total project benefits by total project costs

For proposals involving fossil fuel-powered equipment installations, an explanation of why it is not possible or cost effective to install electric equipment.

Evidence of an O&M and EMP in accordance with the CBPS

A professional cost estimate that aligns with the submitted budget proposal

1.3.4 STATE PROJECT IMPROVEMENTS

Minimum qualifications for the applicant include:

Applicants must be a state agency o This includes public higher education institutions

Minimum qualifications of the project include:

Upgrades to currently planned capital improvements o Proposals cannot be standalone projects that were turned down for funding in the regular budget https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-080&pdf=true https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-140&pdf=true https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-150&pdf=true https://app.leg.wa.gov/WAC/default.aspx?cite=194-50-150&pdf=true

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Upgrades to state agency Tier 1 and Tier 2 covered buildings seeking CBPS compliance

A baseline project o Baseline project: minor works, stand-alone, or emergency repair project in the 2025-

27 Enacted Capital Budget or Transportation Budget The baseline project must be budgeted and approved

The baseline project will take place if no additional funding is received from this grant

An alternative project o Alternative project: an alternative design, component, or enhanced feature directly related to the baseline project that will incur additional costs not funded by the Enacted Capital Budget or Transportation Budget

A comparison of the baseline and alternate project life cycle impacts o Completion and submission of the LCCA is required for all applications EXCEPT applications for Tier 1 buildings that are pursuing compliance with CBPS Tier 1 buildings may opt to submit Form F

A professional cost estimate that aligns with the submitted budget proposal

1.4 FUNDING

This funding cannot supplant or replace funds already committed to the project. COMMERCE will not fund projects beyond 100% of the total project cost. Similar supports (accelerators), incentives, or grant programs that apply to the project (which are offered by local municipalities or utilities, for example) must be considered before those costs can be included in an application.

All applications meeting the specific program requirements (see Sections 1.2) will be considered for funding. In addition to a program’s minimum qualifications, COMMERCE will consider additional funding allocation priorities listed in Section 4.3 when reviewing applications.

In the event additional funding becomes available, any contract awarded may be amended to provide additional services. Additional funding is not guaranteed.

Any contract(s) awarded as a result of this RFA is contingent upon the availability of funding.

There are no matching requirements associated with funding programs in this RFA.

1.4.1 CLEAN BUILDINGS PERFORMANCE GRANTS

COMMERCE has budgeted the following amount for Clean Building Performance Grants:

$4,800,000 for eligible Tier 1 covered and Tier 2 covered buildings.

o Applications are limited to $125,000 for projects with less than 220,000 gross square feet of combined building space Additional funding may be awarded to projects involving more than 220,000 gross square feet of combined building space or located in small towns or cities with populations less than 5,000 o Energy Audit funding is allocated at a maximum payment of $0.50 per square foot of gross floor area, excluding parking areas (in alignment with 1.4.2) Additional funding per square foot may be given for buildings with documentation evidencing need https://ofm.wa.gov/sites/default/files/public/budget/forms/2025-27/LifeCycleCostTool2024.xlsb https://deptofcommerce.app.box.com/s/5f3zgun3ztlu0kjc4vhfrq2qpir6046s

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Applicants should provide supporting documentation in Exhibit B of this RFA

If the applicant is receiving incentives or plans to receive incentives for the proposed project, these funds must be included in the Budget Proposal in Exhibit B. Requested grant and anticipated incentive funds may not exceed project costs.

1.4.2 ENERGY AUDITS FOR PUBLIC BUILDINGS

COMMERCE has budgeted the following amount for Energy Audits for Public Buildings:

o $12,200,000 for publicly owned Tier 1 covered buildings and Tier 2 covered buildings receiving funds from the Housing Trust Fund.

o Funding is allocated at a maximum payment of $0.50 per square foot of gross floor area, excluding parking areas Additional funding per square foot may be given for buildings with documentation evidencing need Applicants should provide supporting documentation in Exhibit B of this RFA

1.4.3 ENERGY RETROFITS FOR PUBLIC BUILDINGS

COMMERCE has budgeted the following amount for Energy Retrofits for Public Buildings:

$10,600,000 for eligible projects, with specific allotments reserved for projects with the following characteristics:

o 70 percent of available funding will be reserved for Tier 1 covered buildings o 20 percent of available funds will be reserved for qualifying projects in small cities or towns with a population of 5,000 or less residents

Non-state agencies are required to have additional utility incentives included in project budget.

1.4.4 STATE PROJECT IMPROVEMENTS

COMMERCE has budgeted the following amount for State Project Improvement Grants:

$4,800,000 for eligible projects

1.5 PERIOD OF PERFORMANCE

The period of performance of any contract(s) resulting from this RFA is scheduled to begin upon contract execution and end on June 30, 2027.

1.6 CONTRACTING

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

42.52 of the Revised Code of Washington. Applicants 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 RFA include:

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Apparent Successful Applicant/Bidder/Vendor/Grantee/Awardee: The Applicant(s) selected to enter into negotiations leading to a fully executed contract for the work described in this procurement document.

Applicant or Grantee: Individual or organization whose Application has been accepted by COMMERCE and is awarded a fully executed, written contract.

Application: A complete, formal offer submitted in response to this RFA.

Benefit-cost ratio: A simple measure of project cost effectiveness measured by dividing total project benefits by total project costs.

Clean Buildings Performance Standard (CBPS or Standard): ANSI/ASHRAE/IES Standard 100- 2018 Energy Efficiency in Existing Buildings and state amendments in WAC 194-50, adopted by the Washington State Department of Commerce according to RCW 19.27A.200 through 19.27A.260. Use the following link for more information and to access the integrated document - Clean Buildings Performance Standard (CBPS) – Washington State Department of Commerce.

COMMERCE: The Department of Commerce is the agency of the state of Washington that is issuing this RFA.

Contract: A written, legally binding agreement to perform the services proposed, also called a Grant or Interagency Agreement.

Energy Management Plan (EMP): As defined by the CBPS

Energy use intensity (EUI): A measurement that normalizes a building's site energy use relative to its size. A building's energy use intensity is calculated by dividing the total net energy consumed in one year by the gross floor area of the building, excluding the parking garage. Energy use intensity is reported as a value of a thousand British thermal units per square foot per year.

Energy use intensity target (EUIt): The target for net energy use intensity of a covered building.

Exhibit: Document attached to this RFA, also referred to as Attachment.

Operations and Maintenance Program (O&M): As defined by the CBPS

Overburdened community: A geographic area where vulnerable populations face combined, multiple environmental harms and health impacts, and includes, but is not limited to, highly impacted communities as defined in RCW 19.405.020.

Privately Owned: A property that is owned by private individuals, corporations or entities.

Publicly Owned: A property that is owned by a state or local government, including but not limited to municipalities, port and hospital districts, public higher education institutions, school districts, federally recognized Tribal governments and state agencies.

Qualified Energy Auditor: A person acting as the auditor of record having training, expertise and three years professional experience in building energy auditing, and being any one of the following:

A licensed professional architect or engineer https://app.leg.wa.gov/wac/default.aspx?cite=194-50 https://app.leg.wa.gov/RCW/default.aspx?cite=19.27A.200 https://www.commerce.wa.gov/cbps/ https://www.commerce.wa.gov/cbps/ https://app.leg.wa.gov/RCW/default.aspx?cite=19.405.020

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A building energy assessment professional (BEAP) certified by the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)

A certified energy auditor (CEA) certified by the Association of Energy Engineers (AEE)

A certified energy manager (CEM) in current standing, certified by the Association of Energy Engineers (AEE)

An energy management professional certified by the Energy Management Association

Request for Applications (RFA): Formal procurement document in which needed services are identified and entities are invited to submit their Application to provide those services; this procurement document.

Tier 1 Covered Building: A building where the sum of nonresidential, hotel, motel, and dormitory floor areas exceed 50,000 gross square feet, excluding the parking garage area.

Tier 2 Covered Building: A building where the sum of multifamily residential, nonresidential, hotel, motel, and dormitory floor areas exceeds 20,000 gross square feet, but does not exceed 50,000 gross square feet, excluding the parking garage area. Tier 2 covered buildings also include multifamily residential buildings where floor areas are equal to or exceed 50,000 gross square feet, excluding the parking garage area.

1.8 ADA

COMMERCE complies with the Americans with Disabilities Act (ADA). Applicants may contact the RFA Coordinator to receive this Request for Qualifications and Quotations in Braille or on tape.

2 GENERAL INFORMATION

2.1 RFA COORDINATOR

The RFA Coordinator is the sole point of contact in COMMERCE for this RFA. All communication between Applicants and COMMERCE upon release of this RFA shall be with the RFA Coordinator, as follows:

Name Sam Pfeifer

E-Mail Address CBPSGrants@commerce.wa.gov

Box Folder https://deptofcommerce.box.com/s/jjlfkc5illn5xh542fev4zmksbxw9 9a0

Any other communication will be considered unofficial and non-binding on COMMERCE. Applicants are to rely on written statements issued by the RFA Coordinator. Communication directed to parties other than the RFA Coordinator may result in disqualification.

https://deptofcommerce.box.com/s/jjlfkc5illn5xh542fev4zmksbxw99a0 https://deptofcommerce.box.com/s/jjlfkc5illn5xh542fev4zmksbxw99a0

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2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Applications (RFA) December 2, 2025

Applicants’ Conferences December 11, 2025 & January 28, 2026

Question & answer period December 2, 2025 – February 18, 2026

Answers issued no later than February 25, 2026

Applications due March 4, 2026 @ 3PM PST

Evaluation March 10 – April 3, 2026

Announce “Apparent Successful Applicants” and send notification via e-mail to unsuccessful Applicants

April 23, 2026

Hold debriefing conferences (if requested) April 29 – May 5, 2026

Negotiate contracts April 24 – June 30, 2026

Earliest date contract may be signed May 11, 2026

2.3 APPLICANTS’ CONFERENCE

A conference(s) will be held on December 11, 2025 at 1:00 p.m. – 2:00 p.m., Pacific time and January 28, 2026 at 12:00 p.m. to 1:00 pm, Pacific time. The conference(s) will be virtual only, on a platform such as Zoom or Microsoft Teams. Below are links to register for the applicants’ conferences:

1) December 11, 2025, 1:00 p.m. - 2:00 p.m. Link to registration:

https://wastatecommerce.zoom.us/meeting/register/aRHE4PW7RdqEnMuYdbUHIg

2) January 28, 2026, 12:00 p.m. - 1:00 p.m. Link to registration:

https://wastatecommerce.zoom.us/meeting/register/WA-e4vDLRe6k3UMl3X12Gg

All prospective Applicants are encouraged to attend; however, attendance is not mandatory.

COMMERCE will be bound only to COMMERCE written answers to questions. Questions arising at the Applicants’ conference will be documented and answered in written form. A copy of the questions and answers will be sent to each prospective Applicant who made the RFA Coordinator aware of its interest in this RFA.

2.4 QUESTION AND ANSWER PERIOD

COMMERCE will accept questions about this RFA sent to the RFA Coordinator at the email address listed in Section 2.1 during this period. Questions should not identify the submitting person or organization. COMMERCE will answer all questions in a Q&A document posted no later than the date identified in Section 2.2.

2.5 SUBMISSION OF RESPONSES

ELECTRONIC RESPONSES:

Applications must be received by the RFA Coordinator via the online form listed below no later than 3:00 pm, Pacific Time, on March 4, 2026.

Link to application form: Click here to submit application https://wastatecommerce.zoom.us/meeting/register/aRHE4PW7RdqEnMuYdbUHIg https://wastatecommerce.zoom.us/meeting/register/WA-e4vDLRe6k3UMl3X12Gg https://app.smartsheet.com/b/form/0ce514a73a184f5ab6d7524624d6dcf1

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Applications must include fully completed copies of Exhibits A, B, C, and D. All required Exhibits should be included as a single attachment on the application form (see Section 3: Response Contents for more information). Attachments to the application form shall be in Microsoft Word format or PDF. Zipped files cannot be received by COMMERCE and cannot be used for submission of Applications. The Certifications and Assurances form must have a signature of the individual within the organization authorized to bind the organization to the offer. If the COMMERCE application form is not working, appropriate allowances will be made. Applicants should email the RFA Coordinator if they encounter any problems submitting their application.

Applications may not be transmitted using facsimile transmission.

Applicants should allow sufficient time to ensure timely receipt of the Application by the RFA Coordinator. Late Applications will not be accepted and will be automatically disqualified from further consideration, unless COMMERCE is found to be at fault. All Applications and any accompanying documentation become the property of COMMERCE and will not be returned. Any information received as a result of this RFA may be collected and considered for continuous improvement purposes.

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

COMMERCE. All Applications received shall remain confidential until the Apparent Successful Bidder is announced; thereafter, the Applications shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW).

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

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

A charge will be made for copying and shipping, as outlined in RCW 42.56. No fee shall be charged for inspection of contract files, but twenty-four (24) hours’ notice to the RFA Coordinator is required.

All requests for information should be directed to the RFA Coordinator.

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2.7 REVISIONS TO THIS RFA

In the event it becomes necessary to revise any part of this RFA, addenda will be provided via e-mail to all individuals who have made the RFA Coordinator aware of their interest. Addenda is also published on Washington’s Electronic Business Solution (WEBS), located at WEBS. Such addenda will also be published anywhere the RFA is posted, including on COMMERCE’S public webpage, located at Contracting with Commerce – Washington State Department of Commerce.

You may also send your name and e-mail address to the RFA Coordinator to request to receive any RFA addenda.

COMMERCE also reserves the right to cancel or to reissue the RFA in whole or in part, prior to execution of a contract.

2.8 ACCEPTANCE PERIOD

Applications must provide 60 days for acceptance by COMMERCE from the due date for receipt of Applications.

2.9 COMPLAINT PROCESS

Vendors may submit a complaint to COMMERCE based on any of following:

a) The solicitation unnecessarily restricts competition;

b) The solicitation evaluation or scoring process is unfair; or

c) The solicitation requirements are inadequate or insufficient to prepare an Application

A complaint may be submitted to COMMERCE at any time prior to 5 days before the bid response deadline. The complaint must meet the following requirements:

a) The complaint must be in writing;

b) The complaint must be sent to the RFA coordinator in a timely manner;

c) The complaint should clearly articulate the basis for the complaint; and

d) The complaint should include a proposed remedy

The RFA coordinator will respond to the complaint in writing. The response to the complaint and any changes to the solicitation will be posted on WEBS. The Director of COMMERCE will be notified of all complaints and will be provided a copy of COMMERCE’S response. The complaint may not be raised again during the protest period. COMMERCE’S action or inaction in response to the complaint will be final. There is no appeal process.

2.10 RESPONSIVENESS

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

Disqualified Applicants will be notified after the announcement of the Apparently Successful Applicant(s).

https://pr-webs-vendor.des.wa.gov/ https://www.commerce.wa.gov/contracting/

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Disqualified Applicants will be informed of the reason for disqualification; this shall constitute a debriefing conference for the purposes of Section 4.7, Protest Procedure.

COMMERCE reserves the right, at its sole discretion, to waive minor administrative irregularities.

2.11 MOST FAVORABLE ITEMS

COMMERCE reserves the right to make an award without further discussion of the Application submitted. Therefore, the Application should be submitted initially on the most favorable terms which the Applicant can propose. COMMERCE reserves the right to contact an Applicant for clarification of its Application.

The Applicant should be prepared to accept this RFA for incorporation into a contract resulting from this RFA. Contract negotiations may incorporate some, or all, of the Applicant’s Application. It is understood that the Application will become a part of the official procurement file on this matter without obligation to COMMERCE.

2.12 CONTRACT AND GENERAL TERMS AND CONDITIONS

The Apparent Successful Applicant 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 E. In no event is an Applicant to submit its own standard contract terms and conditions in response to this solicitation. The Applicant may submit proposed edits as allowed in the Certifications and Assurances section, Exhibit A to this RFA. COMMERCE will review requested edits and accept or reject the same at its sole discretion.

2.13 COSTS TO PROPOSE

COMMERCE will not be liable for any costs incurred by the Applicant in preparation of an Application submitted in response to this RFA, in conduct of a presentation, or any other activities related to responding to this RFA.

2.14 NO OBLIGATION TO CONTRACT

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

2.15 REJECTION OF RESPONSES

COMMERCE reserves the right at its sole discretion to reject any and all Applications received without penalty and not to issue a contract as a result of this RFA.

2.16 COMMITMENT OF FUNDS

The Director of COMMERCE or the Director’s delegate are the only individuals who may legally commit COMMERCE to the expenditures of funds for a contract resulting from this RFA. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

2.17 ELECTRONIC PAYMENT

The state of Washington prefers to utilize electronic payment in its transactions. The successful Applicant must have or obtain a Statewide Vendor Number (SWV) from the Office of Financial

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Management (OFM) to be paid by COMMERCE. For more information visit Office of Financial Management |.

2.18 INSURANCE COVERAGE

The Applicant is to furnish COMMERCE with a certificate of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below if requested.

The Applicant shall, at Applicant’s 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 Applicant shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and, if requested, a copy shall be forwarded to COMMERCE within fifteen (15) days of the contract effective date.

Standard insurance requirements are included within the sample contract and its special terms and conditions attached as Exhibit E.

3 REPONSE CONTENTS

ELECTRONIC RESPONSES:

Applications must be written in English and submitted an attachment to the application form in the order noted below:

1) Certifications and Assurances (Exhibit A)

2) Applicant Information (Exhibit B)

a. All required attachments listed in Section 1.3 and Exhibit B

3) Diverse Business Inclusion Plan (Exhibit C)

4) Workers’ Rights Certification (Exhibit D)

Applications 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 Application, but should also assist the Applicant in preparing a thorough response.

All items marked “mandatory” must be included as part of the Application for the Application 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 CERTIFICATIONS AND ASSURANCES (MANDATORY)

The Certifications and Assurances form (Exhibit A) must be signed and dated by a person authorized to legally bind the Applicant 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. Those wishing to submit any proposed contract edits must indicate so on this form (see Section 2.12).

3.2 APPLICANT INFORMATION (SCORED)

The Applicant Information form (Exhibit B) must be completed in its entirety. If any question or section does not apply, please enter “N/A” or “None”.

https://ofm.wa.gov/ https://ofm.wa.gov/

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3.3 DIVERSE BUSINESS INCLUSION PLAN (MANDATORY)

The Diverse Business Inclusion Plan (Exhibit C) is a communication tool allowing Applicants to inform COMMERCE if diverse business will be involved in the contract if awarded. Participation includes directly (the Applicant) and indirectly, such as any subcontractors or subgrantees who might carry out services chargeable to the contract. In accordance with legislative findings and policies set forth in RCW 39.19, the state of Washington encourages participation in all contracts by firms certified by the office of Minority and Women’s Business Enterprises (OMWBE), set forth in RCW 43.60A.200 for firms certified by the Washington State Department of Veterans Affairs, and set forth in RCW 39.26.005 for firms that are Washington Small Businesses. No minimum level of minority-and women-owned business enterprise (MWBE), Washington Small Business, or Washington State certified Veteran Business participation is required as a condition for receiving an award. Any affirmative action requirements set forth in any federal rules included or referenced in the contract documents will apply.

3.4 WORKERS RIGHTS CERTIFICATION (MANDATORY)

The Workers’ Rights Certification (Exhibit D) must be signed and dated as described in Section 3.1.

Some employers require their employees to waive certain rights. While this is legally permitted, the Washington Governor’s Office considers it a harmful and disfavored practice. Executive Order 18-03 requires all state agencies to award bonus points in competitive processes to increase contracting with employers that do not require their employees to sign an individual arbitration clause or waiver of collective or class action. Those Applicants which certify they do not require their employees to waive such rights as a condition of employment will receive an extra 3% of their awarded points added to their final score.

4 EVALUATION AND CONTRACT AWARD

4.1 EVALUATION PROCEDURE

Complete and responsive Applications will be evaluated strictly in accordance with the requirements stated in this RFA and any addenda issued. The evaluation of Applications will be accomplished by an evaluation team to be designated by COMMERCE, which will determine the ranking of the Applications.

4.2 CLARIFICATION OF RESPONSE

The RFA Coordinator may contact Applicants for clarification of any portion of the Applicant’s Application. Submission or alteration of any materials after the due date is prohibited.

4.3 EVALUATION AND SCORING

Applications will be evaluated in relation to compliance with the CBPS and how the proposed project(s) will address either bringing a building into compliance or closer to compliance, with the CBPS. Work Plan and Program Management aspects will be scored for overall quality of the proposed plan. Cost is scored on properly filling out the projected budget, not on total request amounts.

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The following funding allocation priorities will also be considered and are presented in no particular order:

Proposal for a Tier 1 covered building with the earliest compliance dates

Proposal for a Tier 1 covered building above its EUIt and with a higher EUI relative to buildings of a similar use-type

Proposal for a Tier 1 covered building with no measurable EUI or a building without an EUIt

Owned by a sovereign nation or tribe

Located in a small city or town with a population under 5,000

Located in a rural county (see: Office of Financial Management list of rural counties)

Proposal for a K-12 school building

Proposal for a project located in a community that ranks 9 or 10 on Washington’s Department of Health Environmental Health Disparities Map along one of the following dimensions:

o Environmental effects o Environmental exposure o Sensitive population

Has never received a grant from COMMERCE previously

Work Plan – 70%

• Building size, use-type, and CBPS compliance deadline

• Progress toward CBPS compliance

• Explanation of project objectives, needs, and strategy for completion

• Additional information and attachments for individual program requirements, where applicable

Program Management – 25%

• Description of project timeline

• Ability to compete within the period of performance

Cost – 5%

• Budgets will be evaluated for relevance to the proposed project and by supporting documentation like engineering studies, quotes, redline drawings and cut sheets, if available

• Must be within allowable range in Section 1.4, if applicable

Additionally, those organizations which certify they do not require their employees to sign an individual arbitration clause as a condition of employment will receive an extra 5% of their awarded points added to their final score (see Exhibit D).

4.4 VIRTUAL PRESENTATIONS MAY BE REQUIRED

COMMERCE, at its sole discretion, may select the top-scoring Applicant(s) from the written evaluation for a virtual presentation. If so, COMMERCE will contact the top-scoring Applicant(s) to schedule a date and time to meet on a platform such as Zoom or Microsoft Teams. Commitments made by the Applicant at the virtual presentation, if any, will be considered binding.

If held, the virtual presentation shall determine the Apparent Successful Applicant(s).

https://ofm.wa.gov/washington-data-research/population-demographics/population-estimates/population-density/population-density-and-land-area-criteria-used-rural-area-assistance-and-other-programs https://doh.wa.gov/data-and-statistical-reports/washington-tracking-network-wtn/washington-environmental-health-disparities-map

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4.5 NOTIFICATION OF APPLICANTS

Applicants that are not selected for further negotiation or award will be notified by e-mail.

4.6 DEBRIEFING OF UNSUCCESSFUL APPLICANTS

Upon request, a debriefing conference will be scheduled with an unsuccessful Applicant. The request for a debriefing conference must be received by the RFA Coordinator within three (3) business days after the Notification of Unsuccessful Applicant notice is emailed to the Applicant.

The debriefing must be scheduled within three (3) business days of the request.

Discussion at the debriefing conference is strictly limited to the following:

• Evaluation and scoring of that organization’s Application;

• Any written comments from evaluators related to that Applicant;

• Review of their final score in comparison with the other final scores without identifying the other participants or reviewing their Applications

Comparisons between proposals or evaluations of the other proposals are not allowed. Debriefing conferences may be conducted on the telephone or by other electronic means and will be scheduled for a maximum of thirty (30) minutes. COMMERCE reserves the right to end a debriefing for any reason.

4.7 PROTEST PROCEDURE

This procedure is available to Applicants who submitted an Application in response to this RFA document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Applicant is allowed five (5) business days to file a protest of the RFA process with the RFA Coordinator. Protests must be received by the RFA Coordinator no later than 5:00pm Pacific time on the fifth business day following the debriefing. Protests must be submitted by email.

Applicants may choose to copy COMMERCE’S Central Contracts Office at centralcontracts@commerce.wa.gov. Do not copy any other COMMERCE staff.

Anyone protesting this procurement must 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 under this RFA.

All protests must be in writing and signed by the protesting party or an authorized agent. The protest must state 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. All protests shall be addressed to the RFA Coordinator.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

• A matter of bias, discrimination or conflict of interest on the part of the evaluator

• Errors in computing the score

• Non-compliance with procedures described in this procurement document or current

COMMERCE policy

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as:

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1) An evaluator’s professional judgment on or assessment of the quality of an Application

2) COMMERCE’S assessment of its own and/or other agencies’ needs or requirements

Scores received are not a valid basis of protest and will be dismissed as without merit unless included with facts supporting bias, discrimination, or conflict of interest on the part of an evaluator.

Upon receipt of a protest, a protest review will be held by COMMERCE. COMMERCE’S Chief Contracts Officer, or other employee delegated by the Director who was not involved in the award process, will consider the record and all available facts and issue a decision within ten (10) 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 directly impact the actual interest of another Applicant, such Applicant may be given an opportunity to submit its views and any relevant information on the protest.

The final determination of the protest shall:

• Find the protest lacking in merit and uphold COMMERCE’S action, or

• Find only technical or harmless errors in COMMERCE’S acquisition process and determine COMMERCE to be in substantial compliance and reject the protest, or

• Find merit in the protest and provide COMMERCE options which may include:

o Correct the error(s) and re-evaluate all Applications o Reissue the solicitation document and begin a new process o Make other findings and determine other courses of action as appropriate

If COMMERCE determines that the protest is without merit, COMMERCE may enter into a contract with the Apparent Successful Applicant(s). If the protest is determined to have merit, one of the options above will be taken.

5 RFA EXHIBITS

Exhibit A: Certifications and Assurances

Exhibit B: Applicant Information

Exhibit C: Diverse Business Inclusion Plan

Exhibit D: Workers’ Rights Certification

Exhibit E: Example Grant Contract Including General Terms and Conditions

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EXHIBIT A: CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of my/our Application, 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(s):

1. I/we declare that all answers and statements made in the Application 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 Application.

3. The attached Application is a firm offer for a period of 60 days following receipt, and it may be accepted by COMMERCE 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 Application, 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 Application or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. I/we understand that COMMERCE will not reimburse me/us for any costs incurred in the preparation of this Application. All Applications become the property of COMMERCE, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this Application.

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

7. I/we agree that submission of the attached Application 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…