CBPG-024 RFA.pdf

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR APPLICATIONS (RFA)

RFA NO. CBPG-024

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

PROJECT TITLE: Clean Buildings Performance Grants

RESPONSE DUE DATE: January 30th, 2025 at 3:00 p.m.

EXPECTED TIME PERIOD FOR CONTRACT: March 12, 2025 – June 30, 2025

CONTRACTOR ELIGIBILITY: This procurement is open to those entities which satisfy the minimum qualifications stated herein and are available for work in Washington. Entities must either own a privately held Tier 1 building or a publicly owned Tier 1 or Tier 2 building. Alternatively, entities may hold a lease on the above buildings types that extends beyond the expected lifetime of the proposed project.

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

Table of Contents

1 INTRODUCTION 3

1.1 PURPOSE AND BACKGROUND 3

1.2 OBJECTIVES 3

1.3 MINIMUM QUALIFICATIONS 3

1.4 FUNDING 4

1.5 PERIOD OF PERFORMANCE 4

1.6 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES 4

1.7 DEFINITIONS 4

1.8 ADA 5

2 GENERAL INFORMATION 6

2.1 RFA COORDINATOR 6

2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES 6

2.3 APPLICANTS’ CONFERENCE 6

2.4 QUESTION AND ANSWER PERIOD 7

2.5 SUBMISSION OF RESPONSES 7

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE 7

2.7 REVISIONS TO THE RFA 8

2.8 ACCEPTANCE PERIOD 8

2.9 COMPLAINT PROCESS 8

2.10 RESPONSIVENESS 8

2.11 MOST FAVORABLE TERMS 9

2.12 CONTRACT AND GENERAL TERMS & CONDITIONS 9

2.13 COSTS TO PROPOSE 9

2.14 NO OBLIGATION TO CONTRACT 9

2.15 REJECTION OF RESPONSES 9

2.16 COMMITMENT OF FUNDS 9

2.17 ELECTRONIC PAYMENT 9

2.18 INSURANCE COVERAGE 9

3 RESPONSE CONTENTS 10

3.1 CERTIFICATIONS AND ASSURANCES (MANDATORY) 10

3.2 APPLICANT INFORMATION (SCORED) 10

3.3 DIVERSE BUSINESS INCLUSION PLAN (MANDATORY) 10

3.4 WORKERS’ RIGHTS CERTIFICATION (MANDATORY) 10

4 EVALUATION AND CONTRACT AWARD 11

4.1 EVALUATION PROCEDURE 11

4.2 CLARIFICATION OF RESPONSE 11

4.3 EVALUATION AND SCORING 11

4.4 VIRTUAL PRESENTATIONS MAY BE REQUIRED 11

4.5 NOTIFICATION TO APPLICANTS 11

4.6 DEBRIEFING OF UNSUCCESSFUL APPLICANTS 12

4.7 PROTEST PROCEDURE 12

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 Contract with General Terms and Conditions

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 proposals from those qualified and interested in grant funding for pursuing compliance with the Washington State Clean Buildings Performance Standard (CBPS).

Engrossed Substitute Senate Bill 5949 as Amended by the House in Section 1029, authorizes $25,000,000 for Tier 1 Covered buildings as defined in RCW 19.27A.200. COMMERCE has reserved this portion of funding for privately held Tier 1 buildings, including non-profit organizations, pursuing compliance with the CBPS.

Additionally, Engrossed Substitute Senate Bill 5949 as Amended by the House in Section 1029, authorizes $15,427,000 for public buildings. This portion of funding is open to local governments, municipalities, port and hospital districts, public higher education institutions, school districts, federally recognized Tribal governments and state agencies pursuing compliance for Tier 1 or Tier 2 Building(s) as defined in RCW 19.27A.200.

1.2 OBJECTIVES

The primary objective of this funding is to support compliance with the CBPS. As compliance will look different from one building to the next, COMMERCE has identified two basic scopes of work as a framework for applicants. The two basic scopes of work relate to;

1. Building retrofit projects. These 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 correlate to bringing a building below its Energy Use Intensity Target (EUIt), in relation to the CBPS.

2. Contracted service projects. These projects can include but are not limited to developing an energy management plan, operations and maintenance program, energy auditing services, accounting support intended to either bring a building into compliance with the CBPS or identify a clear pathway toward compliance.

Funding allocation priorities include buildings with the earlier compliance dates, as well as those who may face penalties without immediate support. Additional priorities will consider the resulting amount of energy saved, ability to finish the project within the period of performance, as well as considerations for geographic equity and availability of accelerator program support.

COMMERCE may award multiple contract(s) as a result of this RFA.

1.3 MINIMUM QUALIFICATIONS

Minimum qualifications for the applicant include:

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

Privately-owned, Tier 1 building pursuing compliance with the CBPS.

Publicly-owned, Tier 1 or Tier 2 building pursuing compliance with the CBPS.

o Publicly owned: local governments, municipalities, port and hospital districts, public higher education institutions, school districts, federally recognized Tribal governments and state agencies.

Applicant must either own the facilities proposed for the project, or hold a lease that extends beyond the time of the expected life of the proposed project.

Minimum qualifications for the project include:

All portions of the proposed project must be directly related to pursuing compliance with the

CBPS.

https://app.leg.wa.gov/rcw/default.aspx?cite=19.27A.200 https://app.leg.wa.gov/rcw/default.aspx?cite=19.27A.200

Applications which do not clearly meet or exceed these minimum qualifications will be rejected as non-responsive and will not receive further consideration. Any Application that is rejected as non-responsive will not be evaluated or scored.

1.4 FUNDING

COMMERCE has budgeted an amount not to exceed $24,250,000 for Tier 1 privately owned buildings and $14,964,190 for Tier 1 and Tier 2 publicly owned buildings. This amount represents the deduction of 3% for administrative costs as approved by the Office of Financial Management.

Applications in excess of $2,000,000.00 will be rejected as non-responsive and will not be evaluated.

There will be no minimum application amount. Applicants can combine multiple scopes of work into a single application with a combined amount not exceeding $2,000,000.00.

There are no match requirements associated with these funds.

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.

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

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

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 to end on June 30, 2025.

Pending legislative approval, this funding may be appropriated to extend the contract end date.

COMMERCE reserves the option at its sole discretion to extend the contract for two additional one-year periods. Extensions and/or additional funding are not guaranteed.

1.6 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

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

42.52 of the Revised Code of Washington. 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:

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: Individual, company, organization, or firm submitting an Application in order to attain a contract with COMMERCE.

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

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 -https://www.commerce.wa.gov/cbps/ https://apps.leg.wa.gov/wac/default.aspx?cite=194-50 https://www.commerce.wa.gov/cbps/

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.

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

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.

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.

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 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 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 Derek Cockle E-Mail Address

CBPSGrants@commerce.wa.gov

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.

2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Applications (RFA) December 16, 2024 Applicants’ Conferences December 19, 2024 &

January 9, 2025 Question & answer period December 16 – January 23, Answers issued no later than January 23, 2025 Applications due January 30, 2025 @ 3PM

PST

Evaluation February 3 – February 18, Conduct virtual presentations with finalists, if required February 19, 2025 Announce “Apparent Successful Applicants” and send notification via e-mail to unsuccessful Applicants

February 24, 2025

Hold debriefing conferences (if requested) February 26 – March 12, Negotiate contracts February 26 – March 12, Earliest date contract may be signed March 12, 2025

COMMERCE reserves the right to revise the above schedule.

2.3 APPLICANTS’ CONFERENCE

A conference(s) will be held on December 19, 2024 at 12:00 p.m – 1:00 p.m., Pacific time and January 9, 2025 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 19, 2024 – Applicants’ Conference

2. January 9, 2025 – Applicants Conference

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 made the RFA Coordinator aware of its interest in this RFA.

https://wastatecommerce.zoom.us/meeting/register/tZAqfuisrjkoGtCyvVRkhxGc0e8L2xNEDTzM https://wastatecommerce.zoom.us/meeting/register/tZIucOuoqzktHNe1EvlFgiPhVk3sl0dBQavf

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 no later than 3:00 pm, Pacific Time, on January 30, 2025.

Applications must be submitted electronically as an attachment to an e-mail to the RFA Coordinator, at the e-mail address listed in Section 2.1. Attachments to e-mail shall be in Microsoft Word format or PDF. Zipped files cannot be received by 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. COMMERCE does not assume responsibility for problems with non-COMMERCE e-mail. If COMMERCE email is not working, appropriate allowances will be made.

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 e-mail 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

Applications submitted in response to this competitive procurement shall become the property of 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.

2.7 REVISIONS TO THE 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 https://fortress.wa.gov/ga/webs/.

Such addenda will also be published anywhere the RFA is posted, including on COMMERCE’S public webpage, located at https://www.commerce.wa.gov/contracting/.

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).

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.

https://fortress.wa.gov/ga/webs/ https://www.commerce.wa.gov/contracting/

2.11 MOST FAVORABLE TERMS

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 & 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 Management (OFM) to be paid by COMMERCE. For more information visit OFM at www.ofm.wa.gov.

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.

http://www.ofm.wa.gov/

3 RESPONSE CONTENTS

ELECTRONIC RESPONSES:

Applications must be written in English and submitted electronically to the RFA Coordinator in the order noted below:

1. Certifications and Assurances (Exhibit A)

2. Applicant Information (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”.

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 5% 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

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

Applications will be evaluated in relation to compliance with the Clean Buildings Performance Standard and how the proposed project(s) will address either bringing a building into compliance or closer to compliance, with the CBPS.

Additional evaluation will focus on a building’s compliance date, possible energy saved, ability to complete a project within a limited timeframe and a building or organization’s relationship to the community. The level of support available to the building will also be assessed (including utility incentives, availability of clean buildings accelerator programs, etc.).

Application Questions – 80%

Compliance - 60% Program Management – 20%

Scope of Work – 10% Must align with compliance plan.

Must align with budget and energy audit (if incorporated into project).

Must demonstrate that project can be completed within the period of performance.

Budget – 10% 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.

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).

4.5 NOTIFICATION TO 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 is 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: 1) An evaluator’s professional judgment on or assessment of the quality of an Application, or 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.

mailto:centralcontracts@commerce.wa.gov

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

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 Applicant to induce any other person or organization to submit or not to submit an Application for the purpose of restricting competition.

9. I/we grant COMMERCE the right to contact references and others, who may have pertinent information regarding the Applicant’s prior experience and ability to perform the services contemplated in this procurement.

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

I/We have reviewed the Contract and General Terms and Conditions and I/we: (check one and sign) ☐ are submitting proposed Contract edits. If proposed Contract edits are being submitted, I/we have attached them to this form. (See Section 2.12) ☐ are not submitting proposed Contract edits. (Default if neither are checked)

On behalf of the organization submitting this Application, my signature below attests to the accuracy of the above statements as well as my authority to bind this organization.

Signature

Printed Name and Title Date

EXHIBIT B

APPLICANT INFORMATION

Full Legal Name of Organization Licensed to do Business in Washington?

☐ Yes

☐ Will become licensed within 30 days of award

☐ Federally recognized tribal government

Year Incorporated Entity Type Applicant Type Number of Employees Choose an item. Choose an item. Choose an item.

Additional Detail:

Mailing Address Physical Address (if different than mailing address) Street: Street:

City: State: Zip Code: City: State: Zip Code:

Statewide Vendor Number (SWV): Uniform Business Identifier (UBI): Unique Entity Identifier (UEI): Federal Employer ID (FEIN):

Not Applicable Not Applicable

Commerce Building ID(s) if available:

Key Staff Primary contact person for this Application Other Application contact Name and Title: Name and Title:

Phone: Phone:

Email: Email:

SIgnatory (Person with authority to bind organization) Grant Manager (Primary contact for grant activities)

Name/Title: Name/Title:

Phone: Phone:

Email: Email:

Finance (Primary contact for invoices and payment) Data Manager (Primary contact for data security)

Name/Title: Name/Title:

Phone: Phone:

Email: Email:

Subgrantee Information (if applicable) Name of Organization Licensed to do Business in WA State ☐ Yes

☐ Will become licensed within 30 days of award

☐ Federally recognized tribal government Uniform Business Identifier (UBI) Federal Employer ID (FEIN) Subgrantee Contact Name and Phone Number

Summary of subgrantee’s primary responsibilities (50 words maximum)

Current or former state employees

Identify any state employees or former state employees employed by the Applicant or on the Applicant’s governing board as of the date of submission. Include their position and responsibilities within the Applicant’s organization. If, following a review of this information, it is determined by Commerce that a conflict of interest may exist, the Applicant may be disqualified from further consideration for the award of a contract.

Name Title Responsibilities State Agency Last Year Worked

☐ I/we certify no current or former state employees are employed by this organization nor serve on the governing board.

Past Contracts If the Applicant has had any contract terminated for default in the last five years, describe below. Termination for default, also called termination for cause, is defined as notice to stop contract work for reasons related to contract performance and/or compliance and the termination was either (a) not litigated due to inaction on the part of the Applicant, or (b) litigated and such litigation determined that the Applicant was in default. Submit full details of the terms for default, adding additional pages if needed and include: the other party's and contact information, as well as your position on the matter. Commerce will evaluate the facts and may, in its sole discretion, reject the Application on these grounds.

Other Party Contract Purpose Date of Termination Details

☐ I/we certify the Applicant has had no contracts of any kind terminated for default in the last five years.

If the Applicant has held any contract (including grants, work orders, purchase requests, MOUs, etc.) with the state of Washington, whether an Agency, Department, Board, Office, Council, Institution of Higher Education, or other entity of the state, within the past 36 months, describe each contract below:

State Agency and Contract Manager Name Contract Number Total Amount Start Date End Date

☐ I/we certify the Applicant has not held any contract with the state of Washington in the past 36 months.

Contributors

Please list all those who worked on the development of this Application, whether or not employed by the Applicant.

Name and Title RFA Section(s)

APPLICATION QUESTIONS

This building: (check all that apply)

☐ Is owned by the applicant.

☐ Is located in a rural area of Washington (Cities with less than 50,000 residents and Counties with less than 200,000 residents). If yes, what County and City?: Click or tap here to enter text.

☐ Is located in a community highlighted on the Office of Financial Management’s

Overburdened Communities and Vulnerable Populations Map (Enter the address of the building to identify if it falls within a highlighted area).

☐ Has never received an energy efficiency based grant from Commerce.

SCOPE OF WORK

Is the scope(s) of work directly related to pursuing compliance with the Clean Buildings Performance Standard?

☐ Yes

☐ No

What Scope(s) of Work are included in your application? (Check both, if applicable):

☐ Building Retrofit Project (Heating and cooling upgrades, lighting upgrades, controls upgrades, building envelope upgrades, etc.)

☐ Contracted Services Project (Developing and energy management plan, energy auditing services, accounting support, etc.)

COMPLIANCE QUESTIONS

Please answer each question in enough detail to convey to the evaluation team the Applicant’s understanding of compliance with the CBPS, the building or organization’s relationship with the community, and the Applicant’s organizational priorities and practices. If a question is not applicable provide a brief explanation as to why it does not apply.

1. Based on your building’s size, what is the compliance date of your building?

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https://geo.wa.gov/datasets/e0074300efda47efa6b01e6236bcfe48_0/explore?location=46.939472%2C-120.897341%2C7.00

2. Referring to section 1.1 and 1.2 for the purpose and objectives of this RFA, please describe your CBPS compliance plan and what portions of compliance your proposed project will address?

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3. Is this project expected to bring your building fully into compliance with the CBPS? If no, what steps will remain and how does the proposed project contribute to compliance?

Click or tap here to enter text.

4. What is your Building’s Energy Use Intensity (EUI) and Energy Use Intensity Target (EUIt)? Over what 12-month period was the building’s EUI measured/benchmarked? If you are unable to determine your building’s EUI and/or EUIt, please explain why.

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5. What are the estimated energy savings directly resulting from the proposed project? How was this determined? If you have already subcontracted for these services, has your contractor guaranteed these energy savings for your project?

Click or tap here to enter text.

6. If you are unable to estimate the energy savings directly resulting from the proposed project, how will the proposed project contribute to energy savings over time? How was this determined?

PROGRAM MANAGEMENT QUESTIONS

1. Please describe your project timeline in detail and identify where you are at in the process. Identify material, labor, and contracting lead times. Do you have concerns about finishing the proposed project by June 30, 2025? If so, what are they?

2. Have you identified a contractor(s) to perform these services? If yes, how was that contractor(s) chosen? If no, how will you determine who will provide these services?

3. Marginalized communities are routinely underserved. How does this building or your organization support underserved communities and how would you use this funding to serve communities equitably?

NARRATIVE

Please describe your project in detail and explain how your proposed scope of work will enable compliance with the CBPS. Include the following sections:

1. Background. Include a background with building details, a description of how the scope of work was selected, how it fits into a compliance plan, and how it will enable compliance with the CBPS.

2. Scope of Work. Describe the scope of work in detail. Include reference/citation to any energy audits, engineering studies, cut sheets, drawings and quotes that have informed the project.

3. Project Schedule. Provide a realistic schedule that includes, if applicable, any required approvals, contracting, material procurement, construction, and measurement and verification activities. Additionally, what considerations have been made to ensure the project can be finalized within the period of performance identified in section 1.5?

BUDGET

Please include a detailed budget not to exceed the amount identified in Section 1.4 ($2,000,000.00). Include costs of all things necessary to carry out the services of this RFA. Costs for work to be done by subcontractors or subgrantees are to be broken out separately.

The evaluation process is designed to award funding not necessarily to the Applicants of least cost, but rather to Applicants that best meet the requirements of this RFA. Applicants are encouraged, however, to submit budgets which are consistent with efforts to conserve state resources.

Example project costs could include:

Design and Engineering Project Materials Construction costs Contracted services

Please include a supplemental budget of any additional funding sources which are, or are intended to support compliance efforts.

Example sources of funding could include:

Utility Incentives Local (City/County) Support Other Department of Commerce grants and/or incentives Tax credits

EXHIBIT C

DIVERSE BUSINESS INCLUSION PLAN

Please see Section 3.3 for more information regarding the Diverse Business Inclusion Plan.

If awarded a contract as a result of this RFA, do you anticipate subcontracting* with or purchasing from any of the following:

Yes No State Certified Minority Owned Businesses? ☐ ☐

State Certified Woman Owned Businesses? ☐ ☐

State Certified Veteran Owned Businesses? ☐ ☐

Washington Small Businesses? ☐ ☐

Organizational Goals:

Please list the approximate percentage of funding received through this RFA which is expected to be subcontracted to each subcontractor category:

For example, say the total funding is $10,000. Of that, $1,000 will be subcontracted to a business to create one of the deliverables and the organization plans to use a Washington Small Business. They would enter “10%” on the appropriate line below. On the other hand, if all subcontracts will be with nonprofit organizations or with businesses not described below, they would enter “0%”.

State Certified Minority Owned Businesses: __% State Certified Woman Owned Businesses: __% State Certified Veteran Owned Businesses: __% Washington Small Businesses: __%

Please list the approximate percentage of purchases reimbursed by funding received as a result of this RFA that will be made from each category:

For example, say allowable expenses are estimated to be $1000, most of which will reimburse the cost of supplies purchased from various sources. If the organization plans to make half of those purchases from a Certified Woman-Owned Business, they would enter “50%” on the appropriate line below.

State Certified Minority Owned Businesses: __% State Certified Woman Owned Businesses: __% State Certified Veteran Owned Businesses: __% Washington Small Businesses: __%

If you plan to subcontract and/or purchase with funding received as a result of this RFA and answered ‘No’ to all questions above, please explain:

Click or tap here to enter text.

☐ I/We do not plan to subcontract any of the work described in this RFA.

☐ I/We do not plan to make any purchases reimbursable under this RFA.

Please identify the person in your organization who will manage your Diverse Business Inclusion Plan related to this project:

Name: __________________ Title: __________________ Phone: __________________ E-Mail: __________________

*Please note that subcontracting must be done in accordance with contractual terms and conditions which may include specific subcontractor selection requirements. Do not select subcontractors until you have reviewed all applicable requirements.

EXHIBIT D

Applicant Certification Executive Order 18-03 – Workers’ Rights

Pursuant to the Washington State Governor’s Executive Order 18-03, dated June 12, 2018, the Washington State Department of Commerce is seeking 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.

CBPG-024

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

☐ NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR

EMPLOYEES. This organization 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…