EE-024 RFA complete Amendment A.pdf

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR APPLICATIONS (RFA)

RFA NO. EE-024

Amendment A

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: Energy Efficiency Grants Solicitation (EE-024)

RESPONSE DUE DATE: Accepted August 26 – September 25, 2024 by 4pm Pacific time

CHANGES IN THIS AMENDMENT:

3.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Applications July 16, 2024 Applicants’ Conference July 23 August 5, 2024 Question & answer period July 23 – August 16,2024 Answers issued no later than August 19, 2024 Applications Accepted Beginning August 26, 2024 –

September 25, 2024 by 4pm Pacific time*

Evaluation August 27 – Sept. 17 October 3, 2024

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

September 19 - October 7, Hold debriefing conferences (if requested) September 20-27 No later than October 14, 2024

Negotiate contract October 7 – 28, 2024 Earliest date contract may be signed October 28, 2024

5.3 EVALUATION AND SCORING

A. SCORING

The following weighting and points will be assigned for evaluation purposes. Technical and Management aspects will be scored for overall quality of the proposed plan. Where a point range is listed, that additional item is scored on depth. Cost is not scored but the budget explanation is. Additional Considerations are informational; where priority points apply, the number is indicated and added to the total. The maximum possible score Additional Consideration points is 525 points.

EXPECTED TIME PERIOD FOR CONTRACT:

Ends June 30, 2025. Pending legislative approval this funding may be appropriated to extend the contract end date. Extensions and/or additional funding are not guaranteed.

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

Applicants must be public entities in the state of Washington, such as:

Local agencies, including any city, town, county, special district, municipal corporation, agency, port district or authority Public higher education institutions K-12 public school districts State agencies Federally-recognized Tribal government

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’ PRE-APPLICATION 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) 11

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 13

4.5 NOTIFICATION TO APPLICANTS 13

4.6 DEBRIEFING OF UNSUCCESSFUL APPLICANTS 14

4.7 PROTEST PROCEDURE 14

4.8 SUCCESSFUL APPLICANTS 15

RFA Exhibits:

Exhibit A Certifications and Assurances 17 Exhibit B Applicant Information 18 Exhibit C Diverse Business Inclusion Plan 23 Exhibit D Workers’ Rights Certification 24 Exhibit E Example Contract with General Terms and Conditions 25

Table of Contents 26

Face Sheet 27

6 Special Terms and Conditions 28

1. AUTHORITY 28

2. ACKNOWLEDGEMENT OF CLIMATE COMMITMENT ACT FUNDING 28

3. CONTRACT MANAGEMENT 28

4. COMPENSATION 28

5. BILLING PROCEDURES AND PAYMENT 28

6. SUBCONTRACTOR DATA COLLECTION 29

7. INSURANCE 29

8. FRAUD AND OTHER LOSS REPORTING 29

9. ORDER OF PRECEDENCE 29

General Terms and Conditions 31

1. DEFINITIONS 31

2. ALL WRITINGS CONTAINED HEREIN 31

3. AMENDMENTS 31

4. ASSIGNMENT 31

5. CONFIDENTIALITY AND SAFEGUARDING OF INFORMATION 31

6. COPYRIGHT 32

7. DISPUTES 32

8. GOVERNING LAW AND VENUE 33

9. INDEMNIFICATION 33

10. LICENSING, ACCREDITATION AND REGISTRATION 33

11. RECAPTURE 33

12. RECORDS MAINTENANCE 33

13. SAVINGS 33

14. SEVERABILITY 33

15. SUBCONTRACTING 33

16. SURVIVAL 34

17. TERMINATION FOR CAUSE 34

18. TERMINATION FOR CONVENIENCE 34

19. TERMINATION PROCEDURES 34

20. TREATMENT OF ASSETS 35

21. WAIVER 36

Attachment A: Scope of Work 37

Attachment B: Budget 38

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 retrofitting existing facilities and related projects that achieve energy and operational cost savings.

The Energy Retrofits and Solar Power for Public Buildings grants are open to local governments, public higher education institutions, school districts, federally recognized Tribal governments, and state agencies.

Engrossed Substitute Senate Bill 5949 as Amended by the House in Section 1002, authorizes $14,500,000 for Energy Efficiency Grants in the 2023-25 Energy Retrofits and Solar Power for Public Buildings proviso.

1.2 OBJECTIVES

The proviso provides for at least 20 percent of the funds awarded be designated for award to eligible projects in small cities or towns with a population of 5,000 or fewer residents. A higher energy savings to investment ratio must result in a higher project ranking. Priority consideration must be given to applicants that have not received grant awards for this purpose in prior biennia. Whenever possible and the most cost effective, projects should select the use of non-fossil fuel systems.

40% of the funds will be reserved for K-12 public school districts. School districts that submit a concept paper with estimated budget by the close of the initial application period, will have an additional 30 days to submit the full application. Concept papers must be reviewed and accepted by Commerce.

Another primary objective of this funding is to support the retrofit of publicly owned buildings that are pursuing compliance with Washington’s Clean Buildings Performance Standard. Tier 1 buildings in this process will receive priority consideration.

Priority will also be given to applicants with a developed community engagement plan for gauging community needs and impacts related to the proposed project.

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

1.3 MINIMUM QUALIFICATIONS

All applications that meet these minimum qualifications will be reviewed and scored. It is not necessary for a project to meet all of the program objectives (Sec. 1.2) to be considered.

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.

Applicants must be public entities in the state of Washington, such as:

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 Tribal government

Must submit an energy audit that meets the standards of a level 1, level 2, or targeted level 2 audit conducted no earlier than January 1, 2019. (Cost is reimbursable if the audit was done after July 1, 2023 and the application is funded.)

Must submit a complete application in the format, within the timeframe, and per the method of submission as outlined in this RFA. (Sections 2 and 3)

Minimum qualifications of the project include:

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

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

Projects must have a simple payback of fewer than 35 years using statewide average utility rates.

Projects must use non-fossil fueled equipment or demonstrate why that is not possible or cost effective.

The project must include a continuous commissioning plan to maintain the efficiency gains.

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 $14,065,000 for this competitive solicitation. This amount represents the deduction of 3% for administrative costs as approved by the Office of Financial Management.

Applications in excess of $1,000,000 or less than $100,000 will be rejected as non-responsive and will not be evaluated. The same applicant can apply for more than one award with the combined maximum totaling no more than $1,000,000.

Minimum match requirements of 15% for all eligible applicants EXCEPT

5% for applicants proposing projects in locations shown on the CEJEST Map of overburdened and disadvantaged communities . (Applicants whose communities are not shown on the map, may self-attest to a specific environmental disparity by attaching a description of the specific situation.)

0% for state agencies including higher education State funds may not be used as match

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

This funding cannot supplant or replace funds already committed to the project. Commerce will not fund projects beyond 100% of project costs.

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 tentatively scheduled to begin on or about October 1, 2024 and to end on June 30, 2025. Pending legislative approval this funding may be appropriated to extend the contract end date. 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:

https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5

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: The Clean Buildings Performance Standard consists of ASHRAE Standard 100-2018 and state amendments to ASHRAE Standard 100-2018, WAC194-50.

Use the following link to access the integrated document: https://www.commerce.wa.gov/growing-the-economy/energy/buildings/clean-buildings-performance-standard/

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.

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

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

(a) A licensed professional architect or engineer;

(b) A building energy assessment professional (BEAP) certified by the American Society of

Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE);

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

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

Engineers (AEE).

(e) An energy management professional (EMP) certified by the Energy Management Association

(EMA).

Qualified Person: A person having training, expertise and three years professional experience in building energy use analysis and any of the following:

(a) A licensed professional architect or engineer in the state of Washington;

(b) A person with Building Operator Certification (BOC) Level II by Building Potential;

(c) A building commissioning professional certified by an ANSI/ISO/IEC 17024:2012 accredited organization;

(d) A qualified energy auditor;

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

Engineers (AEE);

(f) An energy management professional (EMP) certified by the Energy Management Association

(EMA);

(g) (g) A person with South Seattle College Sustainable Building Science Technology Bachelor of

Applied Science degree, or as approved as equivalent by the AHJ.

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.

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.

https://www.commerce.wa.gov/growing-the-economy/energy/buildings/clean-buildings-performance-standard/ https://www.commerce.wa.gov/growing-the-economy/energy/buildings/clean-buildings-performance-standard/ https://buildingpotential.org/programs/building-operator-certification-boc/

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 Paul Currington Email energyretrofits@commerce.wa.gov Program webpage https://www.commerce.wa.gov/growing-the-economy/energy/energy-efficiency/

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 July 16, 2024 Applicants’ Conference July 23, August 5, 2024 Question & answer period July 23 – August 16,2024 Answers issued no later than August 19, 2024 Applications Accepted Beginning August 26, 2024

– September 25, 2024 by 4pm Pacific time*

Evaluation August 27 – Sept. 17 October 3, 2024

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

September 19 - October 7, Hold debriefing conferences (if requested) September 20-27 No later than October 14, 2024

Negotiate contract October 7 – 28, 2024 Earliest date contract may be signed October 28, 2024

*K-12 School Districts may submit concept papers for review with full applications by September 25.

COMMERCE reserves the right to revise the above schedule.

2.3 APPLICANTS’ PRE-APPLICATION CONFERENCE

Commerce will offer online sessions following the release of this RFA to enable prospective applicants to ask initial questions. A transcript of the All-Applicant session will be posted to the program webpage both in English and in Spanish.

A pre-application conference for all applicants will be held on Monday August 5 at 10 a.m., Pacific time.

The conference will be virtual only on a platform such as Zoom or Microsoft Teams. Email the RFA Coordinator to receive the meeting link. All prospective Applicants are encouraged attend; however, attendance is not mandatory.

A pre-application conference for tribal applicants only will be held on Monday August 5 at 3 p.m., Pacific time. The conference will be virtual only on a platform such as Zoom or Microsoft Teams. Email the RFA Coordinator to receive the meeting link.

mailto:energyretrofits@commerce.wa.gov https://www.commerce.wa.gov/growing-the-economy/energy/energy-efficiency/ https://www.commerce.wa.gov/growing-the-economy/energy/energy-efficiency/

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 and posted to the program webpage, with updates at least weekly.

Questions may be submitted in English or Spanish. If Spanish, answers will be posted in both languages. Requests for a copy of the complete Q&A in Spanish, may be requested by contacting the Solicitation Coordinator. (Sec. 2.1)

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 may be submitted to the RFA Coordinator beginning Monday, August 26, 2024 to 4:00pm PST, September 25, 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.

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 http://www.commerce.wa.gov/serving-communities/current-opportunities/.

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://fortress.wa.gov/ga/webs/ http://www.commerce.wa.gov/serving-communities/current-opportunities/

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

ELECTRONIC RESPONSES:

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

1. Certifications and Assurances (Exhibit A)

2. Applicant Information (Exhibit B) and attachments

a. Exhibit B form completed in its entirety

b. Energy Audit

c. Scope of Work

d. Budget

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 completed in its entirety with all its requested attachments. 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

B. SCORING

The following weighting and points will be assigned for evaluation purposes. Technical and Management aspects will be scored for overall quality of the proposed plan. Where a point range is listed, that additional item is scored on depth. Cost is not scored but the budget explanation is.

Additional Considerations are informational; where priority points apply, the number is indicated and added to the total. The maximum possible score including Additional Consideration points is 525.

Technical 80%:

An energy audit that meets the standards of a level 1, level 2, or targeted level 2 audit

Energy Savings to Investment Ratio is greater than 1 Simple payback is fewer than 35 years Fossil fuels are not used or satisfactorily explained Continuous Commissioning plan is provided (1-5 pts)

Management 20%:

Narrative description of objectives, situation/needs, process in choosing this approach Project timeline aligns with period of performance ending June 30, 2025 A plan for community engagement is provided (1-5 pts)

Cost:

Project budget falls between $100,000 and $1,000,000 Budget presented is adequately justified (1-5 pts)

Additional considerations:

Project in small city or town of < 5000 residents

Applicant has not received this grant previously (5 pts) Is this a Tier 1 building pursuing compliance – Y/N (10 pts) Project is located on the CEJEST Map of overburdened and disadvantaged communities or self-attestation – Y/N Is the applicant a K-12 public school district Exhibit A rcvd signed Exhibit C rcvd signed Exhibit D – no arbitration clause required (5 pts)

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).

C. APPLICATION INCLUSIONS:

ENERGY AUDIT

An Energy Audit is required. The Audit Template report will be used to document the building energy audit, baseline energy use and the energy savings opportunities. Technical experts will review application materials to ensure that the scope of work will achieve energy and cost savings, that energy savings are reasonable (which is used to calculate simple payback), and meet the Minimum Qualifications. Applications that fail to sufficiently provide documentation justifying the estimated energy savings, or fail to provide the required documentation or information will be disqualified from further consideration.

The Energy Audit must have been completed or updated no earlier than July 2022. The audit information must be used to complete the Audit Template.

If working through the DES Energy Savings Performance Contracting program (ESPC), the audit must be in compliance with the ESPC guidelines.

If not working through DES, an energy audit that meets the standards of a level 1, level 2, or targeted level 2 audit must be conducted in compliance with ASHRAE Standard 211-2018, Standard for Commercial Building Energy Audits - 2018.

The Audit Template Form D, DOE Building Energy Asset Score/Audit Template required Audit Template is a web based tool developed to standardize energy audit reporting consistent with ASHRAE Standard 211 requirements. It contains automated error checking and can be exported in various formats.

The Energy Efficiency Opportunities section of the Audit Template provides a summary description of proposed energy efficiency measures proposed for the project. The base case building is then used within the Audit Template to create comparison reports of the proposed efficiency opportunities. An energy audit of each facility in the project is required. All energy savings assumptions are clearly stated, documented, and based on recognized industry practices.

Building Energy Audit Template Instructions:

1. Copy and paste into your browser, the U.S. Department of Energy webpage:

https://buildingenergyscore.energy.gov/

2. Register

3. Choose the Audit Template, next “add audit report”.

4. Select from the drop-down menu, “WA Commerce Grants Report”. If the building is over 50,000 square feet, consider selecting “WA Commerce Clean Buildings – Form D Report.”

Completing the Audit Template:

Complete an Audit Template for each building in the project. Give each building a unique name with a maximum of 10 characters.

https://screeningtool.geoplatform.gov/en/#3/33.47/-97.5 https://des.wa.gov/services/facilities-leasing/energy-program/energy-savings-performance-contracting-espc https://des.wa.gov/services/facilities-leasing/energy-program/energy-savings-performance-contracting-espc https://www.ashrae.org/technical-resources/bookstore/standards-180-and-211 https://buildingenergyscore.energy.gov/

Complete the report type “WA Commerce Grants”. Complete all mandatory fields.

Use optional audit fields to provide more detail about the baseline building condition. These should be completed for all elements of the buildings that will be impacted by the energy savings opportunities proposed for this project.

o For example, if the energy efficiency improvement project proposes changes to the mechanical system, the audit of the base case mechanical system should be documented.

o Other optional sections of the audit may be omitted or included.

Populate the base case energy use fields required by the audit form. This should include at least one year of energy consumption data.

1 year of consecutive data must begin no earlier than July 1, 2022. If the available utility data has gaps, estimates from the utility may be substituted or with the approval of Commerce, monthly rates may be averaged.

Complete each field required to document the energy savings opportunities, cost and benefits.

This will be used for scoring and to determine if the project will have a simple payback of fewer than 35 years. See Table 1 (below): AVERAGE STATE ENERGY RATES.

Table 1: AVERAGE STATE ENERGY RATES If your project uses an energy source that does not appear in the table, use local utility rates.

Local rates are subject to review by Commerce for reasonableness.

Average Cost Unit

Electricity $0.1063 kWh

Natural Gas $0.7757 therm

Propane $1.60 Gal.

Heating Oil Provide utility bill that shows rates and units

Other Utilities Provide utility bill that shows rates and units

Water Provide utility bill that shows rates and units

SCOPE OF WORK

1. Must align with the energy audit and with the budget.

2. Must include a continuous commissioning plan.

3. Detailed instructions included in this RFA’s Exhibit B, Applicant Information.

BUDGET

1. Must include utility incentives and the match funds to be contributed by the applicant.

2. Includes template budget and scope of work, what else?

3. Detailed instructions included in this RFA’s Exhibit B, Applicant Information.

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.

4.8 SUCCESSFUL APPLICANTS

The following requirements will apply to successful Applicants who are awarded funds.

A. SUCCESFUL APPLICANT REQUIREMENTS:

Must complete a Risk Assessment Survey provided by COMMERCE.

Must maintain good standing with all applicable federal, state, local, and utility laws and requirements, including COMMERCE.

Be responsible for compliance with the contract for the duration of the performance period.

Must make available upon request, a certification of and maintain insurance as designated in

SECTION 2.18 INSURANCE COVERAGE and as stated in the executed contract for the performance period of the contract.

Must follow all state and/or local procurement requirements that apply.

Comply with contract, audit, and monitoring requirements, including scheduled site visits.

Utilize COMMERCE’s online invoicing process for reimbursement.

Are responsible for all costs incurred prior to the execution of a contract and not have the expectation for reimbursement of those costs.

Must comply with and ensure that all Grantees, Subcontractors, and Partners comply with:

o All applicable federal, state, local, and utility laws and requirements.

o The applicable requirements of this Program and any resulting contract.

Must ensure that all Grantees, Subcontractors, and Partners:

o Are responsible and qualified Applicants.

o Are eligible to bid on public works projects (not debarred).

o Are in and maintain good standing with all applicable federal, state, local, and utility laws and requirements, including from COMMERCE.

Must accurately and honestly represent the project within the application. COMMERCE reserves the right to revoke awards or terminate contracts inclusive of recuperating funding for projects that were misrepresented or fail to implement the project proposed during application.

Successful applicants must apply for available utility incentives if awarded and must report such incentives received to COMMERCE. COMMERCE will adjust the award to ensure the project is not funded beyond 100%.

B. PROJECT REQUIREMENTS:

Must serve the intended purpose of the contract for the duration of the performance period.

By the end of the performance period, the Applicant must have completed all mandatory activities as described in Section 1.2 OBJECTIVES.

Project must be owned by the Applicant and be located in the State of Washington, or the Applicant must demonstrate that they hold a lease extending beyond the expected lifetime of the improvements to be funded.

The project must not begin prior to COMMERCE receiving the signed award letter from the Awardee.

All entities involved must comply with Washington State Prevailing Wage.

Comply with Washington State Environmental Policy Act (SEPA).

Project construction and operation must comply with applicable federal, state, local, and utility laws and requirements.

Project construction and operation must comply with State Cultural and Historic Resource requirements and Tribal consultation as required by Governor’s Executive Order 21-02.

C. REPORTING REQUIREMENTS:

Report on all pass-through funding using the provided reportable expense template under the Governor’s Diverse Spend Initiative.

Recipients of funding must report to COMMERCE no less than quarterly regarding progress of the funded project, project outcomes upon completion of the project, budget projections, and other information upon request by COMMERCE. Upon project completion, a final summary of the project is required.

D. FUNDING REQUIREMENTS:

Funding awarded through this Program cannot supplant or displace any funding designated for the submitted project. If awarded funds will go towards an existing project, the Applicant may be required to provide information concerning the project’s funding to demonstrate that funds have not been displaced.

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 https://lni.wa.gov/licensing-permits/public-works-projects/prevailing-wage-rates/ https://ecology.wa.gov/regulations-permits/SEPA-environmental-review https://omwbe.wa.gov/state-supplier-diversity-reporting

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…