EFSEC 25-01 Comp Sol.docx

STATE OF WASHINGTON

ENERGY FACILITY SITE EVALUATION COUNCIL

COMPETITIVE SOLICITATION – NO. 2025-01

FOR

CERTIFIED COURT REPORTER AND TRANSCRIPTION SERVICES

Interested bidders: On behalf of the Washington State Energy Facility Site Evaluation Council (“EFSEC”), thank you for your interest in contracting with the State of Washington to provide services. To ensure a fair and transparent procurement process that is open to all qualified vendors, Washington’s Procurement Code for Services (RCW 39.26) requires that this procurement be conducted through a competitive solicitation process. Pursuant to this Competitive Solicitation, EFSEC intends to conduct a competitive procurement to award an Agency Contract for EFSEC to purchase Certified Court Reporter and Transcription Services, estimated to be valued of $150,000 or less. Because it is estimated to be $150,000 or less, the agency intends to award the contract to the lowest responsive and responsible bid from a small business (as defined in RCW 39.26.010(22)(a) or veteran-owned business, unless none of these businesses are responsible and responsive to this solicitation

This Competitive Solicitation and the resulting contract have unique features, requirements, and terminology, which are further explained in the Contracting Guide for Agency Contracts for Goods and Services (“Agency Contracting Guide”). The Competitive Solicitation consists of this document and the exhibits included in the summary table attached as Appendix A – Summary Table of All Included Exhibits & the Required Bid Submittals.

This Competitive Solicitation is organized into the following four sections and one appendix:

· Section 1 – Opportunity: Describes the opportunity for Bidders - i.e., what services are being solicited; award type; number of awards; historical sales information; and historical purchasers.

· Section 2 – Competitive Solicitation Process: Describes the procurement process for this Competitive Solicitation.

· Section 3 –Submitting A Bid: Details how Bidders prepare and submit a bid.

· Section 4 – Bid Evaluation: Details how Enterprise Services will review and evaluate bids to determine Contract awards.

· Appendix A: Summary Table of All Exhibits & the Required Bid Submittals.

SECTION 1 – OPPORTUNITY

This section identifies the services that Bidders will provide if awarded a contract. This section also includes available historical data regarding prior purchases that may help Bidders evaluate the potential opportunity including, when available, prior purchasing data.

1.1. SCOPE OF INCLUDED SERVICES. EFSEC is utilizing this Competitive Solicitation to solicit value-added bids from innovative, qualified Bidders to provide in-person/on-site certified, licensed Court Reporting and Transcription Services that, at a minimum, meet or exceed any mandatory minimum specifications for the services and/or the mandatory minimum performance requirements for Bidders who are awarded a Contract as set forth in Exhibits D - Contract.

EFSEC is establishing a pool of vendors for in-person/on-site certified, licensed Certified Court Reporter and Transcription Services to be used for regular monthly Board Meetings in Lacey, Washington, and occasional special hearings as needed; as well as other in-person/on-site special meetings or events statewide in Washington where EFSEC applications may be pending.

EFSEC intends to award up to three Certified Court Reporter and Transcription Services contracts to provide service coverage for all of Washington State.

ESTIMATED CONTRACT VALUE. Historically, for prior contracts, annual total sales are detailed below for the services. The total number of hearings and the need for Certified Court Reporter services has increased due to the rising number of EFSEC applications and an anticipated increase in the number of hearings. Total potential or estimated contract sales for the resultant contract are not known. Although EFSEC does not represent or guarantee any minimum purchase from the Contract, prior purchases under a similar contract are set forth in the following chart:

Historical Contract Values

EFSEC Court Reporting and Transcription Services

$5,373

$36,230

$20,124

SECTION 2 – COMPETITIVE SOLICITATION PROCESS

This section describes the procurement process for this Competitive Solicitation, including:

· Information about the purpose of the Competitive Solicitation;

· The form and term of the intended Contract;

· Important deadlines for this Competitive Solicitation;

· Information about the Pre-Bid Conference;

· Where to direct questions or concerns regarding the Competitive Solicitation;

· Limits on Bidder communications during the Competitive Solicitation process;

· Information about the complaint, debrief and protest process; and

· The process for potential amendments or modifications to the Competitive Solicitation.

2.1. PURPOSE OF THE COMPETITIVE SOLICITATION. The Competitive Solicitation is a required formal process for EFSEC to receive competitive bids from interested Bidders to evaluate pursuant to described criteria and, as appropriate, award Contracts for the specified services that function as enterprise procurement solutions.

2.2. CONTRACT FORM & TERM. As set forth in Exhibit D – Contract, the Contract term is up to twenty-four months (24) months with an option to extend the contract on a two-year basis for up to two (2) additional twenty-four (24) month terms for a total of six (6) years. Bidders must specify prices for the first twenty-four (24) months of the Contract term (such prices then will be adjusted as set forth in the Contract). The Contract is subject to earlier termination.

2.3. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

COMPETITIVE SOLICITATION DEADLINES

February 26, 2025

Attend via Microsoft Teams Weblink: Join the meeting now Password: Qn26WY6J

April 1, 2025 11:59 p.m. (Pacific Time)

April 3, 2025 11:59 p.m. (Pacific Time)

April 9, 2025 11:59 p.m. (Pacific Time)

May 6, 2025

May 20, 2025

Note: As required by Washington law, this Competitive Solicitation is posted to Washington’s Electronic Business Solution (“WEBS”). See RCW 39.26.150. As set for in the Contracting Guide, interested Bidders must register in WEBS. In the event there are amendments to this Competitive Solicitation, Enterprise Services will post such amendments to WEBS. Similarly, in the event of any timely Bidder questions (i.e., questions raised during the Pre-Bid Conference or the Question & Answer Period), Enterprise Services will post written responses to such questions to WEBS.

2.4. PRE-BID CONFERENCE. EFSEC will host a virtual Competitive Solicitation Pre-Bid Conference at the date and time set forth in Section 2.3, above. Bidders are encouraged to attend and participate, but attendance is not mandatory.

The Pre-Bid Conference is intended to:

· Familiarize Bidders with Washington’s requirements for governmental procurements of services through Enterprise Procurement Solution Contracts;

· Explain the Competitive Solicitation; and

· Allow Bidders to raise questions or concerns regarding the Competitive Solicitation.

As practicable, EFSEC will address Bidder questions or concerns that are raised during the Pre-Bid Conference at that time. Nonetheless, to ensure fairness to all potential Bidders, EFSEC will identify Bidder questions or concerns asked during the Pre-Bid Conference and the Procurement Coordinator will provide an official response in the question-and-answer period. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the Pre-Bid Conference is available with prior arrangement by contacting the Procurement Coordinator.

2.5. COMPETITIVE SOLICITATION QUESTIONS. Questions or concerns regarding this Competitive Solicitation must be directed to the following Procurement Coordinator:

The Procurement Coordinator will answer Bidder questions in writing posted to Washington’s Electronic Business Solution (WEBS). Bidders are encouraged to submit questions regarding the Competitive Solicitation as early in the process as possible to allow the Procurement Coordinator to consider and respond.

Note: If Bidders have questions or concerns regarding the Contract (see Exhibit D – Contract), Bidders must raise such questions or concerns, in writing, to the Procurement Coordinator before the Deadline for Submitting Questions stated in Section 2.1, above. Enterprise Services does not intend to negotiate substantive terms and conditions pertaining to the resulting Contracts at Contract award.

2.6. BIDDER COMMUNICATION DURING COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all Bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator. Bidders should rely ONLY on this Competitive Solicitation and written amendments to this Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding this Competitive Solicitation be binding. Unauthorized Bidder contact regarding this Competitive Solicitation with other state employees or Purchasers involved with the Competitive Solicitation may result in Bidder disqualification.

2.7. COMPLAINTS, DEBRIEFS, & PROTESTS. This Competitive Solicitation and resulting Contract awards are subject, as applicable, to complaints, debriefs, and protests as explained in the Agency Contracting Guide, which may impact the dates set forth above. As stated in the Agency Contracting Guide,

· Bidder complaints and debrief requests must be emailed to the Procurement Coordinator referenced in Section 2.6, above.

· Protests, however, must be sent to the Protest Officer stated below.

PROTEST OFFICER

Email: DESDLProcurementProtest@des.wa.gov

2.8. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. EFSEC reserves the right to amend and modify this Competitive Solicitation. Only Bidders who properly have registered and downloaded this Competitive Solicitation directly via the Washington Electronic Business Solution (WEBS) will receive subsequent notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Bidders must be registered in WEBS to be awarded a Contract. Visit WEBS to register.

SECTION 3 – SUBMITTING A BID

This section identifies how to prepare and submit your bid to EFSEC for this Competitive Solicitation. In addition, Bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that Bidders must provide to EFSEC to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, Bidders acknowledge having read and understood the entire Competitive Solicitation, including the Agency Contracting Guide, and accept all information contained within this Competitive Solicitation.

3.1. BID FORMAT. Required Bid Submittals must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by EFSEC, Required Bid Submittals and permitted ancillary documents must be prepared and delivered in MS Word, MS Excel, or Adobe PDF. Where required to do so, Bidders may sign Required Bid Submittals using either a physical or electronic signature.

3.2. PRICING. Bidders must identify and include all cost elements in their pricing. In the event that Bidder is awarded a Contract, the total price for the services shall be Bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

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

3.3. SUBMITTING BIDS. Bidders must email Required Bid Submittals to DESProcurementConsulting@des.wa.gov.

Please note:

· Bidder’s email, including all attachments, must not exceed 30MB in size.

· EFSEC will not accept or open zipped files.

· EFSEC will acknowledge bid receipt by responsive email. If Bidder does not receive such acknowledgement within five (5) business days, Bidder must contact the Procurement Coordinator to confirm acknowledgement of bid receipt. Acknowledgement of bid receipt is not a determination on the bid’s responsiveness.

3.4. ADDITIONAL BID SUBMITTALS. Bidders may not provide unsolicited materials. For any supplemental materials expressly required by EFSEC in writing, Bidders must identify such supplemental materials with Bidder’s name.

3.5. PUBLIC RECORDS. Submitted bids and any supplemental Bidder materials pertaining to this Competitive Solicitation are subject to Washington’s Public Records Act (RCW 42.56) and, in the event of a public records request, will be disclosed as set forth in the Agency Contracting Guide.

SECTION 4 – BID EVALUATION

This section identifies how EFSEC will evaluate bids for this Competitive Solicitation.

4.1. OVERVIEW. EFSEC will evaluate bids for this Competitive Solicitation as described below.

· Bid Review: EFSEC will review bids to determine bid responsiveness as stated in Section 4.2, below.

· Bid Evaluation: EFSEC will evaluate responsive bids as stated in Sections 4.3 – 4.5, below.

· Procurement Authority Discretion. EFSEC reserves the right to:

a) Request Bidder clarification regarding any bid;

b) Waive any informality;

c) Reject any or all bids, or portions thereof;

d) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or

e) Negotiate with the lowest responsive and responsible Bidder(s) to determine whether such bids can be improved.

EFSEC will use the following process and evaluation criteria to determine eligibility for a Contract award:

See Section 4.2, below

Review Bidder’s Required Bid Submittals to determine whether Bidder’s bid is responsive to the Competitive Solicitation Pass/Fail

Exhibit D – Contract Review whether Bidder’s services and Bidder’s performance capability meets the mandatory minimum performance specifications for the Competitive Solicitation Pass/Fail

See Section 4.3, below

Exhibit B – Scored Non-Cost Scored Factors Evaluate and score Bidder’s response to stated non-cost factors including, as applicable, Bidder’s services and Bidder’s performance capability that exceeds mandatory minimum performance specifications for the Competitive Solicitation

Exhibit C – Bid Price Evaluate and score Bidder’s cost factors

See Section 4.4, below

See Section 4.5, below

Bidder Responsibility Analysis Review and determine Bidder responsibility Pass/Fail

See Section 4.6, below

See Section 4.7, below

See Section 4.8, below

4.1. BID RESPONSIVENESS (STEP 1A). EFSEC will review bids – on a pass/fail basis – to determine whether the bid complies with the Competitive Solicitation requirements and, therefore, is ‘responsive.’ If Enterprise Services determines that a bid is nonresponsive, Enterprise Services will reject the bid and notify the Bidder, in writing, that the bid is nonresponsive. Such written notification will include a brief explanation as to why the bid is nonresponsive.

EFSEC, in its discretion, may waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or the quality, capability, or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to Bidders.

Consistent with the Washington State Legislature’s policy goals to reduce barriers to competition and increasing opportunities for small businesses to contract with state agencies, EFSEC, in its discretion, may clarify a Bidder’s bid that is in substantial compliance with the instructions. Clarifications are intended to ensure that the bids are complete and can be evaluated fairly.

· REVIEW BIDDER’S REQUIRED BID SUBMITTALS (STEP 1A). EFSEC will review each bid to determine whether:

· The bid is complete – i.e., does Bidder’s bid include each of the Required Bid Submittals as stated in Appendix A – Summary Table of All Exhibits & the Required Bid Submittals;

· Bidder’s Required Bid Submittals are complete, consistent with the instructions, signed, and legible; and

· Bidder’s certifications, as provided by Bidder in Bidder’s submitted Exhibit A – Bidder’s Certification, constitute a responsive bid.

· REVIEW MINIMUM REQUIRED PERFORMANCE REQUIREMENTS (STEP 1B). EFSEC will review each bid to determine whether Bidder’s Services and Bidder’s performance capability meets the minimum required specifications and/or performance requirements stated in Exhibit D – Contract. Note: EFSEC reserves the right to request additional Bidder information or perform tests and measurements before selecting Apparent Successful Bidders. If Bidder fails to provide such requested information to Enterprise Services within five (5) business days, Bidder may be disqualified.

4.2. BID EVALUATION: NON-COST FACTORS (STEP 2A). EFSEC will evaluate and score responsive bids as specified below and as set forth in the referenced exhibits. Note: It is imperative that Bidder’s Required Bid Submittals comply with the instructions set forth in the exhibits.

· NON-COST FACTORS (STEP 2A). EFSEC will evaluate and score the specified non-cost factors stated in Exhibit B – Scored Non-Cost Factors by evaluating and scoring Bidder’s response – i.e., Bidder’s Services and Bidder’s performance capability that exceeds the stated minimum required performance specifications.

Note: EFSEC reserves the right to request additional Bidder information or perform tests and measurements before selecting Apparent Successful Bidder(s). If Bidder fails to provide such requested information to EFSEC within five (5) business days, Bidder may be disqualified.

· COST FACTORS – BID PRICING (STEP 2B). EFSEC will evaluate and score Bidder’s cost factors, as provided by Bidder in Bidder’s Exhibit C – Bid Price, as follows:

Exhibit C: Bid Price contains three sections, identified as Section A, B, and C. Each section contains three rates for the requested services. The sum of each sections rates will be divided by the total number of rates in each section to achieve an average rate for evaluation of that section. Each section is worth 200 points and will be evaluated individually. Those bids with a higher average price in each section will receive proportionately fewer evaluation points based upon the bid with the lowest evaluation price, using the following formula:

Lowest bid evaluation price divided by a higher total bid evaluation price (i.e., the bid that is being evaluated) multiplied by the total number of available points equals the cost factor evaluation points. Points will be rounded to three places to the right of the decimal point using standard rounding method.

Sample Calculation for cost factor bid pricing evaluation points:

Using Bidder A = $100 (lowest total evaluation price) and Bidder B = $110 Bid B calculation: $100 (Bidder A, lowest total evaluation price) / $110 (Bidder B’s evaluation price) = 0.909 x 200 (maximum points available) = 181.

Bidder A is the lowest bid evaluation price on the line item, so it would be assigned the maximum available points, 200 points.

Bidder B would be assigned 181 points for the relevant section based on the formula above. Section A + Section B + Section C = Bidders total evaluation points

4.2. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 3). This Competitive Solicitation is subject to the Washington state procurement priorities and/or preferences stated below (collectively, “Washington Procurement Priorities for Services Contracts”). Accordingly, EFSEC will evaluate Bidder’s bid to determine (a) whether Bidder is requesting to be considered for such Washington Procurement Priorities for Services Contracts; and (b) whether Bidder’s bid qualifies for such Washington Procurement Priorities for Services Contracts. EFSEC will score qualifying bids and adjust Bidder’s total evaluation score accordingly.

· PROCUREMENT PREFERENCE FOR BIDDER COMPLIANCE WITH EXECUTIVE ORDER 18-03. EFSEC will provide a bid preference in the amount of 50 points to Bidders who certify, pursuant to Exhibit A – Bidder’s Certification, that Bidder complies with Executive Order 18-03.

4.3. BIDDER RESPONSIBILITY DETERMINATION (STEP 4). The Washington State Legislature requires that Washington state agencies award contracts for services only to ‘responsible bidders.’ See RCW 39.26.160(2). Accordingly, to be eligible to be considered for a Contract award resulting from this Competitive Solicitation, EFSEC must determine that Bidder is a ‘responsible bidder.’ Accordingly, EFSEC will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, EFSEC will consider the following:

· Bidder’s certifications as provided in Bidder’s Exhibit A – Bidder’s Certification;

· Bidder’s ability, capacity, and skill to perform the Contract or provide the Services;

· Bidder’s character, integrity, reputation, judgment, experience, and efficiency;

· Bidder’s ability to perform the Contract within the time specified;

· Bidder’s performance quality pertaining to previous contracts or services;

· Bidder’s compliance with laws relating to the Contract or services;

· Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, Bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapter 49.46, 49.48, or 49.52 RCW; and

· Such other information as may be secured having a bearing on the decision to award a Contract.

In addition, EFSEC may consider the following:

· Financial Information: EFSEC may request financial statements, credit ratings, references, record of past performance, clarification of Bidder’s bid, on-site inspection of Bidder's or subcontractor's facilities, or other information as necessary to determine Bidder’s capacity to perform and the enforceability of Bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

· References: EFSEC reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a Bidder as non-responsible.

EFSEC reserves the right to request bidder responsibility information from Bidder. If Bidder fails to provide such information to Enterprise Services within five (5) business days, Bidder may be disqualified.

4.3. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDERS (STEP 5). EFSEC will determine the Apparent Successful Bidders (“ASBs”). The ASBs will be the responsive and responsible Bidders who best meet the Competitive Solicitation requirements and present the best total value based on the evaluation criteria stated above.

· ASB designation does not imply that EFSEC will issue a Contract award. Rather, this designation allows EFSEC to perform further analysis and ask for additional documentation. Bidders must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a Bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

· Upon announcement of ASBs, Bidders may request a debrief conference as specified in the Agency Contracting Guide.

4.4. BID INFORMATION AVAILABILITY (STEP 6). Upon EFSEC’ announcement of ASB:

· All bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2).

· Upon EFSEC’ announcement of ASB, EFSEC will post all bid evaluations to EFSEC’ website. In addition, EFSEC intends to post winning bid submissions to its webpage after Contract awards.

4.5. CONTRACT AWARDS (STEP 7). Subject to protests, if any, EFSEC and the ASB will enter into a Contract as set forth in Exhibit D – Contract. An award is made, and a contract formed by signature of EFSEC and an awarded Bidder on the Contract. Following Contract awards, all Bidders registered in WEBS will receive a Notice of Award delivered to the Bidder’s email address provided in Bidder’s WEBS profile.

4.6. ADDITIONAL AWARDS. EFSEC reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible Bidders who provided a bid but who were not awarded a Contract. Such awards would be on the same or substantially similar terms and conditions and would be designed to address an awarded Contractor vacancy (e.g., an awarded contractor is terminated or goes out of business), respond to Purchaser needs, or be in the best interest of the State of Washington.

APPENDIX A – SUMMARY TABLE OF ALL INCLUDED EXHIBITS & THE REQUIRED BID SUBMITTALS This Competitive Solicitation includes each of the exhibits identified below in the Summary Table of All Included Exhibits & Required Bid Submittals. The Summary Table also identifies required bid submittal and what actions, if any, Bidders timely must complete as part of a responsive bid submission.

BID

SUBMITTAL

Exhibit A – Bidder’s Certification Identifies required information that Bidder must provide and states required Bidder certifications.

Required

Exhibit B – Scored Non-Cost Factors Identifies scored performance requirements for Bidder’s Services and/or Bidder’s performance capability that exceed the minimum required specifications set forth in Exhibit D – Contract and provides Bidders an opportunity to compete to demonstrate additional value that will be evaluated and scored.

Bidder must complete Exhibit B – Scored Non-Cost Factors, as specified therein, and submit it as part of Bidder’s bid.

Note: Awarded Bidders who receive evaluation points for any included Non-Cost Scored Performance Specifications will be required to include such additional performance specifications for Bidder’s Services and/or Bidder’s Performance in the awarded Contract.

Yes Required

Exhibit C – Bid Price Provides the template and bid pricing information that Bidders must use to provide bid pricing.

Required

Exhibit D – Contract Provides the Contract form that awarded Bidders will execute with Enterprise Services.

Bidder must review Exhibit D – Contract and timely submit to the Procurement Coordinator, in writing, any issues pertaining to the Contract terms and conditions during the Question & Answer Period.

Note: Bids that are subject to Contract modifications that Enterprise Services has not agreed to and that Enterprise Services has not included in an amended/revised Exhibit D – Contract, posted to WEBS, will be rejected as nonresponsive.

No

Exhibit E – Bidder’s Diverse Business Inclusion Plan – Subcontractors Provides Bidders who, if awarded a Contract, intend to utilize subcontractors to perform the Contract, an opportunity to identify Bidder’s intended subcontractors.

Bidder Contracting Guide for Agency Contracts for Goods and Services Provides Bidder information regarding procurements for Enterprise Procurement Solution Contracts including how to submit a complaint, debrief conference request, and protest.

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