External Evaluator Services BTC-2024-RFP-003.docx

REQUEST FOR PROPOSAL # BTC-2024-RFP-003

For Bellingham Technical College & Walla Walla Community College External Evaluation Services Posting Date: September 23, 2024 State of Washington’s WEBS: https://fortress.wa.gov/ga/webscust/ Due Date: October 11, 2024, by 4:00 pm PT INTRODUCTION: The purpose of this Request for Proposal is for external evaluation services for a Department of Education cooperative Title III grant.

TABLE OF CONTENTS

BTC-2024-RFP-003 Page 1 of 30

I. INSTRUCTIONS TO VENDORS

1. PREPARATION OF Proposal A. Due Date and Time Proposal must be received by October 11, 2024, by 4:00 pm Pacific Time (PT) B. Return Proposal to:

Attn: Melisa Nelson, Director of Purchasing Bellingham Technical College 3028 Lindbergh Ave.

Bellingham, WA 98225 Phone: (360) 752-8343 Fax: (360) 752-7143 Email: mnelson@btc.edu C. Format Proposal shall be submitted in the format stated in Section III. 3. C. and include the attachments, portions of which may be copied if required.

1. Proposal must be typewritten or in ink.

2. Contractor/Vendors name must appear in the lower left-hand corner of all Proposals.

3. Incomplete Proposals will be rejected unless in the Director of Purchasing’s judgment such omissions do not materially affect the Proposal itself.

4. Emailed Proposals are preferred; use subject line: RFP# BTC-2024-RFP-003 from YOUR VENDOR NAME.

5. Sign all original Proposal documents that will be mailed via US Postal Service in ‘blue ink’.

6. Section IV details the requirements for this submittal.

D. Identification If a proposal is submitted by mail, it must be submitted in a sealed envelope with the Proposal Number, the Director of Purchasing’s name (see B above), Proposal opening date and time clearly indicated on the envelope and must also bear the contractor's name and address, in the upper left-hand corner. If the Proposal is submitted via email, the subject line must read: RFP# BTC-2024-RFP-003 from YOUR VENDOR NAME. Please ensure that the salutation includes all contact information based on your company. This email can also replace the letter of introduction.

E. Responsibilities Contractor shall:

1. Examine and understand this entire document and seek clarification from the Director of Purchasing if required pursuant to WAC 236-48-013 and WAC 236-48-081. Negligence in preparing a Proposal does not give a right of withdrawal after Proposal opening.

2. Become familiar with and follow current federal laws, state and local statutes, regulations and ordinances which could impact pricing or performance.

3. Visit service location as required. Become familiar with and verify any environmental factors which may impact current or future pricing for this requirement.

4. Ensure that Proposal is received by the Purchasing Office prior to due date and time, October 11, 2024, by 4:00 pm PT.

A. Prior to submittal: Proposal changes or modifications shall be initialed in ink by an authorized company representative.

B. After submittal: At any time prior to the specified Proposal due date and time, contractor may withdraw the Proposal if such a request is submitted in writing. Proposal modifications must be made in writing prior to Proposal opening date and time.

C. After Proposal opening: Proposal shall not be altered, amended or withdrawn. Bellingham Technical College may allow a response to be withdrawn if Proposer demonstrates it miscalculated prices. A low Proposer who claims error and fails to enter into a contract, shall be prohibited from bidding on the same commodity or service if the requirement is subsequently rebid (RCW 43.19).

Confidential documents: The College strongly discourages submittal of confidential material. The College considers confidential material to be any portion of your submittal clearly marked all or in part “Confidential,” “Proprietary” or “Trade Secret” (or the equivalent).

· The College reserves the right to return, reject or disqualify any submittal that includes confidential material.

Public records requests: If a public records request seeks to view or obtain a copy of your RFP submittal, and if your submittal includes content clearly marked “Confidential,” “Proprietary” or “Trade Secret” (or the equivalent), the College will:

· Notify you of the date the College will disclose the requested records;

· Give you an opportunity to seek a court order that stops the College from disclosing the records.

The College will not:

· Evaluate or defend your claim of confidentiality. It is your responsibility to support your claim and take appropriate legal action to do so;

· Withhold or redact your documents without a court order.

Questions about the confidentiality of your submittal can be directed to the College Public Records Officer at (360) 752-8475.

It is the intent of the College to award one or more contract(s) to the responsive and responsible Vendor(s) with the highest score(s) for all work in this Request for Proposal. The determination as to the award of the contract shall include, in addition to conformity to specifications and price, the following considerations:

A. The ability, capacity, and skills of the Vendor to perform the contract or provide the service required.

B. The character, integrity, reputation, judgment, experience and efficiency of the Vendor.

C. The quality of performance of previous contracts or service.

D. Previous and existing compliance by the Vendor with laws relating to the contract or services.

E. Such other information as may be secured having a bearing on the decision to award the contract. See Section III. 4. Evaluation Criteria

WASHINGTON INSTITUTIONS OF PUBLIC HIGHER EDUCATION (WIPHE)

This solicitation is being issued by Bellingham Technical College (The Lead Institution) pursuant to the Interlocal Cooperative Act, RCW 39.34, and offers the Proposer an opportunity to make any resulting contract available to members of the Washington Institutions of Public Higher Education (WIPHE). Attachment C contains information about the WIPHE cooperative membership and the terms and conditions of such arrangements. There are no WIPHE members committed to participate in this RFP, but potential participants are identified in Attachment C.

II. STANDARD TERMS AND CONDITIONS FOR PROPOSALS

The terms and conditions in this section apply to all invitations to proposal and requests for Proposals and requests for quotations except as noted.

1. ENTIRE AGREEMENT

This document, including all amendment and subsequently issued change notices, comprises the entire agreement between Bellingham Technical College and the Contractor and shall be governed by the laws of the Washington State and are incorporated herein by reference. The venue for legal action shall be the Superior Court for the State of Washington, County of Whatcom. The college reserves the right to reject RFPs that propose alternate or additional terms and conditions.

2. CONFLICT AND SEVERABILITY

Conflict: In the event of conflict between contract documents and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this contract to afford the college maximum benefits.

Severability: Any provision of this document found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the document.

3. ANTITRUST

The state maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, the Contractor hereby assigns to the state any and all claims for such overcharges except overcharges which result from antitrust violations commencing after the price is established under this contract and which are not passed on to the state under an escalation clause.

4. NONDISCRIMINATION

Employment: Acceptance of this contract binds the Contractor to the Terms and Conditions of Section 601, Title VI, Civil Rights Act of 1964, as may be amended: In that "No person in the United States shall, on the grounds of race, color, creed, religion, national origin, sex, age, honorably discharged veteran or military status, sexual orientation, gender identity, marital status, genetic information, pregnancy, the presence of any sensory, mental or physical disability or the use of a trained guide dog or service animal by a person with a disability be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance." In addition, "No otherwise qualified handicapped individual in the United States shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." Unless exempted by Presidential Executive Order #11246, as may be amended or replaced and applicable regulations there under, Contractor shall not discriminate against any employee or applicant for employment.

Contracting: Contractors, Bidders, and Proposers shall not create barriers to open and fair opportunities for all businesses including MWBE’s to participate in all State contracts and to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services. In considering offers from and doing business with subcontractors and suppliers, Contractor shall not discriminate on the basis of race, color, religion, national origin, sex (including pregnancy and parenting status), disability, age, veteran status, sexual orientation, gender identity or expression, marital status or genetic information in programs or activities including employment, admissions, and educational programs.

Nondiscrimination Requirement. During the term of this Contract, the Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, the Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which the Contractor, or subcontractor, has a collective bargaining or other agreement.

5. WORKERS RIGHT TO KNOW

Recently passed "right to know" legislation required the Department of Labor and Industries to establish a program to make employers and employees more aware of the hazardous substances in their work environment. WAC 296-62-054 requires among other things that all manufacturers/distributors of hazardous substances, including any of the items listed on this RFP, or contract proposal and subsequent award, must include with each delivery completed Material Safety Data Sheets (MSDS) for each hazardous material. Additionally, each container of hazardous material must be appropriately labeled with:

· The identity of the hazardous material,

· Appropriate hazardous warnings, and

· Name and address of the chemical manufacturer, importer, or other responsible party.

Labor and Industries may levy appropriate fines against employers for noncompliance and agencies may withhold payment-pending receipt of a legible copy of the MSDS. It should be noted that OSHA Form 20 is not acceptable in lieu of this requirement unless it is modified to include appropriate information relative to "carcinogenic ingredients" and "routes of entry" of the product(s) in question.

6. GIFTS AND GRATUITIES

In accordance with RCW 43.19.1937 and 1939 and RCW 42.52.150 and 160, it is unlawful for any person to directly or indirectly offer, give or accept gifts, gratuities, loans, trips, favors, special discounts, services, or anything of economic value in conjunction with state business practices to another to refrain from submitting a Proposal. Further RCW 43.19.1937 and the Ethics in Public Service Law, Chapter 42.52 RCW prohibits state officers or employees from receiving, accepting, taking or seeking gifts (except as permitted by RCW 42.52.150) if the officer or employee participates in contractual matters relating to the purchase of goods or services.

7. RIGHTS AND REMEDIES

In the event of any claim for default or breach of contract, no provision in this document or in the Proposer's offer shall be construed, expressly or by implication, as a waiver by the state of any existing or future right and/or remedy available by law. Failure of the state to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract or by law, or the acceptance of (or payment for) materials, equipment or services, shall not release the Contractor from any responsibilities or obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of the state to insist upon the strict performance of the contract.

8. INSTATE PREFERENCE-RECIPROCITY (This paragraph does not apply to requests for quotations) Pursuant to RCW 43.19.700-704 and WAC 236-48-085 the Department of General Administration has established a schedule of penalties applicable against firms submitting RFPs from states which grant a preference to their own in-state businesses. The appropriate percentage penalty will be added to each RFP bearing the address from a state with in-state preferences rather than subtracting a like amount from Washington State bidders. This action will be used only for Proposal analysis and award. In no instances shall the increase be paid to a supplier whose Proposal is accepted.

9. COMPLAINT AND PROTESTS PROCEDURES per RCW 39.26.170 The complaint process occurs early in the solicitation, after the question/answer period, to catch mistakes and errors before vendors submit a response. The complaint process helps the college insure an open/transparent process. The purpose is to settle unresolved vendor issues before RFPs are submitted.

Grounds for Complaint:

A vendor may file a complaint relative to this RFP based on the following:

· The solicitation unnecessarily restricts competition;

· The evaluation/scoring process is unfair or flawed; or

· The solicitation requirements are inadequate or insufficient to prepare a response Vendor Complaints:

· Must be in Writing (email is acceptable)

· Must be sent to the Procurement & Contracts Coordinator no later than 5 days prior to RFP deadline

· Should clearly articulate the basis for the complaint

· Should include a proposed remedy The Procurement & Contracts Coordinator will:

· Review the complaint.

· Respond to complaint in writing

· Post the complaint and solution, if any, to WEBS, the state procurement website The agency complaint process does not include an appeal process. The complaint may not be raised again during the protest period.

Protest:

The protest process occurs after the RFPs announcement of the apparently successful Proposer (ASB). Unsuccessful bidders have three days after the announcement of the ASB to ask for a debriefing conference. Proposer must participate in debriefing conference, or they may not file a protest. Protests can raise issues related to the evaluation process as set out in the solicitation or how the process was executed. Any issue addressed in the complaint process may not be brought up again.

Grounds for Protest:

For a vendor protest to be considered, the protest must be based on:

· A matter of bias, discrimination or conflict of interest on the part of an evaluator; and/or

· Errors in computing the score; and/or

· Failure to follow procedures described in the procurement document Procedure:

A protest regarding a matter arising after the award must be received before 5:00 pm PST on the fifth (5) business day after the award information has been distributed. Protests filed after the award are to be addressed to the Procurement & Contracts Coordinator.

· All protests must be in writing (e-mail will be accepted)

· Proposer must have participated in a debriefing conference in order to protest.

Format and Content:

Protests shall include:

· Information about the protesting Proposer such as name of firm, mailing address, phone number and name of individual responsible for submission of the protest. The protest letter must be submitted by an authorized agent of the vendor.

· The facts and arguments that are relied on as the basis for the protest

· Any relevant exhibits or evidence supporting the protest

· Specific reference to the grounds for the protest

· Description of the relief or corrective action requested Review Process:

Upon receipt of a protest the College will postpone implementing final award of the contract until the protest has been resolved. Bidders agree not to institute court action until the protest has been resolved.

The College will perform an objective review of the protest by assigning the appeal to a neutral party who had no involvement in the evaluation and award process to investigate and respond to the protest. The review shall consider the protest material submitted by the protestor and all other facts known to the College.

The College will render a written decision to the Proposer within ten (10) business days after receipt of the protest, unless more time is needed. The protesting Proposer shall be notified if additional time is necessary.

The college protest decision is final and no appeal process will be available. If the protesting Proposer does not accept the colleges protest response, the Proposer may try to seek relief from superior court. The College President and the Director of DES will be provided a copy of the original protest and the college’s response.

If an award is cancelled as a result of a protest filed after award, the College shall not be liable to the awardees for, and the awardees shall not claim against the College, any alleged (a) proposal preparation charges, (b) cost incurred to ensure that the awardees proposal is responsive, (c) claims for anticipated lost profits, or (d) claims for damages.

10. SAVE HARMLESS

Each party shall be responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority. Each party shall indemnify, defend, and hold harmless the other party, its officers, employees, and agents from any claims, losses, or suits, including attorney’s fees, arising out of injuries and damages caused by each party’s own negligent actions or failures to perform its obligations under this contract. In the case of fault or negligence of both parties, any damages allowed shall be levied in proportion to the percentage of the fault or negligence attributable to each party. Each party waives its immunity under Title 51 RCW only to the extent it is required to indemnify, defend and hold harmless the other party and its agencies, officers, employees, and agents. No party to this agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this agreement.

11. PERSONAL LIABILITY

It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of Bellingham Technical College be in any way personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.

12. SUPERVISION AND COORDINATION

Contractor shall:

· Competently and efficiently, supervise and direct the implementation and completion of all contract requirements specified herein.

· Designate in its proposal to the state, a representative(s) with the authority to legally commit Contractor's firm. All communications given or received from the Contractor's representative shall be binding on the Contractor.

· Promote and offer to Purchasers only those materials, equipment, and/or services as stated herein and allowed for by contractual requirements. Violation of this condition will be grounds for contract termination.

13. ADVERTISING

Contractor shall not advertise or publish information concerning this contract in any form or media without prior written consent from the Procurement & Contracts Coordinator.

14. SUBCONTRACTS/ASSIGNMENT

Contractor shall not subcontract or assign its obligations under this contract without the prior written consent of the college. The Contractor shall be responsible to ensure that all requirements of the contract shall flow down to any and all subcontractors.

15. TAXES, FEES AND LICENSES

Taxes: Where required by state statute or regulation, contractor shall pay for and maintain in current status and all taxes that are necessary for contract performance. Unless otherwise indicated, the purchaser agrees to pay State of Washington sales or use taxes on all applicable consumer services and materials purchased. No charge by contractor shall be made for federal excise taxes and the purchaser agrees to furnish contractor with an exemption certificate where appropriate. Sales tax shall not be included in proposal pricing submitted.

Collection of Retail Sales Tax: In state suppliers: In general, in state suppliers engaged in retail sales activities within Washington State are required to collect and remit sales tax to Department of Revenue.

Out-of-state suppliers: In general, out-of-state suppliers must collect and remit “use tax” to Department of Revenue if the activity carried on by the seller in Washington State is significantly associated with supplier’s ability to establish or maintain a market for its products in Washington State. Examples of such activity include where the supplier either directly or by an agent or other representative:

· Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business; or

· Maintains an in-state inventory or stock of goods for sale; or

· Regularly solicits orders from customers located within state via sales representatives entering the state; or

· Sends other staff into the state (e.g., product safety engineers, etc.) to interact with customers in an attempt to establish or maintain market(s); or

· Other factors identified in WAC chapter 458-20 Out-of-state suppliers meeting one of the above criteria must register and establish an account with the Department of Revenue (DOR). Refer to WAC 458-20-193 (7 through 9) or call Department of Revenue at (800) 647-7706. When out-of-state suppliers are not required to collect and remit “use tax”, the agency is responsible for paying this tax, if applicable, directly to DOR.

Fees/Licenses: Prior to RFP opening the Contractor shall pay for and maintain in a current status, any license fees, assessments, permit charges, etc., which are necessary for contract performance. It is the contractor's sole responsibility to monitor and determine any changes or the enactment of any subsequent regulations for said fees, assessments, or charges and to immediately comply with said changes or regulations during the entire term of this contract.

Customs/Brokerage Fees: To be considered responsive, RFP must include ALL customs duties, brokerage or import fees where applicable. Contractor shall take all-necessary actions to ensure that materials or equipment purchased are expedited through customs. Failure to do so may subject contractor to liquidated damages as identified in this document and/or to other administrative actions considered appropriate.

Supplier is to calculate and enter the appropriate Washington State and local sales tax on the invoice. Tax is to be computed on new items after deduction of any trade-in in accordance with WAC 458-20-247.

Orders for tangible personal property which become a component part of ferry vessels of the State of Washington or local government units in the State of Washington are exempt from use tax under RCW 82.12.0279.

16. WARRANTIES

Product: Contractor warrants that all materials, equipment, and/or services provided under this contract shall be fit for the purpose(s) for which intended, for merchantability, and shall conform to the requirements and specifications herein. Acceptance of any service and inspection incidental thereto by the state shall not alter or affect the obligations of the Contractor or the rights of the state.

Price: Contractor warrants that price of materials, equipment, and services set forth herein do not exceed those charged by the Contractor to any other customer purchasing the same goods or services under similar conditions and in like or similar quantities.

Date Compliance: Contractor warrants fault free performance in the processing of date and date related data including, but not limited to calculation, comparing, and sequencing by all Equipment and Software provided pursuant to this Contract, individually and in combination, when used in accordance with the product documentation provided by the Contractor. Fault free performance shall include the manipulation of this data when dates are in the 20th or 21st centuries and shall be transparent to the user.

17. LIENS, CLAIMS AND ENCUMBRANCES

All materials, equipment, or services shall be free of all liens, claims, or encumbrances of any kind and if the state requests, a formal release of same shall be delivered to the state.

18. DELIVERY

Time: Delivery must be made during normal work hours and within time frames proposed by Proposer herein and subsequently accepted by the college. Failure to comply may subject Contractor to non-delivery assessment charges and/or liquidated damages as appropriate. The college reserves the right to refuse shipment when delivered after normal working hours or as specified in the ordering document. Contractor shall verify specific working hours of college and so instruct carrier(s) to deliver accordingly. The acceptance by the purchaser of late performance with or without objection or reservation by the purchaser shall not waive the right to claim damage for such breach, nor preclude the purchaser from pursuing any other remedy provided herein, including termination, nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by Contractor.

Terms: Unless otherwise specified, all goods are to be shipped FOB Destination freight prepaid and included. Where specific authorization is granted to ship goods FOB shipping point, Contractor agrees to prepay all payment for shipping has been made.

The purchaser will refuse COD shipments unless agreed to in advance with the VP of Administrative Services. Shipping charges, route as instructed or if instructions are not provided, route by cheapest common carrier. Each invoice for shipping charges shall contain the original or a copy of the freight bill indicating that the Location: All deliveries are to be made to the applicable delivery location in accordance with Interstate Commerce Commission rules or as indicated in purchase order. When applicable, Contractor shall take necessary actions to safeguard items during inclement weather.

Unauthorized: In no case shall Contractor initiate performance prior to receipt of written or verbal authorization from authorized purchasers. Expenses incurred otherwise shall be borne solely by the Contractor.

19. INSPECTION AND REJECTION

The Purchaser's inspection of all materials and equipment upon delivery is for the sole purpose of identification. Such inspection shall not be construed as final acceptance, or as acceptance of the materials or equipment, if materials or equipment does not conform to contractual requirements. If there are any apparent defects in the materials or equipment at the time of delivery, the Purchaser will promptly notify the Contractor thereof. Without limiting any other rights, the Purchaser and/or the state at its option, may require the Contractor to:

· Repair or replace, at Contractor's expense, any or all of the damaged goods, or

· Refund the price of any or all of the damaged goods, or

· Accept the return of any or all of the damaged goods.

20. TITLE AND RISK OF LOSS

Regardless of FOB point, Contractor agrees to bear all risks of loss, injury, or destruction of goods and materials ordered herein which occur prior to delivery and acceptance. Such loss, injury, or destruction shall not release Contractor from any obligation hereunder.

21. PERFORMANCE

Acceptance by the purchaser of unsatisfactory performance with or without objection or reservation shall not waive the right to claim damage for breach, or terminate the contract, nor constitute a waiver of requirements for satisfactory performance of any obligation remaining to be performed by Contractor.

22. IDENTIFICATION

All invoices, packing lists, packages, instruction manuals, correspondence, shipping notices, shipping containers, and other written documents affecting this contract shall be identified by the applicable purchase order or field order number. Packing lists shall be enclosed with each shipment, indicating the contents therein.

23. CHARGES FOR HANDLING

No charges will be allowed for handling that includes but is not limited to packing, wrapping, bags, containers, or reels, unless otherwise stated herein.

24. INVOICING

Contractor shall provide an original invoice. Each invoice shall be submitted as required by the contract and shall reference the contract and purchase order number. Invoices shall be properly annotated with applicable prompt payment discount(s). All invoices are to be sent to Accounts Payable at the college address.

25. PAYMENT

Payment Terms, Tax: Advance payment(s) cannot be made. Successful vendor must be willing to accept State of Washington Purchase Order with payment terms of credit card, or Bellingham Technical College check with NET 30 terms after contract completion and acceptance, and receipt of invoice. Washington State Sales Tax is to be identified as a separate line item. Sales tax rate in Bellingham, WA is 8.8%. Freight Collect delivery terms will not be accepted.

Payment will be made by the state agency or political subdivision indicated on ordering document. Any RFP that requires payment in less than thirty (30) calendar days need not be considered. Qualifying prompt payment discount will be considered in determining the apparent lowest responsible and responsive RFP.

Invoices will not be processed for payment nor will the period of cash discount commence until receipt of a properly completed invoice and until all invoiced items are received and satisfactory performance of Contractor has been attained. If an adjustment in payment is necessary due to damage or dispute, the cash discount period shall commence on the date final approval for payment is authorized. Under "Chapter 39.76 RCW," if purchaser fails to make timely payment(s), Contractor may invoice for 1% per month on the amount overdue or a minimum of $1.00. Payment will not be considered late if a check or warrant is mailed within the time specified. If no terms are specified, net 30 days will automatically apply. Payment(s) made in accordance with contract terms shall fully compensate the Contractor for all risk, loss, damages or expense of whatever nature and acceptance of payment shall constitute a waiver of all claims submitted by Contractor.

Payment for materials or equipment received or for services rendered shall be made by warrant issued from the Washington State Treasury and redeemable in U.S. dollars. Unless otherwise indicated, the state’s sole responsibility shall be to issue this warrant. Any bank or transaction fees or similar costs associated with currency exchange procedures shall be fully assumed by the contractor.

Payment term discounts effective for less than a 30-day period unless otherwise identified in proposal/Proposal, will not be considered in the award of this RFP.

Bidders are encouraged to offer a discount for prompt payment of invoice, which will be utilized in determining lowest responsive/responsible Proposer. To be considered in the state’s evaluation, period of entitlement must be 30 calendar days or greater. If Proposer indicates no discount, the state will evaluate as net 30 days.

Please indicate your discount Proposal on the offer page of this document. If awarded by the state, period of entitlement begins only after:

Receipt of a properly completed invoice Receipt of all supplies, equipment or services ordered Satisfactory completion of all contractual requirements

26. QUALITY STANDARDS

Product or service specifications herein are intended solely to clearly describe type and quality and not to be restrictive. Trade reference specifications describe the type product thus far found to best meet agency functional requirements and provide the most economical use life under agency use situations. So as not to misrepresent the requirements herein, brands other than those specified will therefore be considered on the basis of whether at least equal in quality/performance. Failure to submit with Proposal complete documentation sufficient to establish products proposal as at least equal may be grounds for rejection. By submitting Proposal, Proposer expressly warrants product proposal as at least equal in quality and performance. The state's acceptance of a product proposal as an "equal" is conditioned on the state's inspection and testing after receipt. If, in the sole judgment of the state, the item is determined not to be an equal, the proposal may be rejected or the product returned at Proposer's expense and/or the contract canceled without any liability whatsoever to the state. Any proposal containing a brand that is not of equal quality, performance or use specified must be represented as an "alternate" and not as an "equal"; failure to do so shall be sufficient reason to consider the proposal non-responsive.

27. DETERMINATION OF RESPONSIBILITY

During proposal evaluation, the college reserves the right to make reasonable inquiry to determine the responsibility of any Proposer. Requests may include, but not be limited to, financial statements, credit ratings, references, record of past performance, on-site inspection of Proposer's, or Proposer's subcontractor's facilities. Failure to respond to said request(s) will be sufficient reason to consider the proposal non-responsive.

During the contract term, should the contractor be determined to be in violation of federal, state, or local laws or regulations, the state reserves the right to modify its initial determination of responsibility at the time of award and to take other action as determined appropriate, including but not limited to termination of the contract.

28. AWARD FACTORS

Criteria: College contracts shall be awarded to the lowest responsible and responsive Proposer subject to the preferences provided by law and expressed in the Evaluation Criteria section. Award criteria shall include all factors identified in RCW 43.19.1911 and the contractual requirements provided herein. No MWBE preference will be included in the evaluation of Bids/Proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award, and Bids/Proposals will not be rejected or considered non-responsive on that basis.

Rights Reserved: Subject to the provisions of RCW 43.19.1911, the state reserves the right to:

· Waive any informality.

· Reject any or all Proposals, or portions thereof. WAC 236-48-20134 allows the college to "accept any portion of the items Proposal" unless the vendor stipulates all or nothing on the Proposal.

· Reissue an RFQ, RFQQ, or RFP, or negotiate under provisions outlined therein.

· Award on an all or none consolidated basis taking into consideration reduction in administrative costs as well as unit Proposal prices.

29. SUPPLIER REGISTRATION

Prior to award of a contract, any unregistered Proposer may be required to complete a W9 and be registered with the Department of Revenue.

30. CHANGES

No alteration in any of the terms, conditions, or contractual requirements herein shall be effective without the written consent of the Director of Purchasing as evidenced by issuance by the state of a contract change notice.

31. ADDITIONS OR DELETIONS

The college reserves the right to add or delete items as determined to be in the best interest of the college. Added items will be related to those on contract and additions or deletions will not represent a significant increase or decrease in size or scope of the contract. Such additions or deletions will be by mutual agreement, will be at prices consistent with the original Proposal price margins, and will be evidenced by issuance of a written contract change notice from the Director of Purchasing.

32. CONTRACT SUSPENSION

The college may at any time and without cause, suspend the contract or any portion thereof, for a period of not more than thirty (30) calendar days, by written notice to the Contractor. Contractor shall resume performance within fifteen (15) calendar days of written notice from the state.

33. BREACH, DEFAULT, TERMINATION

Breach: A breach of a term or condition of the contract shall mean any one or more of the following events: (1) Contractor fails to perform the services by the date required or by a later date as may be agreed to in a written amendment to the contract signed by the state; (2) Contractor breaches any warranty or fails to perform or comply with any term or agreement in the contract; (3) Contractor makes any general assignment for the benefit of creditors; (4) in the state’s sole opinion, Contractor becomes insolvent or in an unsound financial condition so as to endanger performance hereunder; (5) Contractor becomes the subject of any proceeding under any law relating to bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors; (6) any receiver, trustee, or similar official is appointed for Contractor or any of the Contractor’s property; (7) Contractor is determined to be in violation of federal, state, or local laws or regulations and that such determination, in the state’s sole opinion renders the Contractor unable to perform any aspect of the contract.

Default: A Contractor may be declared in default for failing to perform a contractual requirement or for a material breach of any term or condition.

Termination for Convenience: The state may terminate this contract, in whole or in part, at any time and for any reason by giving thirty (30) calendar days written termination notice to Contractor. Termination charges shall not apply unless they are subsequently agreed upon by both parties. Where termination charges are applicable, both parties agree to negotiate in good faith and to limit the extent of negotiations to valid documented expenses incurred by Contractor prior to date of termination. Should the parties not agree to a satisfactory settlement, the matter may be subjected to mediation and/or legal proceedings.

Termination for Breach and/or Default: Except in the case of delay or failure resulting from circumstances beyond the control and without the fault or negligence of the Contractor or of the Contractor’s suppliers or subcontractors, the state shall be entitled, by written or oral notice, to cancel and/or terminate this contract in its entirety or in part for breach and/or for default of any of the terms herein and to have all other rights against Contractor by reason of the Contractor’s breach as provided by law.

Termination by Mutual Agreement: The state or the Contractor may terminate this contract in whole or in part, at any time, by mutual agreement with thirty (30) calendar day’s written notice from one party to the other.

Sanctions: Any violations of the mandatory provisions of this contract shall be a material breach of contract for which the contractor may be subject to a requirement of specific performance, or damages and sanctions provided by contract, or by applicable laws.

34. OPPORTUNITY TO CURE DEFAULT

Events: In the event that Contractor fails to perform a contractual requirement or materially breaches any term or condition, the state may issue a written or oral notice of default and provide a period of time in which Contractor shall have the opportunity to cure. Time allowed for cure shall not diminish or eliminate Contractor's liability for liquidated or other damages. The state is not required to allow the Contractor to cure defects if the opportunity for cure is not feasible as determined solely by the state. The state may terminate the contract for nonperformance, breach, or default without allowing the opportunity to cure by the Contractor.

Remedies: If the nonperformance, breach or default remains after Contractor has been provided the opportunity to cure, the state may do one or more of the following:

· Exercise any remedy provided by law.

· Terminate this contract and any related contracts or portions thereof.

· Impose liquidated damages. Suspend Contractor from receiving future Invitations for Proposal.

35. LEGAL FEES

The Contractor covenants and agrees that in the event suit is instituted by the purchaser for any nonperformance, breach or default on the part of the Contractor, and the Contractor is adjudged by a court of competent jurisdiction, he shall pay to the purchaser all costs, expenses expended or incurred by the purchaser in connection therewith, and reasonable attorney's fees.

36. FORCE MAJEURE

Definition: Except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, pandemics, or other similar occurrences.

Notification: If either party is delayed by force majeure, said party shall provide written notification within forty-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall be provided. The time of completion shall be extended by contract modification for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this contract.

Rights Reserved: The state reserves the right to cancel the contract and/or purchase materials, equipment, or services from the best available source during the time of force majeure, and Contractor shall have no recourse against the state.

37. PROCUREMENT EVALUATION FOR EXECUTIVE ORDER 18-03 (FIRMS WITHOUT MANDATORY INDIVIDUAL ARBITRATION FOR EMPLOYEES).

Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), BTC will evaluate bids for best value and provide a proposal preference in the amount of 1% to any Proposer who certifies, pursuant to the certification attached as Attachment E – Contractor Certification for Executive Order 18-03 – Workers’ Rights, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

38. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE)

In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State of Washington encourages participation in all its contracts by MWBE firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation/invitation or as a subcontractor to a Bidder/Proposer.