HRGP Request for Applications S23-92402_final.docx

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Attached to
Home Rehabilitation Grant Program for Rural Low-Income Households
Solicitation number
RFA # S23-92402
Issued by
Adams County, Asotin County, Benton County, Chelan County, Clallam County, Clark County, Columbia County, Cowlitz County, Douglas County, Ferry County, Franklin County, Garfield County, Grant County, Grays Harbor County, Island County, Jefferson County, King County, Kitsap County, Kittitas County, Klickitat County, Lewis County, Lincoln County, Mason County, Okanogan County, Pacific County, Pend Oreille County, Pierce County, San Juan County, Skagit County, Skamania County, Snohomish County, Spokane County, Stevens County, Thurston County, Wahkiakum County, Walla Walla County, Whatcom County, Whitman County, Yakima County, Asotin City, Clarkston City, Clarkston Heights-Vineland CDP, West Clarkston-Highland CDP, Benton City, Chelan City, Chelan Falls CDP, Clallam Bay CDP, Lewisville CDP, Rock Island City, Pacific Beach CDP, Whidbey Island Station CDP, Mercer Island City, Pacific City, Bainbridge Island City, Kingston CDP, Kitsap Lake CDP, Kittitas City, Klickitat CDP, Okanogan City, Anderson Island CDP, Fort Lewis CDP, Fox Island CDP, Herron Island CDP, Ketron Island CDP, North Fort Lewis CDP, Raft Island CDP, Stevenson City, Hat Island CDP, Lake Stevens City, Snohomish City, Spokane City, Spokane Valley City, Puget Island CDP, Garfield Town, Yakima City, Washington

About this file

This document is a Request for Applications (RFA) issued by the Washington State Department of Commerce to solicit proposals for the Low-Income Home Rehabilitation Grant Program. The program provides funding to low-income households located in rural "non-entitlement" areas of Washington state to address health, safety, and durability issues in existing single-family residential structures. The maximum grant amount per rehabilitation project is $50,000, and priority will be given to applications from senior citizens, persons with disabilities, families with young children, and veterans. The RFA is open to approved department grantees, tribal nations, public service companies, municipalities, public utility districts, and other eligible entities. Applications are due by September 23, 2024, and the expected contract period is November 1, 2024 to July 30, 2025, with an option to extend for two additional one-year periods.

The RFA makes $5,820,000 in state funding available, with a maximum of $500,000 per successful applicant. Applicants must have at least two years of experience in home renovation, housing rehabilitation, or weatherization programs, as well as experience providing services through low-income home repair programs. Applicants that are federally recognized tribes or have certification from the Washington Department of Veteran Affairs will receive an extra 5% of their awarded points. The RFA also includes requirements related to diverse business inclusion, worker rights, prevailing wage, historical preservation, and other terms and conditions.

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Q&A Week of August 27-30 2024_Final.docx DOCX document
Applicant Conference Link to Recording.docx DOCX document
Q&A Week of August 19-23 2024_Final.docx DOCX document
Q&A From Bidders Conference_Final.docx DOCX document
Q&A Week of August 19-23 2024_Final (Revised).docx DOCX document

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STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR APPLICATIONS (RFA)

RFA NO. S23-92402

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

PROJECT TITLE: Low-Income Home Rehabilitation Grant Program (HRGP)

RESPONSE DUE DATE: Monday, September 23, 2024 at 5:00 pm PST

EXPECTED TIME PERIOD FOR CONTRACT: November 1, 2024 – July 30, 2025

CONTRACTOR ELIGIBILITY: This procurement is open to those entities which satisfy the minimum qualifications stated herein and are available for work in Washington. An eligible entity means any approved department grantee, Tribal Nation, Public Service Company, Municipality, and Public Utility District, Mutual or Cooperative, or other entity that bears the responsibility for rehabilitating residences under this chapter and has been approved by the department.

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

1INTRODUCTION3
1.1PURPOSE AND BACKGROUND3
1.2OBJECTIVES3
1.3MINIMUM QUALIFICATIONS3
1.4FUNDING4
1.5PERIOD OF PERFORMANCE4
1.6CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES4
1.7DEFINITIONS4
1.8ADA5
2GENERAL INFORMATION6
2.1RFA COORDINATOR6
2.2ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES6
2.3APPLICANTS’ CONFERENCE6
2.4QUESTION AND ANSWER PERIOD6
2.5SUBMISSION OF RESPONSES7
2.6PROPRIETARY INFORMATION/PUBLIC DISCLOSURE7
2.7REVISIONS TO THE RFA8
2.8ACCEPTANCE PERIOD8
2.9COMPLAINT PROCESS8
2.10RESPONSIVENESS8
2.11MOST FAVORABLE TERMS8
2.12CONTRACT AND GENERAL TERMS & CONDITIONS9
2.13COSTS TO PROPOSE9
2.14NO OBLIGATION TO CONTRACT9
2.15REJECTION OF RESPONSES9
2.16COMMITMENT OF FUNDS9
2.17ELECTRONIC PAYMENT9
2.18INSURANCE COVERAGE9
3RESPONSE CONTENTS10
3.1CERTIFICATIONS AND ASSURANCES (MANDATORY)10
3.2APPLICANT INFORMATION (SCORED)10
3.3DIVERSE BUSINESS INCLUSION PLAN (MANDATORY)10
3.4WORKERS’ RIGHTS CERTIFICATION (MANDATORY)10
4EVALUATION AND CONTRACT AWARD11
4.1EVALUATION PROCEDURE11
4.2CLARIFICATION OF RESPONSE11
4.3EVALUATION AND SCORING11
4.4VIRTUAL PRESENTATIONS MAY BE REQUIRED11
4.5NOTIFICATION TO APPLICANTS11
4.6DEBRIEFING OF UNSUCCESSFUL APPLICANTS11
4.7PROTEST PROCEDURE12

RFA Exhibits:

Exhibit ACertifications and Assurances
Exhibit BApplicant Information - Application
Exhibit CDiverse Business Inclusion Plan
Exhibit DWorkers’ Rights Certification
Exhibit EExample of State-Capital Funded Contract
Exhibit FExample of Tribal-State Capital Funded Contract

INTRODUCTION

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 the Low-Income Home Rehabilitation Grant Program.

The State of Washington Department of Commerce (Commerce) will accept applications from entities interested in providing home repair services for the 2023-2025 biennium. The Low-Income Home Rehabilitation Grant Program (HRGP) provides funding to low-income households located in rural “non-entitlement” areas to address health, safety, and durability issues in existing housing. The program provides home repair and improvement services to individuals who own and reside permanently in single-family residential structures. The maximum grant amount allowed per rehabilitation project also referred to as single-family dwelling, will be $50,000. The grant prioritizes homeowners who are senior citizens, persons with disabilities, families with children five years old and younger, and veterans.

OBJECTIVES

Commerce will identify qualified Grantees(s) to administer funds using the competitive Request for Applications (RFA) process. This process allows Commerce to receive proposals, evaluate applications, and recommend successful applications to the appropriate authority as part of the awarding process.

Preference must be given to local agencies delivering programs and services with similar eligibility criteria. An eligible rehabilitation agency means any approved department grantee, tribal nation, Public Service Company, municipality, and public utility district, mutual or cooperative, or other entity that bears the responsibility for rehabilitating residences under this chapter and has been approved by the department.

In addition, the RFA will make funding available to all federally recognized Tribes of Washington State.

Applicants who are a federally recognized Tribe or possess a certification from the Washington Department of Veteran Affairs (WDVA) will receive an extra 5% of their awarded points added to their final score.

The solicitation will make a limited amount of awards available throughout the state.

COMMERCE may award one or more contract(s) as a result of this RFA.

MINIMUM QUALIFICATIONS

Rehabilitation agencies eligible to apply according to the definition set forth in RCW 43.330.480:

· Approved Commerce grantee[footnoteRef:1] [1: A local agency must apply to and receive approval from commerce to become an authorized rehabilitation agency. The application must show that the agency is eligible to participate and must show that the agency has established procedures to administer the program in compliance with the statute and these rules.]

· Tribal Nation

· Public Service Company

· Municipality

· Public Utility District

· Mutual or Cooperative

· Other entity that bears the responsibility for rehabilitating residences under this chapter and has been approved by the department

Minimum qualifications for applicants 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. (except tribal entities)

· Two years of experience in home renovation related programs such as housing rehabilitation and/or weatherization in the last five years.

· Two years of experience in providing services through low-income programs related to home repair in the last five years.

FUNDING

The Washington State Legislature appropriated $6 million to HRGP for the 2023-2025 biennium through the Capital Budget. Commerce will allocate $5,820,000 ($6 million less 3% Commerce administration) to successful applications of the RFA. The maximum amount allowed for this contract year will be $500,000 for each successful applicant.

Applications in excess of $500,000 will be rejected as non-responsive and will not be evaluated. In the event additional funding becomes available, any contract awarded may be amended to provide for additional related services.

Budget category maximum percentages are as follows:

· 10% Admin budget

· 35% Program Support*

· 65% Project Allocation* – Direct Services

*Percentage based on program operations (contract total less 10% admin)

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

PERIOD OF PERFORMANCE

The period of performance of any contract(s) resulting from this RFA is tentatively scheduled to begin on or about November 1, 2024, and end on July 30, 2025. COMMERCE reserves the option at its sole discretion to extend the contract for two additional one-year periods.

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.

DEFINITIONS

Definitions for the purposes of this RFA include:

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

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

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

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.

Home Rehabilitation: Residential repairs and improvements that address health, safety, and durability issues in existing housing in rural areas.

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.

Rural Areas: Areas of Washington State are defined as non-entitlement areas by the United States Department of Housing and Urban Development. A place having fewer than 2,500 inhabitants, a county or parish with an urban population of 20,000 inhabitants or less and or any place with the population not in excess of 20,000 inhabitants and not located in a Metropolitan Statistical area.

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.

GENERAL INFORMATION

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
Gerardo Gonzalez Gomez
E-Mail Address
gerardo.gonzalezgomez@commerce.wa.gov

Any other communication will be considered unofficial and non-binding to 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.

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Applications

August 19, 2024

Applicants’ Conference

August 26, 2024

Question & Answer period

August 26, 2024 – September 9, 2024

Answers to questions will be issued no later than

September 13, 2024

Applications due

September 23, 2024, 5:00 pm PST

Evaluation

September 25, 2024 – October 3, 2024

Announce “Apparent Successful Applicant” and send notification via e-mail to unsuccessful Applicants
October 17, 2024

Hold debriefing conferences (if requested)

October 21- 25, 2024

Negotiate contract

October 24, 2024 – October 31, 2024

The earliest date the contract may be signed

November 1, 2024

COMMERCE reserves the right to revise the above schedule.

APPLICANTS’ CONFERENCE

A conference will be held on August 26, 2024 at 3:00 p.m., Pacific Time. The conference will be virtual only on Zoom here is the link to the meeting: 2024 HRGP Applicant Conference. All prospective Applicants are encouraged attend; however, attendance is not mandatory.

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

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.

SUBMISSION OF RESPONSES

Late Applications will not be accepted and will be automatically disqualified from further consideration. All Applications and any accompanying documentation become the property of COMMERCE and will not be returned.

ELECTRONIC RESPONSES:

Applications must be received by the RFA Coordinator by 5:00 p.m. Pacific Standard Time on Monday, September 23, 2024.

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 the 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.

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.

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.

ACCEPTANCE PERIOD

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

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.

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 Apparent Successful Applicant(s).

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

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

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.

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.

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 the conduct of a presentation, or in any other activities related to responding to this RFA.

NO OBLIGATION TO CONTRACT

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

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.

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.

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.

INSURANCE COVERAGE

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

The Applicant shall, at Applicant’s own expense, obtain and keep in force insurance coverage, which shall be maintained in full force and effect during the term of the contract. The Applicant shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and, if requested, a copy shall be forwarded to COMMERCE within fifteen (15) days of the contract effective date. Standard insurance requirements are included within the sample contract and its special terms and conditions attached as Exhibit E.

RESPONSE CONTENTS

ELECTRONIC RESPONSES:

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

1. Certifications and Assurances (Exhibit A)

2. Applicant Information - Application (Exhibit B)

3. Diverse Business Inclusion Plan (Exhibit C)

4. Workers’ Rights Certification (Exhibit D)

Applications must provide information in the same order as presented in this document with the same headings. This will not only be helpful to the evaluators of the Application, but should also assist the Applicant in preparing a thorough response.

All items marked “mandatory” must be included as part of the Application for the Application to be considered responsive, however, these items are not scored. Items marked “scored” are those that are awarded points as part of the evaluation conducted by the evaluation team.

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).

APPLICANT INFORMATION (SCORED)

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

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 (WDVA) 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.

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.

EVALUATION AND CONTRACT AWARD

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.

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.

EVALUATION AND SCORING

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

Selection Criteria
Relative Weight
Relevant Experience
75%
Narrative Responses
25%
Tribal/WDVA
Extra 5%
Workers’ Rights Certification
Extra 5%

Additionally, organizations that certify that 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). Applicants that are federally recognized Tribe or process a certification from the Office of Washington Department of Veteran Affairs (WDVA) will also receive an extra 5% of their awarded points added to their final score.

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).

NOTIFICATION TO APPLICANTS

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

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.

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 5:00 pm 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.

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:

· Correct the error(s) and re-evaluate all Applications

· Reissue the solicitation document and begin a new process

· 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.

RFA EXHIBITS

· Exhibit ACertifications and Assurances
· Exhibit BApplicant Information
· Exhibit CDiverse Business Inclusion Plan
· Exhibit DWorkers’ Rights Certification
· Exhibit EExample of State Capital Funded Contract
· Exhibit FExample of Tribal State Capital Funded Contract

EXHIBIT A

CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of my/our Application, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s):

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

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single Application.

3. The attached Application is a firm offer for a period of 60 days following receipt, and it may be accepted by COMMERCE without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period.

4. In preparing this Application, I/we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this Application or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

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

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

7. I/we agree that submission of the attached Application constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

8. No attempt has been made or will be made by the Applicant to induce any other person or organization to submit or not to submit an Application for the purpose of restricting competition.

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

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

I/We have reviewed the Contract and General Terms and Conditions and I/we: (check one and sign)

☐ are submitting proposed Contract edits. If proposed Contract edits are being submitted, I/we have attached them to this form. (See Section 2.12) ☐ are not submitting proposed Contract edits. (Default if neither are checked)

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

Signature

Printed Name and Title
Date

EXHIBIT B

APPLICANT INFORMATION

Full Legal Name of Organization
Licensed to do Business in Washington

☐ Yes ☐ Will become licensed within 30 days of award ☐ Tribal entity not required to be licensed

Year Incorporated
Entity Type
Applicant Type
Number of Employees
Choose an item.Choose an item.Choose an item.
Additional Detail:
Mailing Address
Physical Address (if different than mailing address)
Street:
Street:
City:
State:
Zip Code:
City:
State:
Zip Code:
Statewide Vendor Number (SWV):
Uniform Business Identifier (UBI):
Federal Employer ID (FEIN):

Key Staff (Not Scored)

The primary contact person for this Application
Program Staff (assigned to coordinate the program)
Name and Title:
Name and Title:
Phone:
Phone:
Email:
Email:
Executive (Person with authority to bind organization)
Grant Manager (Primary contact for grant activities)
Name/Title:
Name/Title:
Phone:
Phone:
Email:
Email:
Finance (Primary contact for invoices and payment)
Data Manager (Primary contact for data security)
Name/Title:
Name/Title:
Phone:
Phone:
Email:
Email:

Current or former state employees (Not Scored)

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

Name
Title
Responsibilities
State Agency
Last Year Worked

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

Past Contracts (Not Scored)

If the Applicant has had any contract terminated for default in the last five years, describe below. Termination for default means notice to stop performance due non-performance or poor performance. It does not mean contracts terminated for loss of funding or any other non-performance issue. Submit full details of the terms for default, including the other party's name, address, and phone number. Include your position on the matter. Commerce will evaluate the facts and may, in its sole discretion, reject the Application on these grounds.

Other Party
Contract Purpose
Date of Termination
Details

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

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

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

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

Relevant Experience (SCORED)

Please check all that apply

Does the applicant have experience in home renovation-related programs such as housing rehabilitation and/or weatherization in the last five years?

☐ Yes ☐ No
☐ Housing Rehab ☐ Weatherization
If yes, how many years of experience:
☐2 ☐ 3-5 ☐ 6+
Does the applicant have two years of experience in providing services through low-income programs related to home repair in the last five years?
☐ Yes ☐ No

If “yes,” please share what kind of experience and the extend of the services provided:

If “No,” please provide an explanation of how the agency plans to fulfill this requirement:

Does the applicant have experience with inspections and/or audits related to home repair and/or energy audits:
☐ Yes ☐ No

If “yes,” please share what kind of experience or certification your teams can provide:

If “No,” please provide an explanation of how the agency plans to fulfill this requirement:

Is the applicant familiar with the Washington State Department of Labor and Industries’ requirements for reporting prevailing wage?
☐ Yes ☐ No

If “yes” please explained your knowledge regarding reporting prevailing wage:

If “No,” please provide an explanation of how the agency plans to fulfill this requirement:

Is the applicant familiar with Lead-Based Paint Hazards protocol and the laws and rules that apply when lead is present in a repair project:
☐ Yes ☐ No

If “yes” please explained your knowledge related to the rules that pertain to lead-based paint protocol:

If “No” please provide an explanation of how the agency plans to fulfill this requirement:

Is the applicant familiar with complying with applicable federal, state, and local laws and ordinances concerning the handling and removal of asbestos material?
☐ Yes ☐ No

If “yes” please provide your knowledge regarding handling and removal of asbestos:

If “No” please provide an explanation of how the agency plans to fulfill this requirement:

Is the applicant familiar with the requirements set by the Department of Archeological and Historic Preservation for preserving historical and cultural resources Governor’s Executive Order 21-02?
☐ Yes ☐ No

If “yes” please provide your knowledge regarding historical preservation:

If “No,” please provide an explanation of how the agency plans to fulfill this requirement:

List names, telephone numbers, and e-mail addresses of up to three (3) business (contracting) references for the Applicant and/or the lead staff person for this grant and briefly describe the relationship to the Applicant. Do not include current Commerce staff as references. By submitting this form, the Applicant and any partners or agents authorize Commerce to contact these references and others, who, from Commerce’s perspective, may have pertinent information. Commerce may or may not contact references. Commerce may evaluate references at its sole discretion.
Business name:

Owner’s name:

Phone Number:

Email:

Description of relationship:

Business name:

Owner’s name:

Phone Number:

Email:

Description of relationship:

Business name:

Owner’s name:

Phone Number:

Email:

Description of relationship:

Please provide information related to the applicant’s capacity to establish the administration of the funds.
Is the applicant creating a new position to coordinate the program:
☐ Yes ☐ No

Please provide an organization chart:

NARRATIVE QUESTIONS (SCORED)

Please answer each question in enough detail to convey to the evaluation team the Applicant’s understanding of the services, the needs of the communities to be served, and the Applicant’s organizational priorities and practices.

1. Please see Section 1.1 and 1.2 for the purpose and objectives of this RFA. Describe the need in your community for these services and why your organization is positioned to carry out those services.

Click or tap here to enter text.

2. Please list the areas (cities, counties, districts, etc.) where the applicant plans to make this program accessible to homeowners.

Click or tap here to enter text.

3. Please provide your marketing strategies to make this program accessible to communities in need.

4. What strategies and actions do you currently utilize to advance racial equity within your organization?

5. What actions are you taking to hire, invest in, and retain staff at all levels that are reflective of the population(s) you serve?

6. Describe how data is collected, stored, and transmitted in your organization.

7. What risks and other challenges are there in delivering the services of this RFA?

This Applicant serves: (check all that apply)

☐Is located in a rural area of Washington. County: Click or tap here to enter text.
☐Has never received state grant funding.
☐Is substantially controlled and operated by members of the community(ies) it serves.

☐ Primarily serves historically marginalized and disadvantaged communities.

☐ Has or is developing written policies and procedures related to contracting and compliance.

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

The evaluation process is design to award funding not necessarily to the Applicants of least cost, but rather to Applicants that best meet the requirements of this RFA. Applicants are encouraged, however, to submit budgets that are consistent with efforts to conserve state resources and to provide the most benefit to individuals applying for home rehabilitation.

Maximum Requests will be set at $500,000. This was determined by estimated projects that can be completed by June 30, 2025. With this maximum, we could award at least 11 contracts. We estimate each grantee to complete a minimum of six home rehabilitations. Maximum funding requests and allowances:

•10% Admin budget
•35% Program Support*
•65% Project Allocation-*
Funds Requested
Projected Admin Cost
Projected Program Support
Project Allocation
$
$
$
$

*Percentage based on program operations (contract total less 10% admin)

EXHIBIT C

DIVERSE BUSINESS INCLUSION PLAN

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

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

Yes No State Certified Minority Owned Businesses? ☐ ☐ State Certified Woman Owned Businesses? ☐ ☐ State Certified Veteran Owned Businesses? ☐ ☐ Washington Small Businesses? ☐ ☐

Organizational Goals:

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

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

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

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

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

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

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

Click or tap here to enter text.

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

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

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

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

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

EXHIBIT D

Applicant Certification Executive Order 18-03 – Workers’ Rights

Pursuant to the Washington State Governor’s Executive Order 18-03, dated June 12, 2018, the Washington State Department of Commerce is seeking to contract with qualified entities and business owners who certify that their employees are not, as a condition of employment, subject to mandatory individual arbitration clauses and class or collective action waivers.

RFA Number: S23-92402

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

☐ NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This organization does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

☐ MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This organization requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

☐ This organization certifies it has no employees.

I hereby certify, under penalty of perjury under the laws of the state of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the organization listed herein.

Organization Name:_______________________________________________________________ Print full legal entity name of organization

Signed: ____________________________

Title: ____________________________

Date: ___________________________

Printed Name: _________________________

Place: ________________________________ Print city and state where signed

Return Applicant Certification to Procurement Coordinator as part of your complete response.

EXHIBIT E

(Contract Template)

Capital Agreement with

Please enter the Local Government /Business Name of Recipient Organization through

Energy Division / Weatherization Unit

Contract Number:

Please enter Contract Number For Program delivery and administration of the Low-Income Rehabilitation Grant Program

Dated: TBD

State Contract Template Table of Contents Table of Contents Face Sheet

SPECIAL TERMS AND CONDITIONS5
1.CONTRACT MANAGEMENT5
2.COMPENSATION5
3.BILLING PROCEDURES AND PAYMENT5
4.SUBCONTRACTOR DATA COLLECTION6
5.HISTORICAL OR CULTURAL ARTIFACTS6
6.INSURANCE7
7.FRAUD AND OTHER LOSS REPORTING8
8.HOME REHABILITATION GRANT PROGRAM (HRGP) REQUIREMENTS8
9.HOME REHABILITATION GRANT PROGRAM10
10.REDUCTION IN FUNDS12
11.REPORTING AND INVOICING REQUIREMENTS12
12.ORDER OF PRECEDENCE12
GENERAL TERMS AND CONDITIONS14
1.DEFINITIONS14
2.ALLOWABLE COSTS14
3.ALL WRITINGS CONTAINED HEREIN14
4.AMENDMENTS14
5.AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 28 CFR Part 3514
6.APPROVAL15
7.ASSIGNMENT15
8.ATTORNEYS’ FEES15
9.CODE REQUIREMENTS15
10.CONFIDENTIALITY/SAFEGUARDING OF INFORMATION15
11.CONFORMANCE15
12.CONFLICT OF INTEREST16
13.COPYRIGHT16
14.DISALLOWED COSTS16
15.DISPUTES17
16.DUPLICATE PAYMENT17
17.GOVERNING LAW AND VENUE17
18.INDEMNIFICATION17
19.INDEPENDENT CAPACITY OF THE CONTRACTOR18
20.INDUSTRIAL INSURANCE COVERAGE18
21.LAWS18
22.LICENSING, ACCREDITATION AND REGISTRATION18
23.LIMITATION OF AUTHORITY18
24.LOCAL PUBLIC TRANSPORTATION COORDINATION18
25.NONDISCRIMINATION18
26.PAY EQUITY19
27.POLITICAL ACTIVITIES19
28.PREVAILING WAGE LAW20
29.PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION20
30.PUBLICITY20
31.RECAPTURE20
32.RECORDS MAINTENANCE20
33.REGISTRATION WITH DEPARTMENT OF REVENUE20
34.RIGHT OF INSPECTION20
35.SAVINGS21
36.SEVERABILITY21
37.SUBCONTRACTING21
38.SURVIVAL21
39.TAXES21
40.TERMINATION FOR CAUSE21
41.TERMINATION FOR CONVENIENCE22
42.TERMINATION PROCEDURES22
43.TREATMENT OF ASSETS23
44.WAIVER23
Attachment A: Scope of Work24
Attachment B: Budget………………………………………………………………………………………25

Face Sheet Contract Number: <Insert Number>

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