Irrigation Service and System RFP#24-DZ03.pdf

Eastern Washington University

Solicitation Type: Request for Proposals (RFP)

EWU Reference #: RFP #24-DZ03

Solicitation Title: Irrigation Service and System

Proposal Due Date: 5/17/2024 no later than 2:00 p.m. Pacific Time

Contractor Eligibility: This solicitation is open to those Contractors that satisfy the minimum qualifications stated herein and that are available for work in Washington State.

TABLE OF CONTENTS

1. INTRODUCTION 1

1.1. PURPOSE AND BACKGROUND 1

1.2. OBJECTIVES AND SCOPE OF WORK 2

1.3. MINIMUM QUALIFICATIONS 4

1.4. PERIOD OF PERFORMANCE 4

1.5. DEFINITIONS 4

1.6. ADA 4

2. GENERAL INFORMATION FOR CONTRACTORS 5

2.1. RFP COORDINATOR 5

2.2. ESTIMATED SCHEDULE OF SOLICITATION ACTIVITIES 5

2.3. SUBMISSION OF PROPOSALS 5

2.4. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE 6

2.5. REVISIONS TO THE RFP 6

2.6. MINORITY, WOMEN & VETERAN-OWNED BUSINESS PARTICIPATION 6

2.7. ACCEPTANCE PERIOD 6

2.8. RESPONSIVENESS 6

2.9. MOST FAVORABLE TERMS 7

2.10. CONTRACT AND GENERAL TERMS & CONDITIONS 7

2.11. INTERLOCAL CONTRACTING 7

2.12. COSTS TO PROPOSE 7

2.13. NO OBLIGATION TO CONTRACT 7

2.14. REJECTION OF PROPOSALS 7

2.15. COMMITMENT OF FUNDS 7

2.16. INSURANCE COVERAGE 7

3. PROPOSAL CONTENTS 10

3.1. LETTER OF SUBMITTAL (MANDATORY) 10

3.2. TECHNICAL PROPOSAL (SCORED) 10

3.3. MANAGEMENT PROPOSAL (SCORED/MANDATORY/OPTIONAL) 11

3.4. COST PROPOSAL (SCORED) 12

4. EVALUATION AND CONTRACT AWARD 13

4.1. EVALUATION PROCEDURE 13

4.2. EVALUATION WEIGHTING AND SCORING 13

4.3. ORAL PRESENTATIONS MAY BE REQUIRED 13

4.4. NOTIFICATION TO PROPOSERS 13

4.5. COMPLAINT PROCESS 13

4.6. PROTEST PROCEDURE 14

5. RFP EXHIBITS 16

EXHIBIT A: CERTIFICATIONS AND ASSURANCES 16

EXHIBIT B: CONTRACTOR CERTIFICATIONS 17

EXHIBIT C: WIPHE PARTICIPATION 19

EXHIBIT D: SERVICES CONTRACT FORMAT 20

EXHIBIT E: ACCESSIBLE TECHNOLOGY REQUIREMENTS 36

EXHIBIT F: HECVAT LITE TEMPLATE 38

EXHIBIT G: DATA SHARING AGREEMENT 39

RFP #24-DZ03 Page 1 of 38

1. INTRODUCTION

1.1. PURPOSE AND BACKGROUND

Eastern Washington University ("EWU”) is requesting proposals for the procurement and installation of an advanced landscape irrigation system that will require at least 42 control stations. The system should offer various features including training, field support, troubleshooting, modular station design, cloud-based remote control, automatic software updates, real-time flow management, solar controller option, and a 10-year warranty and lease option.

EWU Profile

EWU is a regional, comprehensive public university located in Cheney and Spokane, Washington, with programs offered throughout the state and online with an enrollment of over 9,000 students. EWU’s 300-acre main campus is located in Cheney, a community of 11,000 residents, and is just 17 miles from Washington’s second largest city, Spokane.

Mission: EWU expands opportunities for personal transformation through excellence in learning.

Vision: Eastern Washington University is a driving force for the culture, economy, workforce and vitality of Washington state. Our graduates think critically and make meaningful contributions to both their career fields and their communities. EWU is the public university whose students, faculty, staff and alumni make profound and significant contributions to the economic and social vitality of the region. EWU remains the best value for higher education in the state.

Three Areas of Vision

1. Student Success: EWU has “cracked the code” for student success. EWU is a national leader for successfully attracting, retaining, graduating, and transforming the lives of all students, including under-represented, first-generation, non-traditional, and diverse students of all backgrounds.

2. Innovation and Opportunity: EWU is a national leader both in developing multiple pathways for students to complete degrees and in designing imaginative curricula and learning experiences, research, and scholarly activity that anticipate and respond effectively to shifting social and economic challenges and opportunities.

3. Community Engagement: A significant engine powering the state, EWU is the public university whose students, faculty, staff, and alumni make profound and significant contributions to the economic and social vitality of the region. EWU remains the best value for higher education in the state.

1.2. OBJECTIVES AND SCOPE OF WORK

The EWU Facilities & Planning Unit is seeking proposals for the installation of an advanced irrigation management controller system and service with upgrades to the necessary peripherals to ensure operation of that system. See attached document for full project guidelines and expectations. The system should include the following:

1. Controllers: 42 individual controllers with modular and field replaceable station design. Controllers to be installed will be Calsense 2 – Wire C3000 or equivalent.

2. Upgrades or new installations of system peripherals to ensure full functionality of the controller system at the conclusion of install. Examples include but are not limited to, Master valves, 2 wire pathways, and Flow sensors.

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3. Training and Support:

• Comprehensive training on system installation, operation, and maintenance.

• Technician available, based in Washington State with on-site field support as needed within 48 hours.

• Troubleshooting assistance for the entire lifespan of the product at no additional charge.

4. Remote Control:

• Cloud-based remote control and monitoring of the irrigation system that is accessible through smartphones, tablets, and PCs.

5. Automatic Software Updates:

• Automatic software updates delivered via cloud connection.

6. Solar Controller Option:

• Option for solar-powered controllers.

7. Real-Time Flow Management:

• Real-time monitoring and management of water flow for efficient water usage.

8. Warranty:

• 10-year warranty covering all components and system functionality.

9. Lease Program:

• Administered under at least a 10-year lease program, allowing for yearly payment terms for the service and installation.

Preferred proposal format:

1) Introduction and executive summary of no more than one single-spaced page.

2) Listing of three customer references or case studies demonstrating successful implementation of a similar irrigation system for evaluation of work that has been completed by the firm in the past five years.

3) Detailed proposal outlining the proposed irrigation control system, including specifications, features, and components.

4) Pricing structure for the complete system, including any optional add-ons or services.

5) Information on training, field support, troubleshooting, and warranty coverage.

6) Details on the cloud-based remote-control interface and compatibility with various devices.

7) Information about the solar controller option and its benefits.

8) Outline of the real-time flow management capabilities.

9) Proposed terms and conditions for the lease program.

10) Specify the warranty terms for the installed hardware and system functionality.

(Offer a warranty that covers components, performance, and remote management capabilities.)

11) Additional information can be found in attachments to this request for proposal.

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1.3. MINIMUM QUALIFICATIONS

Minimum qualifications include:

1. Licensed to do business in the State of Washington or provide a commitment that it will become licensed in Washington within thirty (30) calendar days of being selected as the Apparent Successful Contractor.

2. Have not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW Chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of this solicitation (Exhibit B).

3. Does not require its employees to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers (Exhibit B).

4. Washington State Public Works – Firm will follow Washington State Public Works requirements, utilizing a Licensed contractor, prevailing wage (notices and affidavits).

1.4. PERIOD OF PERFORMANCE

The period of performance of any Contract resulting from this RFP is tentatively scheduled to begin on date of execution and to end ten (10) years later.

EWU reserves the right at its sole option to extend the Contract for one (1) additional ten-year period; not to exceed a total of twenty (20) years.

1.5. DEFINITIONS

Definitions for the purposes of this RFP include:

1. Apparent Successful Contractor – The Contractor selected as the entity to perform the anticipated services, subject to completion of Contract negotiations and execution of a written Contract.

2. Contractor – A. Individual or company interested in the RFP and that may or does submit a

Proposal in order to attain a Contract with EWU.

B. Individual or company whose Proposal has been accepted by EWU and is awarded a fully executed, written Contract.

3. EWU – The agency of the State of Washington that is issuing this RFP.

4. Proposal – A formal offer submitted in response to this solicitation.

5. Proposer – Individual or company that submits a Proposal in order to attain a Contract with EWU.

6. Request for Proposals (RFP) – Formal solicitation document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFP is to permit the Contractor community to suggest various approaches to meet the need at a given price.

1.6. ADA

EWU complies with the Americans with Disabilities Act (ADA). Contractors may contact the RFP Coordinator to receive this RFP in Braille or on tape.

2. GENERAL INFORMATION FOR CONTRACTORS

2.1. RFP COORDINATOR

The RFP Coordinator is the sole point of contact in EWU for this solicitation. All communication between the Contractor and EWU upon release of this RFP shall be with the RFP Coordinator, as follows:

http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

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Name Diana Zartman

Email Address dzartman@ewu.edu

Mailing Address EWU Procurement & Contracts 218 Tawanka Hall Cheney, WA 99004-2456

Phone Number (509) 359-6989

Email is the preferred method of communication.

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

Contractors are to rely on written statements issued by the RFP Coordinator.

Communication directed to parties other than the RFP Coordinator may result in disqualification of the Contractor.

2.2. ESTIMATED SCHEDULE OF SOLICITATION ACTIVITIES

Issue RFP 4/2/2024

Question & Answer Period 4/2/2024 – 4/10/2024

Issue Last Addendum to RFP 4/15/2024

Proposal Due Date 5/17/2024

Evaluate Proposals 5/18/2024 – 5/24/2024

Conduct Oral Interviews with Finalists, if required 5/27/2024 – 5/31/2024

Announce Apparent Successful Contractor and Send Notification via WEBS to Unsuccessful Proposers

6/05/2024

Negotiate Contract 6/6/2024 – 6/19/2024

Begin Contract Work Immediately

EWU reserves the right to revise the above schedule.

2.3. SUBMISSION OF PROPOSALS

The Proposal must be received by the RFP Coordinator no later than 2:00 p.m., Pacific Time, in Cheney, Washington, on 5/17/2024.

Proposals must be submitted electronically as an attachment to an email to Diana Zartman, the RFP Coordinator, at the email address listed in Section 2.1. Attachments to email shall be in Microsoft Word format or PDF. Zipped files cannot be received by EWU and cannot be used for submission of Proposals. The cover submittal letter and the Certifications and Assurances form must have a scanned signature of the individual within the organization authorized to bind the Contractor to the offer. EWU does not assume responsibility for problems with Contractor’s email. If EWU’s email is not working, appropriate allowances will be made.

Proposals may NOT be transmitted using facsimile transmission.

Contractors should allow sufficient time to ensure timely receipt of the Proposal by the RFP Coordinator. Late Proposals will not be accepted and will be automatically disqualified from further consideration, unless EWU’s email is found to be at fault. All Proposals and any accompanying documentation become the property of EWU and will not be returned.

2.4. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Proposals submitted in response to this competitive solicitation shall become the property of EWU. Pursuant to RCW 39.26.030, Proposals and Proposal evaluations are exempt from disclosure until EWU announces the Apparent Successful Contractor; thereafter, the Proposals shall be deemed public records as defined in Chapter 42.56 RCW.

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Any information in the Proposal that the Contractor 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 Contractor’s document, must be clearly designated.

The information must be clearly identified and the particular exemption from disclosure upon which the Contractor 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 Proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Contractor has marked as "Proprietary Information," EWU will notify the Contractor of the request and of the date that the records will be released to the requester unless the Contractor obtains a court order enjoining that disclosure. If the Contractor fails to obtain the court order enjoining disclosure, EWU will release the requested information on the date specified. If a Contractor 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, EWU shall maintain the confidentiality of the Contractor's information per the court order.

Any contract entered into with EWU is not considered proprietary information, is subject to public disclosure, and may be posted on EWU’s website.

2.5. REVISIONS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be provided via WEBS.

EWU also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a Contract.

2.6. MINORITY, WOMEN & VETERAN-OWNED BUSINESS PARTICIPATION

In accordance with Chapters 39.19 and 43.60A RCW, the State of Washington encourages participation in all of its contracts by firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) or Washington State Department of Veteran’s Affairs (DVA). Participation may be either on a direct basis in response to this solicitation or on a Subcontractor basis. However, no preference will be included in the evaluation of Proposals, no minimum level of minority, women, or veteran-owned business participation shall be required as a condition for receiving an award, and Proposals will not be rejected or considered non-responsive on that basis.

The established annual procurement participation goals for MBE is 10% and for WBE, 4%, for this type of project. The suggested veteran-owned business participation goal is 3%. These goals are voluntary. For information on certified firms, Contractors may contact OMWBE or the DVA.

2.7. ACCEPTANCE PERIOD

Proposals must provide 90 days for acceptance by EWU from the due date for receipt of Proposals.

2.8. RESPONSIVENESS

All Proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. The Contractor is specifically notified that failure to comply with any part of the RFP may result in rejection of the Proposal as non-responsive.

EWU also reserves the right at its sole discretion to waive minor administrative irregularities.

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2.9. MOST FAVORABLE TERMS

EWU reserves the right to make an award without further discussion of the Proposal submitted. Therefore, the Proposal should be submitted initially on the most favorable terms which the Contractor can propose. There will be no best and final offer procedure. EWU does reserve the right to contact a Contractor for clarification of its Proposal.

The Apparent Successful Contractor should be prepared to accept this RFP for incorporation into a Contract resulting from this RFP. Contract negotiations may incorporate some or all of the Contractor’s Proposal. It is understood that the Proposal will become a part of the official solicitation file on this matter without obligation to EWU.

2.10. CONTRACT AND GENERAL TERMS & CONDITIONS

The Apparent Successful Contractor 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 D. Contractor may submit its general License or University-specific Agreement as part of its Proposal for EWU to review. If there is a conflict between the terms contained in EWU’s terms and conditions and Contractor’s Agreement, Contractor must either agree to EWU’s terms or submit exceptions as allowed in the Certifications and Assurances form, Exhibit A to this RFP. All exceptions to the Contract terms and conditions must be submitted as an attachment to Exhibit A, Certifications and Assurances form. EWU will review requested exceptions and accept or reject the same at its sole discretion.

2.11. INTERLOCAL CONTRACTING

EWU is a member of the Washington State Institutions of Public Higher Education (WIPHE) and is aware that other WIPHE members may be interested in purchasing the product(s) included in this solicitation. Therefore, pursuant to the Interlocal Cooperation Act, Chapter

39.34 RCW, all WIPHE members will be eligible to utilize the Contract(s) awarded as a result of this solicitation, if all parties are willing. The Contractor must complete Exhibit C as part of the Proposal.

2.12. COSTS TO PROPOSE

EWU will not be liable for any costs incurred by the Contractor in preparation of a Proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP.

2.13. NO OBLIGATION TO CONTRACT

This RFP does not obligate the State of Washington or EWU to contract for services specified herein.

2.14. REJECTION OF PROPOSALS

EWU reserves the right at its sole discretion to reject any and all Proposals received without penalty and not to issue a Contract as a result of this RFP.

2.15. COMMITMENT OF FUNDS

The President of EWU or his/her delegate is the only individual who may legally commit EWU to the expenditures of funds for a Contract resulting from this RFP. No cost chargeable to the proposed Contract may be incurred before receipt of a fully executed Contract.

2.16. INSURANCE COVERAGE

1. General Requirements A. Contractor shall, at its own expense, obtain and keep in force insurance as follows during the Period of Performance of the Contract. Upon request, Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to EWU that insurance, in the following kinds and minimum http://app.leg.wa.gov/RCW/default.aspx?cite=39.34

RFP #24-DZ03 Page 7 of 38 amounts, has been secured. Failure to provide proof of insurance, as required, may, at EWU’s sole option, result in the Contract’s termination.

B. Contractor shall include all Subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each Subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of Subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.

C. All insurance provided in compliance with the Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by

EWU.

2. Specific Requirements

A. Commercial General Liability Insurance: The Contractor shall at all times during the Period of Performance of the Contract, carry and maintain commercial general liability insurance and, if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under the Contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants.

The insurance shall also cover bodily injury, including disease, illness and death, and property damage arising out of the Contractor’s premises/operations, independent contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business contract), and contain separation of insured’s (cross liability) conditions.

Contractor waives all rights against EWU for the recovery of damages to the extent they are covered by general liability or umbrella insurance.

The limits of liability insurance shall not be less than as follows:

General aggregate limits (other than products-completed operations) $2 million

Products-completed operations aggregate $2 million

Personal and advertising injury aggregate $1 million

Each occurrence (applies to all of the above) $1 million

Fire damage limit (per occurrence) $50,000

Medical expense limit (any one person) $5,000

B. Professional Liability (Errors and Omissions) Insurance: Limits of liability shall not be less than $1 million per claim and $2 million annual aggregate.

C. Business Auto Policy: In the event that services delivered pursuant to the Contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease, and death;

and property damage caused by an occurrence arising out of or in consequence of the performance of services by the Contractor, Subcontractor, or anyone employed by either.

Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1 million per occurrence. The business auto liability shall include Hired and Non-Owned coverage.

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Contractor waives all rights against EWU for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.

D. Employer’s Liability (Stop Gap): The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employer’s Liability insurance with a limit of no less than $1 million. EWU will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of the Contract.

E. Cyberliability Insurance: See Exhibit G for details.

3. Additional Insurance Provisions All above insurance policies shall include, but not be limited to, the following provisions:

A. Additional Insured: EWU shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

B. Notice of Policy Cancellation/Non-Renewal

i. For insurers subject to Chapter 48.18 RCW (admitted and regulated by the Washington State Insurance Commissioner), a written notice shall be given to EWU’s Risk Manager or designee 45 calendar days prior to cancellation or any material change to the policy as it relates to the Contract. Written notice shall include the affected Contract reference number.

ii. For insurers subject to Chapter 48.15 RCW (Surplus Lines), a written notice shall be given to EWU’s Risk Manager or designee 20 calendar days prior to cancellation or any material change to the policy or policies related to the Contract. Written notice shall include the affected Contract reference number.

iii. If cancellation on any policy is due to non-payment of premium, a written notice shall be given to EWU’s Risk Manager or designee 10 calendar days prior to cancellation. Written notice shall include the affected Contract reference number.

C. Identification: Policies and certificates of insurance shall include the affected Contract reference number.

D. Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports.

Any exception must be reviewed and approved by EWU’s Risk Manager, by submitting a copy of the Contract and evidence of insurance before Contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter

48.15 RCW and Chapter 284-15 of the Washington Administrative Code

(WAC).

E. Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits.

F. Limit Adjustments: EWU reserves the right to increase or decrease limits as appropriate.

4. Industrial Insurance Coverage: The Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees

RFP #24-DZ03 Page 9 of 38 as may be required by law, EWU may terminate the Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from the Contractor.

3. PROPOSAL CONTENTS

Proposals must be written in English and submitted electronically to the RFP Coordinator in the order noted below:

1. Letter of Submittal, including signed Certifications and Assurances (Exhibit A), Contractor Certifications (Exhibit B), and WIPHE Participation (Exhibit C);

2. Technical Proposal;

3. Management Proposal; and,

4. Cost Proposal.

Proposals 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 Proposal, but should assist the Contractor in preparing a thorough response.

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

3.1. LETTER OF SUBMITTAL (MANDATORY)

The Letter of Submittal, Certifications and Assurances (Exhibit A), Contractor Certifications (Exhibit B), and WIPHE Participation (Exhibit C) must be signed and dated by a person authorized to legally bind the Contractor 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. Along with introductory remarks, the Letter of Submittal is to include by attachment the following information about the Contractor and any proposed Subcontractors:

1. Name, address, principal place of business, telephone number, and fax number/email address of legal entity or individual with whom Contract would be written.

2. Name, address, and telephone number of each principal officer (President, Vice President, Treasurer, Chairperson of the Board of Directors, etc.)

3. Legal status of the Contractor (sole proprietorship, partnership, corporation, etc.), the year the entity was organized to do business as the entity now substantially exists, and a brief company history.

4. Federal Employer Tax Identification number or Social Security number and the Washington Uniform Business Identification (UBI) number issued by the State of Washington Department of Revenue.

5. Location of the facility from which the Contractor would operate.

6. Identify any state employees or former state employees employed or on the firm’s governing board as of the date of the Proposal. Include their position and responsibilities within the Contractor’s organization. If following a review of this information, it is determined by EWU that a conflict of interest exists, the Contractor may be disqualified from further consideration for the award of a Contract.

3.2. TECHNICAL PROPOSAL (SCORED)

The Technical Proposal must contain a comprehensive description of services including the following elements:

1. Site Survey - Conduct a site survey to assess the layout, topography, soil conditions, and water supply points. Gather essential data to inform the system design and installation plan.

2. Project Approach/Methodology - Include a complete description of the Contractor’s proposed approach and methodology for the project. This section should convey Contractor’s understanding of the proposed project.

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3. Work Plan - Include all project requirements and the proposed tasks, services, activities, etc. necessary to accomplish the scope of the project defined in this RFP.

This section of the Technical Proposal must contain sufficient detail to convey to members of the evaluation team the Contractor’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of EWU staff. The Contractor may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation.

4. Project Schedule - Include a project schedule indicating when the elements of the work will be completed. Project schedule must ensure that any deliverables requested are met.

5. Outcomes and Performance Measurement - Describe the impacts/outcomes the Contractor proposes to achieve as a result of the delivery of these services including how these outcomes would be monitored, measured and reported to EWU.

6. Risks - The Contractor must identify potential risks that are considered significant to the success of the project. Include how the Contractor would propose to effectively monitor and manage these risks, including reporting of risks to EWU’s Contract Administrator.

7. Deliverables - Fully describe deliverables to be submitted under the proposed Contract. Deliverables must support the requirements set forth in Section 1.2, Objectives and Scope of Work.

1. MANAGEMENT PROPOSAL (SCORED/MANDATORY/OPTIONAL)- Project Management (SCORED)

A. Project Team Structure/Internal Controls - Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any Subcontractors. Provide an organizational chart of your firm indicating lines of authority for personnel involved in performance of the potential Contract and relationships of this staff to other programs or functions of the firm. This chart must also show lines of authority to the next senior level of management. Include who within the firm will have prime responsibility and final authority for the work.

B. Staff Qualifications/Experience i.Identify staff, including Subcontractors, who will be assigned to the potential Contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project.

ii.Provide resumes' for the named staff, which include information on the individual’s particular skills related to this project, education, experience, significant accomplishments and any other pertinent information.

iii.The Contractor shall use best efforts to ensure that staff identified in its Proposal will actually perform the assigned work. Any staff substitution must have the prior approval of EWU.

C. Maintenance & Support Team Structure/Internal Controls – Provide a description of the software maintenance and support services. Detail any applicable help desk services, online support, error and malfunction services, and on-call/on-site support.

2. Experience of the Contractor (SCORED)

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A. Indicate the experience the Contractor and any Subcontractors have that relate to their ability to provide the services as required for this RFP, especially with respect to providing Enrollment Management Marketing Services for higher education institutions.

B. Indicate other relevant experience that indicates the qualifications of the Contractor, and any Subcontractors, for the performance of the potential Contract.

C. Include a list and description of projects of similar size and scope over the last five (5) years that relate to the Contractor’s ability to perform the services needed under this RFP.

3. Related Information (MANDATORY)

A. If the Contractor or any Subcontractor contracted with the State of Washington during the past 24 months, indicate the name of the agency, the contract number and project description and/or other information available to identify the contract.

B. If the Contractor’s staff or Subcontractor’s staff was an employee of the State of Washington during the past 24 months, or is currently a Washington State employee, identify the individual by name, the agency previously or currently employed by, job title or position held and separation date.

C. If the Contractor has had a contract terminated for default in the last five years, describe such incident. Termination for default is defined as notice to stop performance due to the Contractor’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer, or (b) litigated and such litigation determined that the Proposer was in default.

D. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Contractor’s position on the matter.

EWU will evaluate the facts and may, at its sole discretion, reject the Proposal on the grounds of the past experience. If no such termination for default has been experienced by the Contractor in the past five years, so indicate.

4. References (MANDATORY)

A. List names, addresses, telephone numbers, and fax numbers/email addresses of three (3) business references for whom work has been accomplished and briefly describe the type of service provided. Do not include current EWU staff as references.

B. By submitting a Proposal in response to this RFP, the Contractor and team members grant permission to EWU to contact these references and others, who from EWU’s perspective, may have pertinent information. EWU may or may not, at EWU’s discretion, contact references. EWU may evaluate references at EWU’s discretion.

5. OMWBE & DVA Certification (OPTIONAL AND NOT SCORED)

A. Include proof of certification issued by OMWBE if certified minority-owned firm and/or women-owned firm(s) will be participating on this project or certification from the DVA if veteran-owned firms will be participating on this project. For information, Contractors may contact OMWBE or the DVA.

6. Environmental and Social Issues (OPTIONAL AND NOT SCORED)

A. Indicate use of environmentally safe products and processes.

3.3. COST PROPOSAL (SCORED)

The evaluation process is designed to award this solicitation not necessarily to the Contractor of least cost, but rather to the Contractor whose Proposal best meets the requirements of this

RFP #24-DZ03 Page 12 of 38

RFP. However, Contractors are encouraged to submit Proposals which are consistent with state government efforts to conserve state resources.

1. Identification of Costs (SCORED) Identify all costs in U.S. dollars including expenses to be charged for performing the services necessary to accomplish the objectives of the Contract. The Contractor is to submit a fully detailed budget including staff costs and any expenses necessary to accomplish the tasks and to produce the deliverables under the Contract. Contractors are required to collect and pay Washington State sales and use taxes, as applicable.

Costs for Subcontractors are to be broken out separately. Please note if any Subcontractors are certified by OMWBE and/or the DVA.

4. EVALUATION AND CONTRACT AWARD

4.1. EVALUATION PROCEDURE

Responsive Proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of Proposals shall be accomplished by an evaluation team(s), to be designated by EWU, which will determine the ranking of the Proposals.

EWU, at its sole discretion, may elect to select the top-scoring firms as finalists for an oral presentation.

The RFP Coordinator may contact the Contractor for clarification of any portion of the Contractor’s Proposal.

4.2. EVALUATION WEIGHTING AND SCORING

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

Technical Proposal Project Approach/Methodology Quality of Work Plan Project Schedule Project Deliverables

40 Points 5 Points 5 Points 5 Points

25 Points

40%

Management Proposal Project Team Structure/Internal Controls Staff Qualifications/Experience Maintenance & Support Team Structure/Internal Controls Experience of the Contractor

10 Points 3 Points

1 Point 5 Points

1 Point

10%

Cost Proposal 50 Points 50%

Total 100 Points 100%

EWU reserves the right to award the Contract to the Contractor whose Proposal is deemed to be in the best interest of EWU and the State of Washington.

4.3. ORAL PRESENTATIONS MAY BE REQUIRED

Written submittals and oral presentations, if considered necessary, will be utilized in selecting the winning Proposal. EWU, at its sole discretion, may elect to select the top scoring finalists from the written evaluation for an oral presentation and final determination of Contract award.

Should EWU elect to hold oral presentations, it will contact the top-scoring firm(s) to schedule a date, time and location. Commitments made by the Contractor at the oral interview, if any, will be considered binding. The scores from the written evaluation and the oral presentation combined together will determine the Apparent Successful Contractor.

RFP #24-DZ03 Page 13 of 38

4.4. NOTIFICATION TO PROPOSERS

EWU will notify all Proposers of their selection via WEBS upon completion of the evaluation process. After the announcement of the Apparent Successful Contractor, Proposers will be offered a debriefing upon written request. Proposers will be given 3 business days after the Apparent Successful Contractor is announced to request a debriefing. Reference 4.6 for the Protest Procedure.

4.5. COMPLAINT PROCESS

Pursuant to RCW 39.26.170, the complaint process allows Proposers to focus on the solicitation requirements and evaluation process and raise issues with these processes early enough in the process to allow EWU to correct a problem before Proposals are submitted and time expended on evaluations. Complaints may be made only by Contractors who intend to submit a response to the solicitation. Complaints filed on the day solicitation responses are due shall be reviewed and considered if time permits. Complaints that do not follow these procedures shall not be considered.

The complaint process will meet the following minimum requirements:

1. Proposers will be given an opportunity to submit a complaint to EWU based on any of the following:

A. The solicitation unnecessarily restricts competition;

B. The solicitation evaluation or scoring process is unfair or flawed; or C. The solicitation requirements are inadequate or insufficient to prepare a response.

2. Proposers will be allowed to submit complaints up to 5 business days prior to the bid response deadline. Complaints must meet the following requirements:

A. Must be in writing.

B. Must be sent to the RFP Coordinator, or designee.

C. Should clearly articulate the basis for the complaint.

D. Should include a proposed remedy.

3. The RFP Coordinator or designee will respond to complaints in writing. The RFP Coordinator will consider all available facts and provide a response to the Proposer.

The response will include the decision, how the review was conducted and the basis upon which a decision was made.

4. The response to complaints including any changes to the solicitation will be posted as an amendment on WEBS.

5. The EWU Director of Procurement and Contracts will be notified of all complaints and provided a copy of the response.

6. The complaint may not be raised again during the protest period.

7. The complaint process does not include an appeal process. This complaint procedure constitutes the sole administrative remedy available to Proposers under this solicitation.

4.6. PROTEST PROCEDURE

Pursuant to RCW 39.26.170, the protest process occurs after the Proposals are submitted and evaluated. This allows Proposers to focus on the evaluation process to ensure its integrity and fairness. Protests can raise issues related to the evaluation process as set out in the solicitation or how the process was executed. This allows for evaluation process errors and problems to be corrected before a Contract is executed. Protests that do not follow these procedures shall not be considered.

The protest process will meet the following requirements:

1. After the announcement of the Apparent Successful Contractor, Contractors will be offered a debriefing upon written request.

2. Contractors will be given 3 business days after the Apparent Successful Contractor is announced to request a debriefing.

A. Discussion at the debriefing conference will be limited to the following:

i. Evaluation and scoring of the Contractor’s Proposal;

RFP #24-DZ03 Page 14 of 38

ii. Critique of the Proposal based on the evaluation;

iii. Review of Contractor’s final score in comparison with other final scores without identifying the other Contractors.

B. Comparisons between Proposals or evaluations of the other Proposals will not be allowed.

C. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

3. Contractors are required to participate in a debriefing as a prerequisite for submitting a protest.

4. Contractors will be given 5 business days after their debriefing to file a written protest.

5. The protest process will allow Contractors an opportunity to submit a protest based only on the following:

A. A matter of bias, discrimination, or conflict of interest on the part of an evaluator;

B. Errors in computing the scores; or C. Non-compliance with procedures described in the solicitation document or

EWU protest process.

6. Protests are to be submitted to the EWU Director of Procurement and Contracts and the RFP Coordinator.

7. A written response within 10 business days from receipt of the protest, unless additional time is needed. The protesting Contractors shall be notified if additional time is needed.

8. The final determination of the protest shall:

A. Find the protest lacking in merit and uphold EWU’s action; or B. Find only technical or harmless errors in EWU’s acquisition process and determine EWU to be in substantial compliance and reject the protest; or C. Find merit in the protest and provide EWU options which may include:

i. Correct the errors and re-evaluate all Proposals, and/or

ii. Reissue the solicitation document and begin a new process, or

iii. Make other findings and determine other courses of action as

The protest decision is final. If a protesting Contractor does not accept the protest response, the Contractor may try to seek relief from superior court. If EWU determines that the protest is without merit, EWU will enter into a Contract with the Apparent Successful Contractor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

5. RFP EXHIBITS

EXHIBIT A: CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the Proposal to which it is attached, 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:

1. I/we declare that all answers and statements made in the Proposal 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 Proposal.

3. The attached Proposal is a firm offer for a period of 90 days following the due date for receipt of

Proposals, and it may be accepted by EWU without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period.

RFP #24-DZ03 Page 15 of 38

4. In preparing this Proposal, 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 Proposal or prospective Contract, and who was assisting in other than his or her official, public capacity. If there are exceptions to these assurances, I/we have described them in full detail on a separate page attached to this document.

5. I/we understand that EWU will not reimburse me/us for any costs incurred in the preparation of this

Proposal. All Proposals become the property of EWU, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this Proposal.

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

7. I/we agree that submission of the attached Proposal 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 Proposer to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

9. I/we grant EWU the right to contact references and others, who may have pertinent information regarding the ability of the Contractor and the lead staff person to perform the services contemplated by this RFP.

10. I/we (circle one) are / are not submitting proposed Contract exceptions (See Section 2.10, Contract and General Terms & Conditions). If Contract exceptions are being submitted, I/we have attached them to this form.

On behalf of the Contractor submitting this Proposal, my name below attests to the accuracy of the above statements. We are submitting a scanned signature of this form with our Proposal.

Signature Date

Name

Title

EXHIBIT B: CONTRACTOR CERTIFICATIONS

WAGE THEFT PREVENTION – RESPONSIBLE BIDDER CRITERIA

WASHINGTON STATE GOODS & SERVICES CONTRACTS

Prior to awarding a Contract, EWU is required to determine that a Contractor is a ‘responsible bidder.’ See RCW 39.26.160(2) & (4). Pursuant to legislative enactment in 2017, the responsible bidder criteria includes a contractor certification that the Contractor has not willfully violated Washington’s wage laws. See Chap. 258, 2017 Laws (enacting SSB 5301).

Solicitation Dated: May 17, 2024

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

RFP #24-DZ03 Page 16 of 38

☐ NO WAGE VIOLATIONS. This firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW Chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced solicitation date.

OR

☐ VIOLATIONS OF WAGE LAWS. This firm has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW Chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced solicitation date.

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 firm listed herein.

Print Full Legal Entity Name of Contractor

Signature of Authorized Person

Date

Print Name of Authorized Person

Print City and State where Signed

Title of Authorized Person http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

RFP #24-DZ03 Page 17 of 38

SUPPORTING WORKERS RIGHTS – WASHINGTON STATE EXECUTIVE ORDER 18-03

WASHINGTON STATE GOODS & SERVICES CONTRACTS

To the extent permissible under state and federal law, when making purchasing and other procurement decisions, all state executive and small cabinet agencies shall seek to contract with qualified entities and business owners that can demonstrate or will certify that their employees are not required to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers.

Solicitation Dated: May 17, 2024

I…