ISPGRANT-11-2025.pdf

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR APPLICATIONS (RFA)

RFA NO. ISPGRANT-11-25

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: Industrial Symbiosis Grant Program

RESPONSE DUE DATE: Tuesday, January 20th, 2026 by 4:00pm PST

EXPECTED TIME PERIOD FOR CONTRACT: March 2, 2026 – June 30, 2027

CONTRACTOR ELIGIBILITY: This procurement is open to those entities which satisfy the minimum qualifications stated herein and are available for work in Washington (see section 1.3).

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.

Match funding is required to be provided at a one-to-one (1:1) ratio to award funding (RCW 43.31.635).

CONTENTS OF THE REQUEST FOR APPLICATIONS:

1. Introduction

2. General Information

3. Application Contents

4. Evaluation and Award

5. Exhibits http://app.leg.wa.gov/RCW/default.aspx?cite=43.31.635

Table of Contents

1 INTRODUCTION 3

1.1 PURPOSE AND BACKGROUND 3

1.2 OBJECTIVES 3

1.3 MINIMUM QUALIFICATIONS 4

1.4 FUNDING 5

1.5 PERIOD OF PERFORMANCE 6

1.6 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES 6

1.7 DEFINITIONS 6

1.8 ADA 7

2 GENERAL INFORMATION 7

2.1 RFA COORDINATOR 8

2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES 8

2.3 APPLICANTS’ CONFERENCE 8

2.4 QUESTION AND ANSWER PERIOD 9

2.5 SUBMISSION OF RESPONSES 9

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE 9

2.7 REVISIONS TO THE RFA 10

2.8 ACCEPTANCE PERIOD 10

2.9 COMPLAINT PROCESS 10

2.10 RESPONSIVENESS 11

2.11 MOST FAVORABLE TERMS 11

2.12 CONTRACT AND GENERAL TERMS & CONDITIONS 11

2.13 COSTS TO PROPOSE 12

2.14 NO OBLIGATION TO CONTRACT 12

2.15 REJECTION OF RESPONSES 12

2.16 COMMITMENT OF FUNDS 12

2.17 ELECTRONIC PAYMENT 12

2.18 INSURANCE COVERAGE 12

3 RESPONSE CONTENTS 12

3.1 CERTIFICATIONS AND ASSURANCES (MANDATORY) 13

3.2 APPLICANT INFORMATION (SCORED) 13

3.3 DIVERSE BUSINESS INCLUSION PLAN (MANDATORY) 13

3.4 WORKERS’ RIGHTS CERTIFICATION (MANDATORY) 13

4 EVALUATION AND CONTRACT AWARD 14

4.1 EVALUATION PROCEDURE 14

4.2 CLARIFICATION OF RESPONSE 14

4.3 EVALUATION AND SCORING 14

4.4 VIRTUAL PRESENTATIONS MAY BE REQUIRED 15

4.5 NOTIFICATION TO APPLICANTS 15

4.6 DEBRIEFING OF UNSUCCESSFUL APPLICANTS 15

4.7 PROTEST PROCEDURE 15

RFA Exhibits:

Exhibit A Certifications and Assurances Exhibit B Diverse Business Inclusion Plan Exhibit C Workers’ Rights Certification Exhibit D Example Grant Contract including General Terms and Conditions Exhibit E RCW 43.31.625 Industrial Waste Coordination Program Exhibit F RCW 43.31.635 Industrial Symbiosis Grant Program http://app.leg.wa.gov/RCW/default.aspx?cite=43.31.625

1 INTRODUCTION

1.1 PURPOSE AND BACKGROUND

The Washington State Department of Commerce hereafter called "COMMERCE,” is initiating this competitive Request for Applications (RFA) to solicit proposals from those qualified and interested in grant funding to support the progress of industrial symbiosis projects located across Washington state. First pioneered in Kalundborg, Denmark, industrial symbiosis is the practice to divert the waste streams generated by organizations to be repurposed and innovated into beneficial resources for use by another industry. As a key strategy for a thriving circular economy, industrial symbiosis projects help efforts to reduce environmental impacts in our communities, develop a local resilient supply chain, and grow economic opportunities.

COMMERCE established the Industrial Waste Coordination Program (RCW 43.31.625) to facilitate local waste exchange and provide funding through the Industrial Symbiosis Grant Program (RCW 43.31.635) for eligible projects that demonstrate industrial waste diversion through recycling innovation. For information on previously funded projects, please go to Commerce’s program webpage. The Industrial Symbiosis Grant

Program is supported with funding from Washington’s Climate Commitment Act. The CCA supports

Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov.

1.2 OBJECTIVES

By administering this grant funding, COMMERCE seeks to advance the environmental and economic benefits from increasing industrial symbiosis projects across the state. Funding projects through the

Industrial Symbiosis Grant Program supports progress to reduce resource consumption & greenhouse gas emissions through more sustainable industrial processes. Innovations include projects which transform industrial by-products such as waste materials, waste heat, and wastewater into valuable resources for use in other industries. Projects must emphasize the development of end users and partnerships for circular resources.

This RFA will evaluate eligible industrial symbiosis project applications in a competitive process and intends to award multiple contracts. RCW 43.31.635 directs grant awards to provide support for research, development, and deployment of existing and emerging industrial waste coordination projects. Scopes of work can stem from (but not limited to):

• Conceptual work by public utilities to redirect their waste to productive use;

• Existing inventories or project concepts involving specific biobased wastes converted to renewable natural gas;

• Research on product development using a specific waste flow;

• Feasibility studies to evaluate potential biobased resources;

• Feasibility studies for publicly owned utilities to evaluate business models to transform to multiutility operations or for the evaluation of potential symbiosis connections with other regional businesses;

• Other local waste coordination projects as determined by COMMERCE.

Special Preference:

One of the legislative goals is to strengthen the circular economy include forming industrial symbiosis parks in Washington - where organizations co-locate and turn waste such as excess heat, energy, wastewater, or waste materials into valuable resources. The core approach is to create integrated systems that keep resources flowing through multiple entities in a circular manner. Partners in industrial symbiosis parks share opportunities for environmental impact reduction, supply chain sourcing, increased productivity, and developing market end users. Examples of this include co-locating with existing manufacturing facilities https://www.symbiosis.dk/en/ https://app.leg.wa.gov/rcw/default.aspx?cite=43.31.625 https://app.leg.wa.gov/rcw/default.aspx?cite=43.31.635 https://choosewashingtonstate.com/why-washington/our-key-sectors/industrial-symbiosis/ file://///com.wa.lcl/Agency/OEDC/Industry%20Sector%20Development%20Program/Circular%20Economy/_RCW%2043.31.635%20-%20Industrial%20Symbiosis%20Grant%20Program/Prep%20for%202025%20(FY26)/www.climate.wa.gov https://app.leg.wa.gov/rcw/default.aspx?cite=43.31.635 where feedstock is sourced from an existing waste stream, using excess heat from one facility to power processes in another, co-locating projects to share energy infrastructure. Based on this focus, an additional 10 points will be given to project applications which meet at least one of the following criteria in order to help facilitate the development of industrial symbiosis parks across Washington state:

1. Applicant demonstrates progress steps taken among two or more organizations planning to co-locate at an identified location and intend to share integrated resource streams (water, energy, materials, etc.).

This can be provided through submitting a letter of intent and/or a memorandum of understanding with partner(s). Please include the land use zoning and/or regulatory permits required to achieve the proposed project; or

2. Applicant demonstrates progress steps taken for an existing operational site to plan and enable future capacity for additional businesses/organizations to co-locate and also intend to share integrated resource streams (water, energy, materials, etc.) Please include the land use zoning and/or regulatory permits required to achieve the proposed project; or

3. Applicant demonstrates progress steps taken among two or more organizations to innovate industrial by-products and waste materials into valuable resources for shared use (unrelated to co-location status). This can be provided through a letter of intent and/or memorandum of understanding with partner(s).

Grant allocations are subject to the following criteria (RCW 43.31.635):

• Geographic diversity, with funding to be distributed equally in western and eastern parts of the state, urban and rural areas, and small towns and large cities;

• Estimated timeframe for project implementation and scale of economic or environmental benefits;

• Requirement for awarded contracts to provide one-to-one (1:1) nonstate to state match funding

• Individual grant awards will not exceed $500,000;

• Awards will avoid creating or worsening environmental health disparities. Applications can be informed by the use of the Washington Department of Health's Environmental Health Disparities

Map and the Washington Office of Financial Management’s Overburdened Communities Mapping

Tool.

1.3 MINIMUM QUALIFICATIONS

This RFA opportunity is open to private, non-profit, Tribal, and public entities that are focusing efforts to help divert industrial waste and increase recycling innovation to benefit Washington’s circular economy.

The qualifications for an applicant to be eligible to receive grant funding as a result of this RFA include:

• Licensed to do business in Washington or submit a statement of commitment that applicant will become licensed in Washington within thirty (30) calendar days of being selected as the Apparent

Successful Applicant;

• Project is aligned with the goals of the Climate Commitment Act as outlined in RCW 70A.65.260;

• The lead applicant’s entity has been established for a minimum of six (6) months;

• Project team has demonstrated experience in:

1) Project management and technical processes in a key industry sector - Applicant to provide example(s) and details;

2) Waste management best practices, circular market development, innovation research, or designing for sustainable systems - Applicant to provide example(s) and details;

3) Prior experience launching new organizations or scaling growth of existing organizations is preferred but not required – Applicant to provide example(s) and details if applicable.

https://doh.wa.gov/data-and-statistical-reports/washington-tracking-network-wtn/washington-environmental-health-disparities-map https://doh.wa.gov/data-and-statistical-reports/washington-tracking-network-wtn/washington-environmental-health-disparities-map https://ofm.wa.gov/budget/budget-related-information/environmental-justice-and-heal-act/identifying-overburdened-communities-heal-cca-investments https://ofm.wa.gov/budget/budget-related-information/environmental-justice-and-heal-act/identifying-overburdened-communities-heal-cca-investments https://app.leg.wa.gov/RCW/default.aspx?cite=70A.65.260

Applications that do not clearly meet these qualifications will be considered non-responsive and will not be evaluated.

1.4 FUNDING

COMMERCE plans to award approximately $2,425,000 through multiple contracts as a result of this RFA:

• Applicants should request funding within the award range of $40,000 up to $500,000.

Commerce has the discretion to allocate funding among multiple awards, in a manner to best meet program goals.

• COMMERCE plans to award up to, but no more than, two (2) grant awards for apparent successful application proposals that fall within the smaller scale funding level between $40,000 to $150,000.

The remaining funding will be awarded to those apparent successful proposals that are above the

$150,000 funding level.

• Applications with a funding request more than the maximum award amount of $500,000 or below the minimum award amount of $40,000 will be considered non-responsive and will not be evaluated.

• Awards are allocated subject to the criteria from RCW 43.31.635 as noted in section 1.2 of this

RFA.

Matching Funds: grant awarded projects are required to provide matching funds from non-state sources at a one-to-one (1:1) funding ratio (RCW 43.31.635). Matching funds do not need to be secured at the time of application but must be secured prior to a contract with COMMERCE being fully executed.

Applications should include proposed details to meet the match funding requirement.

Eligible sources for match funding are subject to contract negotiations and state contracting rules. These sources can include but are not limited to:

• Non-state sourced funds

• Direct investment cash funds

• In-kind contribution (limits apply)

Funding awarded to apparent successful applicants is subject to contract negotiations and state contracting rules.

Awards from this RFA are contingent on the availability of funds. In the event additional funding is identified for the Industrial Symbiosis Grant Program, Commerce may grant additional awards from the submitted applications. Additional funding is not guaranteed.

USE OF GRANT FUNDS:

Eligible activities may include, but are not limited to, the following expenses:

• Phases of planning, pre-design, design and construction activities

• Project site preparation and permitting costs

• Facility site improvements – i.e. HVAC, water systems, heating systems, etc

• Legal costs associated with the project scope

• Staff and labor time costs directly related to coordinating and delivering a project

All eligible expenses must be pre-approved in the contract negotiation process.

Ineligible activities covered by this RFA’s grant funding may include, but is not limited to, the following expenses:

• International travel - *NOTE: all travel included in grant and match funding must comply with government per diem rates (found here http://www.gsa.gov/ and here https://ofm.wa.gov/accounting/travel/). Any travel outside of Washington state must be directly tied to the proposed project’s scope of work.

• Predetermined indirect cost rate percentage (%) - for ongoing general expenses that cannot be identified or tracked to a single activity, deliverable, project, or contract. *NOTE: Applicants are to submit an estimated comprehensive project budget. Administrative expenses directly tied to proposed projects are program and contract specific and negotiated during the contracting process.

• Consumable supplies and expendable materials. Examples include: office, janitorial and chemical supplies, and laboratory glassware.

• Expenses for routine maintenance work necessary to keep a facility or asset in useful condition.

1.5 PERIOD OF PERFORMANCE

The period of performance of any contract(s) resulting from this RFA is tentatively scheduled to begin on the date of contract execution and to end at the completion of the proposed timeline/project deliverables scope, or no later than June 30, 2027. Contracts are not considered executed until both COMMERCE and the awarded organization have provided their signatures. Work conducted before final contract execution, or occurs after the performance end date, will not be covered by this grant funding. COMMERCE reserves the option at its sole discretion to extend the contract for two additional one-year periods (subject to state budget reappropriation policies). Commerce reserves the right to amend or terminate a contract and redistribute award funding prior to June 30, 2027.

1.6 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. Applicants should familiarize themselves with the requirements prior to submitting a proposal that includes current or former state employees.

1.7 DEFINITIONS

Definitions for the purposes of this RFA include:

Industrial Symbiosis Park: Shared site/property where organizations co-locate and partner in using resources more sustainably through integrating waste streams into production processes such as waste materials, wastewater, or waste heat.

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.

http://www.gsa.gov/ https://ofm.wa.gov/accounting/travel/

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.

Request for Applications (RFA): Formal procurement document in which needed services are identified and entities are invited to submit their Application to provide those services; this procurement document.

1.8 ADA

COMMERCE complies with the Americans with Disabilities Act (ADA). Applicants may contact the RFA

Coordinator to receive this Request for Qualifications and Quotations in Braille or on tape.

2 GENERAL INFORMATION

2.1 RFA COORDINATOR

The RFA Coordinator is the sole point of contact in COMMERCE for this RFA. All communication between

Applicants and COMMERCE upon release of this RFA shall be with the RFA Coordinator, as follows:

Name Serena Grimes

E-Mail Address OEDCProcurement@Commerce.wa.gov

Division Office of Economic Development and Competitiveness

Any other communication will be considered unofficial and non-binding on COMMERCE. Communication regarding applications that is directed to parties other than the RFA Coordinator may result in disqualification.

2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Applications Tuesday, November 25, 2025

Applicants’ Conference Monday, December 8, 2025 at 1:00pm PT

Question & answer period Tuesday, November 25, 2025 – Friday, December 12, 2025

Answers issued no later than Tuesday, December 16, 2025

Applications due Tuesday, January 20, 2026 at 4:00pm PT

Evaluations Monday, January 26, 2026 – Monday, February

9, 2026

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

Applicants

Thursday, February 12, 2026

Hold debriefing conferences (if requested) Friday, February 13, 2026 – Thursday, February

19, 2026

Negotiate contract Friday, February 13, 2026 – Friday, February

27, 2026

Earliest date contract may be signed/contract execution Monday, March 2, 2026

COMMERCE reserves the right to revise the above schedule. Project scope work cannot begin before contract execution.

2.3 APPLICANTS’ CONFERENCE

Applicants are invited to attend an information conference to be held on Monday, December 8, 2025 at

1:00pm PT. The conference will be held only virtually on Microsoft Teams. All prospective Applicants are encouraged attend; however, attendance is not mandatory.

Microsoft Teams Need help?

Join the meeting now

Meeting ID: 241 809 042 943 42

Passcode: kA7oM92K

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 that has made the RFA Coordinator aware of their interest in this RFA. The questions and answers will also be posted on the Commerce program website.

2.4 QUESTION AND ANSWER PERIOD

COMMERCE will accept questions about this RFA sent to the RFA Coordinator at the email address listed in Section 2.1 during this period. Questions should not identify the submitting person or organization.

COMMERCE will answer all questions in a general question & answer document, free from individual identifiers, and posted no later than the date identified in Section 2.2.

2.5 SUBMISSION OF RESPONSES

ELECTRONIC RESPONSES: Applications must be received by the RFA Coordinator no later than 4:00 pm PT, on January 20, 2026.

Applications must be submitted electronically through the online application portal (via Smartsheet form https://app.smartsheet.com/b/form/019abc94e7c976fc9fe5e2eb7911e962).

Additional files should be attached/submitted in PDF format. Zipped files cannot be received by

COMMERCE and cannot be used for submission of Applications. The Certifications and Assurances form must have a signature of the individual within the organization authorized to bind the organization to the offer. COMMERCE does not assume responsibility for problems with non-COMMERCE e-mail or transmission portals. If COMMERCE email or portal platform 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’s email or portals found to be at fault. All Applications and any accompanying documentation become the property of COMMERCE and will not be returned. Any information received as a result of this RFA may be collected and considered for continuous improvement purposes.

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Applications submitted in response to this competitive procurement shall become the property of

COMMERCE. All Applications received shall remain confidential until the Apparent Successful Bidder is https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2I3ZjJmNzktMDQwYy00MjA3LWJmM2MtOWY4Y2NiZWJiYmIz%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%2297811a98-8e92-4d40-9188-a087e64df11d%22%7d https://choosewashingtonstate.com/why-washington/our-key-sectors/industrial-symbiosis/ https://app.smartsheet.com/b/form/019abc94e7c976fc9fe5e2eb7911e962 announced; thereafter, the Applications shall be deemed public records as defined in Chapter 42.56 of the

Revised Code of Washington (RCW).

Any information in the Application that the Applicant desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Applicant is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right hand corner of the page. Marking the entire Application exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Applicant has marked as "Proprietary

Information" COMMERCE will notify the Applicant of the request and of the date that the records will be released to the requester unless the Applicant obtains a court order enjoining that disclosure. If the

Applicant fails to obtain the court order enjoining disclosure, COMMERCE will release the requested information on the date specified. If an Applicant obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, COMMERCE shall maintain the confidentiality of the Applicant's information per the court order.

A charge will be made for copying and shipping, as outlined in RCW 42.56. No fee shall be charged for inspection of contract files, but twenty-four (24) hours’ notice to the RFA Coordinator is required. All requests for information should be directed to the RFA Coordinator.

2.7 REVISIONS TO THE RFA

In the event it becomes necessary to revise any part of this RFA, addenda will be provided via e-mail to all individuals who have made the RFA Coordinator aware of their interest. Addenda is also published on

Washington’s Electronic Business Solution (WEBS), located at https://fortress.wa.gov/ga/webs/. Such addenda will also be published anywhere the RFA is posted, including on COMMERCE’S public webpage, located at https://www.commerce.wa.gov/contracting/.

You may also send your name and e-mail address to the RFA Coordinator to request to receive any RFA addenda.

COMMERCE also reserves the right to cancel or to reissue the RFA in whole or in part, prior to execution of a contract.

2.8 ACCEPTANCE PERIOD

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

Applications.

2.9 COMPLAINT PROCESS

Vendors may submit a complaint to COMMERCE based on any of following:

a) The solicitation unnecessarily restricts competition;

b) The solicitation evaluation or scoring process is unfair; or

c) The solicitation requirements are inadequate or insufficient to prepare an Application.

https://fortress.wa.gov/ga/webs/ https://www.commerce.wa.gov/contracting/

A complaint may be submitted to COMMERCE at any time prior to 5 days before the bid response deadline.

The complaint must meet the following requirements:

a) The complaint must be in writing;

b) The complaint must be sent to the RFA coordinator in a timely manner;

c) The complaint should clearly articulate the basis for the complaint; and

d) The complaint should include a proposed remedy.

The RFA coordinator will respond to the complaint in writing. The response to the complaint and any changes to the solicitation will be posted on WEBS. The Director of COMMERCE will be notified of all complaints and will be provided a copy of COMMERCE’S response. The complaint may not be raised again during the protest period. COMMERCE’S action or inaction in response to the complaint will be final. There is no appeal process.

2.10 RESPONSIVENESS

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

Disqualified Applicants will be notified at or about the time of review and prior to the evaluation process.

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

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

2.11 MOST FAVORABLE TERMS

COMMERCE reserves the right to make an award without further discussion of the Application submitted.

Therefore, the Application should be submitted initially on the most favorable terms which the Applicant can propose. COMMERCE reserves the right to contact an Applicant for clarification of its Application.

The Applicant should be prepared to accept this RFA for incorporation into a contract resulting from this

RFA. Contract negotiations may incorporate some, or all, of the Applicant’s Application. It is understood that the Application will become a part of the official procurement file on this matter without obligation to

COMMERCE.

2.12 CONTRACT AND GENERAL TERMS & CONDITIONS

The Apparent Successful Applicant will be expected to enter into a contract which is substantially the same as the sample contract and its general terms and conditions attached as Exhibit D. 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.

PREVAILING WAGE LAW

Depending on the project specifics, Washington’s prevailing wage requirements in RCW 39.12 may apply including for local public projects and contractors. Applicant can also review section 28 in the

Contract Example (attached as Exhibit D)

HISTORICAL OR CULTURAL ARTIFACTS

https://app.leg.wa.gov/RCW/default.aspx?cite=39.12 https://intracom.com.wa.lcl/Divisions-teams/ASD/Documents/State%20Funded%20Capital%20Contract%20Template.docx?web=1

Depending on the project specifics, Washington’s requirements of the Governor’s Executive Order

21-02 may apply including for new construction projects. Applicant can also review section 6 of the

Contract Example (attached as Exhibit D).

2.13 COSTS TO PROPOSE

COMMERCE will not be liable for any costs incurred by the Applicant in preparation of an Application submitted in response to this RFA, in conduct of a presentation, or any other activities related to responding to this RFA.

2.14 NO OBLIGATION TO CONTRACT

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

2.15 REJECTION OF RESPONSES

COMMERCE reserves the right at its sole discretion to reject any and all Applications received without penalty and not to issue a contract as a result of this RFA.

2.16 COMMITMENT OF FUNDS

The Director of COMMERCE or the Director’s delegate are the only individuals who may legally commit

COMMERCE to the expenditures of funds for a contract resulting from this RFA. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

2.17 ELECTRONIC PAYMENT

The state of Washington prefers to utilize electronic payment in its transactions. The successful Applicant must have or obtain a Statewide Vendor Number (SWV) from the Office of Financial Management (OFM) to be paid by COMMERCE. For more information visit OFM at www.ofm.wa.gov.

2.18 INSURANCE COVERAGE

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

3 RESPONSE CONTENTS

ELECTRONIC RESPONSES: Applications must be written in English and submitted electronically via the online portal to the RFA Coordinator.

Online application link: https://app.smartsheet.com/b/form/019abc94e7c976fc9fe5e2eb7911e962

This application uses Smartsheet questions to field applications. Additional documentation should be provided in the order noted below:

https://governor.wa.gov/sites/default/files/exe_order/eo_21-02.pdf https://governor.wa.gov/sites/default/files/exe_order/eo_21-02.pdf https://intracom.com.wa.lcl/Divisions-teams/ASD/Documents/State%20Funded%20Capital%20Contract%20Template.docx?web=1 http://www.ofm.wa.gov/

1. Project Budget

2. Match Funding Plan

3. Letter of intent/memorandum of understanding/Land Use Zoning or Regulatory Permits (if applicable)

4. Certifications and Assurances (Exhibit A)

5. Diverse Business Inclusion Plan (Exhibit B)

6. Workers’ Rights Certification (Exhibit C)

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

Applicant in preparing a thorough response.

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

3.1 PROJECT BUDGET (MANDATORY)

Include a detailed budget which aligns with the requested grant amount and (not to exceed the maximum award amount in Section 1.4).

3.2 MATCH FUNDING PLAN (MANDATORY)

3.3 LETTER OF INTENT/MEMORANDUM OF UNDERSTANDING/LAND USE ZONING/PERMITS (IF

APPLICABLE)

3.4 CERTIFICATIONS AND ASSURANCES (MANDATORY)

The Certifications and Assurances form (Exhibit A) must be signed and dated by a person authorized to legally bind the Applicant to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Those wishing to submit any proposed contract edits must indicate so on this form (see Section 2.12).

3.5 APPLICANT INFORMATION (SCORED)

The Applicant information (Smartsheet portal) must completed in its entirety. If any question or section does not apply, please enter “N/A” or “None”.

3.6 DIVERSE BUSINESS INCLUSION PLAN (MANDATORY)

The Diverse Business Inclusion Plan (Exhibit B) is a communication tool allowing Applicants to inform

COMMERCE if diverse business will be involved in the contract if awarded. Participation includes directly

(the Applicant) and indirectly, such as any subcontractors or subgrantees who might carry out services chargeable to the contract. In accordance with legislative findings and policies set forth in RCW 39.19, the state of Washington encourages participation in all contracts by firms certified by the office of Minority and

Women’s Business Enterprises (OMWBE), set forth in RCW 43.60A.200 for firms certified by the

Washington State Department of Veterans Affairs, and set forth in RCW 39.26.005 for firms that are

Washington Small Businesses. No minimum level of minority- and women-owned business enterprise

(MWBE), Washington Small Business, or Washington State certified Veteran Business participation is required as a condition for receiving an award. Any affirmative action requirements set forth in any federal rules included or referenced in the contract documents will apply.

3.7 WORKERS’ RIGHTS CERTIFICATION (MANDATORY)

The Workers’ Rights Certification (Exhibit C) must be signed and dated as described in Section 3.1.

Some employers require their employees to waive certain rights. While this is legally permitted, the

Washington Governor’s Office considers it a harmful and disfavored practice. Executive Order 18-03 requires all state agencies to award bonus points in competitive processes to increase contracting with employers that do not require their employees to sign an individual arbitration clause or waiver of collective or class action. Those Applicants which certify they do not require their employees to waive such rights as a condition of employment will receive an extra 5% of their awarded points added to their final score.

4 EVALUATION AND CONTRACT AWARD

4.1 EVALUATION PROCEDURE

Complete and responsive Applications will be evaluated strictly in accordance with the requirements stated in this RFA and any addenda issued. The evaluation of Applications will be accomplished by an evaluation team to be designated by COMMERCE, which will determine the ranking of the Applications.

4.2 CLARIFICATION OF RESPONSE

The RFA Coordinator may contact Applicants for clarification of any portion of the Applicant’s Application.

Submission or alteration of any materials after the due date is prohibited.

4.3 EVALUATION AND SCORING

The RFA Coordinator will review all applications to ensure the minimum criteria has been met to be considered for funding. An evaluation committee will score the eligible applications based on the information provided by the Applicant and the quality of answers to the written questionnaire portion of the application.

The following criteria will be used to rank applications:

8 - 10 points = ABOVE AVERAGE quality response with indication of excellent project performance

4 - 7 points = AVERAGE quality response with indication of minimum project performance

0 - 3 points = BELOW AVERAGE quality response with indication of poor project performance

Project Proposal Points

Grant program alignment as outlined in RCW 43.31.635

10 points possible

Project management approach and technical design

Project team structure, experience, and qualifications

Project readiness and proposed timeline

Project feasibility and risk evaluation

Proposed plan/details to meet match funding requirements

Impacts and Outcomes Points

Overview of environmental benefits related to project

Overview of economic benefits related to project

10 points possible

Description of specific community solution(s) related to project

10 points possible

Special consideration: Proposed project meets at least one criterion (as outlined in Section 1.2 of RFA) to facilitate the development of industrial symbiosis parks

+10 points possible

While special consideration will be given to project applications which focus on the formation of industrial symbiosis parks, COMMERCE will allocate grant awards to reflect geographic diversity as directed in RCW

43.31.635 and noted in section 1.2 of this RFA.

Additionally, those organizations which certify they do not require their employees to sign an individual arbitration clause as a condition of employment will receive an extra 5% of their awarded points added to their final score (see Exhibit D).

COMMERCE reserves the right to make award decisions regardless of score, based on alignment with program objectives, and in the determined best interest of the state.

4.4 VIRTUAL PRESENTATIONS MAY BE REQUIRED

COMMERCE, at its sole discretion, may select the top-scoring Applicant(s) from the written evaluation for a virtual presentation. If so, COMMERCE will contact the top-scoring Applicant(s) to schedule a date and time to meet on a platform such as Zoom or Microsoft Teams. Commitments made by the Applicant at the virtual presentation, if any, will be considered binding.

If held, the virtual presentation shall determine the Apparent Successful Applicant(s).

4.5 NOTIFICATION TO APPLICANTS

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

4.6 DEBRIEFING OF UNSUCCESSFUL APPLICANTS

Upon request, a debriefing conference will be scheduled with an unsuccessful Applicant. The request for a debriefing conference must be received by the RFA Coordinator within three (3) business days after the

Notification of Unsuccessful Applicant notice is emailed to the Applicant. The debriefing must be scheduled within three (3) business days of the request.

Discussion at the debriefing conference is strictly limited to the following:

• Evaluation and scoring of that organization’s Application;

• Any written comments from evaluators related to that Applicant;

• Review of their final score in comparison with the other final scores without identifying the other participants or reviewing their Applications.

Comparisons between proposals or evaluations of the other proposals is not allowed. Debriefing conferences may be conducted on the telephone or by other electronic means and will be scheduled for a maximum of thirty (30) minutes. COMMERCE reserves the right to end a debriefing for any reason.

4.7 PROTEST PROCEDURE

This procedure is available to Applicants who submitted an Application in response to this RFA document and who have participated in a debriefing conference. Upon completing the debriefing conference, the

Applicant is allowed five (5) business days to file a protest of the RFA process with the RFA Coordinator.

Protests must be received by the RFA Coordinator no later than 5:00pm Pacific time on the fifth business day following the debriefing. Protests must be submitted by email. Applicants may choose to copy

COMMERCE’S Central Contracts Office at centralcontracts@commerce.wa.gov. Do not copy any other

COMMERCE staff.

Anyone protesting this procurement must follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available under this RFA.

All protests must be in writing and signed by the protesting party or an authorized agent. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the RFA Coordinator.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

• A matter of bias, discrimination or conflict of interest on the part of the evaluator

• Errors in computing the score

• Non-compliance with procedures described in this procurement document or current COMMERCE policy

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) An evaluator’s professional judgment on or assessment of the quality of an Application, or 2) COMMERCE’S assessment of its own and/or other agencies’ needs or requirements.

Scores received are not a valid basis of protest and will be dismissed as without merit unless included with facts supporting bias, discrimination, or conflict of interest on the part of an evaluator.

Upon receipt of a protest, a protest review will be held by COMMERCE. COMMERCE’S Chief Contracts

Officer, or other employee delegated by the Director who was not involved in the award process, will consider the record and all available facts and issue a decision within ten (10) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

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.

mailto:centralcontracts@commerce.wa.gov

RFA EXHIBITS

Exhibit A Certifications and Assurances Exhibit B Diverse Business Inclusion Plan Exhibit C Workers’ Rights Certification Exhibit D Example Grant Contract including General Terms and Conditions Exhibit E RCW 43.31.625 Industrial Waste Coordination Program Exhibit F RCW 43.31.635 Industrial Symbiosis Grant Program

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

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 C

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: 2025-27 ISP

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…