Request for Applications (07.26) 26-49301-002.pdf

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR APPLICATIONS (RFA)

RFA NO. 26-49301-002

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. If you download this RFA from the Department of Commerce website, or any source other than the Washington Electronic Business Solution (WEBS) website, you are responsible for sending your name and e-mail address to the RFA Coordinator for your organization to receive any RFA amendments or question and answer documents.

PROJECT TITLE: HUD811 Project Rental Assistance (PRA) Program

RESPONSE DUE DATE: 5:00pm, Pacific Time, Tuesday August 19, 2026

EXPECTED TIME PERIOD FOR CONTRACT: Rental Assistant Contracts (RAC) are executed for a period of 20 years with initial funding for five years. Funding beyond the first 5 years is subject to additional Congressional appropriations. Contracts are typically issued within 6 months of project lease up but will be issued no sooner than October 21st 2026.

CONTRACTOR ELIGIBILITY: This application process is tribal eligible opportunity and is open to those entities which satisfy the minimum qualifications stated herein and are available for work in Washington.

Please note, Commerce intends to establish new 811 units across Washington. However, projects proposed in Cowlitz, Kitsap, Pierce, Skagit, Snohomish and Whatcom counties currently underserved by 811, will receive additional priority points during this funding round.

FUNDING SOURCE AND METHOD: This is Federal funding. Rent payments will be made monthly on or around the first of the month.

CONTENTS OF THE REQUEST FOR APPLICATIONS:

1. Introduction

2. General Information

3. Application Contents

4. Evaluation and Award

5. Exhibits

Contents

1 INTRODUCTION 3

1.1 PURPOSE AND BACKGROUND 3

1.2 OBJECTIVES 3

1.3 MINIMUM QUALIFICATIONS 4

1.4 FUNDING 4

1.5 PERIOD OF PERFORMANCE 5

1.6 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES 5

1.7 DEFINITIONS 5

1.8 ADA 7

2 GENERAL INFORMATION 8

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 11

2.14 NO OBLIGATION TO CONTRACT 11

2.15 REJECTION OF RESPONSES 11

2.16 COMMITMENT OF FUNDS 11

2.17 ELECTRONIC PAYMENT 12

2.18 INSURANCE COVERAGE 12

3 RESPONSE CONTENTS 13

3.1 CERTIFICATIONS AND ASSURANCES (MANDATORY) 13

3.2 811 APPLICATION WORKBOOK (SCORED) (MANDATORY) 13

3.3 DIVERSE BUSINESS INCLUSION PLAN (MANDATORY) 14

3.4 WORKERS’ RIGHTS CERTIFICATION (MANDATORY) 14

4 EVALUATION AND CONTRACT AWARD 15

4.1 EVALUATION PROCEDURE 15

4.2 CLARIFICATION OF RESPONSE 15

4.3 EVALUATION AND SCORING 15

4.4 VIRTUAL PRESENTATIONS MAY BE REQUIRED 16

4.5 NOTIFICATION TO APPLICANTS 16

4.6 DEBRIEFING OF UNSUCCESSFUL APPLICANTS 16

4.7 PROTEST PROCEDURE 16

RFA Exhibits:

Exhibit A Certifications and Assurances

Exhibit B 811 Application Workbook

Exhibit C Diverse Business Inclusion Plan

Exhibit D Workers’ Rights Certification

Exhibit E Example Rental Assistance Contract Documents- ARAC, RAC parts 1 & 2, Use Agreement

Exhibit F Pre-Bidder’s Webinar Link/Recording

Exhibit G Questions and Answers Document

Exhibit H Program Documents-Program Guidelines, Affirmative Marketing Plan, etc.

https://deptofcommerce.box.com/s/mdyu2c6kowyhyc4gzcrwdz6x48hsakgf https://deptofcommerce.box.com/s/rf116kvk6h3ov37how9ga3t4s2p6th3z https://deptofcommerce.box.com/s/ydojb2lu1us16eyey3n40pwfho29kpol https://deptofcommerce.box.com/s/vjolkluclhjb4x7g0s5gsoj4sjhofdjr https://deptofcommerce.box.com/s/7r94wrphqf1b0mmaw8js7yro3qf7sytx https://teams.microsoft.com/l/meetup-join/19%3ameeting_OTY3NjE3ZjYtYzlmNi00NjE5LTkxZDItNTRlMTQxZTRiMmM4%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%22f61ef6d1-eda4-4f0a-b4f4-41c37b764bb7%22%7d https://deptofcommerce.box.com/s/c6b85ut3mhvyq5s1uh8puy925yrld8pj https://deptofcommerce.box.com/s/mycl3hftfqbe8d7tgusv275opvq1lt82

1 INTRODUCTION

1.1 PURPOSE AND BACKGROUND

The Washington Department of Commerce, hereafter called "COMMERCE,” is initiating this Request for Applications (RFA) to solicit Proposals from those qualified and interested in grant funding to provide units within a multi-family housing project that are designated to serve the target population through the 811 project-based rent assistance (PRA) program. Project-based rental assistance fills the gap between the tenant’s rent share and the approved rent amount for a designated unit.

Commerce received two 811 PRA grants of $6.4 million and $8 million respectively, as authorized under the Frank Melville Supportive Housing Investment Act of 2010, and awarded by the U.S. Department of Housing and Urban Development (HUD) in September 2021 and September 2024. The purpose of these grants are to provide project-based rental assistance in the development of supportive housing for extremely low income, non-elderly, persons with disabilities and their households. Initial funding for 811 PRA units will be provided for a period of five years with annual renewals thereafter based upon Congressional appropriations.

Section 811 PRA will serve individuals with incomes at or below 30% of the Area Median income (AMI) who are receiving or are eligible to receive Medicaid. These individuals will be non-elderly (18-61 years of age), disabled, and receiving long-term care services and supports provided through DSHS Aging and Long-Term Supports Administration (ALTSA). These individuals will include:

Individuals receiving Long Term Services and Supports at the DSHS Aging and Long-Term Services Administration.

Individuals with developmental disabilities served through the Developmental Disabilities Division at the Washington State Department of Social and Health Services.

Individuals with mental illnesses served through the Division of Behavioral Health and Recovery at the Washington State Health Care Authority.

The target population may be further narrowed for a project with a preference that includes veterans, homeless, etc., but units with age requirements or preferences such as 55+ years and those with more than 25% of the total units with eligibility or use restrictions for individuals with disabling conditions (including Permanent Supportive Housing units) will not qualify.

Learn More about HUD811

Washington State Section 811 Webpage HUD Section 811 Program Description HUD Section 811 Portal

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

1.2 OBJECTIVES

Section 811 PRA is designed to provide decent, safe and sanitary rental units to eligible participants.

Successful applicants must agree to record a use Agreement for not less than 30 years in which the owner will make the approved number of units available to eligible tenants for occupancy. In addition, successful applicants will:

Screen and select eligible tenants based on the approved tenant selection plan for Washington

State 811 PRA units.

Perform all management and maintenance functions in a manner congruent with the program guidelines.

Comply with all applicable state and local laws, codes, ordinances and regulations and ensure that all assisted units meet minimum Uniform Physical Condition Standards and accessibility requirements.

Perform all required financial and compliance duties including determining eligibility for 811 PRA, calculating client rent subsidy amount, maintaining required tenant records, submitting monthly https://www.dshs.wa.gov/altsa https://www.dshs.wa.gov/altsa https://www.dshs.wa.gov/dda https://www.dshs.wa.gov/dda https://www.dshs.wa.gov/ https://www.hca.wa.gov/health-care-services-and-supports/behavioral-health-and-recovery https://www.hca.wa.gov/health-care-services-and-supports/behavioral-health-and-recovery https://www.hca.wa.gov/ https://www.commerce.wa.gov/serving-communities/homelessness/hud-section-811-rental-assistance/ https://www.hud.gov/program_offices/housing/mfh/progdesc/disab811 https://www.hud.gov/program_offices/housing/mfh/grants/section811ptl payment requests and adjustments, providing Commerce with annual financial audits and submitting annual rent increase adjustments.

Attend scheduled 811 Peer calls, TA meetings, and trainings.

If awarded, allowable use of funds is exclusively Project Rental assistance payments for eligible tenants in approved units. No capital expenses are allowable under this funding opportunity. Costs relating to acquisition, rehabilitation, construction, or any capital improvements are prohibited.

1.3 MINIMUM QUALIFICATIONS

Minimum qualifications include:

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

Eligible applicants are owners or managers of multifamily housing projects as outlined below.

Eligible Multifamily housing projects can be any new or existing property owned by a non-profit, public, tribal or private entity. This includes property owned by Federally Recognized Tribal Governments.

Eligible multifamily housing projects Must Have Capital Financing Commitments by the Washington State Housing Trust Fund, HOME, Washington State Low Income Housing Tax Credit (LIHTC) program, WSHFC Multifamily Bond program, USDA – Rural Development, and/or any federal, state or local government program.

Eligible multifamily housing projects cannot include Section 811 and Section 202 Capital Advances to finance their properties.

Eligible multifamily housing projects with existing use restrictions for persons with disabilities are only eligible if 811 PRA funds are being used to support other units in the building without such restrictions*.

Eligible multifamily housing projects may include no more than 25% of total units that meet any of the following criteria: No more than 25% of the total units within an approved Section 811 PRA project may o Be funded with Section 811 PRA funds.

o Be used for supportive housing for persons with disabilities (including Permanent

Supportive Housing [PSH] units); or o Have any occupancy preference for persons with disabilities. **

Eligible multifamily housing projects must meet Environmental Requirements (PRA.215), Housing Standards for Assisted Units (PRA.307), and all other use requirements found in the Program Guidelines prior to entering into a rental assistance contract

*The objective of HUD is to expand the inventory of units available to persons with disabilities and not just add subsidy to existing units with these preferences.*

** For housing that is not currently under contract/developed, occupancy preferences for persons with disabilities do not count toward the 25 percent restriction. (Use restrictions or eligibility restrictions do count).**

Applications which do not clearly meet or exceed these minimum qualifications will be rejected as non-responsive and will not receive further consideration. Any Application that is rejected as non-responsive will not be evaluated or scored.

1.4 FUNDING

Commerce will award up to a maximum of $7.1 Mil in contracts through this RFA. Awards may vary by project but will not exceed the need as determined by a review of fiscal and other components as outlined by HUD and Commerce. Awards may be adjusted to align with these components. In the event additional funding becomes available, any contract in which the award does not meet the determined need may be amended to provide additional funding. Additional funding is not guaranteed.

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

1.5 PERIOD OF PERFORMANCE

The period of performance of any contract(s) resulting from this RFA is 20 years from the date the contract is executed. The earliest the contracts can begin is on or about October 21st, 2026. However, contracts will not be executed until the project is ready to be placed in service and all required reviews are completed. COMMERCE reserves the option at its sole discretion to extend the contract according to the 811 Program Guidelines, Cooperative Agreement and Rental Assistance Contracts.

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:

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 or Grantee: 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.

Assisted Unit: A rentall unit made available to or occupied by Eligible Tenants in Eligible Multifamily Properties receiving assistance under 42 U.S.C. § 8013(b)(3)(A).

COMMERCE: The Department of Commerce is the agency of the state of Washington that is issuing this RFA.

Contract: A written, legally binding agreement to perform the services proposed, also called a Grant or Interagency Agreement.

Decent, Safe, and Sanitary: Such housing that meets the physical condition requirements of 24 C.F.R.

part 5, subpart G or updated guidance from HUD.

Eligible Multifamily Properties: Any new or existing property owned by a nonprofit, public or a private entity with at least 5 housing units. Eligible Multifamily Properties include those owned by Federally- Recognized Tribal Governments and Tribal entities that meet the following:

Financing commitments have been made and include at least one of the following:

(i) LIHTC under Section 42 of the Internal Revenue Service Code of 1986 (IRC); or

(ii) assistance under the HOME Investment Partnerships Act (HOME); or

(iii) assistance under any federal agency or any state or local government program.

Development costs, if any, are paid with other public or private resources.

Section 811 and Section 202 Capital Advances may not be used.

Properties with existing use restrictions for persons with disabilities are not eligible, unless such PRA Demo Funds are being used to support other units in the building without such restrictions.

Existing units receiving any form of long-term operating housing subsidy, such as assistance under Section 8, within a six-month period prior to receiving Project Rental Assistance Payments are ineligible to receive this assistance.

In addition, units with use agreements requiring housing for persons 62 or older would not be eligible to receive Project Rental Assistance Payments.

Eligible Tenants: An Extremely Low-Income Person with a Disability, between the ages of 18 and 62 at the time of admission, and Extremely Low Income Families, which includes at least one Person with a Disability, who is between the ages of 18 and 62 at the time of admission. The Person with Disabilities must be eligible for community-based, long-term services as provided through Medicaid waivers, Medicaid state plan options, state funded services or other appropriate services related to the target populations under the Inter-Agency Partnership Agreement.

Extremely Low Income: Annual income which does not exceed thirty percent of the median income for the area, as determined by HUD, with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than thirty percent of the median income for the area if HUD finds that such variations are necessary because of unusually high or low family incomes. HUD’s income exclusions, as defined under 24 C.F.R § 5.609, apply in determining income eligibility at the time of admission and in calculating the Eligible Tenant’s income during the interim/annual recertification stages.

Exhibit: Document attached to this RFA, also referred to as Attachment.

Owner: The nonprofit or for-profit entity which owns the Eligible Multifamily Property

Person with Disabilities: shall have the same meaning as defined under 42 U.S.C. §8013(k)(2) and shall also include the following, as found in 24 C.F.R. § 891.305:

A person who has a developmental disability, as defined in section 102(7) of the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6001(5)), i.e., if he or she has a severe chronic disability which:

(i) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(ii) Is manifested before the person attains age twenty-two;

(iii) Is likely to continue indefinitely;

(iv) Results in substantial functional limitation in three or more of the following areas of major life activity:

(a) Self-care;

(b) Receptive and expressive language;

(c) Learning;

(d) Mobility;

(e) Self-direction;

(f) Capacity for independent living;

(g) Economic self-sufficiency; and

(h) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated; or

A person with a chronic mental illness, i.e., a severe and persistent mental or emotional impairment that seriously limits his or her ability to live independently, and which impairment could be improved by more suitable housing conditions; or

A person infected with the human acquired immunodeficiency virus (HIV) and a person who suffers from alcoholism or drug addiction, provided they meet the definition of "person with disabilities” in 42 U.S.C. § 8013(k)(2).

A person whose sole impairment is a diagnosis of HIV positive or alcoholism or drug addiction (i.e., does not meet the qualifying criteria in section 811 (42 U.S.C. § 8013(k)(2)) will not be eligible for occupancy in an Assisted Unit.

Project Rental Assistance Payments (or Rental Assistance Payments): the payment made by the Commerce to the Owner, as provided in the Rental Assistance Contract. Where the Assisted Unit is leased to an Eligible Tenants, the payment is the difference between the Contract Rent and the Tenant Rent. An additional payment is made to or on behalf of the Eligible Tenant when the Utility Allowance is greater than the total tenant payment. A vacancy payment may be made to the owner when an Assisted Unit is vacant, in accordance with the Rental Assistance Contract and Program Requirements.

Rental Assistance Contract: the contract, as prescribed by HUD, between Commerce and the owner of the Eligible Multifamily Property which sets forth the rights and duties of the parties with respect to the Assisted Units in the Eligible Multifamily Property

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.

Target Population: the specific group or groups of Eligible Applicants and Tenants described in the Grantee’s Inter-Agency Partnership Agreement who are intended to be solely served or to be prioritized under the Grantee’s Program. Namely:

Non-elderly (18 to 61 years of age), disabled, receiving long-term care services and supports provided through and DSHS-Aging and Long Term Supports Administration (ALTSA).

Individuals/households will have incomes at or below 30% AMI (extremely low-income), and be receiving, and/or be eligible to receive Medicaid.

This includes individuals meeting the eligibility criteria for the Roads to Community Living (RCL) project funded through the federal Money Follows the Person (MFP) demonstration programs and the Foundational Community Supports program.

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 Athena Ayres

E-Mail Address 811admin@commerce.wa.gov

Any other communication will be considered unofficial and non-binding on COMMERCE. Applicants are to rely on written statements issued by the RFA Coordinator. Communication directed to parties other than the RFA Coordinator may result in disqualification.

2.2 ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Applications July 8th 2026

Applicants’ Conference July 15th 2026 at 10:00am

Applicants’ Conference- Tribal Participants Only July 15th 2026 at 2:30pm

Question & answer period July 8th -July 22nd , 2026

Answers issued no later than July 29th, 2026

Applications due August 19th, 2026, 5:00pm

Evaluation Aug 20th-Sep 11th , 2026

Conduct virtual presentations with finalists, if required Sep 14th-Sep 21st, 2026

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

Sep 22nd – Oct 6th, 2026

Hold debriefing conferences (if requested) Oct 7th- Oct 20th, 2026

Negotiate contract Oct 7th- Oct 20th, 2026

Earliest date contract may be signed October 21st, 2026

COMMERCE reserves the right to revise the above schedule.

2.3 APPLICANTS’ CONFERENCES

Two conferences will be held for this solicitation:

1) Applicant Conference- July 15th, at 10:00am, Pacific time. The conference will be virtual only on Microsoft Teams. You can access the meeting or the recording afterward by Join the meeting now Meeting ID: 282 736 923 997 672 Passcode: yv3xR9ND Dial in by phone +1 564- 999-2000,,389186642# United States, Olympia (833) 322-1218,,389186642# United States (Toll-free) Find a local number Phone conference ID: 389 186 642#All prospective Applicants are encouraged attend; however, attendance is not mandatory.

mailto:811admin@commerce.wa.gov https://teams.microsoft.com/meet/282736923997672?p=iv7CXtnkgCCpHGjUKZ https://teams.microsoft.com/meet/282736923997672?p=iv7CXtnkgCCpHGjUKZ

2) Tribal Participants Only - Applicant Conference – July 15th, 2026 at 2:30pm Pacific time.

Join the meeting now Meeting ID: 215 420 132 352 88 Passcode: Xw9Y4MU3 Dial in by phone +1 564-999-2000,,999237528# United States, Olympia

(833) 322-1218,,999237528# United States (Toll-free) Find a local number Phone conference ID: 999 237 528# This meeting will not be recorded.

All prospective Applicants are encouraged attend an Applicant’s Conference; however, attendance is not mandatory.

COMMERCE will be bound only to COMMERCE written answers to questions. Questions arising at the Applicants’ conference will be documented and answered in written form. A copy of the questions and answers will be posted here.

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 Q&A document posted here 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 5:00pm, Pacific Time, on August 19th, 2026.

Applications must be submitted electronically as an attachment to an e-mail to the RFA Coordinator, at the e-mail address listed in Section 2.1. As per the instructions on the Application Workbook, this must be submitted in Microsoft Excel format as an attachment to the submission email. Other attachments must be attached to the submission email and may be submitted in Microsoft Excel format, Microsoft Word format or PDF. Zipped files cannot be received by COMMERCE and cannot be used for submission of Applications. The Certifications and Assurances form must have 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. If COMMERCE email is not working, appropriate allowances will be made.

Applications may not be transmitted using facsimile transmission.

Applicants should allow sufficient time to ensure timely receipt of the Application by the RFA Coordinator. Late Applications will not be accepted and will be automatically disqualified from further consideration, unless COMMERCE e-mail is found to be at fault. All Applications and any accompanying documentation become the property of COMMERCE and will not be returned. 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 Applicant is announced; thereafter, the Applications shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW).

https://teams.microsoft.com/meet/21542013235288?p=4LHI56jNRw68VyvK0Z tel:+15649992000,,999237528 tel:+15649992000,,999237528 tel:8333221218,,999237528 https://dialin.teams.microsoft.com/811a9140-4f87-4b3b-b4e5-c0df12d33f3f?id=999237528

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/ and COMMERCE’S public Office of Tribal Relations webpage, located at https://www.commerce.wa.gov/otr/resources/.

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 90 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.

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.

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

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 after the announcement of the Apparently Successful Applicant(s).

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

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

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 E. In no event is an Applicant to submit its own standard contract terms and conditions in response to this solicitation.

The Applicant may submit proposed edits as allowed in the Certifications and Assurances section, Exhibit A to this RFA. COMMERCE will review requested edits and accept or reject the same at its sole discretion.

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)v from the Office of Financial Management (OFM) to be paid by COMMERCE. For more information visit the Statewide Vendor/Payee Services webpage at OFM at: https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services.

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.

https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services

3 RESPONSE CONTENTS

Applications must be written in English and submitted electronically to the RFA Coordinator including all completed forms noted below:

1. Certifications and Assurances (Exhibit A)

2. 811 Application Workbook (Exhibit B)

3. Diverse Business Inclusion Plan (Exhibit C)

4. Workers’ Rights Certification (Exhibit D)

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

As per the instructions in the workbook, the 811 Application Workbook must be submitted in Microsoft Excel format as an attachment to the submission email. Other attachments must be attached to the submission email and may be submitted in Microsoft Excel format, Microsoft Word format or PDF.

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 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).

3.2 811 APPLICATION WORKBOOK (SCORED) (MANDATORY)

The 811 Application Workbook (Exhibit B) must be completed in its entirety for each project you are submitting an application for. If any question or section does not apply, please enter “N/A” or “None”.

The application workbook is a 7-tab workbook with an optional survey in the 8th tab. The workbook must be submitted as one file in its original file format as an excel worksheet. Printed versions of the application workbook or other file formats (e.g., pdf) will not be accepted. Applications should be fully complete with no pertinent information missing.

Section 1- Submitter Information—Provide basic contact information for the individual completing the application or who to contact in case of questions or concerns. Missing information in this section may cause the application to be invalid.

Section 2- Owner Organization Information (Maximum Points: 15)—Provide information about the organization, its members, and its pertinent experience. Some cells in this section are required and missing information in these cells may cause the application to be invalid.

Section 3- Project Information (Maximum Points: 45)— Provide information about the project as it is or as it will be upon completion including how the project’s mission, goals, and procedures fit with the needs of the target population. Some cells in this section are required and missing information in these cells may cause the application to be invalid.

Section 4- Capital Funding and Allowable Units (Maximum Points: 0) — Provide information that helps determine eligibility for the 811 PRA program and the number of units that could potentially be funded. This section will be reviewed for whether the project meets eligibility criteria.

If the project does not meet eligibility criteria, it may be considered invalid.

Section 5- Requested Units (Maximum Points: 10) —Provide details about the number, type, and distribution of allowable units that you are requesting 811 PRA funding for. Some cells in this section are required and missing information in these cells may cause the application to be invalid.

Section 6- Implementation Plan (Maximum Points: 0)—Provide a detailed projection of implementation for 811 PRA units within the project. This section will be reviewed for whether implementation meets the time constraints of the award from the Federal Government. If projects do not meet these time constraints, the application may be considered invalid.

Section 7- Services and Amenities (Maximum Points: 5)—Provide information about on-site and local services and amenities available to tenants to help determine appropriate placement of 811 PRA units. This section will be reviewed to determine what level of amenities needed to support the target population are available.

Section 8- Feedback (Not Scored)—Provide feedback on the application process to improve future application processes and review submission instructions.

Top scoring applications will undergo additional review to ensure that the project and the requested number of units meet the needs of the target population.

3.3 DIVERSE BUSINESS INCLUSION PLAN (MANDATORY)

The Diverse Business Inclusion Plan (Exhibit C) is a communication tool allowing Applicants to inform COMMERCE if diverse business will be involved in the contract if awarded. Participation includes directly (the Applicant) and indirectly, such as any subcontractors or subgrantees who might carry out services chargeable to the contract. In accordance with legislative findings and policies set forth in RCW 39.19, the state of Washington encourages participation in all contracts by firms certified by the office of Minority and Women’s Business Enterprises (OMWBE), set forth in RCW 43.60A.200 for firms certified by the Washington State Department of Veterans Affairs, and set forth in RCW 39.26.005 for firms that are Washington Small Businesses. No minimum level of minority- and women-owned business enterprise (MWBE), Washington Small Business, or Washington State certified Veteran Business participation 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.

3.4 WORKERS’ RIGHTS CERTIFICATION (MANDATORY)

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

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

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 following weighting and points will be assigned for evaluation purposes:

Total Possible Points 75

Section One: Submitter Information 0

Section Two: Organizational Experience 15

Organizational experience with project-based rental assistance 5

Organizational experience with government funding 5

Organizational experience with similar programs and/or populations 5

Organizational Audit Findings Up to -3

Organizational Housing Discrimination Findings Up to -3

Section Three: Project Information 45

Prioritized Counties 10

Project Description 5

Project Mission and Vision 5

Project Operations 5

Anticipated Challenges 5

Property Management Plan 5

Turnover Contingency Plan 5

Low Barrier Application Process 5

Section Four: Capital Funding and Allowable Units 0

Section Five: Requested Units 10

Attributes of Requested Units 5

Unit Integration and Disbursement 5

Section Six: Implementation Plan 0

Section Seven: Services and Amenities 5

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).

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 will be considered alongside the application scoring and additional review process to 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 fifteen (15) 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.

mailto:centralcontracts@commerce.wa.gov

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:

o Correct the error(s) and re-evaluate all Applications o Reissue the solicitation document and begin a new process o 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.

5 RFA EXHIBITS

Exhibit A Certifications and Assurances

Exhibit B 811 Application Workbook

Exhibit C Diverse Business Inclusion Plan

Exhibit D Workers’ Rights Certification

Exhibit E Example Rental Assistance Contract Documents- ARAC, RAC parts 1 & 2, Use Agreement

Exhibit F Pre-Bidder’s Webinar Link/Recording

Exhibit G Questions and Answers Document

Exhibit H Program Documents-Program Guidelines, Affirmative Marketing Plan, etc.

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