Request for Applications - ICAP Cohort 3.docx

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR APPLICATIONS (RFA)

RFA NO. 2025 – ICAP3

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

PROJECT TITLE: Innovation Cluster Accelerator Program Cohort 3

RESPONSE DUE DATE: April 2, 2025 5:00 PM PST

EXPECTED TIME PERIOD FOR CONTRACT: April 2025 (upon execution of the contract) through June 30, 2025. *Commerce reserves the right to extend the contracts based on additional funding availability.

CONTRACTOR ELIGIBILITY: This procurement is open to those entities which satisfy the minimum qualifications stated herein and are available for work in Washington. We recognize clusters are at various stages, therefore the following groups may serve as prime applicant to support a cluster organization:

· Local Governments

· Federally Recognized Tribal Governments & Tribes Contracted Service Providers

· Public & Private Utilities

· Ports

· Associated Development Organizations

· For-Profit Entities

· Academic and Research Institutions

· Non-Profit Organizations

· State Agencies

FUNDING SOURCE AND METHOD: This is state funding through the Climate Commitment Act. Payments will be made on a deliverable’s basis.

CONTENTS OF THE REQUEST FOR APPLICATIONS:

1. Introduction

2. General Information

3. Application Contents

4. Evaluation and Award

5. Exhibits

Table of Contents

RFA Exhibits:

INTRODUCTION

PURPOSE AND BACKGROUND

“The Innovation Cluster Accelerator Program Cohort 3 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.”

The Washington State Department of Commerce, hereafter called “COMMERCE,” is initiating a Solicitation of Applications from industry-led consortia interested in participating in the a new accelerated cohort of the Innovation Cluster Accelerator Program (ICAP). ICAP is an economic development strategy to strengthen industry ecosystems and accelerate economic development.

There are approximately 7,000 innovation clusters worldwide. From Washington state’s first cohort of innovation clusters (http://icapwashingtonstate.org/cohort-1) to Canada’s Digital Supercluster (www.digitalsupercluster.ca) and the Queensland Robotics Cluster in Australia (www.qldrobo.org), clusters are increasingly used to grow existing industries, transform legacy industries and build entirely new industries. Around the world, government leaders and private industry executives look to innovation clusters to create trust-based collaboration platforms, speed up the pace of innovation, solve industry-level challenges and compete in new markets.

Our goal is to expand the program over the coming decade to:

· Establish Washington as a global leader in key industry sectors

· Support tech transfer and commercialization

· Accelerate new start-ups and scale-ups

· Grow businesses

· Create high-value jobs throughout Washington

· Increase export opportunities

· Increase and support diversity, equity, and inclusion in business ownership and workforce

Clusters go by many different names, including, but not limited to: Hubs, consortiums, economic engines, etc. A successful cluster will be industry-led.

OBJECTIVES

Available assistance includes, but is not limited to, the following types of activities:

Please include line items and a budget narrative for the following for the contract period: salaries (please indicate if inclusive of fringe benefits and/or federally approved indirect rate), supplies, equipment (i.e. computer, software subscription), subcontracted consultants, rent), any other necessary budget line items. We are not requiring a detailed personnel cost schedule at this time.

ICAP eligible expenses:

· Personnel costs, including indirect costs and fringe benefits

· Meeting expenses (Excluding food and scholarships)

· Supplies directly attributable to this contract

· Travel. Any travel outside Washington State would have to be justified and pre-approved.

· Projects: gap analyses, workforce programs, education programs, startup incubators, or other projects as approved by Commerce.

· Contractors. Indicate whether you plan to hire a contractor(s) to perform tasks. Since contractors must be procured following Commerce guidelines in a fair and open process, you may not name them.

Ineligible expenses include advertising, construction, scholarships, international travel.

Costs for anticipated subcontractors are to be broken out separately. Per state procurement regulations, subcontractors may not be identified in your proposal.

Commerce may approve other usages of funds. Contractor must have written approval from Commerce for usages of funds outside the above.

COMMERCE intends to award multiple contracts as a result of this RFA. There is approximately $19 million available through this grant program.

MINIMUM QUALIFICATIONS

Industry-led consortia/clusters that have a demonstrated commitment to building out a successful cluster. Cluster must have academic membership, and must submit a letter of commitment from a major university or community college within the state. Funding will be prioritized for clusters whom are industry-led.

Other Minimum qualifications include:

· Cluster must have a demonstrated commitment to reduce and mitigate impacts from greenhouse gases in overburdened communities, deploy renewable energy resources, increase energy efficiency or reduction, or other permissible uses pursuant to RCW 70A.65.260.

· 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 an Apparently Successful Contractor.

· Demonstrated experience working in Washington State and with communities, businesses, and other Washington State organizations

· Demonstrated project management experience

· Demonstrated stakeholder convening and management experience

· Demonstrated experience working with stakeholders in the industry the cluster will focus on

Proposals that do not clearly meet or exceed all minimum qualifications listed above are non-responsive and will not be evaluated.

FUNDING

Commerce intends to award approximately $970,000 under this RFA. Applications in excess of $150,000 will be rejected as non-responsive and will not be evaluated. In the event additional funding becomes available, any contract awarded may be amended to provide for additional related services. Additional funding is not guaranteed.

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

Maximum of $150,000 per contract. The number of awards depends on the number and quality of applications received. COMMERCE intends to award no more than 12 applications between $50,000 - $150,000.

PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this application is tentatively scheduled to begin on or about April 18, 2025, and to end on June 30, 2025. Amendments extending the period of performance, if any, shall be at the sole discretion of the Commerce.

Applicants must specify what funding can be spent by June 30, 2025 and what funding will be allocated towards.

Commerce will tentatively plan to announce awardees April 7, 2025. However, more awardees may be announced after this date, until all funding has been allocated.

Contract performance period: Contract Execution through June 30, 2025.

CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

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

DEFINITIONS

Definitions for the purposes of this RFA include:

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

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

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

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

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

Applicant or Grantee: Individual or organization whose Application has been accepted by COMMERCE and is awarded a fully executed, written contract.

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

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.

ADA

COMMERCE complies with the Americans with Disabilities Act (ADA). Applicants may contact the RFA Coordinator to receive this Request for Qualifications and Quotations in Braille or on tape.

GENERAL INFORMATION

RFA COORDINATOR

The RFA Coordinator is the sole point of contact in COMMERCE for this RFA. All communication between Applicants and COMMERCE upon release of this RFA shall be with the RFA Coordinator, as follows:

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.

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

*This will be a rolling basis application process. The initial application review will begin on 01/20/2025 and end when all funds have been expended/obligated.

COMMERCE reserves the right to revise the above schedule.

APPLICANTS’ CONFERENCE

A conference will be held on March 13, 2025 at 12 p.m. Pacific time. The conference will be held only virtually on Microsoft Teams. All prospective Applicants are encouraged attend; however, attendance is not mandatory.

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

QUESTION AND ANSWER PERIOD

COMMERCE will accept questions about this RFA sent to the RFA Coordinator at the email address listed in Section 2.1 during this period. Questions should not identify the submitting person or organization. COMMERCE will answer all questions in a Q&A document posted no later than the date identified in Section 2.2.

SUBMISSION OF RESPONSES

ELECTRONIC RESPONSES:

Applications must be received by the RFA Coordinator no later than 5:00PM, Pacific Time, on April 2 2025.

Applications must be submitted electronically to the application portal here: ICAP Cohort 3.0 Application Attachments shall be in Microsoft Word format or PDF. Zipped files cannot be received by COMMERCE and cannot be used for submission of Applications. The Certifications and Assurances form must have 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 submission portals. If the COMMERCE email or submission portal 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 through the submission portal. Late Applications will not be accepted and will be automatically disqualified from further consideration, unless the COMMERCE portal 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.

PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Applications submitted in response to this competitive procurement shall become the property of COMMERCE. All Applications received shall remain confidential until the Apparent Successful Bidder is announced; thereafter, the Applications shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW).

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

If a public records request is made for the information that the Applicant has marked as "Proprietary Information" COMMERCE will notify the Applicant of the request and of the date that the records will be released to the requester unless the Applicant obtains a court order enjoining that disclosure. If the Applicant fails to obtain the court order enjoining disclosure, COMMERCE will release the requested information on the date specified. If an Applicant obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, COMMERCE shall maintain the confidentiality of the Applicant's information per the court order.

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

REVISIONS TO THE RFA

In the event it becomes necessary to revise any part of this RFA, addenda will be provided via e-mail to all individuals who have made the RFA Coordinator aware of their interest. Addenda is also published on Washington’s Electronic Business Solution (WEBS), located at https://fortress.wa.gov/ga/webs/. Such addenda will also be published anywhere the RFA is posted, including on COMMERCE’S public webpage, located at 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.

ACCEPTANCE PERIOD

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

COMPLAINT PROCESS

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

a) The solicitation unnecessarily restricts competition;

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

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

A complaint may be submitted to COMMERCE at any time prior to 5 days before the bid response deadline. The complaint must meet the following requirements:

a) The complaint must be in writing;

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

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

d) The complaint should include a proposed remedy.

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

RESPONSIVENESS

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

Disqualified Applicants will be notified at or about the time of disqualification.

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

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

MOST FAVORABLE TERMS

COMMERCE reserves the right to make an award without further discussion of the Application submitted. Therefore, the Application should be submitted initially on the most favorable terms which the Applicant can propose. COMMERCE reserves the right to contact an Applicant for clarification of its Application.

The Applicant should be prepared to accept this RFA for incorporation into a contract resulting from this RFA. Contract negotiations may incorporate some, or all, of the Applicant’s Application. It is understood that the Application will become a part of the official procurement file on this matter without obligation to COMMERCE.

CONTRACT AND GENERAL TERMS & CONDITIONS

The Apparent Successful Applicant will be expected to enter into a contract which is substantially the same as the sample contract and its general terms and conditions attached as Exhibit E. In no event is an Applicant to submit its own standard contract terms and conditions in response to this solicitation. The Applicant may submit proposed edits as allowed in the Certifications and Assurances section, Exhibit A to this RFA. COMMERCE will review requested edits and accept or reject the same at its sole discretion.

COSTS TO PROPOSE

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

NO OBLIGATION TO CONTRACT

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

REJECTION OF RESPONSES

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

COMMITMENT OF FUNDS

The Director of COMMERCE or the Director’s delegate are the only individuals who may legally commit COMMERCE to the expenditures of funds for a contract resulting from this RFA. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

ELECTRONIC PAYMENT

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

INSURANCE COVERAGE

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

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

RESPONSE CONTENTS

ELECTRONIC RESPONSES:

Applications must be written in English and submitted electronically to the RFA Coordinator via Smartsheet. This application uses Smartsheet questions to field applications. Additional documentation should be provided in the order noted below:

1. Budget

2. Certifications and Assurances (Exhibit A)

3. Diverse Business Inclusion Plan (Exhibit B)

4. 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.

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).

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.

WORKERS’ RIGHTS CERTIFICATION (MANDATORY)

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

EVALUATION AND CONTRACT AWARD

EVALUATION PROCEDURE

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

CLARIFICATION OF RESPONSE

The RFA Coordinator may contact Applicants for clarification of any portion of the Applicant’s Application. Submission or alteration of any materials after the due date is prohibited.

EVALUATION AND SCORING

The following evaluation criteria will be used to assess the likelihood of requested funding to be accepted and contracting to begin.

The Application & Contracts Project Manager will work to assess all applications to ensure that meet minimum criteria to be considered for funding. Then will forward to a review committee who will score applications based upon evaluation methodology outlined below.

Applications will be reviewed and ranked based upon the quality of answers to the written questionnaire portion of the application. Review Committee will be reviewing answers on how they address opportunity, outcome, solution, project readiness/management and the overall budget and give scores of low (0-3), medium (4-7) and high (8-10). Any applicant who scores low in any of the categories listed above, will not move forward to selection and ranking.

Applicants with the most “High” rankings will be prioritized and put forth to Commerce Director/Assistant Director to determine who will be selected.

*COMMERCE reserves the right to make award decisions regardless of score and in the determined best interest of the state.

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).

VIRTUAL PRESENTATIONS MAY BE REQUIRED

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

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

NOTIFICATION TO APPLICANTS

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

DEBRIEFING OF UNSUCCESSFUL APPLICANTS

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

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

· Evaluation and scoring of that organization’s Application;

· Any written comments from evaluators related to that Applicant;

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

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

PROTEST PROCEDURE

This procedure is available to Applicants who submitted an Application in response to this RFA document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Applicant is allowed five (5) business days to file a protest of the RFA process with the RFA Coordinator. Protests must be received by the RFA Coordinator no later than 5:00pm 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. Do not copy any other COMMERCE staff.

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

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

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

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

· Errors in computing the score

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

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

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

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

In the event a protest may directly impact the actual interest of another Applicant, such Applicant may be given an opportunity to submit its views and any relevant information on the protest.

The final determination of the protest shall:

· Find the protest lacking in merit and uphold COMMERCE’S action, or

· Find only technical or harmless errors in COMMERCE’S acquisition process and determine COMMERCE to be in substantial compliance and reject the protest, or

· Find merit in the protest and provide COMMERCE options which may include:

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

· Reissue the solicitation document and begin a new process

· Make other findings and determine other courses of action as appropriate

If COMMERCE determines that the protest is without merit, COMMERCE may enter into a contract with the Apparent Successful Applicant(s). If the protest is determined to have merit, one of the options above will be taken.

RFA EXHIBITS

EXHIBIT 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

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%”.

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.

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:

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

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

OR

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

OR

☐ This organization certifies it has no employees.

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

Organization Name:_______________________________________________________________ Print full legal entity name of organization

Signed: ____________________________

Title: ____________________________

Place: ________________________________ Print city and state where signed

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

EXHIBIT D

Grant Agreement with

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Grant Number:

Please enter Grant Number For Provide Project Title/ Primary Grant Purpose in 25 words or less

Dated: Please enter start date of grant

________________________________________________________________________________________________________Grant No. ________________ (Rev. May 2020) Page 2 of 21

1. Table of Contents

________________________________________________________________________________________________________ Page 23 of 41

2. Face Sheet Grant Number: <Insert Number> <Insert Unit or Office> <Insert Program(s) and/or Project(s)>

<Insert legal name> <Insert mailing address> <Insert physical address> <Insert location> <Insert DBA name> <Insert DBA mailing address> <Insert DBA physical address> <Insert DBA location>

<Insert name> <Insert title> <Insert phone> <Insert FAX> <Insert e-mail> <Insert name> <Insert title> <Insert phone> <Insert FAX> <Insert e-mail> <Insert mailing address> <Insert physical address> <Insert location>

9. Federal Funds (as applicable) <Insert $ amount> Federal Agency:

<Insert name>

ALN

<Insert number>

14. Grant Purpose

<Briefly describe Grant purpose>

COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by reference: Grant Terms and Conditions including Attachment “A” - <insert title>, Attachment “B” – <insert title>, Attachment “C” – <insert title>, <etc.>

<insert name>, <insert title>

Signature

Date

<insert name>, <insert title>

Date

APPROVED AS TO FORM ONLY

BY ASSISTANT ATTORNEY GENERAL

APPROVAL ON FILE

3. Special Terms and Conditions

1. GRANT MANAGEMENT

The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant.

The Representative for COMMERCE and their contact information are identified on the Face Sheet of this Grant.

The Representative for the Grantee and their contact information are identified on the Face Sheet of this Grant.

2. ACKNOWLEDGEMENT OF CLIMATE COMMITMENT ACT FUNDING

If this Agreement is funded in whole or in part by the Climate Commitment Act, Grantee agrees that any website, announcement, press release, and/or publication (written, visual, or sound) used for media-related activities, publicity, and public outreach issued by or on behalf of Grantee which reference programs or projects funded in whole or in part with Washington’s Climate Commitment Act (CCA) funds under this Grant, shall contain the following statement:

“The [PROGRAM NAME / GRANT / ETC.] 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.”

The Grantee agrees to ensure coordinated Climate Commitment Act branding on work completed by or on behalf of the Grantee. The CCA logo must be used in the following circumstances, consistent with the branding guidelines posted at CCA brand toolkit, including:

A. Any project related website or webpage that includes logos from other funding partners;

B. Any publication materials that include logos from other funding partners;

C. Any on-site signage including pre-during Construction signage and permanent signage at completed project sites; and D. Any equipment purchased with CCA funding through a generally visible decal.

3. COMPENSATION

COMMERCE shall pay an amount not to exceed $ for the performance of all things necessary for or incidental to the performance of work as set forth in the Scope of Work. Grantee's compensation for services rendered shall be based on the terms of the Scope of Work and Budget.

EXPENSES

Grantee shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by COMMERCE as reimbursable. The maximum amount to be paid to the Grantee for authorized expenses shall not exceed $ , which amount is included in the Grant total above.

Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Grantee shall receive compensation for travel expenses at current state travel reimbursement rates.

4. BILLING PROCEDURES AND PAYMENT

COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE not more often than monthly nor less than quarterly.

The invoices shall describe and document, to COMMERCE's satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the Grant Number . Except for approved indirect costs, if any, a receipt must accompany any single expense in the amount of $50.00 or more in order to receive reimbursement.

Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Grantee.

COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of this Grant.

No payments in advance or in anticipation of services or supplies to be provided under this Agreement shall be made by COMMERCE.

Invoices and End of Fiscal Year Invoices are due on the 20th of the month following the provision of services.

Final invoices for a state fiscal year may be due sooner than the 20th and Commerce will provide notification of the end of fiscal year due date.

The Grantee must invoice for all expenses from the beginning of the Grant through June 30, regardless of the Grant start and end date.

Duplication of Billed Costs The Grantee shall not bill COMMERCE for services performed under this Agreement, and COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be…