RFA-Audit Incentive Program 2-22-24BW (2).docx

Attachment A

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR APPLICATIONS (RFA)

RFA NO. 51620-01

NOTE: 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 in order for your organization to receive any RFA amendments or question and answer documents.

PROJECT TITLE: Clean Buildings Audit Incentive Program

RESPONSE DUE DATE: Solicitation is open until April 30, 2025

EXPECTED TIME PERIOD FOR CONTRACT: April 17, 2024 – June 30, 2025 Comment by Wagner, Brittany (COM): RFQQ is March 1, 2023-June 30, 2025. Y issue with aligning?

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

FUNDING SOURCE AND METHOD: This is state funding. Payments will be made on a reimbursement basis for deliverables accepted and/or allowable time and expenses.

CONTENTS OF THE REQUEST FOR APPLICATIONS:

1. Introduction

2. General Information

3. Application Contents

4. Evaluation and Award

5. Exhibits

Table of Contents

RFA Exhibits:

INTRODUCTION

PURPOSE AND BACKGROUND

The Washington State Department of Commerce hereafter called "COMMERCE,” is initiating this Request for Applications (RFA) to solicit proposals from those qualified and interested in grant funding for Energy Audits for Publicly Owned Buildings.

The Clean Buildings Act (HB 1257, 2019) requires non-residential buildings over 50,000 square feet to benchmark energy use, make operations and maintenance improvements, and comply with an energy-based performance standard. To help under-resourced buildings complete these energy- and money-saving activities, the legislature appropriated $75 million for early adopter incentive funding in 2019.

Public building owners have not been able to access the incentive funds due to lack of upfront capital to first pay for an energy audit, which can be expensive. Completing an energy audit is a requirement for eligibility to receive early adopter incentive funding. Energy audits are also required for buildings that don’t meet their energy use intensity target that will bring them into compliance with the law.

Energy audits help building owners understand how they are using energy in their buildings and can identify opportunities for energy efficiency improvements. An energy audit can also identify safety concerns with electrical and mechanical systems. It’s one of the first steps toward compliance with the Clean Buildings Performance Standard that will be a legal requirement starting in 2026. Without access to an energy audit, the state’s large public buildings will risk being out of compliance with the Clean Buildings law.

To remove this barrier and help building owners start making energy savings improvements, Commerce will grant funding for an ASHRAE Level II energy audit in accordance with Section 8 of the Washington State Clean Buildings Performance Standard. This funding will be used to cover part or all of the cost of conducting a Level II energy audit. The funding will be issued on a first come first serve basis. The program will reserve a portion of the funding for public buildings in overburdened communities. This program is funded at $20 million and will have the potential to serve several thousand large public buildings before 2026.

OBJECTIVES

Commerce is seeking publicly owned facilities as defined by the Clean Buildings Performance Standard to apply for incentive funding for an ASHRAE Level II energy audit in accordance with Section 8 of the Washington State Clean Buildings Performance Standard.

The energy audit must analyze all cost-effective energy efficiency measures (EEM) for systems such as lighting, HVAC equipment, building envelope, steam, chilled water, domestic hot water and other water using systems, building controls, energy generation and distribution, and waste management systems. The audit is based upon detailed analysis of the existing systems, including instantaneous measurements of system performance parameters and, wherever possible, detailed data logging of system performance. The audit includes an evaluation of the economic performance and investment value of the EEMs.

Audit Requirements:

· Hire an auditor from the Clean Building Audit Incentive Program auditor list or a qualified Energy Service Company (ESCO) who partners with Department of Enterprise Services

· Commerce is developing the auditor list and will post this link on the Clean Buildings Webpage.

· Starting July 1, 2023, the auditor must complete an energy audit in accordance with Section 8 of the Washington State Clean Buildings Performance Standard

· Completion of an ASHRAE Level II energy audit in accordance with Section 8 of the Washington State Clean Buildings Performance Standard

· Completion and submittal of an audit summary in accordance with Normative Annex Z (Form D) of the Washington State Clean Buildings Performance Standard

· Verify energy savings calculations of each EEM

· Verify that the combined savings of multiple EEM accounts for interactive effects

· For buildings that will not meet the EUIt, provide a life cycle cost analysis of all evaluated EEMs in accordance with Normative Annex X of the Washington State Clean Buildings Performance Standard.

· Review the commissioning report and certify that the EEMs are functioning as intended (may also be performed by the Qualified Person) Auditor Deliverables:

1. A preliminary audit to ensure there are opportunities for energy efficiency improvements that can lead to a path to compliance for the building.

2. A proposed audit scope of work, including the systems to be evaluated, the timeline to completion, and the cost to conduct the audit. The Public Agency reviews the proposal and negotiates the cost of the audit.

3. The energy consultant will undertake an audit of the facilities. The audit will identify opportunities for EEMs that, if implemented, would either meet the energy target for the building or meet the investment criteria requirements of Normative Annex X in the Clean Buildings Performance Standard. The energy consultant will send the public agency the finalized audit. The finalized audit will include at least the following:

a. A description of the facility and those building systems.

b. Confirm or establish an Energy Star Portfolio Manager account for energy benchmarking and for Form C Documentation of Compliance with the Standard (Z4.2, 4.3, 4.4, 4.5).

c. The baseline energy consumption for the facility, including the data, methodology and variables used to compute the baseline, and the baseline calendar period. The calendar period must not be shorter than twelve months.

d. Recommendations for replacement of existing equipment, along with recommendations for improvements to existing equipment and operating conditions.

e. The recommended EEMs to be installed in order to achieve compliance with the EUIt or if complying through the investment criteria.

i. Utility rebate recommendations that align with EEMs.

f. The standards of comfort and service appropriate for the facility.

g. The estimated energy savings and energy cost savings that are expected from the installation of the energy efficiency equipment, and an explanation of the method or methods used to make the estimate.

h. The maximum allowable construction cost, itemized in detail.

4. The energy consultant will present to the agency Energy Audit Forms (Form D) (Z6.4.1) and for buildings seeking compliance through the investment criteria, Annex X, Investment Criteria Tool (Form F) (Z6.5).

COMMERCE may award multiple contracts as a result of this RFA.

MINIMUM QUALIFICATIONS

Applicant Qualifications

· The primary eligible Applicant must be a publicly owned building with over 50,000 square feet of floor area. Publicly owned buildings are buildings owned by State Agencies, School and Health Districts, Colleges and Cities, Municipalities and Counties.

· Applicant must be 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 Apparently Successful Grantee.

· Applicants must be in good standing with COMMERCE and all applicable federal, state, and local laws and requirements.

Project Qualifications

1. Projects must be located in existing buildings owned or leased by an eligible applicant located in Washington State.

2. Create an Energy Star Portfolio Manager account and benchmark the building.

a) Share Building Properties. Add the organization account WACleanBuildings and set up a connection request.

3. Applicant must identify and report a compliance path in accordance with the Clean Buildings Performance Standard.

4. Applicant must hire a qualified Energy Consultant from the approved Commerce network.

5. Audits must be completed by June 15, 2025.

FUNDING

Funding is calculated at base payment $0.50 per square foot of gross floor area, excluding parking areas. Additional funding may be awarded to buildings with over 220,000 square feet or rural communities.

· Buildings who have conducted an audit after July 1, 2023 are eligible for this funding at the calculated base rate.

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

PERIOD OF PERFORMANCE

The period of performance of any contract(s) resulting from this RFA is tentatively scheduled to begin on or about April 17, 2024 and to end on June 30, 2025. COMMERCE reserves the option at its sole discretion to extend the contract for two additional one-year periods.

CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

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

DEFINITIONS

Definitions for the purposes of this RFA include:

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

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

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

Clean Buildings Performance Standard: The Clean Buildings Performance Standard consists of ASHRAE Standard 100-2018 and state amendments to ASHRAE Standard 100-2018, WAC194-50.

Use the following link to access the integrated document: https://www.commerce.wa.gov/growing-the-economy/energy/buildings/clean-buildings-performance-standard/

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.

Energy Consultant: A person acting as the auditor of record having training, expertise and three years professional experience in building energy auditing, and being any one of the following:

· A licensed professional architect or engineer

· A Building Energy Assessment Professional (BEAP) certified by the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE)

· A Certified Energy Auditor (CEA) certified by the Association of Energy Engineers (AEE)

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

COMMERCE reserves the right to revise the above schedule.

APPLICANTS’ CONFERENCE

A conference will be held on February 29 at 2:00 p.m., Pacific Time. The conference will be virtual only on a platform on Zoom. Email the RFA Coordinator to receive the meeting link. All prospective Applicants are encouraged attend; however, attendance is not mandatory.

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

QUESTION AND ANSWER PERIOD

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

SUBMISSION OF RESPONSES

ELECTRONIC RESPONSES:

Applications may be submitted to the RFA Coordinator beginning March 1, 2024 to April 30, 2025 by 4:00 p.m. PST.

Applications must be submitted electronically as an attachment to an e-mail to the RFA Coordinator, at the e-mail address listed in Section 2.1. Attachments to e-mail shall be in Microsoft Word format or PDF. Zipped files cannot be received by COMMERCE and cannot be used for submission of Applications. The Certifications and Assurances form must have 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.

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 System (WEBS), located at https://fortress.wa.gov/ga/webs/. For this purpose, the published questions and answers and any other pertinent information shall be provided as an addendum to the RFA and will be placed on the website.

If you downloaded this RFA from any source other than WEBS you are responsible for sending your name and e-mail address to the RFA Coordinator in order for your organization 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.

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 in the order noted below:

1. Certifications and Assurances (Exhibit A)

2. Applicant Information (Exhibit B)

3. Diverse Business Inclusion Plan (Exhibit C)

4. Workers’ Rights Certification (Exhibit D)

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

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

CERTIFICATIONS AND ASSURANCES (MANDATORY)

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

APPLICANT INFORMATION

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

DIVERSE BUSINESS INCLUSION PLAN (MANDATORY)

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

Applications will be reviewed and awarded in the order they are received until funding is exhausted.

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 comcustserv@commerce.wa.gov. Do not copy any other COMMERCE staff.

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

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

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

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

· Errors in computing the score

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

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

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

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

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

The final determination of the protest shall:

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

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

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

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

· Reissue the solicitation document and begin a new process

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

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

RFA EXHIBITS

EXHIBIT 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

APPLICANT INFORMATION

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

Additional Detail:

Key Staff

NARRATIVE QUESTIONS

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

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

Click or tap here to enter text.

2. Marginalized communities are routinely underserved in community services. How would you use this funding to serve these communities equitably?

Click or tap here to enter text.

This Applicant or the community(ies) it serves: (check all that apply)

☐ Primarily serves historically marginalized and disadvantaged communities.

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

BUDGET

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

The evaluation process is designed to award funding not necessarily to the Applicants of least cost, but rather to Applicants that best meet the requirements of this RFA. Applicants are encouraged, however, to submit budgets which are consistent with efforts to conserve state resources.

EXHIBIT C

DIVERSE BUSINESS INCLUSION PLAN

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

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

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

Organizational Goals:

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

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

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 D

Applicant Certification Executive Order 18-03 – Workers’ Rights

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

RFA Number: 56120-01

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 E

Interagency Agreement with through

Contract Number:

For

Dated: Please enter start date of contract

________________________________________________________________________________________________________Contract No. ________________ (Rev. May 2020) Page 23 of 36

A. Table of Contents

________________________________________________________________________________________________________ Page 20 of 32

B. Face Sheet Contract 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. Contract Purpose

<Briefly describe contract purpose>

COMMERCE, defined as the Department of Commerce, and the Contractor, as defined above, acknowledge and accept the terms of this Contract and Attachments and have executed this Contract on the date below and warrant they are authorized to bind their respective agencies. The rights and obligations of both parties to this Contract are governed by this Contract and the following documents incorporated by reference: Contractor 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

C. Special Terms and Conditions

1. AUTHORITY

COMMERCE and Contractor enter into this Contract pursuant to the authority granted by Chapter 39.34 RCW.

2. CONTRACT 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 Contract.

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

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

3. COMPENSATION

The parties agree that there is no cost associated with the performance of this contract and no monies will be exchanged.

-OR-

COMMERCE shall pay an amount not to exceed $ , for the performance of all things necessary for or incidental to the performance of work under this Contract as set forth in the Scope of Work.

EXPENSES

Contractor 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 Contractor for authorized expenses shall not exceed $ , which amount is included in the Contract 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. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates.

4. BILLING PROCEDURES AND PAYMENT

COMMERCE will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Representative for COMMERCE via the Commerce Contracts Management System, which is available through the Secure Access Washington (SAW) portal.

The attachments to the invoice request in the Commerce Contracts Management System 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 Contract Number . If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses 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 Contractor.

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

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 Contractor must invoice for all expenses from the beginning of the contract through June 30, regardless of the contract start and end date.

Duplication of Billed Costs The Contractor shall not bill…