RFP 01_Labor Negotiation Services.docx

Request for Proposals (RFP) 01

For: Labor Negotiation Services

Proposal Due Date/Time: October 14, 2026, no later than 5:00PM (PT)

1. INTRODUCTION

1.1. PURPOSE AND BACKGROUND

Clark College ("the College”) is initiating this Request for Proposals (RFP) to solicit Proposals from firms interested in providing labor negotiation services to the College. Clark College currently has two bargaining units, one of which is bargained locally. The faculty contract is bargained locally, and faculty are represented by the Clark College Association of Higher Education (CCAHE). Clark College is seeking a qualified Contractor who is available to serve as the lead negotiator on behalf of the College.

Clark College Profile Founded in 1933, Clark College is the oldest institution of higher education in Southwest Washington. Founded as a private, two-year junior college, Clark College received its first accreditation in 1937 and has been accredited by the Northwest Commission on Colleges and Universities since 1948. It was incorporated into the statewide community college system in 1967. Clark has developed a rich history and relationship with both its own community and the community around it. Many of its annual events, like its Jazz Fest and Sakura Festival, are traditions that go back years or even decades.

Mission: Clark College's mission is to cultivate an inclusive, equitable, and vibrant community; educate, empower, and elevate individuals to achieve their personal and professional goals; and provide excellent and equitable education to create economic, cultural, and community growth.

Core Values

1. Social Justice

2. Partnerships

3. Innovation

4. Shared governance

5. Continuous improvement

6. Sustainability Tenets

1. Equitable Student Experience

2. Employee Engagement, Empowerment, and Excellence

3. Community Partners Engagement

4. Institutional Effectiveness and Equity The College reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible Proposers who provide a Proposal. Such awards would be on the same or substantially similar terms and conditions and would be designed to address a Contractor vacancy (e.g., a Contractor is terminated or goes out of business), respond to the College’s needs, or be in the best interest of the State of Washington.

1.2. OBJECTIVES AND SCOPE OF WORK

1. Objectives- the objective of this RFP is to identify a qualified Contractor to serve as the lead negotiator on behalf of Clark College in the next bargaining cycle which will begin late Fall 2026.

2. Scope of Work- Clark College is seeking a qualified Contractor who has significant experience in reviewing and negotiating collective bargaining agreements on behalf of community colleges and/or public entities. When asked to serve as the negotiator on behalf of the College, the Contractor will work with Clark College’s bargaining team to strategize collective bargaining goals and tactics, draft or assist in drafting contract proposals, interact with union representatives as directed by the College, and assist in any other labor relations issues as requested.

1.3. MINIMUM QUALIFICATIONS

Minimum qualifications include:

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

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

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

4. Significant experience developing and administering Higher Education Classification and Compensation Systems and Programs.

5. Significant experience in serving as a lead labor negotiator on behalf of a public university. In particular, must have experience in negotiating collective bargaining agreements with unions representing faculty.

1.4. PERIOD OF PERFORMANCE

The period of performance of any Contract resulting from this RFP is tentatively scheduled to begin on November 2, 2026, and remain in duration for one year with the option to renewal annual up to an additional four (4) years.

1.5. DEFINITIONS

Definitions for the purposes of this RFP include:

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

2. Contractor – A. Individual or company interested in the RFP and that may or does submit a Proposal in order to attain a Contract with Clark College.

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

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

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

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

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

1.6. ADA

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

2. GENERAL INFORMATION FOR CONTRACTORS

2.1. RFP COORDINATOR

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

Purchasing 1933 Fort Vancouver Way Vancouver, WA 98663-35998

Email is the preferred method of communication.

Any other communication will be considered unofficial and non-binding on Clark College. Contractors are to rely on written statements issued by the RFP Coordinator via Washington’s Electronic Business Solution (WEBS), WEBS Registration.

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

2.2. ESTIMATED SCHEDULE OF SOLICITATION ACTIVITIES

Clark College reserves the right to revise the above schedule.

2.3. SUBMISSION OF PROPOSALS

The Proposal must be received by the RFP Coordinator no later than 5:00 p.m., Pacific Time, in Vancouver, Washington, on October 14, 2026.

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

Proposals may not be transmitted using facsimile transmission.

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

2.4. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

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

Any information in the Proposal that the Contractor desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of Contractor’s document, must be clearly designated.

The information must be clearly identified and the particular exemption from disclosure upon which the Contractor is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right-hand corner of the page. Marking the entire Proposal exempt from disclosure or as Proprietary Information will not be honored.

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

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

2.5. REVISIONS TO THE RFP

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

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

2.6. MINORITY, WOMEN & VETERAN-OWNED BUSINESS PARTICIPATION

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

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

2.7. ACCEPTANCE PERIOD

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

2.8. RESPONSIVENESS

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

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

2.9. MOST FAVORABLE TERMS

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

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

2.10. CONTRACT AND GENERAL TERMS & CONDITIONS

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

2.11. INTERLOCAL CONTRACTING

Clark College is a member of the Washington State Institutions of Public Higher Education (WIPHE) and is aware that other WIPHE members may be interested in purchasing the product(s) included in this solicitation. Therefore, pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, all WIPHE members will be eligible to utilize the Contract(s) awarded as a result of this solicitation, if all parties are willing. The Contractor must complete Exhibit C as part of the Proposal.

2.12. COSTS TO PROPOSE

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

2.13. NO OBLIGATION TO CONTRACT

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

2.14. REJECTION OF PROPOSALS

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

2.15. COMMITMENT OF FUNDS

Clark College’s Purchasing Services is the only individual who may legally commit Clark College to the expenditures of funds for a Contract resulting from this RFP. No cost chargeable to the proposed Contract may be incurred before receipt of a fully executed Contract.

2.16. INSURANCE COVERAGE

1. General Requirements A. Contractor shall, at its own expense, obtain and keep in force insurance as follows during the Period of Performance of the Contract. Upon request, Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to Clark College that insurance, in the following kinds and minimum amounts, has been secured. Failure to provide proof of insurance, as required, may, at Clark College’s sole option, result in the Contract’s termination.

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

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

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

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

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

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

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

C. Business Auto Policy: In the event that services delivered pursuant to the Contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease, and death; and property damage caused by an occurrence arising out of or in consequence of the performance of services by the Contractor, Subcontractor, or anyone employed by either.

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

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

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

E. Cyberliability Insurance: See Exhibit F for details.

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

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

B. Notice of Policy Cancellation/Non-Renewal

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

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

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

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

D. Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A-Class VII or better in the most recently published edition of Best’s Reports. Any exception must be reviewed and approved by CLARK COLLEGE ’s Risk Manager, by submitting a copy of the Contract and evidence of insurance before Contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and Chapter 284-15 of the Washington Administrative Code (WAC).

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

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

4. Industrial Insurance Coverage: The Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Clark College may terminate the Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from the Contractor.

3. PROPOSAL CONTENTS

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

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

2. Management Proposal; and,

3. Cost Proposal.

Proposals must provide information in the same order as presented in this document with the same headings. This will not only be helpful to the evaluators of the Proposal but should assist the Contractor in preparing a thorough response.

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

3.1. LETTER OF SUBMITTAL (MANDATORY)

The Letter of Submittal, Certifications and Assurances (Exhibit A), Contractor Certifications (Exhibit B), and WIPHE Participation (Exhibit C) must be signed and dated by a person authorized to legally bind the Contractor to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Along with introductory remarks, the Letter of Submittal is to include by attachment the following information about the Contractor and any proposed Subcontractors:

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

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

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

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

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

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

3.2. MANAGEMENT PROPOSAL (SCORED/MANDATORY)

1. Project Management (SCORED) A. Qualifications/Expertise of the Contractor – Describes services provided by the Contractor that demonstrate their qualifications and expertise negotiating collective bargaining agreements for Washington institutions of higher education. In particular, describe the Contractor’s experience negotiating with unions representing faculty.

B. Schedule- Describe the firm’s ability to meet deadlines, especially on a short time frame, and give examples of how the firm can provide coverage in the absence of a particular person.

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

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

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

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

D. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Contractor’s position on the matter. Clark College will evaluate the facts and may, at its sole discretion, reject the Proposal on the grounds of the past experience. If no such termination for default has been experienced by the Contractor in the past five years, so indicate.

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

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

4. OMWBE & DVA Certification (OPTIONAL AND NOT SCORED) A. Include proof of certification issued by OMWBE if certified minority-owned firm and/or women-owned firm(s) will be participating on this project or certification from the DVA if veteran-owned firms will be participating on this project. For information, Contractors may contact OMWBE or the DVA.

5. Environmental and Social Issues (OPTIONAL AND NOT SCORED) A. Indicate use of environmentally safe products and processes.

3.3. COST PROPOSAL (SCORED/MANDATORY)

The evaluation process is designed to award this solicitation not necessarily to the Contractor of least cost, but rather to the Contractor whose Proposal best meets the requirements of this RFP. However, Contractors are encouraged to submit Proposals which are consistent with state government efforts to conserve state resources.

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

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

4. EVALUATION AND CONTRACT AWARD

4.1. EVALUATION PROCEDURE

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

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

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

4.2. EVALUATION WEIGHTING AND SCORING

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

Management Proposal Qualifications/Expertise of the Contractor Schedule References 75 Points 50 Points 15 Points 10 Points 75%

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

4.3. ORAL PRESENTATIONS MAY BE REQUIRED

Written submittals and oral presentations, if considered necessary, will be utilized in selecting the winning Proposal. Clark College, at its sole discretion, may elect to select the top scoring finalists from the written evaluation for an oral presentation and final determination of Contract award. Should Clark College elect to hold oral presentations, it will contact the top-scoring firm(s) to schedule a date, time, and location. Commitments made by the Contractor at the oral interview, if any, will be considered binding. The scores from the written evaluation and the oral presentation combined together will determine the Apparent Successful Contractor.

4.4. NOTIFICATION TO PROPOSERS

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

4.5. COMPLAINT PROCESS

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

The complaint process will meet the following minimum requirements:

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

A. The solicitation unnecessarily restricts competition.

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

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

A. Must be in writing.

B. Must be sent to the RFP Coordinator.

C. Should clearly articulate the basis for the complaint.

D. Should include a proposed remedy.

3. The RFP Coordinator or designee will respond to complaints in writing. The RFP Coordinator will consider all available facts and provide a response to the Proposer. The response will include the decision, how the review was conducted and the basis upon which a decision was made.

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

5. The Clark College Purchasing Manager will be notified of all complaints and provided a copy of the response.

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

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

4.6. PROTEST PROCEDURE

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

The protest process will meet the following requirements:

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

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

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

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

ii. Critique of the Proposal based on the evaluation.

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

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

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

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

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

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

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

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

6. Protests are to be submitted to the Clark College RFP Coordinator.

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

8. The final determination of the protest shall:

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

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

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

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

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

5. RFP EXHIBITS

EXHIBIT A: CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the Proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related Contract:

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

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single Proposal.

3. The attached Proposal is a firm offer for a period of 90 days following the due date for receipt of Proposals, and it may be accepted by Clark College without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period.

4. In preparing this Proposal, I/we have not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this Proposal or prospective Contract, and who was assisting in other than his or her official, public capacity. If there are exceptions to these assurances, I/we have described them in full detail on a separate page attached to this document.

5. I/we understand that Clark College will not reimburse me/us for any costs incurred in the preparation of this Proposal. All Proposals become the property of Clark College, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this Proposal.

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

7. I/we agree that submission of the attached Proposal constitutes acceptance of the solicitation contents and the attached sample Contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

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

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

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

Signature Date

Name

Title

2 | Page

EXHIBIT B: CONTRACTOR CERTIFICATIONS

WAGE THEFT PREVENTION – RESPONSIBLE BIDDER CRITERIA WASHINGTON STATE GOODS & SERVICES CONTRACTS Prior to awarding a Contract, CLARK COLLEGE is required to determine that a Contractor is a ‘responsible bidder.’ See RCW 39.26.160(2) & (4). Pursuant to legislative enactment in 2017, the responsible bidder criteria includes a contractor certification that the Contractor has not willfully violated Washington’s wage laws. See Chap. 258, 2017 Laws (enacting SSB 5301).

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

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

OR

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

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

Print Full Legal Entity Name of Contractor

Signature of Authorized Person

Date

Print Name of Authorized Person

Print City and State where Signed

Title of Authorized Person

SUPPORTING WORKERS RIGHTS – WASHINGTON STATE EXECUTIVE ORDER 18-03 WASHINGTON STATE GOODS & SERVICES CONTRACTS To the extent permissible under state and federal law, when making purchasing and other procurement decisions, all state executive and small cabinet agencies shall seek to contract with qualified entities and business owners that can demonstrate or will certify that their employees are not required to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers.

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

· NO MANDATORY ARBITRATION, CLASS, OR COLLECTIVE ACTION WAIVERS. This firm does NOT require its employees to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers.

OR

· REQUIRES MANDATORY ARBITRATION, CLASS, OR COLLECTIVE ACTION WAIVERS.

This firm DOES require its employees to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers.

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

Print Full Legal Entity Name of Contractor

Signature of Authorized Person

Date

Print Name of Authorized Person

Print City and State where Signed

Title of Authorized Person

EXHIBIT C: WIPHE PARTICIPATION

CLARK COLLEGE is a member of the Washington State Institutions of Public Higher Education (WIPHE) and is aware that other WIPHE members may be interested in purchasing the product(s) included in this solicitation.

Therefore, pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW , all WIPHE members will be eligible to utilize the Contract awarded as a result of this solicitation if all parties are willing. Below is a listing of WIPHE members who may desire to utilize the Contract resulting from this solicitation.

Contractors should be aware that if other WIPHE members elect to utilize the Contract awarded as a result of this solicitation they may have different administrative or delivery requirements. It will be the responsibility of the participating WIPHE members to negotiate specific clauses with the Contractor. The modifications should not impair or substantially change the original Contract.

WIPHE members will issue separate purchase orders if they acquire items pursuant to the Contract awarded as a result of this solicitation. A WIPHE Contract number will be assigned to the resulting Contract which must be referenced in all order documents.

WIPHE Members:

FOUR-YEAR UNIVERSITIES:

COMMUNITY AND TECHNICAL COLLEGES:

Contractor agreement to sell items included in this solicitation to other WIPHE members at prices and discounts offered for this solicitation. Please check one of the following:

· I/we AGREE to sell to WIPHE members, at same prices and discounts, with the following exceptions, if any (attach additional pages as necessary)

· I/we DO NOT AGREE to sell to other WIPHE members

Signature Date

Name

Title

EXHIBIT D: SERVICES CONTRACT FORMAT

SERVICES CONTRACT

This Contract is made and entered into by and between Clark College (“CLARK COLLEGE”), located at 1933 Fort Vancouver Way 98663 and the below named firm (“Contractor”).

Name:

Address:

City, State, Zip:

Email:

Phone:

Fax:

CLARK COLLEGE and Contractor may be individually referred to as “Party” or collectively referred to as “Parties.”

PURPOSE

The purpose of this Contract is to (enter detailed description of the Contract purpose).

NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part thereof, CLARK COLLEGE and Contractor mutually agree as follows:

1. SCOPE OF WORK

A. Exhibit A, attached hereto and incorporated by reference, contains the General Terms and Conditions governing work to be performed under this Contract, the nature of the working relationship between CLARK COLLEGE and Contractor, and specific obligations of both Parties.

B. Contractor will provide services and staff and otherwise do all things necessary for or incidental to the performance of work, as set forth below and as included in CLARK COLLEGE ’s Request for Proposals (RFP) #[INSERT NUMBER] (Exhibit B), Contractor’s Proposal dated [INSERT DATE] (Exhibit C), and in this Contract. The RFP and its attachments, as well as Contractor’s Proposal, are herein incorporated as terms of this Contract. Specifically, Contractor will:

i. Identify all tasks, work elements and objectives of the Contract, and timetables by which major parts of the work are to be completed.

C. Contractor shall produce the following written reports or other written documents (deliverables) by the dates indicated below:

i. Identify all written reports or other written documents (deliverables) of the Contract, and dates by which these reports or documents are to be completed.

All written reports required under this Contract must be delivered to the Contract Administrator in accordance with the schedule above.

2. PERIOD OF PERFORMANCE

A. The period of performance under this Contract will be from [INSERT START DATE] or date of execution, whichever is later, through [INSERT END DATE], unless sooner terminated or extended as provided herein.

B. CLARK COLLEGE reserves the right at its sole option to extend the Contract for [INSERT NUMBER] additional [INSERT NUMBER]-year periods; not to exceed a total of [INSERT NUMBER] years ending [INSERT DATE].

3. COMPENSATION

A. Total compensation payable to Contractor for satisfactory performance of the work under this Contract shall not exceed $[INSERT AMOUNT]. Payment for satisfactory performance of the work shall not exceed this amount unless the Parties mutually agree to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded.

B. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms:

i. List detail of compensation to be paid, e.g., hourly rates, number of hours per task, unit prices, cost per task, cost per deliverable, etc.

C. Contractor is required to collect and pay Washington State sales and use taxes, as applicable. Contractor is also required to pay all necessary taxes of any foreign country where they do business, as well as any necessary taxes, premiums, licenses, and permits necessary to do business in the United States and the State of Washington.

D. Contractor is responsible for all costs incurred in performing services under this Contract, including, but not limited to, certifications, training, telephone, internet, computer, and copying costs. Contractor will not be reimbursed or paid for any miscellaneous, routine overhead expenses incurred in the normal process of performing services under this Contract such as, but not limited to, telephone costs, mail, clerical supplies, computer, copying, fax, and transportation.

E. Reimbursable Expenses.