RFP #24-CTR-01 .pdf

Eastern Washington University

Athletic Apparel, Uniforms, Accessories and Footwear

REQUEST FOR PROPOSALS

RFP #24-CTR-01

Proposal Due Date: May 3, 2024 By 3:00 p.m. Pacific Time

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

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1. INTRODUCTION

1.1. PURPOSE AND BACKGROUND

Eastern Washington University, hereafter referred to as "EWU”, is initiating this Request for Proposals (RFP) to solicit proposals from Vendors interested in supplying Athletic Apparel, Uniforms, Accessories and Footwear.

EWU is seeking proposals from qualified companies to establish multi-year athletic footwear, uniform, accessories and apparel agreement to support EWU’s Intercollegiate Athletics programs. Within this proposal, EWU has several goals as outlined in this section.

1. Establish a footwear, uniform, apparel and accessory supplier for all sponsored intercollegiate athletics programs, support personnel and support programs.

2. Have an assigned company representative servicing the needs of EWU’s Intercollegiate Athletics programs including all EWU support groups, in a timely, thorough and professional manner.

3. Establish an overall branded style utilizing EWU’s logos and color pallet incorporated into uniforms and apparel for teams.

4. Vendor must provide additional apparel, footware or merchandise when EWU reaches or exceeds annual purchase volume levels.

5. Vendor must include additional on-field performance program incentives for NCAA FCS Football Playoff appearances and championships, individual and specific sport conference awards and basketball conference championship and NCAA and other postseason tournaments.

6. Vendor must provide pricing amounts for screen-printing & embroidering services.

Athletic Background In 2023-24, approximately 350 student-athletes are participating in fourteen (14) varsity sports at EWU, six (6) for men (football, basketball, tennis, cross-country, indoor & outdoor track & field) and eight (8) for women (basketball, soccer, volleyball, tennis, golf, cross-country, indoor & outdoor track & field). EWU has been an official member of NCAA Division I since the 1983-1984 academic year and member of the Big Sky Conference since 1987. The athletics department currently has an Adidas apparel agreement, and met minimum spend requirements ($350k) on product during the most recent fiscal year (2022-23).

Recent Success of EWU Athletics Football In 2010, EWU won the NCAA Division I FCS Football National Championship, the most recent Big Sky school to win an FCS Championship at the time of writing this. Since that time, the football team has been Big Sky Conference Champions or Co-Champions five times (2012, 2013, 2014, 2016, 2018), an NCAA Division I FCS Football National Quarterfinalist once (2014, 2021), an NCAA Division I FCS Football National Semifinalist three times (2012, 2013, 2016) and NCAA Division I FCA Football National Runner-Up (2018).

Additionally, the program has had a winning record in 15 of the past 17 years. EWU also had the Walter Payton Award winner, given out annually to the best player in FCS, in Eric Barriere in 2021. EWU currently has three (3) active players in the NFL (Cooper Kupp with the Los Angeles Rams, Kendrick Bourne with the New England Patriots, and Samson Ebukam with the Indianapolis Colts.

Men’s Basketball Back-to-back Big Sky regular season champions in the 2022-23 and 2023-24 seasons. Last year’s squad made it to the Second Round of the 2023 NIT Tournament defeating Washington State in the First Round game. Has produced the Most Valauble Player in the Big Sky Conference in five (5) of the last eight (8) years. Big Sky Tournament champions during the 2020-21 season and nearly pulled off an upset against the University of Kansas in the First Round of the NCAA Tournament. The most notable EWU basketball alum is Rodney Stuckey who played ten (10) years in the NBA for the Detroit Pistons and the Indiana Pacers.

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Women’s Basketball Fresh off of a 29-win season, the 2023-24 team was Big Sky regular season and tournament champions first the first time in school history. The women’s basketball team had a 10 win improvement from the previous campaign and set the school record for most wins in a season.

Academics EWU student-athletes have had 48 consecutive quarters of at least a 3.0 or higher GPA. Have also been recipients of the Big Sky Presidents’ Cup award (which is a combination of on-field successs and acadmemic success) in 2015, 2016, and most recently in 2018.

General/Other Upon its completion in 2010, the installation of Red Synthetic Turf at Roos Field (named after NFL Offensive Lineman, Michael Roos) gave EWU a unique & one-of-a-kind athetic facility known as “The Inferno”. Since 2012, the facility has hosted 15 NCAA FCS Football Playoff games in addition to five conference & non-conference home contests each season.

Intercollegiate Sponsored Sports Support / Auxiliary Programs

Men’s Basketball Coaching staff

Women’s Basketball Training staff

Men’s Cross Country Other department support staff

Women’s Cross Country Summer camps

Men’s Football Spirit Teams (Cheer & Band)

Women’s Golf Club Sports

Women’s Soccer Intramural Sports

Men’s Tennis Wheelchair Basketball

Women’s Tennis

Men’s Indoor Track & Field

Women’s Indoor Track & Field

Men’s Outdoor Track & Field

Women’s Outdoor Track & Field

Women’s Volleyball

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Currently the individual sportswear product brands used by EWU are as follows:

Football – Squad size approximately 115, Support Staff approximately 40 Uniforms – Adidas, 3 sets (white, black & red), replace one uniform color every year Travel Suits – Adidas, replace yearly Compression Gear – Adidas Sweat Pants /Hooded Sweatshirts and Shorts – Adidas Padded Girdles – McDavid Gloves – Adidas T-Shirts – Adidas Practice Pants – Adidas Practice Jersey’s – Adidas Footballs – Wilson Coaches Clothing – Adidas Caps and Stocking Caps – Adidas

Men’s Basketball – Squad size approximately 17, support staff approximately 7 Uniforms – Adidas, 3 sets (white, black & red), replace one uniform color each year Shooting Shirts/Warmups – Adidas, replaced yearly Practice Uniforms – Adidas Shoes, Travel Suits, Sweat Pants, Sweat Shirts and Compression shirts – Adidas Coaches/Support Staff Clothing – Adidas Balls – Wilson

Women’s Basketball – Squad size approximately 19, support staff approximately 6 Uniforms – Adidas, 3 sets (white, black & red), replace one uniform color each year Shooting Shirts/Warmups – Adidas, replaced yearly Practice Uniforms – Adidas Shoes, Travel Suits, Sweat Pants, Sweat Shirts and Compression shirts, Headbands – Adidas Coaches/Support Staff Clothing – Adidas Balls – Wilson

Cross-Country/Track & Field – Squad size approximately 30 for CC & 135 for Track & Field Uniforms – Adidas, replace every three years Cold Weather Jackets – Adidas, replace every three years Travel Suits – Adidas, replace yearly Warm-up Jacket and Pants – Adidas, replace yearly Sweatshirts – Adidas Sweatpants – Adidas Shoes (Training, Running Flats & Spikes) – Adidas T-Shirts, Shorts, Practice Gear, Sports Bras, Tights, Running Shorts – Adidas Beanies/Gloves – Adidas

Women’s Soccer – Squad size approximately 32, support staff approximately 5 Uniforms – Adidas, 3 sets (white, black & red), replace one uniform color each year Travel Suits – Adidas, replace yearly Cleats & Shoes – Adidas Balls – Adidas Gloves (including goalkeeper) – Adidas Shin Guards – Adidas Pennies - Adidas T-Shirts, Shorts, Sports Bras, Socks, Sweatshirts, Sweatpants, Headbands – Adidas

Volleyball – Squad size approximately 16, support staff approximately 4 Uniforms – Adidas, 3 sets (white, black & red), replace one uniform color each year

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Travel Suits – Adidas, replace yearly Shoes (Court & Training) – Adidas T-Shirts, Shorts, Sports Bras, Sweatshirts, Sweatpants, Headbands – Adidas Balls – Molten

Men’s Tennis – Squad size approximately 10 All Apparel & Shoes – Adidas (replaced yearly) Racquets, String & Balls – Wilson

Women’s Tennis – Squad size approximately 12 All Apparel & Shoes – Adidas (replaced yearly) Racquets, String & Balls – Wilson

Women’s Golf – Squad size approximately 8 All Apparel & Shoes – Adidas (replaced yearly) Equipment – TaylorMade & Titleist Balls – TaylorMade

Spirit Teams (Cheerleaders & Band) – Squad size approximately 30 for Cheer; 30 for Band T-Shirts, Shoes, Sweatpants, Pullover – Adidas

University Background Administration – One of six state-funded four-year institutions of higher education in Washington State, EWU is a regional, comprehensive university located in Cheney, Washington, with programs also offered in Bellevue, Everett and Spokane. EWU Cheney operates on a September-to-June academic year (quarter system) with a four-and-eight week summer session. Dr. Shari McMahan became the 27th president of EWU in 2022.

Campus – EWU’s 300-acre park like campus is just 17 miles from Washington’s second largest city, Spokane.

However, it is a matter of minutes from more than 20 lakes, beautiful mountains and the Turnbull National Wildlife refuge; all of which offer fishing, hiking, biking, boating, wildlife watching and more.

Alumni – EWU Alumni are 116,000 strong and counting. 75% of EWU's graduates remain in Washington State.

More than 87,000 alumni live and work in the state of Washington, approximately 44,000 in Spokane County.

1.2. OBJECTIVES AND SCOPE OF WORK

The objective of this RFP is to identify a vendor that can provide National Name Brand Athletic Apparel, Uniforms, Accessories and Footwear to support all of EWU’s intercollegiate athletic programs.

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 judgement entered by a court of limited or general jurisdiction to have willfully violated, as defined in in RCW

49.48.082 any provision of RCW Chapters 46.46, 49.48, or 49.52 within three (3) years prior to the date of this solicitation date.

3. Successful vendor must be able to provide a direct partnership with EWU and its brand of athletic footware, uniforms, accessories, and apparel to all EWU athletic teams.

4. Vendor may not provide apparel or footware that is produced in whole or in party by “sweatshop” labor as defined by the U.S. Department of Labor. EWU reserves the right to request verification.

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5. Successful vendor, if required, must be able to assist EWU in the transition of apparel, equipment, or footware if a new partner is choosen.

1.4 PERIOD OF PERFORMANCE

The period of performance of any Contract resulting from this RFP is July 1, 2025 – June 30, 2030.

EWU reserves the right to extend the Contract for two (2) additional one-year (1) periods, for a total contract period not to exceed seven (7) years.

1.5 DEFINITIONS

Definitions for the purposes of this RFP include:

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.

Contractor –

1. Individual or company interested in the RFP and that may or does submit a Proposal in order to attain a Contract with EWU.

2. Individual or company who’s Proposal has been accepted by EWU and is awarded a fully executed, written Contract.

EWU - The agency of the State of Washington that is issuing this RFP.

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

Proposer - Individual or company that submits a Proposal in order to attain a Contract with EWU.

Request for Proposal (RFP) – Formal procurement 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

EWU 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 EWU for this solicitation. All communication between the Contractor and EWU upon release of this RFP shall be with the RFP Coordinator, as follows:

Name Cody Ross

Email Address cross19@ewu.edu

Mailing Address EWU Procurement & Contracts

218 Tawanka Hall

Cheney, WA 99004

Phone Number (509) 359-6804

Fax Number (509) 359-7984

Email is the preferred method of communication.

mailto:cross19@ewu.edu

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Any other communication will be considered unofficial and non-binding on EWU. Contractors are to rely on written statements issued by the RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Contractor.

2.2. ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue RFP March 29, 2024

Questions due in writing to April 17, 2024 by 3:00 PM PST

Q&A Response Addendum to vendors April 24, 2024 by 3:00 PM PST

Proposal Due Date May 3, 2024 by 3:00 PM PST

Evaluate Proposals May 6 – May 31, 2024

Conduct Oral Interviews with Finalists, if required June 3-7, 2024

Announce “Apparent Successful Contractor” and Send Notification to Unsuccessful Proposers June 14, 2024

Negotiate Contract June - July 2024

Begin Contract Work July 1, 2025

EWU 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 3:00 p.m., Pacific Time, in Cheney, Washington, on May 3, 2024.

Proposals must be submitted electronically as an attachment to an email to Cody Ross, 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 EWU 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. EWU does not assume responsibility for problems with Contractor’s email. If EWU’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 EWU’s email is found to be at fault. All Proposals and any accompanying documentation become the property of EWU and will not be returned.

2.4. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Proposals submitted in response to this competitive solicitation shall become the property of EWU.

Per RCW 39.26.030, Proposals and Proposal evaluations are exempt from disclosure until EWU announces the Apparent Successful Contractor; thereafter, the Proposals shall be deemed public records as defined in RCW 42.56.

Any information in the Proposal that the Contractor desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56, 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

RFP #JS84-18 Page 7 of 29 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," EWU 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, EWU 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 RCW 42.56, or other state or federal law that provides for nondisclosure, EWU shall maintain the confidentiality of the Contractor's information per the court order.

All EWU public record requests should follow the Request Procedures and Guidelines for Obtaining Public Records.

2.5. REVISIONS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be sent to Contractors.

EWU 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 Office of Minority and Women’s Business Enterprises (OMWBE) or Department of Veteran’s Affairs. 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 the Office of Minority and Women’s Business Enterprises or the Washington State Department of Veteran’s Affairs.

2.7. ACCEPTANCE PERIOD

Proposals must provide 90 days for acceptance by EWU 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.

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

2.9. MOST FAVORABLE TERMS

EWU 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. EWU 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 https://access.ewu.edu/public-records https://access.ewu.edu/public-records

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Contractor’s Proposal. It is understood that the Proposal will become a part of the official procurement file on this matter without obligation to EWU.

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 C. In no event is a Contractor to submit its own standard contract terms and conditions in response to this solicitation. The Contractor may submit exceptions as allowed in the Certifications and Assurances form, Exhibit A and B to this solicitation. All exceptions to the Contract terms and conditions must be submitted as an attachment to Exhibit A and B, Certifications and Assurances form. EWU will review requested exceptions and accept or reject the same at its sole discretion.

2.11. COSTS TO PROPOSE

EWU 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.

2.12. NO OBLIGATION TO CONTRACT

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

2.13. REJECTION OF PROPOSALS

EWU 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.

2.14. COMMITMENT OF FUNDS

The President of EWU or his/her delegate is the only individual who may legally commit EWU 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.

2.15. 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 EWU that insurance, in the following kinds and minimum amounts, has been secured. Failure to provide proof of insurance, as required, may, at EWU’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 EWU.

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.

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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 EWU 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:

General aggregate limits (other than products-completed operations) $2 million

Products-completed operations aggregate $2 million

Personal and advertising injury aggregate $1 million

Each occurrence (applies to all of the above) $1 million

Fire damage limit (per occurrence) $50,000

Medical expense limit (any one person) $5,000

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 EWU 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. EWU 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.

3. Additional Insurance Provisions

All above insurance policies shall include, but not be limited to, the following provisions:

A. Additional Insured: EWU 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

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i. For insurers subject to RCW 48.18 (admitted and regulated by the Washington State Insurance Commissioner), a written notice shall be given to EWU’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 RCW 48.15 (Surplus Lines), a written notice shall be given to EWU’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 EWU’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 EWU’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 RCW 48.15 and WAC 284-15.

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: EWU 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, EWU 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 to this RFP);

2. Project proposal

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 and the attached Certifications and Assurances form (Exhibit A to this RFP) must be signed and dated by a person authorized to legally bind the Contractor to a contractual

RFP #JS84-18 Page 11 of 29 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 EWU that a conflict of interest exists, the Contractor may be disqualified from further consideration for the award of a Contract.

3.2. PROJECT PROPOSAL (SCORED)

The Technical Proposal must contain a comprehensive description of services including the following elements:

1. Organizational experience, structure, and stability:

a. Give a brief history of your company

b. Describe the management structure of your firm

c. Describe the management structure of the team dedicated to this account

d. Describe your firms commitment to diversity

e. Describe your firms commitment to corporate social responbillity

f. Provide a banking reference

g. Is your firm a party to any pending or prior litigation, reorganizations, or bankruptcy petitions?

2. Work Plan:

a. Describe your work plan for deliverables requested in this RFP document.

b. Describe your transition plan. Responses should indicated if your firm will meet the minimum requirements of either purchasing or replacing existing athletic apparel, equipment, and footware inventories.

3. Project Schedule:

a. Are you able to meet the timeline requirements of this RFP? All deliverables need to be received for use no later than July 1, 2025.

4. Risks:

a. Identify and disucss any risks your firm has identified with this project and describe your plan to mitiage any apparent risk.

5. Deliverables:

a. Identify and provide a detailed list of the deliverables for this RFP. Lists should include a detailed breakdown for each EWU sport.

6. Related Information (MANDATORY)

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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.

EWU 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.

6. References (MANDATORY)

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

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

7. OMWBE & Veteran-Owned Certification (OPTIONAL AND NOT SCORED)

A. Include proof of certification issued by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) if certified minority-owned firm and/or women-owned firm(s) will be participating on this project or certification from the Department of Veteran’s Affairs if veteran-owned firms will be participating on this project. For information, Contractors may contact the Office of Minority and Women’s Business Enterprises or the Washington State Department of Veteran’s Affairs.

B. Environmental and Social Issues (OPTIONAL AND NOT SCORED)

1. Indicate use of environmentally safe products and processes.

3.3. COST PROPOSAL (SCORED)

The evaluation process is designed to award this procurement 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 that 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

RFP #JS84-18 Page 13 of 29 and to produce the deliverables under the Contract. Contractors are required to collect and pay Washington State sales and use taxes, as applicable.

2. Discount Pricing (SCORED)

A. Identify all pricing discounts for apparel, equipment, uniforms, and footware.

B. EWU to receive a minimum of 45% off MSRP on all footware.

C. EWU to receive a minimum of 50% off MSRP on all apparel, custom uniforms, accessories, and equipment.

D. EWU to receive a minimum annual allotment of $220,000 per year in promotional merchandise if the vendor’s minimum purchase requirements are satisfied.

E. All pricing to include any screen-printing and embroidery services.

3. Service (SCORED) Preference will be given for vendors that can provide direct-to-consumer access to product and footwear. If vendor could only provide direct-to-consumer access for certain sports, the service must be defined.

4. Promotional Material (SCORED) A. Promotional allotment: Vendor must provide promotional bonuses for reaching and increasing annual purchase volume levels.

B. Addiiontal promotional bonuses must be provided for reaching specific sport and academic performance achievements, including, but not limited to, conference championships, NCAA and other post-season national tournament participation and championships, Big Sky Conference “President’s Cup” performance, and any applicable conference affiliated and NCAA coaching awards.

5. Brand Recognition (SCORED) The vendor must have the ability to provide high-quality, nationally recognized, name brand apparel and uniforms. After contract execution, EWU will exclusively purchase contractor’s brand on normal athletics purchasing cycles, but will continue to use existing inventory. If contractor will be providing a different brand than that being currently utilized by EWU, and wishes to convert existing inventory, contractor will be required to assume all costs necessary for conversion. Current estimated total replacement costs of all inventory: $450,000.00

6. Value added items (SCORED):

Please include information in your proposal on any “value-added” items that are included in your proposal. Items could include marketing products such as mannequins to display uniforms or any other items or incentives used to promote the brand and strengthen the partnership with EWU.

Costs for Subcontractors are to be broken out separately. Please note if any Subcontractors are certified by the Office of Minority and Women’s Business Enterprises.

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 EWU, which will determine the ranking of the Proposals.

RFP #JS84-18 Page 14 of 29

EWU, 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:

Project Proposal Organizational experience, structure, stability Work plan Project schedule Risks Deliverables Related Information

20%

Cost Proposal Identification of costs Discount pricing Promotional Material Service Brand Recognition Value-added items

70%

Direct to Consumer Access 10%

Total 100%

EWU reserves the right to award the Contract to the Contractor whose Proposal is deemed to be in the best interest of EWU 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. EWU, 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 EWU 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 score from the oral presentation will be considered independently and will determine the Apparent Successful Contractor.

4.4. NOTIFICATION TO PROPOSERS

EWU will notify all Proposers of their selection via email 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 EWU to correct a problem before Proposals are submitted and time expended on evaluations. Complaints may be made only by Proposers who intend to submit a response to the

RFP #JS84-18 Page 15 of 29 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 EWU 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, or designee.

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 EWU Procurement and Contracts Website.

5. The EWU Director of Procurement and Contracts 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 of 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;

RFP #JS84-18 Page 16 of 29

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

6. Protests are to be submitted to the EWU Director of Procurement and Contracts and the 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 EWU’s action; or B. Find only technical or harmless errors in EWU’s acquisition process and determine

EWU to be in substantial compliance and reject the protest; or C. Find merit in the protest and provide EWU 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 EWU determines that the protest is without merit, EWU 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.

RFP #JS84-18 Page 17 of 29

5. RFP EXHIBITS

EXHIBIT A: CERTIFICATIONS AND ASSURANCES

Proposer makes 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. Proposer declares 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, Proposer 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 EWU 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, Proposer has 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, Proposer has described them in full detail on a separate page attached to this document.

5. Proposer understands that EWU will not reimburse Proposer for any costs incurred in the preparation of this Proposal. All Proposals become the property of EWU, and Proposer claims no proprietary right to the ideas, writings, items, or samples, unless so stated in this Proposal.

6. Proposer agrees that submission of the attached Proposal constitutes acceptance of the solicitation contents and the attached sample Contract and general terms and conditions. Proposer also states that, unless required by law, it has not disclosed its prices and/or cost data which have been submitted with its Proposal to any competitor or other Proposer and will not make any such disclosure prior to an/the Apparent Successful Bidder being selected. If there are any exceptions to these terms, Proposer has described those exceptions in detail on a page attached to this document.

7. 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.

8. Proposer grants EWU the right to contact references and others, who may have pertinent information regarding the ability of the Proposer and the lead staff person to perform the services contemplated by this Competitive Solicitation

9. Wage Theft. I/we certify as follows:

☐ 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

☐ 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.

http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

RFP #JS84-18 Page 18 of 29

10. Supporting Worker’s Rights. I/we certify as follows:

☐ 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

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

11. Debarment. I/we certify as follows:

☐ NO DEBARMENT. Proposer and/or its principals are not presently nor has ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity within the United States.

OR

☐ DEBARRED. As detailed on the attached explanation (Proposer…