State of Washington, Department of Ecology Solicitation Number RFP 2611 ADM, Bridge Point Settlement Air Quality Improvements

REQUEST FOR PROPOSALS (RFP)

FOR GOODS AND SERVICES

RFP Procurement Coordinator: Meg Bommarito Phone: 425-681-6236 Email: mbom461@ecy.wa.gov

Instructions to Bidders:

· Any questions concerning this solicitation are to be directed to the above Procurement Coordinator.

· Bids must be received on or before the Deadline to Submit Proposals in order to be considered responsive.

· Check WEBS for any amendments and monitor your email for any communication from the Procurement Coordinator.

How to respond to this bidding opportunity:

· Review all contents of this solicitation carefully and refer to RFP section 2.7, Submission of Proposals.

· Only emailed bids will be accepted in response to this RFP. Attach your bid submissions to your single email, 25mb data limit.

· Bid must contain an official signature of a duly authorized officer or agent of the Bidder’s company empowered with the right to bind the Bidder. Remember to sign your Bid (Appendix A, p. 35). Digital signatures are accepted for this electronic submission.

· Email subject line is to note the Solicitation Number and Solicitation Title.

· Acceptable format for electronic submission of bids shall be Adobe Acrobat. A single pdf with attachments is the desired format (see also Appendix L, Response Checklist). Be sure to document a list of attachments in your transmittal, as no acknowledgment of receipt will be given unless otherwise requested. Materials received after the deadline shall not be considered, it is the Bidder’s responsibility to ensure all bid materials are timely received.

Bids must be received on or before the due date & time at this address:

· Please submit responses via email directly to the Procurement Coordinator:

Meg Bommarito mbom461@ecy.wa.gov

· Bidders are responsible for the timely delivery of their bid. Electronic submissions are considered by the timestamp Ecology receives not when transmitter sends, therefore Bidders are advised to plan accordingly.

Table of Contents

INTRODUCTION

Announcements and Special Information Bidders are required to read, understand, and accept all information contained within this entire solicitation package. By responding to this solicitation, the Bidder acknowledges having read and understood the entire solicitation and accepts all the information contained herein.

In support of the State’s economic and environmental goals, Bidders are encouraged to consider the following elements in responding to this solicitation. These are not a factor of award (unless otherwise specified in this document):

· Using environmentally preferable products and services that exceed EPA guidelines.

· Supporting a diverse supplier pool, including small, veteran, minority, and women-owned firms.

· Supplying products made or grown in Washington.

Objectives The objective of this RFP is to establish a service contract for the Department of Ecology (ECOLOGY) in accordance with RCW 39.26.

ECOLOGY is seeking a vendor to implement measures to improve indoor air quality for potentially impacted residences along the truck routes of the Bridge Point warehouse project area in Tacoma, Washington. Ecology is offering partial weatherization of homes, single-zone heat pumps, and air cleaners as part of this voluntary Bridge Point Air Quality Improvements program. This contract is for one year of work with four (4) one-year extension options.

Ecology is directing this work within the established settlement boundary (see Figure 1, p. 7) and has prioritized work along the Union Avenue truck traffic routes.

The successful Bidder will implement the following, with direction from Ecology:

1) Create and extend outreach to up to 200 residents along warehouse truck traffic routes soliciting voluntary participation in the program. The services will be free of charge and offered to potentially impacted residents along the truck routes. Services may vary per home and can include partial weatherization of homes, single-zone heat pumps and portable air cleaners. The Bidder, acting as Ecology’s Vendor, will seek permission from property owners before any weatherization measures or equipment are installed in any residence in the impacted area.

2) Prepare home assessments identifying appropriate and feasible weatherization measures for effected properties showing interest in the program and facilitate property owner permissions. Work will vary by location and will be based on current condition and needs. Weatherization measures include door and window sealing, insulation, ventilation fans, and other measures preventing air from entering homes. Single-zone heat pumps may also be included if determined appropriate.

3) Data management and data collection, creating and maintaining a record of all work completed at each location and reporting to Ecology the work and results as well as sharing documents.

4) Development of planning documents and implementation reports. These include a property list tracker, project schedule, air cleaner implementation plan, home audit data, weatherization implementation plan and quarterly reports (among others as outlined in the scope of work).

5) Attendance at bi-monthly (twice a month) scheduled meetings with Ecology and public meetings and additional meetings as requested.

Refer to Appendix F, Scope of Work, for more information.

Background Bridge Point Tacoma (formerly known as Bridge Industrial) is constructing a 2.5 million square foot warehouse facility located in south Tacoma. In 2022, during a State Environmental Policy Act (SEPA) review of the project, Ecology determined that the surrounding community was likely to experience impacts to air quality due to heavy traffic related to warehouse operations.

In April 2023, the City of Tacoma issued a Mitigated Determination of Nonsignificance which allowed the project permitting to move forward. In December 2023, Ecology issued coverage under the Construction Stormwater General Permit (CSWGP), and an Administrative Order (AO) that included additional requirements to protect water quality when working on a contaminated site and address air quality impacts for the surrounding community. The developer appealed Ecology’s permit but agreed to settlement discussions for the air quality impacts.

In 2024, Ecology and Bridge Point entered into a settlement agreement for $8.95 million that will be used to address air quality impacts to the nearby community. Ecology is managing these funds and intends to use them to improve indoor air quality for residents living close to the warehouse truck traffic routes. The settlement funds will also help to establish a new air quality monitoring station along the truck route although this is not part of this contract scope of work.

In total, the developer estimates 4,980 new weekday daily vehicle trips will result from warehouse operations. Approximately 1,400 truck trips per day (80% of the total) will travel north and south along Union Ave and adjacent to many residential properties. There are approximately 200-250 residences that are located within 300-500 m of the warehouse truck traffic routes along the northern boundary of the property (Figure 2, p. 8). Ecology has identified this area of highest impact as a priority for implementing indoor air quality improvements (Figure 3, p. 9).

Figure 1. Bridge Point Settlement Boundary

Figure 2. Bridge Point Anticipated Truck Traffic Routes

Figure 3. Anticipated Project Priority Focus Area

About Washington State Department of Ecology:

The Department of Ecology (http://www.ecy.wa.gov/) employs about 1,700 people located in offices throughout the state of Washington. Ecology’s headquarters is located at 300 Desmond Drive SE, Lacey, WA 98503 The mission of the Ecology is to protect, preserve, and enhance Washington’s environment, and promote the wise management of air, land, and water for the benefit of current and future generations. Ecology is organized into ten environmental programs plus one administrative program with six divisions. Ecology provides services in the areas of environmental permitting; technical assistance; inspections and enforcement; contracts, grants, and loans; environmental monitoring and analysis; policy and rule development; and education and outreach.

Period of Performance The period of performance of a contract resulting from this RFP shall be from date of award to May 31, 2027. Ecology reserves the right to extend the contract for up to four (4) additional 1-year periods or portions thereof.

Amendments extending the period of performance, if any, shall be exercised at the sole discretion of Ecology and are subject to a written mutual agreement. The total contract term may not exceed five (5) years.

Funding Funding will be provided by privately funded Bridge Point settlement. Initial term budget is projected to be between $1 million and $1.3 million dollars. Any bid response in excess of these budgeted amounts will be considered non-responsive. Total funding for the project, including all extensions, shall not exceed $5 million dollars and is contingent upon total fund availability and terms of funding. Each additional extension will be funded separately at time of renewal and will be dependent on total fund availability and legally mandated utilization.

No Costs or Charges No costs or charges under the proposed Contract may be incurred before the Contract is fully executed.

Federal Provisions Nonapplicable at this time.

Acquisition Authority Ecology issues this RFP acting under the delegated authority of the Department of Enterprise Services, in accordance to Revised Code of Washington RCW 39.26, which establishes the Department of Enterprise Services and regulates the manner in which state agencies may acquire goods and services.

Authority to Bind The Director of the Department of Ecology, or the Director’s designee, is the only individual who may legally commit Ecology 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 either a fully executed Contract or specific written authorization from the Director.

Contract Formation A Proposal submitted in response to this Solicitation is an offer to contract with Ecology. A Proposal becomes a contract only when legally awarded and accepted in writing by Ecology.

Incorporation of Documents into a Contract This RFP document, any subsequent Amendments, and the Bidder’s Response will be incorporated into the resulting Contract.

Contract Type Ecology anticipates awarding a service contract for Goods and Services as a result of this RFP.

To be responsive to this RFP, Bidder must indicate a willingness to enter into a Contract substantially the same as the Sample Service Contract, attached hereto at Appendix G, by signing the Certifications and Assurances, located in Appendix A, and returning it with your bid. Bidder’s submission of a Response to this RFP constitutes acceptance of these contract terms, conditions, and requirements, unless otherwise noted in Bidder’s submittal.

The Bidder may submit exceptions to this RFP as allowed in Appendix A - Certifications and Assurances. Under no circumstances is a Bidder to submit its own standard contract terms and conditions as a response to this RFP. The terms and conditions of any other contract shall have no force or effect. Instead, Bidder is to review and identify the language in Appendix G, Sample Service Contract and its attached General Terms and Conditions that the Bidder finds problematic, state the issue, and propose the specific language or contract modification that the Bidder is requesting changed, and then attach such to Appendix A, Certification and Assurances, as a proposal submittal.

Ecology expects the Contract signed with the Apparent Successful Bidder (ASB) to be substantially the same as the Sample Service Contract, attached hereto at Appendix G. Any specific areas of dispute with the Sample Service Contract must be identified in the Bidder’s Response. Ecology will review any requested exceptions and accept or reject them at its sole discretion, and may, at the sole discretion of Ecology be grounds for disqualification from further consideration in the award of a Contract.

The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during negotiation of the final Contract.

Definitions For a complete list of definitions review those definitions in Chapter 39.26 RCW, all terms contained herein will be read consistently with those definitions.

In addition to the definitions identified in the Appendix G, Sample Service Contract, and its attached Appendix C, General Terms and Conditions, the following definitions apply for the purposes of this RFP include:

“ASB” means Apparent Successful Bidder (Proposer).

“Bid” means a written offer in response to a solicitation from the Department of Ecology to perform a Contract to provide labor, materials, supplies, services, and/or equipment.

“Bidder” means an individual or entity who submitted a bid in response to a solicitation from the Department of Ecology.

“Contractor” means individual or entity who’s Proposal has been accepted by Ecology and is awarded a fully executed, written contract.

“DES” means state of Washington Department of Enterprise Services.

“Ecology” means state of Washington Department of Ecology.

“Proposal” means a written offer in response to a solicitation from the Department of Ecology to perform a Contract to provide labor, materials, supplies, services, and/or equipment.

“Proposer” means the individual or entity who submitted a proposal in response to a solicitation from the Department of Ecology.

“Response” means bid or proposal.

“RFP” means Request for Proposal.

“Services” means labor, work, analysis, or similar activities provided by a Contractor relating to the solicitation to accomplish a specific scope of work.

“SOW” means Statement of Work, a written agreement between Department of Ecology and the Contractor for services to be accomplished under the terms and conditions of the resulting Contract from a Request for Proposal.

“WEBS” means Washington’s Electronic Business Solution, the state vendor registration and Bidder notification system maintained by the Washington State Department of Enterprise Services located at: Doing Business with the State | Department of Enterprise Services (wa.gov).

ADMINISTRATIVE REQUIREMENTS

Procurement Coordinator The Procurement Coordinator is the sole point of contact in Ecology for this RFP. Communications directed to parties other than the Procurement Coordinator may result in the disqualification of the Bidder. All oral communications will be considered unofficial and non-binding on Ecology. Bidders should rely only on written statements issued by the Procurement Coordinator.

The Procurement Coordinator may be reached as follows:

Procurement Schedule The following table identifies important dates for this Competitive Solicitation:

11:59 pm (Pacific Time)

ECY Action Items (Anticipated dates, subject to change)

Note: As required by Washington law, this Competitive Solicitation is posted to Washington’s Electronic Business Solution (“WEBS”). See RCW 39.26.150. Interested Bidders must register in WEBS. In the event there are amendments to this Competitive Solicitation, Ecology will post such amendments to WEBS. Similarly, in the event of any timely Bidder questions (i.e., questions raised during the Pre-Bid Conference or the Question & Answer Period), Ecology will post written responses to such questions to WEBS.

Pre-Bid Conference Ecology will host a pre-bid conference to address this Competitive Solicitation’s requirements as indicated in Section 2.2 above and held at the time and location indicated below. While attendance is not mandatory, vendors are encouraged to attend and actively participate.

The Pre-Bid Conference is intended to:

· Familiarize Bidders with Washington’s requirements for governmental procurements;

· Explain the Competitive Solicitation; and

· Allow Bidders to raise questions or concerns regarding the Competitive Solicitation.

As practicable, Ecology will address Bidder questions or concerns raised during the Pre-Bid Conference at that time as well as any initial questions or concerns submitted. Nonetheless, to ensure fairness to all potential Bidders, Ecology will ultimately identify all Bidder questions or concerns asked and received by the Deadline for Submitting Questions date and will provide an official response to all questions according to the timeline set forth in Section 2.2. Assistance for disabled, blind, or hearing-impaired persons who wish to attend the Pre-Bid Conference is available with prior arrangement by contacting the Procurement Coordinator.

Virtual PRE-BID CONFERENCE LOCATION:

Microsoft Teams Meeting Join the meeting now Meeting ID: 246 984 485 807 163 Passcode: XH9UT3sE Dial in by phone +1 564-999-2000,,732238446# United States, Olympia Find a local number Phone conference ID: 732 238 446#

DATE AND TIME:

Thursday, April 23, 2026 9:00 AM – 10:00 AM, Pacific Time

WEBS Registration Ecology will use Washington's Electronic Business Solution (WEBS) exclusively for the issuance of this RFP and all RFP updates (i.e., addenda, amendments, answers to submitted questions, etc.). Vendors are responsible for checking WEBS for any changes to the RFP.

Bidders are solely responsible for:

1. Properly registering with the Department of Enterprise Services’ WEBS at Doing Business with the State | Department of Enterprise Services (wa.gov).

2. Maintaining an accurate vendor profile in WEBS with the correct contact information.

3. Downloading the solicitation consisting of the RFP with all attachments and exhibits related to the solicitation for which you are interested in bidding; downloading all current and subsequent amendments to the solicitation.

To ensure receipt of all solicitation documents, the RFP for this solicitation must be downloaded from WEBS. Notification of amendments to the solicitation will only be provided to those vendors who have registered with WEBS and have downloaded the RFP from WEBS. Failure to do so may result in a potential Bidder having incomplete, inaccurate, or otherwise inadequate information, or a Bidder submitting an incomplete, inaccurate, or otherwise inadequate Proposal.

Bidders and potential Bidders accept full responsibility and liability for failing to receive any amendments resulting from their failure to register with WEBS and download the RFP from WEBS, and hold the state of Washington harmless from all claims of injury or loss resulting from such failure. Contact the WEBS Customer Service for any questions regarding the WEBS registration process at (360) 902-7400.

Bidder Questions and Answers Bidders are responsible for communicating to the RFP Procurement Coordinator any issues, exceptions, additions, or omissions concerning the solicitation. Specific questions or comments concerning the RFP must be submitted to the RFP Procurement Coordinator via email by the date and time set forth in the Procurement Schedule identified herein.

The solicitation designates a particular time period for vendor questions and comments in order to help in the procurement process. Early submission of questions and comments is encouraged. For questions received after the Question/Answer Period, in the interest of maintaining the procurement process, Ecology reserves the right at its sole discretion whether to provide an answer.

An answer to any vendor question given orally or via email is considered as tentative, unofficial, and non-binding on Ecology. For any changes to the RFP as a result of vendor questions or comments will be issued via a written amendment by the RFP Procurement Coordinator and provided to vendors through WEBS, this will assure accurate and consistent responses to all vendors.

RFP Amendments Prior to submittal due date and time, Ecology reserves the right to change portions of this solicitation. Any changes or corrections will be by one (1) or more written amendment(s), dated, attached to or incorporated in and made a part of this solicitation document. All changes must be authorized and issued in writing by the Procurement Coordinator. If there is any conflict between amendments, or between an amendment and the RFP, whichever document was issued last in time shall be controlling.

Only Bidders who have properly registered and downloaded the original solicitation directly via WEBS system will receive notification of amendments and other correspondence pertinent to the procurement. Ecology shall use WEBS for all updates (i.e., addenda, amendments, answers to questions, etc.). Vendors are responsible for checking WEBS for any changes to the RFP.

In the event it becomes necessary to revise any part of this RFP, addenda will be placed on the Department of Enterprise Service’s WEBS website WEBS (wa.gov)Bid Opportunities | Department of Enterprise Services (wa.gov).

Submission of Proposals Due date and time: All bid submittals must be received by the Procurement Coordinator no later than the due bid date and time specified in the Procurement Schedule at the specific location identified on cover page of this solicitation.

Bidders are responsible for the timely submission of their bids. Bids not received by the date and time specified, or at location other than that specified, will not be accepted and shall be disqualified from further consideration.

For emails, the "receive date/time" posted by the Ecology’s email system will be used as the official time stamp for the time of receipt for their response. Bidders should allow sufficient time to ensure timely receipt of the email. Ecology assumes no responsibility for delays and or errors caused by Bidder’s e-mail, Ecology’s email, network events, or any other party.

Bidders assume full responsibility for timely, correct, and complete receipt of all submissions to the Procurement Coordinator. It is the Bidder’s responsibility to contact the Procurement Coordinator to verify that the items submitted are received in complete and usable form.

Bid Submittal: Submit an electronic copy of the bid submittal to the Procurement Coordinator identified on the cover page. Electronic copy must be in either Microsoft or Adobe product formats.

Bids must be legible and properly signed by an authorized representative of the Bidder. Electronic digital signatures are accepted. The Bidder may submit a scanned PDF with original signatures for the bid documents that require the signature of an authorized Bidder representative. Unsigned Bids will be rejected on opening unless satisfactory evidence was submitted clearly establishing the Bidder’s desire and intent to be bound by their Bid, such as a signed cover letter. Incomplete or illegible Bids may be rejected as nonresponsive.

Identification and Delivery: To facilitate proper delivery and processing, bids sent by email are to include in the subject line the RFP number and title.

Proposal Presentation and Organization Bidders are encouraged to label and organize their Proposal Response in the format outlined in Appendix I, Response Checklist for ease of evaluation.

Standard brochures are not to be included in the Proposal submittals. There should not be any unnecessary attachments, enclosures, or exhibits. Any electronic submittals shall be in Microsoft Office or Adobe .pdf formats.

Cost of Response Preparation Ecology will not reimburse Bidders for any costs associated with preparing or presenting a Response to this RFP.

Response Property of Ecology All materials submitted in response to this solicitation become the property of Ecology, unless received after the deadline in which case the Response will be returned back to the sender. Ecology has the right to use any of the ideas presented in any material offered that is not proprietary to the Bidder, selection or rejection of a Response does not affect this right.

Proprietary or Confidential Information In accordance with RCW 39.26.030, all records submitted to the Department of Ecology relating to state procurement are exempt from public disclosure prior to the announcement of the apparent successful Bidder. Upon receipt of a bid and until such announcement is issued, Department of Ecology will withhold Bidder submissions and deny disclosure in the event a request for public inspection or copying is made pursuant to Chapter 42.56 RCW.

However, once the apparent successful bidder announcement is issued, Department of Ecology will withhold information marked confidential or proprietary only to the extent Ecology believes information is exempt under applicable laws. When a third party requests a Bidder’s information, Ecology may or may not notify the affected Bidder prior to releasing. In the event of such notification, the Bidder must obtain a court order enjoining disclosure or Department of Ecology will release the information on the date specified.

Errors in Response Bidder is liable for all errors or omissions contained in their Proposal Response. Bidders will not be allowed to alter Response documents after the deadline for Proposal submission. Ecology is not liable for any errors in Responses. Ecology reserves the right to contact a Bidder for clarification of Response contents.

In those cases where it is unclear to what extent a requirement or price has been addressed, the Procurement Coordinator may contact a Bidder to clarify specific points in the submitted Response. However, under no circumstances will the responding Bidder be allowed to make changes to the proposed items after the deadline for Proposal submissions.

Waive Minor Administrative Irregularities Ecology reserves the right to consider the actual level of Bidder’s compliance with the requirements specified in this solicitation and to waive informalities in a Proposal. Informality is an immaterial variation from the exact requirements of the competitive solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to Bidders.

Ecology reserves the right, at its sole option, to make corrections to a Bidders’ Responses when an obvious arithmetical error has been made in the price quotation for Proposal evaluation purposes. Bidders will not be allowed to make changes to their quoted price after the Response submission deadline.

Responsiveness All Proposals will be reviewed by the RFP Procurement Coordinator to determine compliance with bid administrative requirements and instructions specified in this RFP. Bidders are specifically notified that failure to comply with any part of the RFP may result in rejection of the Proposal as non-responsive. Any Proposal that is rejected as non-responsive will not be evaluated for award.

Bidders who do not meet minimum qualifications (refer to Section 4.1) will be rejected as non-responsive and will not receive further consideration.

Exclusive Use This RFP is being issued for Ecology’s exclusive use for the purpose set forth in this RFP. The results of this RFP may not be used to satisfy the competitive requirements of any other agency that may choose to purchase similar Products/Services directly from the Apparent Successful Bidder.

Americans with Disabilities Act (ADA) Ecology complies with the ADA and related federal and state laws and regulations. To request ADA reasonable accommodations for public access and mobility for attending meetings, printed materials in a format for the hearing or visually impaired, or ADA parking please contact the Procurement Coordinator. Persons with impaired hearing may call Washington Relay Service at 711 and those with speech disability may call TTY at 877-833-6341. Vendors may contact the Procurement Coordinator to receive this solicitation in Braille or on tape.

Nondiscrimination Nondiscrimination Requirement. During the term of this Contract, Bidder, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3).

Nondiscrimination Certification. Pursuant to legislative enactment, Bidder shall certify it has not willfully violated Washington’s nondiscrimination law, RCW 49.60.530(3), 9 RCW. Refer to RCW 39.26.160 (2) (f) for requirements. Bidder is to submit a completed certification for Nondiscrimination Certification form in Appendix E – Nondiscrimination Certification with their response. Bidder is to review requirements for nondiscrimination in the General Terms and Conditions, Appendix, G, Sample Service Contract.

Small Businesses and Diverse Businesses ECOLOGY, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded Bidders. Review, e.g., RCW 39.19 (OMWBE certified businesses); RCW 43.60A.200 (WDVA Certified Veteran-Owned Businesses); and RCW 39.26.005 (Washington Small Businesses).

Minority and Women Owned Business Enterprises (MWBE) In accordance with the legislative findings and policies set forth in RCW 39.19, the state of Washington encourages participation in all of its Contracts by Minority and Women Owned Business Enterprise (MWBE) firms either self-identified or certified by the Office of Minority and Women’s Business Enterprises (OMWBE). While the state does not give preferential treatment, it does seek equitable representation from the minority and women’s business community.

Participation may be either on a direct basis in response to this Solicitation or as a Subcontractor to a Contractor. However, unless required by federal statutes, regulations, grants, or Contract terms referenced in the original Solicitation, no preference will be included in the evaluation of Bids and Proposals, no minimum level of MWBE participation shall be required as condition for receiving an award, and Bids and Proposals will not be evaluated, rejected or considered non-responsive on that basis.

Any affirmative action requirements set forth in federal regulations or statutes included or referenced in the original Solicitation will apply. Bidders may contact Office of Minority and Women’s Business Enterprises (OMWBE) to obtain information on certified firms for potential sub-contracting arrangements. Nothing in this section is intended to prevent or discourage Bidders from inviting others from participation from non MWBE firms as well as MWBE firms. For questions regarding the above, contact OMWBE toll free at 866-208-1064.

Bidders who are MWBE or intend to use MWBE Subcontractors are encouraged to identify the participating firm(s) on Appendix B.

Wage Laws and Workers’ Rights Certifications Pursuant to legislative enactment in 2017, Bidder shall certify it has not willfully violated Washington’s wage laws, Title 49 RCW. Review RCW 39.26.160 (2) (f) for requirements.

Bidder is to submit the completed certification for Wage Laws Certification form in Appendix C – Wage Laws Certification with their response.

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

Bidder is to submit the completed certification for Workers’ Rights Certification form in Appendix D – Workers’ Rights Certification with their response.

Non-Endorsement and Publicity Neither Ecology nor the end users are endorsing the Bidder’s Products or Services, nor suggesting that they are the best or only solution to their needs. Bidder agrees to make no reference to Ecology, any end user or the state of Washington in any literature, promotional material, brochures, sales presentation or the like, regardless of method of distribution, without the prior review and express written consent of Ecology.

No Best and Final Offer Ecology 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 that the Bidder can propose. There will be no best and final offer option, unless at the sole discretion of Ecology it is determined to be in the best interest of the state.

No Obligation to Contract/Buy Ecology reserves the right to refrain from contracting with any and all Bidders. Neither the release of this solicitation document nor the execution of a resulting Contract obligates Ecology to make any purchases.

Rejection of Proposals Ecology 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.

Right to Cancel Ecology reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

Award Intent Only one (1) successful Bidder will be identified via this procurement. Ecology intends to award only one (1) Contract.

Insurance Coverage The Successful Bidder is required to obtain insurance to protect the State should there be any claims, suits, actions, costs, or damages or expenses arising from any negligent or intentional act or omission of the Contractor or its Subcontractor(s), or their agents, while performing work under the terms of any Contract resulting from this solicitation. Review Appendix G, Sample Service Contract, for a description of the insurance requirements.

1.1 Subcontractor Participation Monitoring and Reporting

Once a contract is awarded through the solicitation or proposal process, the awarded Prime Contractor is obligated to complete the vendor registration in Access Equity. Access Equity is a secure online vendor management system (B2GNow). Confidential information (Tax ID, etc.) will not be published. Prime Contractors that have previously registered with B2Gnow for any public entity must verify the system has updated information. Contractors can access the system at https://omwbe.diversitycompliance.com/ or through a direct link on the Office of Minority and Women’s Business Enterprises (OMWBE) website at: https://omwbe.wa.gov/.

Each month during the contract, the Prime Contractor will report payments to ALL Subcontractors through the Access Equity system. This monthly reporting information includes total payment in dollars made to the Subcontractor, payment dates, and any additional information required to verify payment to Subcontractors. The Prime Contractor will enter this payment information into the Access Equity system, and the Subcontractors will verify this payment information in the system. Online training is available through the Access Equity/B2Gnow system. This requirement applies to both Prime Contractors and Subcontractors.

For further information and reporting requirements review Appendix G, Sample Service Contract.

EVALUATION AND CONTRACT AWARD PROCESS

Basis for Evaluation Contract award shall be made to the lowest Responsive and Responsible Bidder based on the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 39.26 and preferences in state law.

Ecology reserves the right subject to the provisions of RCW 39.26.160 to: (1) Waive any informality; (2) Reject any or all Bids, or portions thereof; (3) Accept any portion of the items bid unless the Bidder stipulates all or nothing in their Bid; (4) Cancel a solicitation and re-solicit Bids; (5) Negotiate with the highest scoring Responsive and Responsible Bidder to determine if that Bid can be improved for the Purchaser; (6) Award on an all or none consolidated basis taking into consideration “lifecycle costs”; and, (7) Award in aggregate when in the best interest of the state.

Ecology seeks to acquire the goods/services that best meet the State’s needs and offers best value in the interest of the state.

Responses will be evaluated on the basis of the information provided in the Bidder’s Proposal. Bidders are not to assume that the evaluators know anything about the Bidder or its proposed solution. Therefore, it is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the Proposal. Failure of a Bidder to provide such may result in the Bidder receiving a low evaluation score or being deemed non-responsive.

Due to the complex nature of this RFP, the Evaluation Team, during the course of their evaluation, may consult with other technical experts within Ecology to ensure that they understand the Bidder’s response to those requirements in order to assign appropriate scoring. Such technical experts are not part of the Evaluation Team and will not assign scores.

Evaluation Process The evaluation process is designed to award the Contract to the Bidder with the best combination of attributes as demonstrated in the Bidder’s Proposal. Scores are based on the evaluation of the Bidder’s responses to the requirements in this RFP.

Step 1: Responsiveness Evaluation Proposals will be reviewed initially by the Procurement Coordinator to determine on a pass/fail basis compliance with administrative requirements of this RFP. Responses meeting the administrative requirements will then be reviewed on a pass/fail basis to determine if the Response meets the Mandatory requirements (M) outlined in Sections 4 – Vendor Requirements and Submittals, and the Bidder meets the Minimum Bidder Qualifications. Only Proposals that satisfactorily pass the Responsiveness Review will be further evaluated. Ecology reserves the right to determine at its sole discretion whether Bidder’s Response to a Mandatory requirement is sufficient to pass.

If the Bidder does not pass the Responsiveness Evaluation they will be deemed non-responsive and will not be further evaluated.

Step 2: Evaluation of Written Proposals Ecology will use the Evaluation Criteria to evaluate and score Bidder’s responses to the scored requirements (MS) in Section 4 - Vendor Requirement and Submittals. The evaluation of Bids shall be accomplished by an evaluation team, to be designated by Ecology, which will determine the scoring of the Bids.

Step 3: Bidder Interviews with the top candidates (Optional) Ecology may select top scoring Bidder(s) from Step 2 to be invited to participate in a Bidder Interview. Ecology reserves the right to select and award to a Bidder without conducting interviews.

Step 4: Reference Evaluation For the top scoring Bidder(s) advanced from Step 2 or Step 3, the Evaluation Team may contact references. References may be used to assist in the evaluation of timeliness, performance, industry knowledge, and customer service.

Ecology reserves the right to contact references supplied by the Bidder and to contact others who may have pertinent information regarding the Bidder’s prior experience and ability to perform the services contemplated in this procurement and use such in the evaluation process. Ecology reserves the right to select and award a Bidder without conducting reference evaluations. If a Bidder does not pass the Reference Evaluation, they may be deemed non-responsive and will not be further evaluated.

Step 5: Final Score Tabulation Upon completion of Steps 1-4, the RFP Procurement Coordinator will sum scores to figure the final score for each Bidder and consider other evaluation information to determine the Apparent Successful Bidder.

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

Evaluation Scoring Points The evaluation scores assign a relative importance for each scored topic. Scores for Level 1 and Level 2 will be added together resulting in the total points awarded.

PROCUREMENT EVALUATION FOR EXECUTIVE ORDER 18-03 (FIRMS WITHOUT MANDATORY INDIVIDUAL ARBITRATION FOR EMPLOYEES). Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations. Ecology will evaluate bids for best value and provide a bid preference identified herein to any Bidder who certifies, pursuant to the certification attached as Appendix D, Workers’ Rights Certification for Executive Order 18-03, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

The following points will be assigned for evaluation purposes:

EVALUATION LEVEL 2

Scoring Process Evaluations of the written response to this RFP will be as follows:

“(M)” or “Mandatory” shall mean the Bidder must comply with the requirement and the Response will be evaluated on a pass or fail basis. For Mandatory requirements (M), the Response must indicate whether or not the Bidder or its proposed Products/Services meet the requirement and provide all information requested. A statement, “(Bidder’s Name) has read, understands, and fully complies with this requirement” is acceptable, along with any additional information requested.

“(MS)” or “Mandatory Scored” shall mean the Bidder must comply with the requirement and the Response will be scored. For Mandatory Scored (MS) items, the Response must indicate whether or not the Bidder or its proposed Products/Services meet the requirement, and describe how the proposed Bidder’s Products/Services will accomplish each requirement.

Failure to follow these above instructions may result in disqualification.

Substantially Equivalent Scores When evaluation of the proposals produces numerical ratings that are substantially equivalent, i.e., final scores separated by two percent (2%) or less of the final score, Ecology reserves the right to award the Contract to the Bidder whose Proposal is deemed to be in Ecology’s best interest.

Bidder Interview Ecology, at its sole discretion, may elect to select a number of top scoring Bidders from the written evaluations for an oral presentation. Ecology will contact the top Bidders to schedule a date, time, and location for a Bidder Interview. Ecology reserves the right to select and award to a Bidder without conducting an interview based on Bidder’s score.

The Bidder presentation will include review and confirmation of the Bidder’s Proposal, and may include service and product description and demonstration, demonstration of Bidder’s capabilities, etc. to aid in the evaluation of the Bidder. Representations made by the Bidder during the oral presentation will be considered binding. If an interview is requested, Ecology will prepare a list of technical questions for the Bidder to answer in a sixty to ninety (60-90) minute time period. The answers to the questions will be scored to aid in the evaluation of the bid.

If possible, the Bidder’s proposed Project Manager and key staff who will be providing the services should participate. The score from the Bidder presentation will be used to help determine the Apparent Successful Bidder.

Selection of Apparent Successful Bidder Apparent Successful Bidder (ASB) selection begins after all evaluation steps are completed as outlined in Section 3 – Evaluation and Contract Award Process.

Based on the evaluation process, the Bidder with the highest total score that best meet the State’s needs and offers the best value in the interest of Ecology will be declared the ASB.

Notification of Apparent Successful Bidder All Bidders responding to this solicitation will be notified when Ecology has determined the ASB. The date of announcement of the ASB will be the date of the notification from Ecology. The Bidders will be notified via email from DES/WEBS of the ASB determination.

Designation as an ASB does not imply that Ecology will issue an award to your firm. It merely suggests that at this moment in time Ecology believes your bid to be responsive. This designation allows Ecology to perform a further responsiveness and responsibility analysis and ask for additional documentation. Ecology is also at liberty to re-review and determine whether the bid is truly responsive as initially believed. The Bidder must not construe this as a notification of award, impending award, an attempt to negotiate, etc. If you act or fail to act in reliance of this notification, you do so at your own risk and expense.

Contract Negotiations with Apparent Successful Bidder After the notification of the ASB, Ecology may enter into contract negotiations with the ASB, which may include discussion regarding the terms of the Contract. Contract negotiations may result in incorporation of some or the Bidder’s entire Bid. The Bidder should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. It is also understood that the Bid will become part of the contract and the official file.

Should contract negotiations fail to be completed within one (1) month after initiation, Ecology may immediately cease contract negotiations and declare the Bidder with the next highest score as the new Apparent Successful Bidder and enter into contract negotiations with that Bidder.

The ASB will be expected to execute the Contract within ten (10) Business Days of its receipt of the final Contract. If the selected Bidder fails to sign the Contract within the allotted ten (10) days timeframe, Ecology may elect to cancel the award, and award the Contract to the next ranked Bidder, or cancel or reissue this solicitation (Refer to Subsection 2.25 - Right to Cancel).

Debriefing of Unsuccessful Bidders Only Bidders who submit a Response may request an optional debriefing conference to discuss the evaluation of their Response.