RFP EJ Hydrogen Toolkit.pdf

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR PROPOSALS (RFP)

RFP NO. 52251- 01

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

PROJECT TITLE: Environmental Justice Toolkit for Hydrogen Developers

PROPOSAL DUE: January 6, 2024 at 4:00 P.M., Pacific Time, Olympia, WA

ESTIMATED TIME PERIOD FOR CONTRACT: February 11, 2025 – June 30, 2025

PROPOSER ELIGIBILITY: This RFP is open to those proposers which satisfy the minimum qualifications stated herein and are available for work in Washington.

FUNDING SOURCE AND METHOD: This is state Climate Commitment Act funding.

Payments will be made on a reimbursement basis for deliverables accepted and/or allowable time and expenses.

CONTENTS OF THE REQUEST FOR PROPOSALS:

1. Introduction

2. General Information for Proposers

3. Proposal Contents

4. Evaluation and Award

5. Exhibits

Table of Contents

1. INTRODUCTION

PURPOSE AND BACKGROUND

OBJECTIVES AND SCOPE OF WORK

MINIMUM QUALIFICATIONS

FUNDING

MANDATORY AWARD TO SMALL OR VETERAN-OWNED BUSINESS

PERIOD OF PERFORMANCE

CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

DEFINITIONS

ADA

2. GENERAL INFORMATION FOR PROPOSERS

RFP COORDINATOR

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

QUESTION AND ANSWER PERIOD

PRE-PROPOSAL CONFERENCE

SUBMISSION OF PROPOSALS

PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE

REVISIONS TO THE RFP

DIVERSE BUSINESS INCLUSION PLAN

ACCEPTANCE PERIOD

COMPLAINT PROCESS

RESPONSIVENESS

MOST FAVORABLE TERMS

CONTRACT GENERAL TERMS & CONDITIONS

COSTS TO PROPOSE

NO OBLIGATION TO CONTRACT

REJECTION OF PROPOSALS

COMMITMENT OF FUNDS

ELECTRONIC PAYMENT

INSURANCE COVERAGE

3. PROPOSAL CONTENTS

LETTER OF SUBMITTAL (MANDATORY)

CERTIFICATIONS AND ASSURANCES (MANDATORY)

TECHNICAL PROPOSAL (SCORED)

MANAGEMENT PROPOSAL

COST PROPOSAL

4. EVALUATION AND CONTRACT AWARD

EVALUATION PROCEDURE

EVALUATION BREAKDOWN

VIRTUAL PRESENTATIONS MAY BE REQUIRED

NOTIFICATION TO PROPOSERS

DEBRIEFING OF UNSUCCESSFUL PROPOSERS

PROTEST PROCEDURE

5. RFP EXHIBITS

Exhibit A Certifications and Assurances Exhibit B Diverse Business Inclusion Plan Exhibit C Workers’ Rights Certification Exhibit D Small or Veteran-Owned Business Certification Exhibit E Service Contract Format with General Terms and Conditions

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1. INTRODUCTION

PURPOSE AND BACKGROUND

The Washington Department of Commerce, hereafter called "COMMERCE,” is initiating this Request for Proposals (RFP) to solicit Proposals from those qualified and interested in participating in a project to develop a hydrogen environmental justice toolkit.

The 2024 operating budget provided funding through proviso 130 (24) for several green electrolytic hydrogen activities including an environmental justice toolkit for hydrogen project developers. There is up to $200,000 in state funding through the operating budget (Climate Commitment Account) for this work. The concept for this project was borne out of various stakeholder conversations leading up to the 2024 legislative session, and was a recommendation in Commerce’s recent legislative report Green Electrolytic Hydrogen and Renewable Fuels: Recommendations for Deployment in Washington.

COMMERCE intends to award one contract to provide the services described in this RFP.

OBJECTIVES AND SCOPE OF WORK

Commerce seeks the development of a toolkit that is focused on providing guidance and steps that hydrogen project developers should take when planning hydrogen projects in Washington state. The toolkit should strive to provide relevant context about environmental justice and community engagement, while focusing on delivering a succinct and useable set of tools and recommendations that can help to shape the planning and decisions of actual hydrogen projects in Washington.

The working concept for this toolkit is anticipated to include the following elements:

Environmental justice background context o Overview and summary of relevant definitions (environmental justice, energy justice, federal and state designations of overburdened/disadvantaged communities, etc.)

o Summary of relevant laws, including the HEAL Act o High level explanations of benefits of incorporating EJ in projects (equitable outcomes, improved community support impacting timelines, etc.)

Specific recommendations for engagement strategies o This should draw on best practices recommended in Commerce’s Community Engagement plan, White House Environmental Justice Task Force recommendations, stakeholder engagement resources and best practices from the Pacific Northwest National Laboratory, or others o Succinct list of best practices presented in clear, useable format, such as a checklist o Case studies representing good and poor outcomes based on community engagement would be helpful, both in clean energy development applications and beyond

Information regarding specific points in the hydrogen supply chain where EJ considerations may arise, and recommendations o Overview of hydrogen supply chain including different kinds of production, transportation, storage, and use o Identification of specific places where risks for environmental or environmental health benefits or may occur o Recommendations specific to each stage that can help project developers working in that area to make choices that will improve EJ outcomes o This should draw on the EJ chapter in Commerce’s hydrogen report, and other resources and literature on equity and justice considerations related to hydrogen, including the Just Solutions Hydrogen EJ Framework, and Washington-specific insights from internal and external partners https://deptofcommerce.app.box.com/s/widfnmxbo8ijt3uozpoq91jzapu4dhae https://deptofcommerce.app.box.com/s/widfnmxbo8ijt3uozpoq91jzapu4dhae https://www.epa.gov/environmentaljustice/white-house-environmental-justice-advisory-council https://www.pnnl.gov/projects/environmental-justice/stakeholder-engagement https://justsolutionscollective.org/our-work/hydrogen-ej-framework/

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Guidance on developing and deploying a project-specific community and tribal engagement plan o Guidance on integrating common input and/or addressing critical concerns gathered during community and tribal engagement in project plans and decision-making

Guidance on developing and implementing a community benefits plan

The scope of work also includes developing recommendations regarding:

What kinds of information Commerce might request or require for those using the toolkit, such as completing an online survey following toolkit use, submission of a Community Benefits Plan (CBP) or similar tool, or other methods.

How Commerce/Washington state can maximize the impact of this toolkit, such as ways to incentivize or require its use in certain processes. This should include consideration of possible strategies connected to existing or proposed efforts such as ways to incorporate into development/use of a programmatic EIS (PEIS) for green hydrogen, connection to tax incentives for hydrogen production or use, or other strategies.

How the use of this toolkit should interact with other processes where there could be overlap? This includes whether or not use of the toolkit would be needed for projects already implementing a CBP as part of a Regional Clean Hydrogen Hub or other projects where CBPs are required.

Communications

It is anticipated that final documents – especially a toolkit, CBP template, online spreadsheet or related deliverable – will be clearly laid out, designed to be easy to use, and accessible to the public.

Inclusion of team members specializing in written and visual communications or plans for sub-contracting with a consultant/firm to contribute to accessible, easy-to-use final products will be helpful to increase usability of the deliverables.

Deliverables The following deliverables will be completed as part of this contract:

Environmental justice for hydrogen projects: recommendations to Commerce o A final document shared with Commerce that provides information about recommended approach, data to be included in a toolkit, sources, and other recommendations including how the toolkit should be used o Recommendations for next steps on community engagement and vetting of the concept and tools with community organizations, tribal representatives, industry representatives and others

EJ Toolkit/tool for project developers o Final PDF document recommended for use by hydrogen project developers in

Washington including information described in the scope of work o This is expected to be made available on Commerce’s Office of Renewable

Fuels web page (for download) and shared by email Public summary of how to use the toolkit – short background and recommendations for how to use the toolkit, also to be published online to explain intended use Slide deck – with key information about the toolkit recommendations, methodology and sources consulted, and recommended use A Spanish-translated version of the EJ Toolkit, public toolkit summary, and slide deck

(formatted similarly to English language versions) Templates for how information can be shared back with Commerce after use of the toolkit, such as a Smartsheet form, CBP template, or others.

Following completion of the toolkit, Commerce will evaluate ways to maximize use of and benefits from the toolkit, including distribute to developers, and investigating opportunities to include it in relevant materials/correspondence for state permitting processes, state incentives, or other opportunities.

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The toolkit project will be managed by Commerce and developed by a contracted consultant.

Commerce will help to arrange for meetings and input from Commerce staff and external partners to provide support and guidance.

MINIMUM QUALIFICATIONS

Note: For an Application to be considered responsive, the Application must clearly demonstrate how all minimum qualifications are met.

Minimum qualifications include:

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

Five or more years of experience in/with environmental or energy justice and/or community engagement policies or projects.

Demonstrated understanding of the hydrogen industry, including supply chain and production issues.

Demonstrated understanding of common environmental justice considerations related to the hydrogen supply chain

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

FUNDING

COMMERCE has budgeted an amount not to exceed $ 200,000 for this project. Proposals in excess of this amount will be considered non-responsive and will not be evaluated. In the event additional funding becomes available during the period of performance, any contract awarded may be amended to provide for additional related services. Additional funding is not guaranteed.

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

MANDATORY AWARD TO SMALL OR VETERAN-OWNED BUSINESS

As of April 1, 2023, COMMERCE is required to award competitively procured service contracts with an initial value less than $150,000 to the highest-ranked responsive and responsible Small or Veteran- Owned Business, unless there was no responsive and responsible Proposal from a Small or Veteran- Owned Business. Any ties may be resolved by virtual presentations, the results of reference checks, or other means. This does not apply to grants, pass-through funding, or any RFP in which for-profit entities are not eligible. This also does not apply to any RFP with a federal funding source.

See Exhibit D for Small and Veteran-Owned Business certification.

PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about February 11, 2025 and to end on June 30, 2025. Amendments extending the period of performance, if any, shall be at the sole discretion of COMMERCE.

COMMERCE reserves the right to extend the contract for two one-year periods.

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CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

Specific restrictions apply to contracting with current or former state employees pursuant to chapter

42.52 of the Revised Code of Washington (RCW). Proposers are encouraged to familiarize themselves with the requirements prior to submitting a Proposal that includes current or former state employees.

DEFINITIONS

Definitions for the purposes of this RFP include:

Apparent Successful Contractor/Bidder/Vendor/Grantee/Awardee: The Proposer selected to perform the anticipated services, subject to successful completion of contract negotiations and execution of a written contract.

COMMERCE or AGENCY: The Department of Commerce is the agency of the state of Washington that is issuing this RFP.

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

Contractor: Individual or organization whose Proposal has been accepted by COMMERCE and is awarded a fully executed, written contract. Also called Grantee, Awardee, Recipient, or Vendor.

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

Environmental justice: the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, rules, and policies. Environmental justice includes addressing disproportionate environmental and health impacts in all laws, rules, and policies with environmental impacts by prioritizing vulnerable populations and overburdened communities, the equitable distribution of resources and benefits, and eliminating harm. (RCW 70A.02.010)

Green electrolytic hydrogen: hydrogen produced through electrolysis. It does not include hydrogen manufactured using steam reforming or any other conversion technology that produces hydrogen from a fossil fuel feedstock. In this definition water is the feedstock for the hydrogen, while the electricity is not a feedstock but is the input energy or process energy used in electrolysis of the water. (RCW 43.330.560)

Proposal: A formal offer submitted in response to this Request for Proposals.

Proposer: Individual, firm, organization, company, or other entity or group of entities that submits a Proposal to attain a contract with COMMERCE.

Renewable hydrogen: Hydrogen produced using renewable resources both as the source for hydrogen and the source for the energy input into the production process (RCW 54.04.190)

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

Small business: An in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that: (a) Certifies, under penalty of perjury, that it is owned and operated independently from all other businesses and has either: (i) Fifty or fewer employees; or (ii) A gross revenue of less than seven million dollars annually as reported on its federal income tax return or its return filed with the Department of Revenue over the previous three consecutive years; or (b) Is certified with the Office of Women and Minority Business Enterprises under chapter 39.19 RCW.

Veteran-owned business: A business certified by the Washington Department of Veteran Affairs.

ADA

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COMMERCE complies with the Americans with Disabilities Act (ADA). Proposers may contact the RFP Coordinator to receive this Request for Proposals in Braille or on tape.

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2. GENERAL INFORMATION FOR PROPOSERS

RFP COORDINATOR

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

Name Chelsey Weflen

E-Mail Address Chelsey.weflen@commerce.wa.gov

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

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Proposals November 14, 2024

Question & answer period Nov 14 – Dec 16, 2024

Answers to Q&A posted no later than December 19, 2024

Pre-Proposal Conference December 4, 2024, 12:00 P.M. – 1:00 P.M.

PST

Proposals due January 6, 2024, 4:00

P.M. PST

Evaluate proposals January 9 – 15, 2025

Conduct virtual presentations with finalists, if required January 17 & 21, 2025

Announce “Apparent Successful Contractor” and send notification via e-mail to unsuccessful Proposers

January 24, 2025

Hold debriefing conferences (if requested) January 27 – 30, 2025

Negotiate contract January 23, 2025

Earliest date contract may be signed February 11, 2025

COMMERCE reserves the right to revise the above schedule.

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QUESTION AND ANSWER PERIOD

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

PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be held on December 4, 2024 at 12:00 – 1:00 p.m., Pacific time. The pre-proposal conference will be virtual only, on a platform such as Zoom or Microsoft Teams. Email the RFP Coordinator, Chelsey Weflen, at chelsey.weflen@commerce.wa.gov to receive the meeting link.

All prospective Proposers are encouraged attend; however, attendance is not mandatory.

COMMERCE will be bound only to COMMERCE written answers to questions. Questions arising at the pre-proposal conference will be documented and answered in written form. A copy of the questions and answers will be sent to each prospective Proposer that has requested the RFP Coordinator to send them RFP addenda.

SUBMISSION OF PROPOSALS

ELECTRONIC PROPOSALS:

The proposal must be received by the RFP Coordinator no later than 4:00 P.M. Pacific Time on January 6, 2025.

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

The Submittal Letter and the Certifications and Assurances form must have a scanned or digital signature of the individual within the organization authorized to bind the Proposer to the offer.

COMMERCE does not assume responsibility for problems with Proposer’s e-mail. If COMMERCE email is not working, appropriate allowances will be made.

Proposals may not be transmitted using facsimile transmission.

Proposers 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 COMMERCE e-mail is found to be at fault at COMMERCE’S sole determination.

Proposals should be sent in one email, however if more than one email is needed all must be received by the due date and time. Exceptions will not be made for partial submissions. Requests for deadline extensions will not be granted. All Proposals and any accompanying documentation become the property of COMMERCE and will not be returned. Any information received as a result of this RFP may be collected and considered for continuous improvement purposes.

PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE

Proposals submitted in response to this RFP shall become the property of COMMERCE. All Proposals received shall remain confidential until the Apparent Successful Contractor is announced; thereafter, all Proposals are subject to disclosure as provided for in Chapter 42.56 of the Revised Code of Washington (RCW).

Any information in the proposal that the Proposer desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Proposer is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right hand corner of the mailto:chelsey.weflen@commerce.wa.gov

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

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

REVISIONS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be provided via e-mail to all individuals who have made the RFP Coordinator aware of their interest. Addenda may also be published on Washington’s Electronic Business Solution (WEBS). The website can be located at https://fortress.wa.gov/ga/webs/. For this purpose, the published questions and answers and any other pertinent information shall be provided as an addendum to the RFP and will be placed on the website.

Such addenda will also be published anywhere the RFP is posted, including on COMMERCE’S public webpage, located at https://www.commerce.wa.gov/contracting/.

You may also send your name and e-mail address to the RFP Coordinator to request to receive any NOFO addenda.

COMMERCE also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract.

DIVERSE BUSINESS INCLUSION PLAN

Proposers are required to submit a Diverse Business Inclusion Plan with their Proposal describing in good faith their aspirational goals for subcontractor types. In accordance with legislative findings and policies set forth in RCW 39.19, the state of Washington encourages participation in all contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE), set forth in RCW 43.60A.200 for firms certified by the Washington State Department of Veterans Affairs, and set forth in RCW 39.26.005 for firms that are Washington Small Businesses. No minimum level of minority- or women-owned business, Washington Small Businesses, or Washington State certified Veteran Business participation is required as a condition for receiving an award. Any affirmative action requirements set forth in any federal governmental rules included or referenced in the contract documents will apply.

COMMERCE has the following agency goals:

10% participation by Minority Owned Business

6% participation by Women Owned Business

5% participation by Veteran Owned Business

5% participation by Small Businesses

ACCEPTANCE PERIOD

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

COMPLAINT PROCESS

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

https://fortress.wa.gov/ga/webs/ https://www.commerce.wa.gov/contracting/

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a) The solicitation unnecessarily restricts competition;

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

c) The solicitation requirements are inadequate or insufficient to prepare a response.

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

a) The complaint must be in writing;

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

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

d) The complaint should include a proposed remedy.

The RFP coordinator will respond to the complaint in writing. The response to the complaint and any changes to the solicitation will be posted on WEBS. The Director of COMMERCE will be notified of all complaints and will be provided a copy of COMMERCE’S response. The complaint may not be raised again during the protest period. COMMERCE’S action or inaction in response to the complaint is final.

There is no appeal process.

RESPONSIVENESS

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

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

Disqualified Proposers will be informed of the reason for disqualification; this shall constitute a debriefing conference for the purposes of Section 4.6, Protest Procedure.

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

MOST FAVORABLE TERMS

COMMERCE reserves the right to make an award without further discussion of the Proposal submitted.

Therefore, the proposal should be submitted initially on the most favorable terms which the Proposer can propose. There will be no best and final offer procedure. COMMERCE reserves the right to contact a Proposer 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 Proposer’s Proposal. The Proposal will become a part of the official procurement file on this matter without obligation to COMMERCE.

CONTRACT GENERAL TERMS & CONDITIONS

The Apparent Successful Contractor will be expected to enter into a contract which is substantially the same as the example contract and its general terms and conditions attached as Exhibit E. This sample contract is for information and review only and should not be returned with your Proposal. In no event is a Proposer to submit its own standard contract terms and conditions in response to this RFP. All proposed edits to the contract terms and conditions must be submitted as an attachment to Exhibit A, Certifications and Assurances form. COMMERCE will review requested edits and accept or reject the same at its sole discretion.

COSTS TO PROPOSE

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

NO OBLIGATION TO CONTRACT

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

REJECTION OF PROPOSALS

COMMERCE 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.

COMMITMENT OF FUNDS

The Director of COMMERCE or delegate is the only individual who may legally commit COMMERCE to the expenditures of funds for a contract resulting from this RFP. No services may begin and no cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

ELECTRONIC PAYMENT

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

INSURANCE COVERAGE

The Contractor is to furnish COMMERCE with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth within the contract if requested.

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

http://www.ofm.wa.gov/

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3. PROPOSAL CONTENTS

ELECTRONIC PROPOSALS:

To be responsive, Proposals must contain all eight items below, written in English, and submitted electronically to the RFP Coordinator in the following order:

1. Letter of Submittal

2. Certifications and Assurances (Exhibit A to this RFP)

3. Technical Proposal

4. Management Proposal

5. Cost Proposal

6. Diverse Business Inclusion Plan (Exhibit B to this RFP)

7. Workers’ Rights Certification (Exhibit C to this RFP)

8. Small or Veteran-Owned Business Certification (Exhibit D to this RFP)

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 also assist the Proposer in preparing a thorough response.

Items marked “mandatory” must be included as part of 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.

LETTER OF SUBMITTAL (MANDATORY)

The Letter of Submittal must be signed and dated by a person authorized to legally bind the Proposer to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship.

Along with introductory remarks, the Letter of Submittal must include the following information about the Proposer and any proposed subcontractors:

A. Name, address, principal place of business, telephone number, and fax number/e-mail address of legal entity or individual with whom contract would be written.

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

C. Legal status of the Proposer (sole proprietorship, partnership, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists.

D. Federal Employer Tax Identification number and the Washington Uniform Business Identification (UBI) number issued by the state of Washington. If the Proposer does not have a UBI number, the Proposer must state that it will become licensed in Washington within thirty

(30) calendar days of being selected as the Apparently Successful Contractor. State wide vendor number issued by the state of Washington, this allows you, as a vendor, to receive payments from all participating state agencies. This also allows you to receive payments by direct deposit, the state's preferred method of payment.

E. Location from which the Proposer would operate.

F. 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 Proposer’s organization. If following a review of this information COMMERCE determines that a conflict of interest exists, the Proposer may be disqualified from further consideration.

CERTIFICATIONS AND ASSURANCES (MANDATORY)

https://dor.wa.gov/businesses https://dor.wa.gov/businesses https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/statewide-vendor-number-lookup https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/statewide-vendor-number-lookup

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The Certifications and Assurances form (Exhibit A to this RFP) must be signed and dated by a person authorized to legally bind the Proposer to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Proposers wishing to submit any proposed contract edits must indicate so on this form (see Section 2.14).

TECHNICAL PROPOSAL (SCORED)

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

A. Project Approach/Methodology: Include a complete description of the Proposer’s proposed approach and methodology for the project. This section should convey Proposer’s full understanding of the proposed project.

B. Work Plan: Include all project requirements and the proposed tasks, services, activities, etc.

necessary to accomplish the scope of the project defined in this RFP. This section of the technical proposal must contain sufficient detail to convey to members of the evaluation team the Proposer’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of COMMERCE staff. The Proposer may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation. Identify any work to be completed by subcontractors but do not select subcontractors until all relevant requirements have been reviewed, including the Code of Federal Regulations if applicable.

C. Project Schedule: Include a project schedule indicating when the elements of the work will be completed. Project schedule must ensure that any deliverables requested are met.

D. Outcomes and Performance Measurement: Describe the impacts and outcomes the Proposer will achieve, including how these impacts and outcomes will be monitored, measured and reported to COMMERCE.

E. Risks: The Proposer must identify potential risks that are considered significant to the success of the project in sufficient detail to convey to members of the evaluation team the Proposer’s ability correctly assess and manage risk. Include how the Proposer will effectively monitor and manage these risks, including timely reporting of risks to COMMERCE.

F. Deliverables: Fully describe deliverables to be submitted under the proposed contract.

Deliverables must support the purpose of this RFP described in Section 1.1 and met the requirements set forth in Section 1.2.

MANAGEMENT PROPOSAL

A. Project Management (SCORED)

1. Project Team Structure and Internal Controls: Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any subcontractors. Proposers are reminded to select subcontractors only after reviewing all relevant requirements. Provide an organizational chart indicating lines of authority for personnel involved in performance of this potential contract and relationships of these staff to other programs or functions of the organization(s). This chart must also show lines of authority to the next senior level of management. Include who will have prime responsibility and final authority for the work.

2. Staff Qualifications and Experience: Identify staff, including any subcontractors, who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project.

Provide resumes for the named staff, which include information on the individual’s

P a g e | 13 particular skills related to this project, education, experience, significant accomplishments and any other pertinent information. Staff identified in the Proposal must actually perform the assigned work. Any staff substitution must have prior approval from COMMERCE.

B. Experience of the Proposer (SCORED)

1. Indicate the experience the Proposer has in the following areas. If the Proposer does not have the specified experience, explain whether the Proposer plans to seek a subcontractor with that experience or other mitigation strategy:

Experience with and understanding of key environmental justice definitions, concepts, and state and federal legislation (including but not limited to the Washington state HEAL Act and the federal Justice40 initiative)

Experience with or demonstrated understanding of the hydrogen supply chain and key determinations or decision points that may impact environmental benefits or burdens

Communications experience including the development of clear, accessible tools for use by the general public.

2. Indicate any other relevant experience that shows the qualifications of the Proposer, and any subcontractors, for the performance of the potential contract.

3. Include a list of contracts the Proposer has had during the last five years that relate to the Proposer’s ability to perform the services needed under this RFP. List contract reference numbers, period of performance, contact persons, telephone numbers, and e-mail addresses. COMMERCE may award extra points to entities that are new to state contracting, are certified women- minority, or veteran-owned businesses, or pass-through funding in its sole discretion.

C. Related Information (MANDATORY)

1. If the Proposer or any known subcontractor contracted with the state of Washington during the past 24 months, indicate the name of the agency, contract number, project description and/or other information available to identify the contract.

2. If any member of the Proposer’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.

3. If the Proposer has had any contract terminated for default in the last five years, describe such incident. Termination for default, also called termination for cause, is defined as notice to stop contract work for reasons related to contract performance and/or compliance and the termination 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.

4. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Proposer’s position on the matter. COMMERCE 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 Proposer in the past five years, so indicate.

5. References (MANDATORY)

List names, addresses, telephone numbers, and e-mail addresses of three (3) business references for the Proposer and 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 COMMERCE staff as references. By submitting a Proposal the Proposer and

P a g e | 14 any partners or agents authorize COMMERCE to contact these references and any others who, from COMMERCE’S perspective, may have pertinent information. COMMERCE may or may not contact references in its sole discretion.

E. OMWBE and WDVA Certification (OPTIONAL AND NOT SCORED) Include proof of certification issued by the Washington Office of Minority and Women’s Business Enterprises (OMWBE) or Washington Department of Veteran Affairs (WDVA) if certified small, minority-, women-, or veteran-owned business(es) will be participating on this project in any capacity. For more information please see Sections 1.5 and 2.9, and visit:

www.omwbe.wa.gov or https://www.dva.wa.gov/.

COST PROPOSAL

The total amount proposed must not exceed the amount specified in Section 1.4 to be considered responsive to this RFP.

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

http://www.omwbe.wa.gov/ https://www.dva.wa.gov/

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4. EVALUATION AND CONTRACT AWARD

EVALUATION PROCEDURE

Responsive Proposals will be evaluated strictly in accordance with the requirements stated in this RFP and any addenda issued. The evaluation of Proposals will be accomplished by one or more evaluation team(s) designated by COMMERCE, which will determine the ranking of the proposals.

COMMERCE, in its sole discretion, may elect to invite top-scoring Proposers as finalists for a virtual presentation or interview.

The RFP Coordinator may contact the Proposer for clarification of any portion of their Proposal.

Proposers are not permitted to submit, resubmit, correct, or change any materials of any kind after the date and time stated in Section 2.6 SUBMISSION OF PROPOSALS.

EVALUATION BREAKDOWN

The following weighting will be assigned to each proposal section for evaluation purposes. Subsections may or may not be of equal weight.

Technical Proposal – 80% Project Approach/Methodology Work Plan Project Schedule Outcome and Performance Measurement Risks Deliverables

Management Proposal – 20% Project Team Structure Internal Controls Staff Qualifications and Experience

Workers’ Rights Certification Those Proposers that certify they do not require their employees to sign an individual arbitration clause as a condition of employment will receive an extra 5% of their awarded points added to their final score (see Exhibit C).

COMMERCE reserves the right to award the contract(s) to the Proposer(s) whose Proposal is deemed to be in the best interest of COMMERCE and the state of Washington. See also Section 1.5 MANDATORY AWARD TO SMALL OR VETERAN-OWNED BUSINESS.

VIRTUAL PRESENTATIONS MAY BE REQUIRED

After evaluating the written proposals COMMERCE may elect to schedule virtual presentations or interviews of top-scoring Proposers. If so, COMMERCE will contact the top-scoring Proposers from the written evaluation to schedule a date and time to meet on a platform such as Zoom or Microsoft Teams.

Any commitments made by the Proposer during a virtual presentation or interview will be considered binding.

The virtual presentations may determine the Apparent Successful Contractor(s).

NOTIFICATION TO PROPOSERS

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COMMERCE will notify the Apparent Successful Contractor(s) of their selection in writing upon completion of the evaluation process. Proposers who were not selected for further negotiation or award will be notified separately. Notification may also be made to the COMMERCE public website, Washington Electronic Business Solution (WEBS), or other publically accessible locations.

DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Any Proposer who has submitted a Proposal and received notice that they were not selected for contract negotiation may request a debriefing. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the Unsuccessful Proposer Notification is e-mailed to the Proposer. The debriefing must be scheduled within three (3) business days of the request.

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

Evaluation and scoring of that Proposer’s Proposal;

Any written comments from evaluators related to that Proposer;

Review of Proposer’s final score in comparison with the other final scores without identifying the other Proposers or reviewing their Proposals.

Comparisons between Proposals or evaluations of the other Proposals is not allowed. COMMERCE will not discuss any items other than the three bullet points above. Debriefing conferences may be conducted on the telephone or by other electronic means and will be scheduled for a maximum of thirty

(30) minutes. COMMERCE reserves the right to end a debriefing for any reason.

PROTEST PROCEDURE

Protests may be filed only by Proposers who submitted a response to this RFP and who have participated in a debriefing conference. Upon completing the debriefing conference, the Proposer is allowed five (5) business days to file a protest with the RFP Coordinator. Protests must be received by the RFP Coordinator no later than 5:00pm Pacific time on the fifth business day following the debriefing.

Protests must be submitted by email. Proposers may choose to copy COMMERCE’S Central Contracts Office at centralcontracts@commerce.wa.gov. Do not copy any other COMMERCE staff.

Proposers protesting this RFP shall follow the procedures described below. Protests that do not follow these procedures will not be considered. This protest procedure constitutes the sole administrative remedy available to Proposers under this RFP.

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

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

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

Errors in computing the score;

Non-compliance with procedures described in this RFP or COMMERCE policy.

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

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

Upon receipt of a protest, a protest review will be held by COMMERCE. COMMERCE’S Chief Contracts Officer, or other employee delegated by the Director who was not involved in the award process, will mailto:centralcontracts@commerce.wa.gov

P a g e | 17 consider the record along with all available facts and issue a decision within ten (10) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

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

The final determination of the protest shall:

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

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

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

o Correct the error(s) and re-evaluate all proposals, or o Cancel this RFP and begin a new process, or o Make other findings and determine other courses of action as appropriate.

If COMMERCE does not find merit in the protest, COMMERCE may enter into a contract with the Apparent Successful Contractor(s). If the protest is determined to have merit, one of the options above will be taken.

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5. RFP EXHIBITS

Exhibit A Certifications and Assurances

Exhibit B Diverse Business Inclusion Plan

Exhibit C Workers’ Rights Certification

Exhibit D Small or Veteran-Owned Business Certification

Exhibit E Service Contract Format with General Terms and Conditions

EXHIBIT A

CERTIFICATIONS AND ASSURANCES

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

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

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

3. The attached Proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by COMMERCE without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period.

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

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

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

7. I/we agree…