RFP K13680.pdf

Washington State RFP K13680 Page 1 of 25 Department of Corrections 24DH

REQUEST FOR PROPOSALS

RFP K13680

WASHINGTON STATE

DEPARTMENT OF CORRECTIONS

3 CORRECTIONAL ELECTRONIC SLIDING DOORS

ISSUE DATE: JANUARY 10, 2025

SITE VISIT: 11:00 AM, JANUARY 28, 2025

BID DUE DATE: 4:00 PM, FEBRUARY 11, 2025

Washington State RFP K13680 Page 2 of 25

CONTENTS OF THE REQUEST FOR PROPOSALS:

1. INTRODUCTION

1.1 PURPOSE & Background

1.2 RFP CONTENTS

2. GENERAL INFORMATION FOR BIDDERS

2.1 RFP COORDINATOR

2.2 SCHEDULE OF PROCUREMENT ACTIVITIES

2.3 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.4 REVISIONS TO THE RFP

2.5 RIGHT TO CANCEL

2.6 SMALL AND DISADVANTAGED BUSINESS PARTICIPATION

2.7 ACCEPTANCE PERIOD

2.8 MOST FAVORABLE TERMS

2.9 INCORPORATION OF BID INTO CONTRACT

2.10 COSTS TO PROPOSE

2.11 NO OBLIGATION TO CONTRACT

2.12 REJECTION OF BIDS

2.13 COMMITMENT OF FUNDS

2.14 ELECTRONIC PAYMENT

3. INSTRUCTIONS TO BIDDERS

3.1 SUBMISSION OF BIDS

3.2 RESPONSIVENESS

3.3 RESPONDING TO REQUIREMENTS

3.3.1 Requirements Responses

3.4 BID CONTENTS

3.4.1 Transmittal Letter

3.4.2 Certifications and Assurances Form

3.4.3 Bidder Profile Form

3.4.4 Business Requirements Form

3.4.5 Bid Requirements

3.4.6 Certification of Bid

3.4.7 Subcontractor Inclusion Plan

3.4.8 Issues List

3.5 PRE-BID Conference

3.6 VENDOR’S QUESTIONS AND DOC’S RESPONSES

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3.7 COMPLAINTS

3.8 DEBRIEFING OF UNSUCCESSFUL BIDDERS

3.9 PROTEST PROCEDURE

4. EVALUATION AND CONTRACT AWARD

4.1 EVALUATION PROCEDURE

4.2 SOLICITATION STAGES

4.3 EVALUATION APPROACH

4.4 COST PROPOSAL EVALUATION

4.5 SITE VISIT .............................................................. Error! Bookmark not defined.

4.6 REFERENCE CHECKS

4.7 LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

4.8 BEST AND FINAL OFFERS (BAFO)

4.9 AWARD

4.10 DOC NEGOTIATION PROCEDURES

4.10.1 Final Written Offer

4.11 APPARENT SUCCESSFUL BIDDER (ASB)

4.12 EXECUTION OF CONTRACT AND COMMITMENT OF FUNDS

4.13 WAIVE MINOR ADMINISTRATIVE IRREGULARITIES

4.14 ERRORS IN BID

4.15 NOTIFICATION TO BIDDERS

Washington State RFP K13680 Page 4 of 25

STATE OF WASHINGTON

DEPARTMENT OF CORRECTIONS

TUMWATER, WASHINGTON

REQUEST FOR PROPOSALS

RFP NO. K13635

This RFP may be downloaded from the Washington Electronic Business Solutions (WEBS) website located at https://pr-webs-vendor.des.wa.gov/home.html. You are responsible for checking the website for notices and updates.

RFP TITLE:

3 Correctional Electronic Sliding Security Doors.

1. INTRODUCTION

1.1 PURPOSE & BACKGROUND

The Washington State Department of Corrections (DOC) is seeking bids for 3 Southern Folger electronic sliding security doors at Clallam Bay Corrections Center. In addition to the doors, Bidders will be expected to provide assistance/consultation on the installation of the doors to ensure that DOC installs the doors consistent with the manufacturer's specifications. **All interested Bidders must participate in the mandatory site visit on January 28th, and RSVP by 4:00 PM on January 27th.

1.2 RFP CONTENTS

RFP K13680

EXHIBIT A – Certification and Assurances

EXHIBIT B – Bidder Profile Form

EXHIBIT C – Business Requirements Form

EXHIBIT D – Bid Requirements

EXHIBIT E – Certification of Bid

EXHIBIT F – Subcontractor Inclusion Plan

EXHIBIT G – Issues List

EXHIBIT H – Contract Model

EXHIBIT H(1) – General Terms and Conditions https://pr-webs-vendor.des.wa.gov/home.html

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2. GENERAL INFORMATION FOR BIDDERS

2.1 RFP COORDINATOR

The RFP Coordinator is the sole point of contact in DOC for this procurement. Upon receipt of this RFP, all communication between Bidders and DOC shall be in writing and with the following RFP Coordinator:

Name Daryl Huntsinger, Senior Contracts Attorney

E-Mail Address docRFPresponse@doc.wa.gov

Any other communication will be considered unofficial and non-binding on DOC.

Communication directed to anyone other than the RFP Coordinator may, at the RFP

Coordinator’s discretion, result in disqualification of the Bidder. Bidders are to rely only on written statements issued by the RFP Coordinator.

2.2 SCHEDULE OF PROCUREMENT ACTIVITIES

The dates listed below represent the current procurement schedule. DOC reserves the right to change the schedule as needed. Any changes to the schedule prior to Bid due date will be posted electronically on WEBS as an amendment to this solicitation. All dates after the bid due date are estimates and changes to these dates will not be communicated via WEBS.

Failure to meet any of the required deadlines will result in disqualification from participation in the procurement. All times are local at Tumwater, WA.

RFP issued by posting on WEBS January 10, 2025

Mandatory Site Visit RSVP Deadline

4:00 PM

January 27, 2025

Mandatory Site Visit (email RFP coordinator for invite)

11:00 AM

January 28, 2025

Deadline for RFP coordinator to receive vendors’ emailed questions about this RFP

4:00 PM

January 29, 2025

Date by which answers to vendors’ written questions will be posted on

WEBS as an Amendment to this RFP January 31, 2025

Date by which complaints about this RFP must be received

4:00 PM

February 4, 2025

Washington State RFP K13680 Page 6 of 25

Date by which Bids are due by email to RFP coordinator

4:00 PM

February 11, 2025

Notification of the “Apparent Successful Bidder” February 28, 2025

Deadline for debriefing requests (note that a debriefing is a prerequisite for submitting a protest)

4:00 PM

March 5, 2025

Deadline for Bidder protests

4:00 PM

March 12, 2025

Date by which the DOC must respond to a protest March 26, 2025

Contract Execution March 26, 2025

2.3 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Materials submitted in response to this competitive solicitation shall become the property of

DOC.

DOC is subject to the Public Records Act (chapter 42.56 RCW). All Bids received shall remain confidential until announcement of the Apparent Successful Bidder; thereafter, the Bids shall be deemed public records as defined in the Public Records Act.

Any information contained in the Bid that is proprietary or confidential must be clearly designated. Each page claimed to be exempt from disclosure must reference the specific basis claimed under Chapter 42.56 RCW, the Public Records Act or other state or federal law that provides for the nondisclosure of your Bid information. Any portion which you claim to be proprietary, confidential, or exempt from disclosure must be clearly identified by the word

“Proprietary” or “Confidential” printed on the lower right-hand corner of the page. Marking of the entire Bid or entire sections of the Bid as proprietary or confidential will not be accepted nor honored. Marking of the Bid as proprietary or confidential will be neither accepted nor honored. Any attempts to restrict disclosure through use of footers on every page and/or statements restricting disclosure will not be honored and may subject Bidder to disqualification.

To the extent consistent with Chapter 42.56 RCW, the Public Records Act, DOC shall maintain the confidentiality of Bidder’s information marked confidential or proprietary. If a request is made to view Bidder’s confidential or proprietary information, DOC will notify Bidder of the request and of the date that the records will be released to the requester unless Bidder obtains http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 http://apps.leg.wa.gov/RCW/default.aspx?cite=42.56

Washington State RFP K13680 Page 7 of 25 a court order enjoining that disclosure or the requester and Bidder reach an agreement on the extent of such disclosure, which agreement will be forwarded to DOC by the requester prior to DOC’s date for the proposed disclosure. If Bidder fails to obtain the requester’s agreement or a court order enjoining disclosure, DOC will release the requested information on the date specified.

A charge will be made for copying and shipping, as outlined in RCW 42.56. Requests for records pursuant to the Public Records Act must be submitted to DOC’s Public Records Officer

(DOCPublicDisclosureUnit@doc.wa.gov).

2.4 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 Bidders who have provided their contact information to the RFP Coordinator. In addition, addenda will be published on WEBS. Questions and answers and any other pertinent information shall be considered an addendum to the RFP and also placed on WEBS. If the

Bidder downloaded this RFP from WEBS, located at https://pr-webs-vendor.des.wa.gov/home.html, it is incumbent upon Bidder to either check the above-listed website or to notify the RFP Coordinator of Bidder’s interest in receiving any revisions via e-mail.

2.5 RIGHT TO CANCEL

DOC reserves the right to cancel or reissue this RFP, in whole or in part, at any time without obligation or liability. If DOC determines that one or more Bidders did not comply with the requirements of a particular Stage of the procurement, DOC reserves the right to cancel that

Stage and/or all affected Stages, and require all Bidders to re-perform the Stage or affected

Stages.

2.6 SMALL AND DISADVANTAGED BUSINESS PARTICIPATION

In accordance with the legislative findings and policies set forth in RCWs 39.26.005, 39.26.090, 39.26.240, 39.26.245, 39.19, and 43.60A.200, the State encourages participation by small businesses, veteran-owned businesses, and Minority-Owned and Women-Owned Business

Enterprises (MWBEs). Participation by small businesses, veteran-owned businesses, and

MWBEs may be either on a direct basis as a bidder or as a subcontractor to a Bidder. While the

State does not give preferential treatment to MWBEs, it may give a preference to certified

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Veteran-owned businesses (a business certified by the Washington State Department of

Veteran Affairs under RCW 43.60A.190) or self-certified small businesses (as defined in RCW

39.26.010). No minimum level of MWBE or veteran-owned business participation shall be required, and responses will not be evaluated, rejected, or considered non-responsive on that basis. Bidders may contact the Office of Minority and Women’s Business Enterprises

(OMWBE) at http://omwbe.wa.gov/ and the Department of Veterans Affairs at http://www.dva.wa.gov/program/veteran-owned-business-certification to obtain information on how to become certified and for potential subcontracting arrangements. Nothing in this section is intended to prevent or discourage participation from non-MWBEs or non-veteran-owned businesses.

2.7 ACCEPTANCE PERIOD

Bids must provide 150 days for acceptance by DOC from the due date for the receipt of Bids.

2.8 MOST FAVORABLE TERMS

DOC reserves the right to make an award without further discussion of the Bid submitted.

Therefore, the Bid should be submitted initially on the most favorable terms that the Bidder can propose. DOC reserves the right to contact a Bidder for clarification of its Bid during the evaluation process. In addition, if the Bidder is selected as the Lowest Responsive and

Responsible Bidder, DOC reserves the right to enter into contract negotiations with the Lowest

Responsive and Responsible Bidder, which may include discussion regarding the terms of the

Bid.

DOC reserves the right to negotiate with the next highest ranked Bidder and to contract with that Bidder if a contract is not signed by the Lowest Responsive and Responsible Bidder within ten (10) business days after a Contract is presented by DOC.

2.9 INCORPORATION OF BID INTO CONTRACT

This RFP document (including any addenda and amendments), Bidder’s Bid (including any submissions made by Bidder to DOC after the Bid is submitted), electronic recordings of the oral presentation and the presentation materials, and any commitments made by the Bidder at the demo/site visit (if any) will become part of the representations and warranties of Bidder in the Contract and will be incorporated into and become attached to the Contract.

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Bidders cannot treat the Bid as a “marketing” document, as it will become part of the contractual commitment of the Bidder. Bidders’ subject matter experts, project team, technical staff, and others, as appropriate, must be involved to ensure that all responses in the Bidder’s

Bid are accurate, and can support the representations and warranties reflected in the Contract that are part of this RFP.

Any disclaimer or other language contained in a Bid that differs from the requirements described in this section will be disregarded by DOC and deemed to have no force or effect. If

Bidder rejects the incorporation of any of the above materials into the resulting Contract, DOC will disqualify Bidder.

2.10 COSTS TO PROPOSE

DOC will not be liable to the Bidder for any costs related to responding to this RFP.

2.11 NO OBLIGATION TO CONTRACT

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

2.12 REJECTION OF BIDS

DOC reserves the right at its sole discretion to reject any and all Bids received without penalty and not to issue a contract as a result of this RFP.

2.13 COMMITMENT OF FUNDS

The Secretary of DOC or delegate are the only individuals who may legally commit DOC to the expenditure of funds for a contract resulting from this RFP. No costs chargeable to the proposed Contract may be incurred before receipt of a fully executed contract. No payments in advance or in anticipation of services to be provided under this contract shall be made by

DOC.

2.14 ELECTRONIC PAYMENT

Washington State requires the use of electronic payments in its transactions. The successful contractor will be provided a form to complete with the contract to authorize such payment method.

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3. INSTRUCTIONS TO BIDDERS

3.1 SUBMISSION OF BIDS

Bids may be submitted by email only. Late Bids will not be accepted and will be automatically disqualified from further consideration.

The Bid is to be sent to the RFP Coordinator, who is DOC’s sole point of contact for this procurement, at the email address noted in Section 2.1. The Bid must be received by DOC no later than the time and date identified in section 2.2.

3.2 RESPONSIVENESS

All Bids will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. Failure to comply with any part of the

RFP may result in rejection of the Bid as non-responsive. DOC, however, reserves the right, at its sole discretion, to waive minor administrative irregularities.

Bids must respond to the procurement requirements. Do not respond by referring to material presented elsewhere. The Bid must be complete and must stand on its own merits. All Bids and any accompanying documentation become the property of DOC and will not be returned.

3.3 RESPONDING TO REQUIREMENTS

3.3.1 Requirements Responses

The Bidder must provide clear, concise, direct, detailed and specific responses to each item. Except where explicitly requested, do not submit marketing materials, white papers, brochures, customer testimonials, product or cut sheets, or other pre-printed materials in response to the requirements. Any such references will be disregarded by

DOC. For requirements that state: “Describe …,” “Describe how . . .,” “Explain . . .,” or similar open-ended references, Bidder must respond with information as to how

Bidder’s solution specifically meets the unique requirements or needs or solves the described problem.

Failure to provide any requested information in the prescribed format may result in disqualification of the Bidder. However, Bidders are allowed to make changes to a response form’s font types, font sizes, page orientation, headers and/or footers, and

Washington State RFP K13680 Page 11 of 25 spacing.

Figures and tables must be numbered and referenced in the text of the Bid by that number. Foldouts containing charts, spreadsheets and oversize exhibits are permissible.

The Bidder must respond to each requirement. If a requirement cannot be/is not met by

Bidders’ Bid, bidder must explicitly state that it does not meet the requirement. Leaving any requirements blank, without any response, will result in a DOC evaluation of “Fail” for the requirement. A failure evaluation may cause the entire response to be eliminated from consideration. A failure evaluation will not automatically be a basis for disqualification if a Bidder provides a response that it believes complies with the requirement, but that DOC determines either partially meets or does not meet the requirement. DOC reserves the right to discuss with the Bidder how the proposed solution can meet or better meet DOC’s requirement.

The Bidder should include information in its response that is critical to service delivery and provide competitive advantage. DOC does not desire highly conceptual responses.

DOC desires responses that are brief, clear, and directly address the specific requirement.

The Bidder must respond to requirements by providing the Bidder’s response as directed by the requirements document. The explanations in the Bidder’s Response will only be reviewed by DOC for evaluation purposes, and will not operate to diminish the assurances provided elsewhere in the Bid. DOC reserves the right, in its sole discretion, to remove or require the removal of any or all the explanations in the Bidder’s Response when incorporating the response into the Contract documents. Any information set forth in the Bidder’s Response that identifies how Bidder intends to meet a requirement or references optional ways or means by which Bidder may approach or address a requirement will not affect Bidder’s obligation to meet the requirement.

The Bidder has an opportunity to ask questions and seek clarifications of DOC requirements prior to the submission of the Bid. Accordingly, DOC reserves the right to disregard any assumption or qualification in the Bid and evaluate the response based on our intended meaning of the requirement.

Any indication that a requirement “can be,” “could be,” or “may be” (or similar phrases) addressed using an option or approach shall nonetheless mean that Bidder can satisfy the applicable requirement.

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3.4 BID CONTENTS

This section describes what is required in the Bid to be complete. Failure to comply with these requirements will result in disqualification of a Bid as non-responsive. Bids must provide information in the same order as presented below and with the same headings. This will not only be helpful to the evaluators of the Bid, but should assist the Bidder in preparing a thorough response.

The Bid must include the following documents in the following order:

1. Transmittal Letter;

2. Certifications and Assurances (EXHIBIT A);

3. Bidder Profile (EXHIBIT B), Bidders must include answers to the questions for all

Subcontractors;

4. Business Requirements Form (EXHIBIT C);

5. Bid Requirements (EXHIBIT D);

6. Certification of Bid (EXHIBIT E);

7. Subcontractor Inclusion Plan (If required – See Exhibit for instructions) (EXHIBIT F);

8. Issues List (EXHIBIT G);

3.4.1 Transmittal Letter

The Transmittal Letter must:

1. Be addressed to the DOC RFP Coordinator identified in Section 2.1.

2. Be submitted on the Bidder’s official business letterhead stationery.

3. Be signed and dated by a corporate officer, principal, manager, partner or other individual representative of the Bidder with the authorization to legally bind the Bidder.

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4. Contain the following items in the following order:

a. An itemization of all materials and enclosures provided within the

Bidder’s Bid.

b. Identification of all page numbers and Sections of the Bidder’s Bid that are marked as containing Confidential or Proprietary Data, with a statement of the basis for each claim of exemption or the particular exception from disclosure upon which the Bidder is making the claim.

3.4.2 Certifications and Assurances Form

The Certifications and Assurances form (EXHIBIT A) must be completed, signed, and submitted with the Bid.

3.4.3 Bidder Profile Form

The intent of the Bidder Profile Form (EXHIBIT B) is to collect information that will assist DOC in understanding the Bidder’s and any Subcontractor’s business.

3.4.4 Business Requirements Form

The Bidder must complete and include the Business Requirements Form (EXHIBIT C).

Bidder must provide detailed responses to each element of the Business Requirements

Form. The responses in the Business Requirements Form will be incorporated into the

Contract documents as a representation and warranty.

3.4.5 Bid Requirements

Bidder must submit a bid that meets the requirements stated in EXHIBIT D.

3.4.6 Certification of Bid

The Certification of Bid (EXHIBIT E) must be completed, signed, and submitted with the Bid.

3.4.7 Subcontractor Inclusion Plan

Bidders who intend to utilize subcontractors to perform work in this RFP must read the

Subcontractor Inclusion Plan instructions and complete the accompanying form

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(EXHIBIT F) and return the completed form with the bid.

3.4.8 Issues List

The Bidder must complete and include an Issues List as described in this section using

EXHIBIT G. If Bidder has no concerns, exceptions, or objections to any of the terms or conditions contained in the Contract documents provided in this RFP the Bidder must state so on the form.

Issues, concerns, exceptions, or objections to any of the terms or conditions contained in the Contract Model (EXHIBIT H) and/or General Terms & Conditions (EXHIBIT H(1)) must be documented by the Bidder in the Issues List. The Issues List response must set out by section or paragraph a description of each issue, concern, exception, and/or objection. EXHIBIT G, Issues List, sets forth the Issues List template to be used for the response. An Issues List must be provided for the Contract Model and the General Terms and Conditions. Bidders will need to submit the Issues List on behalf of their

Subcontractors.

In completing the Issues List, Bidder must describe, in business terms and not in proposed Contract or legal language, the issue, concern, exception or objection it has and then propose a compromise that is reasonable in light of the commitment being sought by DOC. The Issues List must provide the reason or rationale supporting the issue, concern, exception, or objection. Simply stating that a paragraph is "not acceptable" or supplying proposed Contract terms without describing (in business language) the reason or rationale will be considered non-responsive. If the Issues List fails to identify a particular term or condition, the term or condition will be deemed accepted, and DOC will not negotiate further changes to such paragraphs or sections. The Issues List provided to DOC must be attached to Bidder’s Bid in an unrestricted, editable Microsoft

Word format.

DOC reserves the right to discuss the Issues List with the Bidders and applicable

Subcontractors and require Bidders to clarify and supplement the Issues List at any time during the evaluation process. Any changes to the Issues List will require Bidder to clarify, revise, and resubmit the Issues List.

3.4.8.1 Contract Model and General Terms & Conditions

The Lowest Responsive and Responsible Bidder will be expected to enter into a

Contract containing Terms and Conditions that are substantially the same as those

Washington State RFP K13680 Page 15 of 25 found in the Contract Model attached as EXHIBIT H and the General Terms and

Conditions attached as EXHIBIT H(1). In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation. The Bidder may use the Issues List to submit exceptions to the contract documents. DOC will review requested exceptions and accept or reject the same at its sole discretion. Such exceptions will be reviewed and negotiated after selection of the Lowest Responsive and Responsible Bidder (LRRB). If the Bidder and DOC are unable to reach agreement on the terms of the Contract within ten (10) business days after the Contract is presented to the LRRB for signature, Bidder may be disqualified from the award under this RFP.

3.4.8.2 Redlined Bids

Redlined Documents Will Not Be Reviewed: The Issues List is the mechanism to communicate issues and concerns on the Contract documents. Do not provide in the

Bid, the Issues List, or otherwise, a redlined contract, paragraph or clauses. Redlined text will only require DOC to make potentially inaccurate assumptions about what

Bidder's specific issues or concerns might be. Redlined text will not be reviewed by

DOC.

3.4.8.3 Bidder’s Standard Contract or Proposed Language

Standard Bidder Contracts Will Not Be Reviewed: Do not provide a copy of Bidder's standard contract or proposed language to DOC in the Bid.

3.4.8.4 No Substantial Changes to Material Terms

Bidders are reminded that this is a competitive solicitation for a public contract and that DOC cannot accept a Bid or enter into a Contract that substantially changes the material terms and specifications published in this RFP.

3.4.8.5 Use of the Issues List

The Issues List frames discussions between DOC and Bidders regarding the terms and conditions contained in the Contract documents.

The Issues List will be used initially to determine the responsiveness of the Bid. Bids that are contingent upon DOC making substantial changes to material terms and specifications published in the RFP will be determined to be non-responsive. DOC will

Washington State RFP K13680 Page 16 of 25 consider the number and nature of the items on the Bidders Issue List in determining the likelihood of completing a Contract with the Bidder. Unresolved issues regarding the material business terms of the Contract and Project documents may affect DOC’s selection of Bidders to advance to the next stage of the procurement.

3.5 PRE-BID CONFERENCE

At the date and time set forth in the Solicitation Schedule, DOC will host a virtual pre-bid conference via Microsoft Teams to address questions, clear up ambiguities, respond to issues or concerns, and establish a common basis for understanding the Solicitation requirements.

Bidder attendance at this pre-bid conference is optional. Bidders that wish to attend the pre-bid conference should review the Solicitation in its entirety, come prepared with questions or concerns to discuss with the Coordinator, DOC representatives, and other interested Bidders.

The pre-bid conference will only be held if one or more Bidders RSVP to the Coordinator by the RSVP deadline set forth in the Solicitation Schedule. The pre-bid conference will be held via Microsoft Teams which allows for participation by video or by phone. Bidders that sent a timely RSVP will be emailed the meeting link and call details prior to the scheduled pre-bid conference. The pre-bid conference will not be recorded.

DOC considers all oral communications unofficial and non-binding on DOC, including those communications made during the pre-bid conference. Bidders should rely only on written statements issued by the Coordinator or posted to WEBS. The Coordinator will gather questions during the pre-bid conference and, where appropriate, issue an official response via a solicitation amendment posted to WEBS.

3.6 VENDOR’S QUESTIONS AND DOC’S RESPONSES

Vendors may submit written questions and requests for clarification pertaining to this RFP to the RFP Coordinator identified in Section 2.1.

Vendor's questions must be in writing and sent by email. Questions received after the deadline date stated in the Schedule of Procurement Activities (Section 2.2) may or may not be answered at DOC's discretion.

The basic content of all vendor’s questions, and DOC's responses to the questions, will be published on WEBS. Authors of questions will not be identified in this published document.

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DOC's response as set forth in a published questions and answers amendment shall take precedence over the RFP if a conflict exists between the two documents.

The only official responses of DOC with regard to vendor's questions will be those stated in writing from the RFP Coordinator.

3.7 COMPLAINTS

Vendors may submit a complaint by email to the RFP Coordinator by the complaint deadline identified in Section 2.2. The purpose of the complaint process is to settle unresolved vendor issues or concerns that were not resolved during the question and answer period. Vendors are expected to raise any issues they have concerning the RFP early in the RFP process. If a vendor believes the RFP unnecessarily restricts competition, contains inadequate or insufficient requirements, or utilizes an evaluation process that is unfair or flawed, the Bidder may submit a formal written complaint to the RFP Coordinator. The complaint process allows vendors to focus on the solicitation requirements and evaluation process and raise issues with these processes early enough to allow DOC to correct a problem before bids are submitted and time expended on evaluations. DOC’s Contracts Administrator will review the complaint and during this time the solicitation process may continue. If DOC does not find merit in the complaint, no further action will be taken. If DOC finds merit with the complaint DOC may take steps to intervene, such as requiring modification of solicitation requirements, modification of the schedule, or withdrawal of the RFP. The response to complaints, including any changes to the solicitation, will be posted on WEBS. The resulting decision is final with no further administrative appeal available. A complaint may not be raised again during the protest period.

3.8 DEBRIEFING OF UNSUCCESSFUL BIDDERS

Upon request, a debriefing conference will be scheduled with an unsuccessful Bidder. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the date on which the Bidder is notified of the Apparent Successful Bidder.

The debriefing must be held within three (3) business days of the Bidder’s request.

Discussion at a Debriefing conference is limited to a critique of the requesting Bidder’s Bid.

Comparisons between Bids or evaluation of other Bids is not allowed. Debriefing conferences will be conducted by telephone and scheduled for a maximum of 30 minutes.

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3.9 PROTEST PROCEDURE

This procedure is available to Bidders who submitted a response to this procurement document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Bidder is allowed five (5) business days to file a protest of the procurement with the RFP Coordinator. Protests may be submitted by email to the RFP

Coordinator.

Bidders protesting this procurement 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 Bidders under this procurement.

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

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

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

• Errors in computing the score, if any;

• Non-compliance with procedures described in the procurement document or DOC policy.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a Bid, or 2) DOC’s assessment of its own needs or requirements.

Upon receipt of a protest, a protest review will be held by DOC. The DOC Contracts

Administrator or an employee delegated by the Contracts Administrator who was not involved in the procurement will consider the record and all available facts and issue a decision within five (5) 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 affect the interest of another Bidder that submitted a Bid, such Bidder will be given an opportunity to submit its views and any relevant information on the protest to the RFP Coordinator.

The final determination of the protest shall:

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• Find the protest lacking in merit and uphold DOC’s action; or

• Find only technical or harmless errors in DOC’s acquisition process and determine the

DOC to be in substantial compliance and reject the protest; or

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

–Correct the errors and re-evaluate all Bids, and/or

–Reissue the solicitation document and begin a new process, or

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

If DOC determines that the protest is without merit, DOC will enter into a Contract with the

Apparent Successful Bidder. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

4. EVALUATION AND CONTRACT AWARD

ALL ADMINISTRATIVE REQUIREMENTS MUST BE MET IN ORDER TO BE EVALUATED.

4.1 EVALUATION PROCEDURE

Responsive Bids will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of Bids shall be accomplished by an evaluation team, to be designated by DOC, which will determine the best Bid for DOC.

DOC will perform the evaluation in 3 stages. For each stage, DOC will select which Bidder(s) may proceed to the next stage.

4.2 SOLICITATION STAGES

Stage 1: Administrative Screening

Bids will be reviewed by the RFP Coordinator to determine, on a pass/fail basis, compliance with administrative requirements as specified in Section 3, Instructions to Bidders, and the

Certification of Bid (EXHIBIT E). The evaluation team will only evaluate Bids meeting these requirements.

Stage 2: Bid Evaluation & Reference Checks

The DOC Evaluation Team will evaluate the submitted materials. The DOC Evaluation Team

Washington State RFP K13680 Page 20 of 25 will take into consideration the overall evaluation, the Bidder Profile, the Issues List, and references when selecting the participants for Stage 3. There is no set number of Bidders who will advance to Stage 3. The RFP Coordinator will notify Bidders with the results and whether or not their Bid is moving forward to the next stage. Bidders who do not initially move to the next stage may later be invited to move forward. *Note that reference checks may, at DOC’s sole discretion, be performed at later stages.

Stage 3: Contract Negotiations & Selection of the Apparent Successful Bidder

In this Stage DOC will undertake contract negotiations with the LRRB. Upon successful contract negotiation DOC will announce the Apparent Successful Bidder who will be asked to sign the contract documents.

4.3 EVALUATION APPROACH

The evaluation team will rank Bidders based on the bid documents and responses to the RFP requirements. The bids will not be scored.

4.4 COST PROPOSAL EVALUATION

The Bidder’s Cost Proposal will be evaluated and incorporated into the overall consideration for each Bidder’s ranking.

4.5 REFERENCE CHECKS

Reference checks of Bidders and their subcontractors will be conducted at DOC’s discretion during Stage 2 or later.

Each Reference Check will receive a PASS or FAIL Score. DOC reserves the right to disqualify a Bid and withdraw it from consideration if a Bidder receives a FAIL score.

4.6 LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

Consistent with RCW 39.26.160, DOC will make a determination of the Lowest Responsive and

Responsible Bidder who will advance to Stage 4. There can be only one Lowest Responsive and Responsible Bidder.

In Stage 4, DOC will undertake negotiations with the Lowest Responsive and Responsible

Washington State RFP K13680 Page 21 of 25

Bidder to determine final Contract terms, and to determine if the Bid may be improved in terms of best value to DOC.

At the successful conclusion of negotiations with the Lowest Responsive and Responsible

Bidder DOC will require that Bidder to sign a Contract.

If, after a reasonable period of time, DOC cannot reach agreement on acceptable Contract terms with the Lowest Responsive and Responsible Bidder, DOC may suspend negotiations and undertake negotiations with the next Lowest Responsive and Responsible Bidder as determined by the evaluation. Alternatively, DOC may request Best and Final Offers (BAFOs) from all Responsive and Responsible Bidders, or cancel the procurement.

4.7 BEST AND FINAL OFFERS (BAFO)

Once a Bid has been submitted, Bidders will not be allowed to make material changes to those

Bids unless they receive a request for a BAFO from DOC. The circumstances under which a

BAFO may be requested are described in this section.

At any time after the completion of Stage 2, DOC may notify all remaining Responsive and

Responsible Bidders that DOC will require them to submit BAFOs. The notice will be in writing and will set a specific time and date certain by which the BAFO must be submitted to DOC.

The BAFO notice may set additional conditions and requirements for the submission of the

BAFO. The notice will advise Bidders that the BAFO shall be in writing. The BAFO Notice will be posted on WEBS. Prior to the closing date for the submission of BAFOs DOC may, at DOC’s discretion, engage in discussion with all remaining Responsive and Responsible Bidders regarding how Bidders can make their Bids more responsive to the selection criteria in the RFP.

All Bidders shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of Bids, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining BAFOs. In conducting discussions, there shall be no disclosure of any information derived from Bids submitted by competing Bidders.

Evaluation of BAFOs and selection of a Successful Bidder will be based upon the evaluation criteria set out in the RFP. Terms proposed as part of a BAFO must be substantially in accordance with the terms requested in this RFP and may not materially alter the requirements of the RFP.

At the conclusion of negotiations with the Lowest Responsive and Responsible Bidder DOC will require that Bidder to submit a signed Contract as a BAFO pending acceptance.

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4.8 AWARD

Any Contract resulting from this RFP will be awarded to the Lowest Responsive and

Responsible Bidder whose Bid, in the sole opinion of DOC, offers the greatest benefit to DOC.

The decision will be based on consideration of the total best value, including, but not limited to, the responsiveness of the Bid to the requirements as set forth in the RFP, the competence and responsibility of the Bidder, quality of service, breadth and depth of offering, the strength and form of contractual commitments made by Bidder to DOC and total cost. In making an award DOC may consider:

1. The relative ability, capacity, and skill of the Bidder to perform the Contract and provide the service required, including: (a) vendor financial capacity and stability; and

(b) quality of professional personnel.

2. Whether the Bidder can complete the Project within the time specified.

3. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder.

4. The quality of performance of previous contracts or services including previous and existing compliance by the Bidder with laws relating to the Contract or services, and vendor expertise with engagements of similar scope and complexity.

5. The extent to which the Bid satisfies the needs of DOC as specified in the RFP documents, including: (a) the relative quality of the product or service proposed by the Bidder; (b) quality and effectiveness of the proposed business solution and approach; and (c) innovative use of current technologies.

6. The cost of the Bid to the state, including: (a) projected internal cost to DOC for the

Project; and (c) the extent to which the Bid provides competitive pricing, economies, and efficiencies.

7. The strength and form of contractual commitments made by Bidder to DOC and the willingness to conform to the contractual terms as proposed in the RFP.

8. Whether the Bid encourages diverse contractor participation.

9. Whether the Bid considers human health and environmental impacts.

DOC reserves the right to award the Contract to the Bidder whose Bid is deemed to be in the best interest of DOC and the state of Washington. Hence, DOC may choose to not award to the

Washington State RFP K13680 Page 23 of 25 lowest-cost Bid.

DOC will notify the Apparent Successful Bidder of its selection in writing, and will also announce the Apparent Successful Bidder on Washington’s Electronic Business Solution

(WEBS), https://pr-webs-vendor.des.wa.gov/. Bidders whose Bids were not selected for award will be notified separately by email from the RFP Coordinator.

This RFP and the award of any resulting Contract will be made in conformance with applicable

DOC policies and Washington State law. Bids made by Bidders are offers to Contract and will not be binding upon DOC until accepted by execution of the Contract.

4.9 DOC NEGOTIATION PROCEDURES

The Lowest Responsive and Responsible Bidder invited to Stage 4 will participate in Contract negotiations to agree on the language for final Contract terms and to determine if the Bid may be improved in terms of best value to DOC. During negotiations in Stage 4, DOC and the

Lowest Responsive and Responsible Bidder may discuss alterations to the Bid or the RFP requirements, provided they do not substantially change the scope of work and material terms in the RFP or substantially increase the cost to DOC above that contained in the original bid.

4.9.1 Final Written Offer

At the conclusion of negotiations in Stage 4, DOC will request that the Bidder sign a

Contract as a final written offer with a provision that such offer is irrevocable and cannot be withdrawn prior for 90 days, (or such longer period as DOC and Bidder may agree).

The Contract signed by the Bidder can only be countersigned, and thus become a binding agreement between Bidder (and any applicable Third Party Solution Provider) and

DOC, subject to the results of the protest period and after the Contract is approved by appropriate authorities in the state.

4.10 APPARENT SUCCESSFUL BIDDER (ASB)

Upon successful completion of Contract negotiations and DOC’s receipt of a final Contract offer from a Lowest Responsive and Responsible Bidder which appears acceptable, DOC will announce that Bidder as the ASB. DOC will notify the ASB of selection in writing.

Announcement of the ASB will be promptly posted to WEBS. WEBS posting will be official notification to all Bidders of the ASB. Bidders not selected for further negotiation or award will https://pr-webs-vendor.des.wa.gov/

Washington State RFP K13680 Page 24 of 25 be notified separately by the RFP Coordinator via email.

After the announcement of the ASB, DOC will hold a Bidder debriefing conference for any

Bidder who requests one.

Consistent with RCW 39.26.030, following the announcement of the ASB, Bids and bid evaluations will be made available for public inspection through the public disclosure process.

The ASB must complete registration with the Department of Revenue within thirty (30) calendar days of being identified as the ASB and be responsible for collection and payment of all taxes due on payments made under the Contract resulting from this RFP. Bidders must also be qualified to do business in the state of Washington.

DOC may, at its sole discretion, announce the ASB prior to receipt of the final Contract offer from the Lowest Responsive and Responsible Bidder.

4.11 EXECUTION OF CONTRACT AND COMMITMENT OF FUNDS

Following announcement of the Apparent Successful Bidder, DOC anticipates it will execute a

Contract (including all contract schedules and exhibits). The DOC Secretary or designee is the only governmental authority who may legally commit DOC to the expenditure of funds for a

Contract resulting from this RFP. No costs chargeable to the proposed Contract may be incurred or encumbered by DOC before receipt of a fully executed Contract approved and signed by the DOC Secretary or his designee. DOC may not sign a Contract before the Protest process is completed except when the Director of DES grants DOC the authority to do so due to exigent circumstances.

4.12 WAIVE MINOR ADMINISTRATIVE IRREGULARITIES

DOC reserves the right to waive minor administrative irregularities contained in any Bid.

Additionally, DOC reserves the right, at its sole option, to make corrections to Bidders’ Bids when an obvious error or typo has been made in the Bid. Absent a request for BAFOs, Bidders will not be allowed to make changes to their Bid after the Bid submission deadline.

DOC may waive minor irregularities in a Bid provided that, in the judgment of DOC, such action will not negate fair competition and will permit proper comparative evaluation of Bids submitted. DOC’s waiver of an irregularity will in no way modify the RFP documents or excuse the Bidder from full compliance with other RFP requirements.

Washington State RFP K13680 Page 25 of 25

4.13 ERRORS IN BID

Bidders are liable for all errors or omissions contained in their Bids. Bidders will not be allowed to alter Bid documents after the deadline for Bid submission. DOC is not liable for any errors in Bids. DOC reserves the right to contact Bidder for clarification of Bid contents. In those cases where it is unclear to what extent a requirement or rate has been addressed, an evaluator may, at their discretion and acting through the RFP coordinator, contact a Bidder to clarify specific points in the submitted Bid. However, under no circumstances will the responding Bidder be allowed to make changes to the proposed items after the deadline stated for receipt of Bids.

4.14 NOTIFICATION TO BIDDERS

Bidders whose Bids have not been selected for further negotiation or award will be notified by e-mail.