RFP K5761.docx

PHARMACY POINT-OF-SERVICE BILLING SYSTEM

Solicitation No. K5761

SCHEDULE

THE FOLLOWING DATES ARE ESTIMATES

WEBS REGISTRATION

Vendors are strongly encouraged to download the original solicitation from Washington's Electronic Business Solution (WEBS). Only Vendors who have downloaded the original solicitation directly from WEBS prior to an amendment being issued will receive email notification from WEBS of an amendment. For more information and instructions to register: https://des.wa.gov/sell/how-work-state Please select at least one of the following Commodity Code(s) in your WEBS registration process.

The Department of Labor & Industries provides equal access to its programs and services for all people without regard to race, creed, color, religion, national origin, age, gender, sexual orientation, marital status or disability. To request this information in alternative formats, please contact the Solicitation Coordinator.

The Washington APEX Accelerator, formerly Washington PTAC (opens in a new tab) is a no-cost resource for small businesses that can help with bidding and strategies for selling to the government. APEX Accelerator can review a businesses’ proposal drafts, marketing strategies, registrations, certifications, and more.

File Name: RFP K5761 10-09-2024 Page 1 of 14 Printed: December 2, 2024

TABLE OF CONTENTS

L&I RFP K5761

File Name: RFP K5761 10-09-2024 Page 2 of 14 Printed: December 2, 2024

GENERAL INFORMATION

INTRODUCTION

The Washington State Department of Labor & Industries (hereafter called L&I or the Department) is initiating this solicitation to obtain Electronic Data Interchange (EDI) transaction services for L&I’s Pharmacy Point-of-Service Billing System.

BACKGROUND

L&I is an executive branch agency of Washington State government. Established by State statute in 1921, the mission of L&I is to keep Washington safe and working. L&I is a diverse state agency dedicated to the safety, health, and security of Washington's 3.3 million workers. L&I operates under a legislative mandate “to purchase health care in a prudent, cost effective manner without unduly restricting access to necessary care by persons entitled to care.” Reference RCW 51-36-080. L&I implemented an online system to reduce dispensing fees. In 1995, the legislature places a note in L&I’s budget that prohibited L&I from reducing dispensing fees paid to pharmacies until L&I implemented an online verification system.

This solicitation is seeking a contractor to provide L&I with Electronic Data Interchange (EDI) transaction services for L&I’s Pharmacy Point-of-Service Billing System. L&I’s Pharmacy Point-of-Sale (POS) system is a funded program within the Health Services Analysis (HSA) division. The system adjudicates prescription billing online at the point-of-sale. Prescription billing is submitted by the pharmacy. The submitted prescription passes through the Switch Vendor to L&I’s Pharmacy POS system. POS system validates the submitted information and adjudicates the prescription to a Paid or Denied status and then sends payment information back to the pharmacy through the Switch Vendor. The Switch Vendor’s role is to act as a router of information from the pharmacy to L&I, and from L&I back to the pharmacy.

The term of the Contract resulting from this solicitation, if awarded, is expected to be February 18, 2025 – December 31, 2031. L&I’s transaction volume is estimated to be approximately 50,000 every two months. Transaction costs are paid by the submitting pharmacy.

BIDDER QUALIFICATIONS

Bidders who do not meet the minimum qualifications as described herein will be deemed non-responsive and may not receive further consideration. Please see Bidder’s Questionnaire to review and respond to these qualifications.

5.1 Preferred Qualifications – Firm/Bidder’s Key Project Team Member(s)

5.1.1 L&I prefers that the firm’s experience listed in their response to the Bidder’s Questionnaire include performance in the last five years of at least three projects for real time Electronic Data Interchange (EDI) transaction services between pharmacies and other payers similar to that described in this RFQQ with

· State of Washington pharmacies in their network,

· high percentage (e.g. 99.5%) of transactions successfully transmitted,

· system activity and performance reporting, and

· a disaster recovery plan and a methodology for testing.

The bidder should possess substantial corporate knowledge as evidenced by previous contracts or projects and experience. Bidder shall be comfortable providing services with data that is consumed on a mainframe (pharmacy data will be consumed by L&I’s mainframe based LINIS application).

BIDDER’S CONFERENCE

There will NOT be a pre-Proposal conference for Bidders. Questions submitted in writing will be documented and officially answered by L&I in written form as explained below in Solicitation Modification. L&I shall be bound only to its written answers to questions as posted in WEBS.

SCOPE OF WORK

The Scope of Work the Contractor(s) must perform is described in the Attachment A - Sample Contract.

ACCEPTANCE OF SOLICITATION AND SAMPLE CONTRACT

The Apparent Successful Bidder will be expected to enter into a contract with L&I that is substantially similar to the Sample Contract, which is part of this solicitation. The Sample Contract is available for download from WEBS with all other documents posted under this solicitation.

In no event a Bidder can submit its own standard contract terms and conditions in response to this solicitation. The Bidder may submit suggested revisions as described in the Bidder’s Questionnaire.

PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this solicitation is tentatively scheduled to begin according to the Schedule, with the initial term ending December 31, 2031. L&I reserves the option to amend/extend any contract awarded for additional periods.

FUNDING

L&I’s transaction volume is estimated at 50,000 every two months. L&I offers no guarantee of volume or usage. L&I may elect to use one or more contractors to provide Electronic Data Interchange (EDI) transaction services for its POS system. The Contractor(s) shall receive from L&I no compensation, reimbursement, or payment, for any costs, fees, expenses, or other charges for connections, equipment maintenance, leased-line, etc. rendered under the contract. Transaction costs will be paid by the submitting pharmacy.

SOLICITATION COORDINATOR

The Solicitation Coordinator is the sole point of contact in L&I for this solicitation. Communications directed to parties other than the Solicitation Coordinator may result in disqualification of the Bidder.

Brad Allison, Solicitation Coordinator, may be reached at: K5761@lni.wa.gov

QUESTION AND ANSWER PERIOD

Questions concerning the solicitation must be submitted to the Solicitation Coordinator during the Question and Answer Period as outlined in the Schedule above. All questions must be submitted in an email to the Solicitation Coordinator.

The answer to any question which may be given orally during the Bidders’ Conference (see above) is to be considered tentative. Questions will be researched and the official answer published in writing and posted on WEBS. This will assure accurate, consistent responses to all Bidders.

LETTER OF INTENT TO BID

L&I is requesting Vendors who anticipate submitting a Bid to email its Letter of Intent to Bid to L&I’s Solicitation Coordinator as indicated in the Schedule, Section 1 on the cover page of this RFP.

Please use the following convention in the Subject Line: RFP K5761, <Your Company Name>, Letter of Intent to Bid.

COMPLAINT PROCESS – PRE-BID SUBMISSION

According to the Schedule on the cover page of this solicitation, Bidders may submit a complaint to the Solicitation Coordinator if s/he believes: 1) the solicitation unnecessarily restricts competition; 2) the solicitation evaluation or scoring process is unfair or flawed; or, 3) the solicitation requirements are inadequate or insufficient to prepare a Bid. Complaints must be submitted in writing to the Solicitation Coordinator, clearly articulate the basis for the complaint, and must include a proposed remedy. Text of a complaint is limited to one 8-1/2” X 11” single sided page in 10 point font or larger.

Any changes to the solicitation as a result of a complaint will be documented as outlined in Solicitation Modification; otherwise, all other responses to complaints will be posted separately in WEBS. The Department’s solicitation may continue. The complaint may not be raised again during the protest period. No further administrative remedy or appeal is available.

VENDOR REGISTRATION / WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS)

Washington's Electronic Business Solution (WEBS) is an Internet vendor registration and solicitation notification system. The system offers one online site where vendors can register to receive state government solicitation notifications. L&I shall utilize WEBS for all solicitation updates (e.g. addenda, amendments, posting, announcement of Apparent Successful Bidder, etc.). Only Vendors who have downloaded the original solicitation directly from WEBS prior to an amendment being issued will receive email notification from WEBS of an amendment. For more information and instructions to register: https://des.wa.gov/sell/how-work-state.

Bidders must register in WEBS by the Bid Due Date & Time. Failure to do so may result in the rejection of the Bidder's response. Bidders are encouraged to register as early as possible to ensure they have access to solicitation updates. A Bidder will not receive a notification of the solicitation or the updates prior to their registration.

SOLICITATION MODIFICATION

L&I reserves the right to change the Schedule or issue amendments to the solicitation at any time. L&I also reserves the right to cancel or reissue the solicitation in whole or in part, and for any reason, at the sole discretion of L&I at any time prior to execution of a contract.

Vendors are responsible for checking WEBS for any addenda or changes to the solicitation.

PARTICIPATION WITH SMALL AND DIVERSE BUSINESSES

L&I strongly encourages participation of small and diverse businesses. According to the 2019 State of Washington Disparity Study (opens in a new tab) small and diverse businesses were significantly underrepresented in state procurement contracts. As of April 1, 2023, under the direction of RCW 39.26 (opens in a new tab) and Executive Order (EO) 22-01 (opens in a new tab), the Department of Enterprise Services has implemented Policy POL-DES-090-06.

In support of this Order and Policy, small and diverse businesses are encouraged to participate in this solicitation, as the Bidder and/or as a Subcontractor of a Bidder. Please see Bidder’s Questionnaire.

L&I has established the following FY2024 voluntary numerical goals for its solicitations:

· Ten point eight percent (10.80%) Minority-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE); Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE); Washington Small Businesses, including microbusinesses or minibusinesses as defined in RCW 39.26.010(16) and (17).

· Two point two-three percent (2.23%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA).

· Achievement of these goals is encouraged whether directly or through subcontractors.

· OMWBE Certification. Bidders and their proposed subcontractors may contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and Women-Owned certified firms, state and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at OMWBE. Bidders may provide certification information in the Bidder’s Questionnaire, for themselves and/or subcontractors.

· WDVA Certification. Bidders and their proposed subcontractors may contact the Washington State Department of Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned Businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. Bidders may provide certification information in the Bidder’s Questionnaire, for themselves and/or subcontractors.

· Washington Small Businesses. Bidders may contact Enterprise Services about small and diverse business inclusion and qualification as a Washington Small Business. If bidder or subcontractor qualifies as a Washington Small Business, identify firm as such in WEBS. Call WEBS Customer Service at 360-902-7400. Bidders may provide certification information in the Bidder’s Questionnaire, for themselves and/or subcontractors.

EXECUTIVE ORDER 18-03, SUPPORTING WORKERS’ RIGHTS

Pursuant to RCW 39.26.160(3) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), L&I will evaluate bids for best value and provide a bid preference in the of 5 percent to any bidder who certifies, pursuant to the certification in the Bidder’s Questionnaire, Section 5.5, Contract Certification for Executive Order 18-03 – Worker’s Rights, that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

DEFINITIONS

Bid - An offer, Proposal, or quote for goods or services in response to a solicitation issued for such goods or services by the Department or an agency of Washington state government.

Bidder - An individual or entity who submits a bid, quotation, or Proposal in response to a solicitation issued for such goods or services by the Department or an agency of Washington state government.

Business Days and Hours - L&I’s published business days and hours are Monday through Friday, exclusive of state holidays, 8:00 a.m. to 5:00 p.m., Pacific Time. If the end of a period calculated using calendar days falls on a weekend or state holiday, it will be extended to 5:00 p.m. of the next business day.

Certified Minority and Women-Owned Business Enterprise (MWBE) - A minority or women-owned business enterprise certified by the Office of Minority and Women's Business Enterprises of Washington state.

Contractor - An individual or entity awarded a contract with the Department or an agency to perform a service or provide goods.

Vendor - Any business with an interest in this solicitation.

File Name: RFP K5761 10-09-2024 Page 7 of 14 Printed: December 2, 2024 General Information

EVALUATION AND AWARD

EVALUATION

The evaluation process is designed to award the contract to the Bidder with the best combination of attributes that meet the needs of L&I. Scoring of the Bidder’s written response will be based on the Bidder’s responses to the questions in the Bidder's Questionnaire.

Oral presentations, if requested, will be based on the evaluation team’s overall assessment of the Bidder’s presentation and responses to questions during the presentation. All Bidders forwarded to this stage of the competition shall enter with its preliminary score as shown below.

20.1 EVALUATION PROCEDURES

The evaluators will consider how well the response meets the needs of L&I as described in the Bidder’s response to each question in the Bidder’s Questionnaire. It is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the response.

20.2 EVALUATION TEAMS

The evaluation procedures will be performed under the direction of the Solicitation Coordinator and other state staff designated solely by L&I who will determine which bid is most responsive to the requirements stated in this solicitation. Bidders will not have personal contact with the evaluators unless L&I elects oral presentations.

20.3 WEIGHTING OF QUESTIONS

The scoring/weighting of responses is as follows with percent meaning the percent of the total points awarded in the preliminary scoring of the Bid.

WEIGHTING OF QUESTIONS

Topic Percentage

Methodology & Approach 35%

Qualifications & Experience 35%

Cost 15%

Executive Order 18-03 Certification 5%

*Washington Veteran-owned and/or Washington Small Business 10-20% (remove this line for a solicitation using federal dollars)

Preliminary Score 100%

Only top scoring Bidders will advance after the preliminary scores are determined.

L&I RESERVES THE RIGHT NOT TO BE LIMITED TO THE LOWEST COST BID.

*Points provided are based on the following: a Washington state certified veteran-owned and/or Washington state small business that meets the size or gross revenue standard (as defined in RCW 39.26.010(22)(a)).

(13) "In-state business" means a business that has its principal office located in Washington. (22) "Small business" means 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.

REFERENCES, PASS/FAIL

L&I may contact references for the top scoring Bidders only, based on Preliminary Scoring. References help the Department determine whether the Bidder is a responsible Bidder. L&I will use references to get more information related to any part of the Bidder’s proposal and qualifications to perform the work under this contract.

L&I may, at its discretion, reject the Bid of any contractor who has failed to perform satisfactorily on a previous contract with the state.

L&I reserves the right to contact references not supplied by the Bidder and use the information obtained during scoring. References may include, but are not limited to private companies, other governmental organizations and internal L&I programs.

ORAL PRESENTATIONS/SANDBOX DEMONSTRATIONS

L&I reserves the right to request oral presentations. If held, L&I will offer the top scoring bidders an opportunity to deliver an oral presentation, provide an introduction to the Bidder’s proposed team members, including one lead from each proposed subcontracting firm, key elements of its proposal, and respond to questions from the evaluation team.

L&I anticipates the Bidder’s team to include at least one principal, the Bidder’s proposed Project Manager who will oversee the provision of deliverables, and the proposed lead subject matter expert who will partner with L&I during the Period of Performance of the Contract. Questions can be expected to consist of the following:

1. pre-determined, uniform questions,

2. questions based on the specific bidder’s written response, and,

3. questions based on the bidder’s presentation/demonstration.

SUBSTANTIALLY EQUIVALENT SCORES

When evaluation of the Bids produces numerical ratings that are substantially equivalent, i.e., scores separated by 2% or less of the total available points, L&I reserves the right to proceed with the Bidder whose Bid is deemed to be in L&I’s best interest.

SELECTION OF APPARENT SUCCESSFUL BIDDER

The evaluation process is designed to award the contract to the most responsive and responsible Bidder.

Pursuant to DES Policy 090-06, solicitations with an initial value of $150,000 or less shall be awarded to the highest ranked responsive and responsible small or veteran-owned bidder unless there is no responsive and responsible bid submitted by a small or veteran-owned business.

FINAL SELECTION

L&I reserves the right, at its sole discretion to reject any or all Proposals without penalty and not to issue a contract as a result of this solicitation.

L&I reserves the right to refrain from contracting with any Bidder. The issuance of this solicitation does not compel L&I to purchase. The final selection, if any, will be that Proposal which, in the opinion of L&I, best meets the requirements set forth in this solicitation and is in the best interest of L&I and the state of Washington.

SINGLE RESPONSE

A single Bid (i.e., receipt of a Bid from only one Bidder) to the solicitation may be deemed a failure of competition and, at the sole option of L&I, the solicitation may be canceled. Likewise, receipt of only one Bid may allow L&I to award a contract to that Bidder.

AUTHORITY TO BIND THE DEPARTMENT OF LABOR AND INDUSTRIES

The Director of the Department of Labor and Industries or the Director’s designees are the only individuals who may legally commit L&I to the expenditures of funds for a contract resulting from this solicitation. No cost chargeable to the proposed contract may be incurred before receipt of either a fully executed contract or specific, written authorization from L&I’s Director.

DEBRIEFING OF BIDDERS

Bidders will be afforded a Debriefing Conference. The request for a Debriefing Conference must be received by L&I’s Solicitation Coordinator within three (3) business days after the Bidder Notice of Apparent Successful Bidder is emailed by WEBS. Discussion will be limited to a critique of the requesting Bidder's response. Comparisons between Bids or evaluations of the other Bidders’ responses will not be allowed. The Debriefing Conference must be held within five (5) business days after the Notice of Apparent Successful Bidder is emailed by WEBS.

PROTEST PROCESS

Who may protest? A party may utilize these protest procedures if it (1) has submitted a Bid, that is, the protester must have submitted a Bid, and (2) has requested a Debriefing Conference within the required time period, and (3) received a Debriefing Conference within the required time period.

Limitations. Bidders protesting the selection of the Apparent Successful Bidder must follow the procedures described below. The Bidder should include in its protest all issues it wishes to raise because a Bidder is limited to only one protest. Issues not raised in the initial protest shall not be considered. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders under this procurement. Chapter 34.05 RCW, Administrative Procedures Act (APA) does not apply to this procurement.

Protest Review. Upon receipt of a protest, a protest review will be held by the Contracts Office to review the procurement process utilized. This is not a review of Bids submitted or the evaluation scores received. The review is to ensure Department policy and procedures were followed, all requirements were met and all Bidders were treated equally and fairly. See Allowable and Disallowed Issues below.

If a protest may affect the interest of any Bidder, such Bidder(s) may be given an opportunity to submit its view and any relevant information on the protest to the Contracts Office.

The Contracts Office will consider the record and all facts available and issue a decision within ten (10) working days of receipt of the protest unless additional time is required, in which case the protesting party will be notified by the Contracts Office of the delay. The decision of the Contracts Office will be final and conclusive.

Allowable Issues. Only protests setting out an issue of fact concerning the following subjects shall be considered:

a) a matter of bias, discrimination, or conflict of interest on the part of an evaluator,

b) errors in computing the scores, or

c) non-compliance with procedures described in the procurement document or agency protest process or DES requirements.

Disallowed Issues. Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they attack such issues as:

a) evaluator's professional judgment on the quality of a proposal, or

b) L&I's assessments of its own needs or requirements.

PROTEST – PROCEDURE AND FORMAT

Written Document. All protests must be in writing and signed by the protesting party or an authorized agent and submitted as set out in Protest – Deadline for Receipt by L&I below. Telegrams, faxed documents, e-mail, or similar transmittals will not be considered.

Statement of Facts. The protest must state all facts and arguments about an allowable issue reasonably known by the protesting party at the time of the protest on which the protesting party is relying.

Required Format. The protest must be set out in the following format:

1. Identity of the protester. Name, address, phone number, FAX number, contact person.

2. Identity of the solicitation. Title of solicitation, date, and Solicitation Coordinator.

3. Issue protested. State which of the allowable issues is being protested.

4. Facts and circumstances. Describe, with specific details and in chronological order, the exact facts and circumstances leading to the belief that a protest worthy issue has occurred. Such statement must include, but is not limited to the following:

a. Dates of documents, actions, etc.; and

b. Names and titles of all involved parties; and,

c. Statements, activities, etc. of each involved party.

5. Resolution requested. State the requested resolution of the protest.

6. Attachments. List and include copies of all documents referenced in the protest. However, you do not need to send a copy of your Bid or this solicitation document.

Submit to: All protests shall be submitted to: ProcurementProtests@Lni.wa.gov In the event of a timely protest, the Department may proceed further with the procurement it shall not execute the contract unless the protest is decided or in the case of exigent circumstances, until the Department of Enterprise Services or a designee makes a written determination that the award of the contract without delay is necessary to protect substantial interest of the Department.

PROTEST – DEADLINE FOR RECEIPT BY L&I

The written protest must be received no later than 5:00 p.m. local time in Olympia, Washington, five (5) business days following your firm’s Debriefing Conference.

File Name: RFP K5761 10-09-2024 Page 12 of 14 Printed: December 2, 2024 Evaluation and Award

PREPARING AND SUBMITTING THE BID

COMPLETING THE BIDDER’S QUESTIONNAIRE

You must respond to the solicitation requirements by completing and returning to L&I the following documents, which in total are considered the Bidder’s Questionnaire:

1. RFP K5761 Bidder’s Questionnaire.docx, including the signed Certifications & Assurances;

Include additional pages as needed to respond to all information required. In all cases, adhere to page limits as may be stated in the Bidder’s Questionnaire.

WHEN ATTACHING ADDITIONAL PAGES for explaining answers or describing experience:

· Restate the number and the short title of the requirement; and,

· Write the response immediately after the short title.

Do not respond by referencing material presented elsewhere. The response provided immediately after the restatement of the requirement shall be considered complete and stands on its own merits. A response of “will comply” or “see above” or similar statement shall receive zero (0) points for scoring purposes. Failure to respond to any portion(s) of the Bidder’s Questionnaire may result in rejection of the bid as non-responsive and the bid will not be scored.

BIDDER IDENTIFICATION

The Bidder’s name must be entered at either the top or bottom of each page of the bid.

MOST FAVORABLE TERMS

L&I reserves the right to make an award without further discussion of the Bid submitted; there will be no best and final offer procedure. [NOTE: An exception is that the Solicitation Coordinator may contact the Bidder for clarification of a portion of the bid.] Therefore, the Bid should be initially submitted on the most favorable terms the Bidder can offer.

This solicitation, including the Contractor’s Bid, may become part of the awarded Contract. It is understood that the Bid will become a part of the official file on this matter without obligation to L&I.

SUBMISSION OF BID

All Proposals must arrive via attachment to an email, sent to the Solicitation Coordinator by the Bid Due Date as outlined in the Schedule, with the presentation and format as described below.

1. Bid attachments must be in Microsoft Word and Excel software as provided in the attachments on WEBS, except for the signed Certification and Assurances, which may be submitted separately with your bid in an Adobe PDF (Portable Document Format).

2. Please submit your Bid with this Subject Line: Your Company Name, Response to RFP K5761.

Postal mailed or faxed Proposals WILL NOT be accepted.

Late Proposals shall not be accepted and shall automatically be disqualified from further consideration. Delivery shall be at the Bidder’s sole risk to assure delivery at the designated time and to the designated email address. L&I does not take responsibility for any problems with the email.

PROPRIETARY INFORMATION & PUBLIC DISCLOSURE

Any information contained in the bid that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56, must be clearly designated. The Bidder must cite the statute and briefly explain how it applies to the proprietary information supplied in the bid. The page and the particular exception/s from disclosure upon which the Bidder is making the claim must be identified. Each page claimed to be exempt from disclosure must be clearly identified by the word "confidential" printed on the lower right hand corner of the page. Marking the entire bid as confidential will be neither accepted nor honored and may result in disclosure of the entire bid. The Bidder must be reasonable in designating information as confidential. Bids shall be deemed public records as defined in RCW 42.56 and RCW 39.26. Confidentiality is available only to the limited extent allowed in state law. L&I can choose to disclose despite information being marked as confidential.

COST OF PREPARING BIDS

L&I is not liable for any costs incurred by Bidders in the preparation and presentation of Bids submitted in response to this solicitation.

FAILURE TO COMPLY

The Bidder is specifically notified that failure to comply with any part of the solicitation may result in rejection of the Bid as non-responsive. Rejected, non-responsive Bids will not be scored. Failure to respond to any portions of the Bidder’s Questionnaire may result in rejection of the Bid as non-responsive and the Bid will not be scored.

ERRORS

L&I will not be liable for any errors in Bids. L&I reserves the right at its sole discretion, to make corrections or amendments due to minor administrative irregularities contained in any Bid.

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