RFP2024-13 - AG Wage Survey.docx

P.O. BOX 9046, OLYMPIA, WASHINGTON 98507-9046

RFP #2024-13

REQUEST FOR PROPOSAL – RFP

PROJECT TITLE: Employment Security Department - Annual Wage Survey (ESD-AWS)

BRIEF DESCRIPTION: In accordance with RCW 50.38.070, Bidder must conduct an Annual Wage Survey of non-H-2A workers hand harvesting apples, cherries, pears, and blueberries.

Bids are due November 11, 2024, at 5:00. Pacific Time.

Procurement Coordinator Gregory Grahn, Email: Gregory.grahn@esd.wa.gov The RFP Coordinator is the sole point of contact in ESD for all matters related to this procurement. Bidders may not discuss matters included in this RFP with other ESD employees.

E-mail Bid Proposals to: esdgpbids@esd.wa.gov

Bidders are responsible for properly registering in the Washington Electronic Business Solutions (WEBS) system, https://fortress.wa.gov/ga/webs/ and downloading the solicitation document and all appendices and incorporated documents related to this solicitation. Notification of any RFP addenda, amendments or Bidder questions and answers will only be provided to those vendors who have registered with WEBS and have downloaded the solicitation from WEBS. Failure to do so may result in a Bidder having incomplete, inaccurate, or otherwise inadequate information.

It is each Bidder’s responsibility to fully read and understand all provisions of this RFP. All sections contain information that is materially important for submitting a successful proposal. If a Bidder does not fully understand any portion of this RFP, the Bidder should contact the Procurement Coordinator and/or submit an inquiry.

It is the responsibility of each Bidder to carefully read, understand, and follow all of the instructions contained in this RFP and all amendments hereto. ESD ESD complies with the American Disabilities Act (ADA): Bidders may contact the Procurement Coordinator to receive this Request for Proposal in Braille or tape.

1. Procurement Schedule and Submission Checklist

1.1 PROCUREMENT SCHEULE:

Bidders must follow the schedule of activities as set forth below. This schedule is subject to change at the discretion of ESD. Any change will be posted as an amendment in WEBS. It is BIDDERS RESPONSIBILITY to check WEBS to see if any amendments are posted.

All times are local to Washington State, U.S.A.

Bidders Conference:

Join the meeting now

October 23, 2024 – 1:00 p.m. – 2:30 p.m.

THE FOLLOWING DATES ARE ESTIMATES and can change at any time without prior notice

1.2 BID SUBMISSION DOCUMENTS:

Bidder must submit the following documents listed in the table below. No other materials need to be submitted. No other materials will be evaluated or scored.

Each respective Appendix is embedded in the last column of the identified row. Instructions on how to develop the Bidder’s response to each appendix is included in the embedded document.

Provide written responses on the Appendix.

(Must be maintained as an Excel File with full Excel functionality.)

1.3 DOCUMENTS TO BE SENT ELECTRONICALLY

Bidders must submit their Bid Proposal via email as follows:

Email address: Esdgpbids@esd.wa.gov, Subject line: RFP #2024-13 – Bid Submission – [Your entity’s name].

Submission of the Bidder’s Notice of intent to Bid must be received by ESD no later than the time and date noted in the Procurement Timeline. Bidders who do not timely submit their notice of intent to bid, or who do not properly demonstrate that they can meet all mandatory Bidder Requirements will be disqualified from further review as being non-responsive.

Submissions of the Bidder’s remaining Proposal must be received by the date and time noted in the current Procurement Schedule. Proposals received after the deadline will be deemed as non-responsive and will not be accepted, reviewed, or evaluated.

Bidders must submit electronic copies of their Proposals in Microsoft Office software or as a PDF. Documents should be submitted in their original form and not modified to include stationary, letterhead, logos, fonts, etc. except as specifically directed in each form.

Bidder’s submission must be all-inclusive in one email and contain all required material in that email transmission. If multiple emails are required due to size restrictions, Bidder can use multiple emails, but each email must be labeled as being a single component of a larger batch. Each email must also be sent immediately after the prior email.

1.4 ZIP FILES OR OTHER MECHANISMS

Files should be attached directly to the email as Word, Excel, or PDF files. Bidders cannot zip the files, or use other programs designed to contain files therein. ESD must be able to scan the file individually prior to opening any folder or other format housing the files. ESD’s inability to do so may result in disqualifying the Bidder’s proposal. If Bidders intends to use any such mechanisms for its submission, it should consult with the procurement coordinator (by email) at least one week prior to submitting the files.

1.5 SINGLE FILE RESPONSES FOR EACH APPENDIX

It is required that each Bidder submit the respective Appendices as separate independent files, all attached on one email.

When responding to each respective Appendix, all content of your responses must be contained within the single file (Word, Excel, PDF) identified for that Appendix. Evaluators will ONLY BE GIVEN THE ONE SINGLE FILE to review and will not read multiple Bidder files for the same Appendix. If your response includes, brochures, resumes, outside letters, etc., they must be included into the single file identified as that appendix.

1.6 RESPONSE LAYOUT REQUIREMENTS

All responsive pages for each appendix must be consecutively numbered. All pages must also contain the name of the Bidder, and the appendix letter to which it applies. The required information may be located at the top or bottom (header or footer) of each page but must be consistent throughout. Any page of material that cannot be independently identified to a respective Bidder, may be disregarded, and not scored.

2 SUMMARY OF OPPORTUNITY

2.1 INTRODUCTION

THIS IS A REQUEST FOR PROPOSALS. The Employment Security Department (ESD), on behalf of the Data Architecture, Transformation & Analytics (DATA) division is seeking proposals from highly qualified entities that can administer an Annual Agriculture Worker Survey in accordance with RCW 50.38.070.

2.2 BACKGROUND

The Data Architecture, Transformation & Analytics division of the State of Washington Employment Security Department under RCW 50.38.070 must conduct or cause to be conducted, a comprehensive annual wage survey of non-H2A workers hand harvesting apples, cherries, pears and blueberries. This RFP is in direct response to the new statue.

2.3 OBJECTIVES

Bidder will be expected to conduct a detailed agricultural wage and employment practices surveys in accordance with RCW 50.38.070.

RCW 50.38.070 Annual wage survey.

(a) Gather information on wage rates received for harvesting activities;

(b) Include a question concerning whether the survey respondent made an unemployment insurance claim in the same period of time used to compile any list of unemployment claimants used as a basis for the phone survey described in this section;

(c) Gather information on the respondent's age, gender, and whether the respondent was born in the United States or the number of years the respondent has lived in the United States; and

(d) Gather information on whether the respondent earned the reported wages while working on a farm that employed H-2A workers to do the same kind of work.

(3) The survey must:

(i) 1,200 apple harvesters;

(ii) 200 pear harvesters;

(iii) 200 blueberry harvesters; and

(iv) 350 cherry harvesters; and

2.4 STATEMENT OF WORK (SOW)

The attached Sample Contract contains suggested Statement of Work (SOW) for this agreement. This SOW is contained in the sample contract (as Exhibit A to the Sample Contract). ESD is willing to entertain proposals that revise and improve this statement of work, however, ESD is not required to accept such editions in place of its own. Vendor must minimally have the ability to complete the SOW as written thereon.

2.5 BUDGET:

ESD’s proposed budget for this engagement is $648,000.00. This is the maximum amount that ESD will accept as a proposed cost for this work; any proposal that exceeds this amount will be rejected as being non-responsive.

NOTE: ESD’s proposed budget is not a suggested budget for this work. Bidder’s are encouraged to provide a cost proposal that provides the state with the greatest amount of economies and efficiencies. Additionally, all proposals will be scored for cost and may be further evaluated for the reasonableness of that cost in comparison with all other bidders.

2.6 FUTURE EXTENSION OF SERVICES:

The awarded Bidder from this RFP may be used for future similar agriculture wage surveys as required by ESD. ESD sets no limitation to the number of future surveys that the awarded Bidder may perform without the need for an additional competitive solicitation.

3 BIDDER INFORMATION

3.1 BIDDERS CONFERENCE:

To help provide Bidders with information about the RFP requirements, including the Data Security and Safeguarding requirements, ESD will have a live Bidder’s conference whereby ESD will provide background information concerning its expectations for deliverables, and the required context for the security measures. ESD will answer questions by interested Bidders concerning these matters.

Notwithstanding the Question-and-Answer Period, this conference will be the sole venue where ESD will accept questions on the Data Security and Safeguarding Requirements. ESD will not be under any obligation to answer data security related questions as part of the written Q&A process.

The link for the Bidder’s Conference is:

Microsoft Teams Meeting: Meeting ID: 251 065 138 738 \ Passcode: BnfMCV Dial in by phone +1 564-999-2000,,482197949# United States, Olympia NOTE: This conference will not be recorded.

3.2 BIDDER QUALIFICATIONS

To be eligible for consideration, a Bidder must be licensed, or able and willing to obtain a license, to do business in the State of Washington. Bidder must also meet the Qualifications noted below.

· Bidder must be licensed, or able and willing to obtain a license, to do business in the State of Washington.

· Bidder must have capacity to conduct interviews, focus groups, or other data collection modes with specialty in agriculture work in a minimum of Spanish and English.

· Bidder must have ability to meet Federal Data Security Requirements as fully set forth in 2 C CFR 603, Statewide standards as set forth by the Washington State Office of the Chief Information Officer (OCIO), and Chapter 50.38 RCW. Additionally, Bidder must meet the system and procedural standards as set forth in Exhibit B of the Sample Contract – a copy of which is embedded below in Table 3.2.

Table 3.2

Copy of Data Sharing requirements

3.3 BIDDER WRITTEN INQUIRIES - QUESTIONS AND ANSWERS

If a Bidder has any questions or inquiries regarding this RFP (other than those concerning Data Security and Safeguarding measures), such matters must be put in writing and emailed to esdgpbids@esd.wa.gov.

Please email; do not call the Procurement Coordinator directly. ESD will only answer relevant questions received in writing by the date and time specified in the RFP Procurement Schedule.

NOTE: Questions do not need to be individually answered prior to the scheduled date for responses unless the response could determine whether a Bidder submits a Proposal.

Responses: All questions and responses will become part of an official Addendum, which will be posted in WEBS. The Procurement Coordinator is not required to send individual notification to Bidders when responses are available.

Late Inquiries: ESD may respond to late inquiries, but it is under no obligation to do so. Although ESD strives to provide each Bidder with the information it needs, ESD also must make sure that all Bidders have consistent and equal access to the same information.

3.4 COMPLAINTS PROCESS

Bidders may submit a formal written complaint to the RFP Coordinator. The RFP Coordinator will consider complaints from the Bidder that meet one or more of the following criteria. The Bidder believes the Solicitation:

a. Unnecessarily restricts competition.

b. Contains inadequate or insufficient requirements; or

c. Utilizes an evaluation process that is unfair or flawed.

In addition, all written complaints must comply with the following requirements:

a. The complaint must be sent to the RFP Coordinator in a timely manner, no later than five (5) business days prior to the bid response deadline.

b. The complaint must clearly articulate the basis for the complaint; and

c. The complaint must include a proposed remedy.

The RFP Coordinator will evaluate the validity of the complaint and make a good-faith effort to notify the Bidder within three (3) business days of ESD’s decision. If the RFP Coordinator requires additional time to make a determination, the Bidder will be notified within the (3) business days.

ESD reserves the right to modify the solicitation if it is determined, at the sole discretion of the agency, that the complaint is valid or the recommended change is in the best interest of agency. Bidder complaints may not be raised again during the protest process. The agency’s decision is final and no appeal process will be available to the Bidder once a decision has been made.

ESD’s response to the complaint, including any resulting changes to the solicitation, will be posted on WEBS. The ESD Director of Contracts will be notified of the complaint and provided with a copy of the agency’s response.

4 CONTRACT INFORMATION

4.1 SAMPLE CONTRACT & BIDDER EXCEPTIONS

A Sample Contract will be embedded in Table 4.1 below, or will be posted to WEBS at least twenty-eight days before the Bid Proposals are due. This sample contract constitutes the foundational document from which ESD will negotiate and ultimately contract with the ASB. Final contracts must remain consistent with the sample contract. Under no circumstances is the Bidder to submit its own standard contract terms and conditions in response to this solicitation. A Bidder’s own Standard Contract will not be accepted or reviewed.

Bidder Exceptions: If Bidder does not accept all terms in the sample contract, then bidder MUST identify its exceptions no later than the date Bid Proposals are due. (Although ESD suggests that Bidder provide such exceptions as early in the Bid process as possible.) Bidder’s exceptions should be turned in as a separate document labeled “RFP 2024-13 - [Bidder Name] Contract Exceptions.”

ESD’s Response to Bidder Exceptions: Upon receipt of bidder’s exceptions ESD may at its sole discretion: (1) Request clarifications from the bidder, (2) Deem certain exceptions to be material changes to the contract or otherwise unacceptable. ESD will then notify the bidder that the exceptions must be revised or waived in order for the bid to be considered responsive. (3) Deem the exceptions to be potentially allowable alterations to the contract, and negotiate the merits of such edits during the contract negotiation stage should Bidder become the ASB.

Table 4.1

Sample Contract

4.2 FAILURE TO CONTRACT WITH ASB

ESD will make a good faith effort to negotiate proposed edits to the contract with the Apparent Successful Bidder (ASB). However, if ESD believes that despite such efforts, ESD and the ASB cannot enter into an agreement that properly serves the interests of the State of Washington, then ESD may rescind its determination of the ASB and award a new ASB.

5. EVALUATION AND AWARD

2.1 2.2 2.3

5.1 LACK OF COMPETITION

If at any time during the RFP process (subsequent to the timely receipt of all notices of intent to bid) ESD determines that only one Bidder remains as a potential qualified Bidder, ESD may cancel the evaluation process and immediately review the single Bidder’s proposal to determine whether it is a reasonable and responsive proposal.

If at any time during the RFP process (subsequent to the timely receipt of all notices of intent to bid) ESD determines that no Bidder remains as a potential qualified Bidder, ESD may cancel the entire RFP.

5.2 DETERMINATION OF RESPONSIVENESS

All Proposals received by the stated deadline will first be reviewed by the Procurement Coordinator to ensure that the proposals contain all of the information required in this RFP. Only responsive proposals that meet the requirements will be forwarded to the evaluation team for further review. Any proposal that does not contain all of the required information, or any Bidder who does not meet all of the mandatory qualifications, will be rejected as non-responsive, and will be removed from further evaluation.

The Procurement Coordinator has the right to waive, and/or seek correction of, minor informalities that do not alter the substantive content of the Proposal. If Bidders are given the opportunity to correct such issues, they must do so only as instructed and cannot alter or edit the material responses of the proposal.

5.3 EVALUATION FORMAT

The evaluation process is designed to identify the top Bidder who is the lowest (priced) responsive and responsible Bidder. Appendices C and D fall under this review.

The review will be conducted by an evaluation team. ESD has sole discretion over the number and selection of evaluators to make up each team – this includes the option to have a single evaluator for any given scored section. ESD will make the determinations based on each evaluator’s knowledge, skill, and experience with the subject matter. Evaluators do not need to be employed personnel of ESD.

5.4 EVALUATION TEAMS & SCORES

Each evaluator will independently grade and score the Bidder’s material based on their own independent judgment. The grading curve is based on a scale of zero (low) to 10 (high) in accordance with the table below.

ESD has the right to bring in one or more subject matter experts to help evaluators understand Proposals. These subject matter experts will not score Proposals.

All evaluator scores will be combined and then weighted to reflect the maximum score for each section as set forth below.

5.5 DETERMINATION OF LOWEST RESPONSIVE AND RESPONSIBLE BIDDER

ESD uses the criteria noted in RCW 39.26.160, ESD to determine the Lowest Responsive and Responsible Bidder as the apparent successful bidder. In determining whether a bid proposal is deemed responsible, ESD will also use a quality threshold calculation as set forth below.

Quality Threshold: ESD will also separately evaluate the reasonableness of the Bidder’s responses to determine if the Bidder and proposal have the required quality and expertise. If a Bidder’s combined cumulative score for appendix C is less than eighty-five (85) percent of the highest score for those appendices, then the Bidder’s entire proposal may be rejected regardless of price.

5.6 SELECTION OF APPARENT SUCCESSFUL BIDDER(S)

ESD will use the full evaluation format above to determine the Apparent Successful Bidder(s). The Designation as an ASB does not mean that ESD will issue an Award to the identified entity. It merely indicates that at that moment in time, upon conclusion of the initial evaluation, ESD believes the entity to be the most responsive and responsible bidder. This designation allows ESD to perform a responsibility analysis and ask for additional documentation if necessary. ESD still reserves the right to re-review and determine whether the Bidder is truly as responsive as initially believed.

5.5.1 DATA SECURITY REVIEW

After posting the ASB, ESD will engage in a detailed Data Security Review with the Bidder to verify that Bidder can meet all of ESD Data Security Requirements. If it is determined through that review that the Bidder does not meet all requirements, ESD may rescind the announcement of ASB, and re-engage in a review with the next highest bidder. This process will continue until ESD verifies that the announced Bidder can meet all Data Security Requirements.

5.7 ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER -- DEBRIEF

Following the announcement of the Apparent Successful Bidders (ASB), Bidders may request a Debrief conference. Unsuccessful Bidders will have a short period of time to request the Debrief conference.

NOTE: A Debrief conference is a required prerequisite for any Bidder desiring to protest the award.

6. DEBRIEF AND PROTESTS

6.1 Debriefing of Unsuccessful Bidders

Consistent with RCW 39.26.160(7), ESD will use WEBS to announce the apparent successful Bidder(s). This announcement starts the clock for the debrief and protest process outlined below.

In the event the protest process results in a different apparent successful Bidder, a new apparent successful Bidder will be announced. If this happens, the debrief and protest period outlined below starts again.

On announcement of an apparent successful Bidder(s), submissions and evaluations are available for public inspection. If requested, the protest period should not conclude before the requestor has had five (5) business days to review.

Bidders who submitted a Proposal and were not selected as an Apparent Successful Bidder will be given the opportunity for a Debrief conference. The Procurement Coordinator must receive the request for a Debrief conference within three (3) business days after the notification of unsuccessful Bidder(s) email is sent. The Debrief shall be held within five (5) business days of the request.

Discussion will be limited to a critique of the requesting Bidder’s Proposal including the factors considered in the evaluation of that Proposal and the Bidder’s performance with regard to the solicitation requirements. Comparisons between Proposals or evaluations of the other Proposals will not be allowed. Debrief conferences may be conducted by video conference or on the telephone and will be scheduled for a maximum of thirty (30) minutes.

6.3 Protests

Bidders protesting this procurement shall follow the procedures described in Section E-4 below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to a Bidder under this procurement. ESD will not accept any protest before the announcement of the Apparent Successful Bidder(s).

The protest procedure is only available to Bidders who submitted a response to this RFP and who have participated in a Debrief conference. ESD must receive a protest within five (5) business days of the Debrief, except when procurement records are properly requested within that five-day period.

6.4 Procurement Records Disclosure

A Bidder may request copies of solicitation and evaluation documents or may inspect solicitation and evaluation documents in order to decide the efficacy of making a protest. Such a request must made as a public records request sent to the Public Records Office for ESD. (An additional copy of the request should also be sent to the Procurement Coordinator. ESD will respond to provide the Bidder with notice on when they should expect to receive the documents. The five-day period to file for the protest will then start over when the documents are made available to the Bidder.

6.5 Grounds for Protest

A protest may be made based only on the following grounds:

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

b. Errors in computing the scores.

c. Non-compliance with the procedures established in this Procurement document.

Protests not based on these grounds 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 Proposal, or 2) ESD’s assessment of its own needs or requirements.

6.6 Protest Form and Content

A Protest must state all the facts and arguments upon which the Protest is based, and the grounds for the Protest. It must be in writing and signed by a person authorized to bind the Bidder to a contractual relationship. At a minimum, the Protest must include:

The name of the protesting Bidder, mailing address and phone number, and the name of the individual responsible for submission of the Protest.

a. The RFP number and title.

b. A detailed and complete statement of the specific ESD actions under Protest.

c. The grounds for the Protest; and

d. Description of the relief or corrective action requested.

e. Bidders may attach supporting documentation to their Protest as they deem necessary and proper.

6.7 Submitting a Protest

Protests must be in writing, must be signed by the Bidder, and must be received by the ESD Contract Administrator at the address below within five (5) business days after the debriefing conference. Protests may be submitted by email.

All protests shall be emailed to ESD Contract Director as follows:

Email address: Esdgpbids@esd.wa.gov, Subject line: RFP #:21024-13 Protest by [Bidder’s name].

Upon ESD’s receipt of a Protest, a review and investigation will be conducted by a neutral party, designated by the Contract’s Director, who had no involvement in the evaluation and award process. The reviewer will conduct an objective review of the Protest, based on the contents of the written Protest and the RFP and any amendments, the Proposals, all documents showing evaluation and scoring of the Proposals record and any other pertinent information and issue a decision within ten (10) business days of receipt of the protest, unless additional time is needed. If additional time is needed, the protesting Bidder will be notified of the delay.

In the event a Protest may affect the interest of another Bidder that submitted a Proposal, such Bidder will be given an opportunity to submit its views and any relevant information on the Protest to the Contract Director.

ESD will make a final determination on the Protest; per its findings, ESD will:

a. Find the Protest lacking in merit and uphold ESD’s action.

b. Find only technical or harmless errors in ESD’s acquisition process and determine ESD to be in substantial compliance and reject the protest.

c. Find merit in the protest and provide ESD options which may include:

· That ESD correct the errors and re-evaluate all Proposals

· That ESD reissue the RFP document and begin a new process

· Other courses of action as appropriate

7. ADDITIONAL GENERAL PROVISIONS

7.1 Announcement and Special Information

By responding to this RFP, a Bidder acknowledges they have read and understand the entire RFP and accepts all information contained within the RFP without modification.

7.2 Communications

The RFP Coordinator is the sole point of contact in ESD for this procurement. Any and all related communication between the Bidder and ESD upon posting of this RFP must be with the RFP Coordinator. Direct communication with other members of ESD concerning any substantive matters related to this RFP, may be grounds for disqualification of the Bidder.

7.3 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). Those restrictions also apply to any Bidder submitting a Proposal under this RFP who has hired a former state employee. Bidders should familiarize themselves with the requirements prior to submitting a Proposal that includes current or former state employees.

7.4 Amendments to The RFP

ESD reserves the right to revise this RFP. All changes will be made by written amendment. All official amendments will be posted in WEBS and will automatically become incorporated as part of this RFP. If there are any conflict between amendments, or between an amendment and the RFP, whichever document was issued last in time will be controlling.

Amendments will be made in consideration to the overall timeline; ESD will determine whether extensions to the timeline are necessary.

7.5 Responsiveness of Bidder’s Proposal

Each 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. ESD will not be liable for any errors or omissions in Bidder’s Proposal. Bidders will not be allowed to alter Proposal after the Proposal Submission Deadline.

It is the responsibility of each Bidder to carefully read, understand, and follow all the instructions contained in this RFP, and in any future amendments. If a Bidder does not fully understand any bid requirement, Bidder should submit an inquiry to the Procurement Coordinator. Bidders are hereby notified that failure to comply with any solicitation requirement may result in the Proposal being rejected as being non-responsive. ESD reserves the right to waive any administrative minor irregularity in a proposal, but it is not required to do so.

7.6 Clarity and Clarifications

ESD will make the sole determination of clarity and completeness of the Proposals. No Proposal may be altered or amended after the submission deadline; however, ESD reserves the right to contact a Bidder for clarification of responsive contents if necessary.

NOTE: This clarification process is only used to clarify information that was contained within the Proposal; it is not a means of providing or incorporating new information that was otherwise not initially included.

7.7 Cost of Response Preparation

ESD will not reimburse Bidders for any costs associated with preparing or presenting a Proposal to this solicitation.

ESD will not be liable for any costs incurred by the Bidder in preparation or presentation of a responsive Proposal to this RFP.

ESD will not pay for any costs accrued prior to a mutually executed contract or purchase order resulting from this RFP.

7.8 DUE DILLIGENCE

ESD has the inherent right to perform due diligence on any Bidder. This includes, without limitation, the ability to contact past references or any other persons or entities named in Bidder’s Proposal. By submitting a Proposal, Bidder consents to this paragraph, and will provide a disclosure waiver upon request by ESD. Failure to provide a disclosure/waiver upon request may result in disqualification.

7.9 Ownership of Proposals

All Proposals and materials submitted in response to this RFP become the property of ESD. ESD has the right to use information or adaptations of information that is presented in a response, unless the information is marked “Proprietary” and is not: (1) already known to ESD prior to receipt of the information in the Proposal or materials submitted in response to this RFP, (2) subsequently disclosed to ESD by a third party who has the lawful right to make such disclosure, or (3) lawfully publicly available. Selection or rejection of the offer will not affect this right.

7.10 Final Selection & No Obligation

ESD reserves the right, at its sole discretion, to reject all responses without penalty and not to issue a contract as a result of this solicitation. ESD further reserves the right to cancel or reissue this RFP prior to execution of a contract, if it is in the best interest of ESD to do so, as determined by ESD in its sole discretion.

7.11 Incorporation of Proposal in Contract

The Bidder’s response, including all promises, warranties, commitments, and representations made in the successful Proposal, are binding and shall be incorporated by reference into ESD’s contract(s) with an Apparent Successful Bidder.

7.12 Statewide Vendor Payment Registration

Contractors are required to be registered in the Statewide Vendor Payment system, prior to submitting a request for payment under the Contract. The Washington State Department of Enterprise Services (DES) maintains a central contractor registration file for Washington State agencies to process contractor payments.

To obtain registration materials go to the Statewide/Vendor Payee Services (SWPS) website at: http://des.wa.gov/services/IT/SystemSupport/Accounting/Pages/swps.aspx. The registration form has two parts. Part 1 is the information required to meet the above registration condition. Part 2 allows the ESD (and other state agencies) to pay invoices electronically with direct deposit. This is the most efficient method of payment and vendors are encouraged to sign up.

7.13 Minority Women Owned and Veteran Owned Business Enterprises In accordance with the legislative findings and policies set forth in chapter 39.19 RCW, and RCW 43.60A.200 and 39.22.240, the state of Washington encourages participation by veteran-owned business enterprises and Minority & Women Owned Business Enterprises (MWBE), either self-identified or certified by, respectively, the Department of Veterans Affairs or the Office of Minority & Women’s Business Enterprises (OMWBE). While the State does not give preferential treatment, it does seek equitable representation from the veteran owned business and minority and women’s business communities.

Participation by veteran owned and MWBE contractors may be either on a direct basis in response to this RFP or as a subcontractor to a contractor. However, no preference will be given in the evaluation of Proposals, no minimum level of MWBE or veteran-owned business participation shall be required, and Proposals will not be evaluated, rejected or considered non-responsive on that basis.

Bidders may contact the Office of Minority & Women’s Business Enterprises (OMWBE) at https://omwbe.wa.gov/directory-certified-firms and/or the Department of Veterans Affairs at https://www.dva.wa.gov/program/certified-veteran-and-servicemember-owned-businesses to obtain information on certified firms for potential sub-contracting arrangements or for information on how to become certified.

7.14 Public Disclosure & Proprietary Information

ESD is subject to the Public Records Act, chapter 42.56 RCW. Proposals and evaluations may not be disclosed while the RFP is pending (RCW 39.26.030); however, all of the Proposals and evaluations may be disclosed after the announcement of the Apparent Successful Bidder(s).

Notwithstanding language in the Public Records Act that accounts for special treatment of proprietary information, ESD for purposes of this Bid does not allow the Bidder to submit proprietary or confidential information within their proposals. This RFP and the ensuing contract from this RFP are both intended to be fully public documents where all actions of a winning bidder will be subject to the public request, review, and availability. As such, Bidders are not allowed to identify any sections within their proposals as containing information that is proprietary or confidential. If Bidder so designates any portions of their proposal, ESD will require them to withdraw such a designation, or the proposal will be disqualified as being nonresponsive.

Bidders may seek the information from other Proposals once the Apparent Successful Bidder is announced.

7.15 Civil Rights Compliance

The Washington State Employment Security Department, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Bidders will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of the owner’s race, color, national origin, sex, age, disability, or income-level, in consideration for an award. ESD will also affirmatively ensure that any contract entered into pursuant to this solicitation will require full incorporation of these rights in relation to all employees, personnel, and agents of the contractor.

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APPENDIX A - NOI & Qualifications.docx APPENDIX A – Notice of Intent

Verification of Minimum Qualifications:

Before Bidders submit a full proposal, ESD requires perspective Bidders to pre-submit this form, which includes the notice of intent to Bid, and also the Verification that the Bidder meets all qualifications:

This form must be emailed to the RFP Coordinators at esdgpbids@esd.wa.gov.

Notice of Intent to Bid: * Due by October 24, 2024 – 5:00 p.m.

The below-named Bidder hereby notifies ESD it intends to submit a Proposal for RFP 2024-13. The proposal will be submitted in the Bidder’s name as stated below.

Bidder Name: ______________________________________________________________

Name of Corporation or legal entity.

Person on behalf of Bidder to whom ESD should send notices.

Name of Person Email Title

Bidders are advised to submit the form early if possible. ESD will not accept RFP Proposal submissions from Bidders who did not provide timely notice, or who did not get a waiver from ESD.

Intent Is Simply Intent: Bidders who submit a notice of intent are not thereafter required to submit a full proposal. If a Bidder decides it does not wish to submit a proposal for this RFP, it may simply decline to do so. (However, in such instances, ESD asks that the Bidder write the Procurement Coordinator and let them know.)

VERIFICATION OF QUALIFICATIONS:

Bidders are required to pre-submit written verification that they meet the minimum qualifications set forth in this RFP. Bidder should provide a written response to each qualification noted below identifying that it can fully meet the requirement.

If a Bidder believes it only partially meets a qualification, it should explain the degree to which it meets the qualification, and further identify those matters to which it does not fully meet the qualifications. For all partial qualifications, ESD will review the response and let the Bidder know whether their proposal will be accepted or rejected based on meeting that criteria. (One of ESD’s main goal with this format is to help Bidders avoid the time and expense of submitting a full proposal when they will not be deemed as fully qualified to perform this work.)

Section 3.1 of the RFP identifies minimum qualifications that each Bidder must meet in order to be able to bid on this project. For each qualification, briefly explain how you currently meet, or will be able to meet, each standard:

Standard 1: Bidder must be licensed, or able and willing to obtain a license, to do business in the State of Washington.

Standard 2: Bidder must have capacity to conduct interviews, focus groups or other data collection mode with specialty crop farmworkers in at least English and Spanish.

Standard 3: Bidder must have ability to meet Federal Data Security Requirements as fully set forth in 2 C CFR 603, Washington State Office of the Chief Information Officer (OCIO) statewide standards, as well as Chapter 50.38 RCW. Additionally, Bidder must also meet system and procedural standards as set out in Exhibit B of the Sample Contract.

NOTE: All written materials for this Appendix should be included into a single Word/PDF file, and should be titled “RFP 2024-13 – Appendix A – [Your Entity Name]”

Washington State Appendix A NOI and Qualifications RFP 2024-13

Employment Security Department Page -1-image3.emf

APPENDIX B - Bidder Profile.xlsx Sheet1

Appendix B - Bidder Profile

Complete all information, then email this Appendix to: ESDgpbids@esd.wa.gov

Name file as: 2024-13 - Appendix A - [Bidder Name]

This Appendix must be submitted as an Excel file with full Excel functionality. (ESD will import information directly from this form).

1 Entity Info Entity Name Bidder entity must be a legally recognizable entity that can contract with the State of Washington -- it cannot just be a DBA or an unregistered organization name. If the Bidder is an indivdual, then use the Bidders full name.

Address - City - State - Zip Address of your entity to be used for legal purposes and communications.

Entity Type Identify your entity type: Corp. llc, PLLP, Sole Proprietorship

DBA (if any) Identify if you entity does business under a DBA

2 Registration Information WA Statewide Vendor # (SWV) All state vendors must be registered with the Washington State Department of Enterprise Services as a statewide vendor. Vendors cannot be paid until they have a SWV number. If no current SWV number, affirm that your organization will obtain a SWV number within ten (10) days of executing contract

State Registration Number In WA, this is the UBI number, or a tax registration number from the Dept. of Revenue. If Bidder does not have a WA registration number, it must affirm that the entity will register in the state of Washington within ten days of executing contract.

Federal Tax Identification # This is for Bidders Federal TIN. If Bidder is an inidividual, Bidder should not supply a Social Security Number. Pre-Apprenticeship

3 RFP Contact Name This section identifies who ESD should contact during the RFP to provide the Bidder with updated information. Please identify one person.

Title

Phone

Email Address

4 Contract Manager Name If Bidder is the awarded bidder, this section identifies who would be the contract manager for the ensuing contract. Contract manager is the liason for all communications and notices between contractor and ESD.

Phone

Email Address

5 Signatory Name If Bidder is the awarded bidder, this identifies the person for the Bidder who is authoirized to execute all certifications and will also singn the agreement is Bidder is awarded as the ASB.

Title

Email Address

6 Small, Minority, or Veteran Business TYPE: "YES" or leave blank for all that apply. OMWBE Certified OMWBE Certified Business is a Business certified with the office of Women and Minority Businesses Enterprises under Chapter 39.19 RCW.

Small Business A Small Business is an in-state (Washington) business (including sole proprietorship, a corporation, partnership, or other legal entity,) that is owned and operated independently from all other business, and has (a) fifty or fewer employees, or (b) less than seven million dollars annually as reported on its federal income tax return over the past three consecutive years.

Minority Owned A Minority Owned Business is a “small business” (per above definition) which is at least 51% owned by a one or more minority individuals.

Women Owned A women Owned Business is a “small business” (per above definition) which is at least 51% owned by a one or more minority individuals.

Vetean Owned Veteran Owned Business means a business certified by the Washington state department of veteran affairs under RCW 43.60A.190 or a business considered a veteran-owned business under 38 C.F.R. Part 74.

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APPENDIX C - Study Proposal.docx

APPENDIX C – STUDY PROPOSAL

Bidders are required to submit a written Proposal that responds to the section and all prompts identified therein. The Proposal Section is as follows:

Section 1: Personnel Experience (10 points possible)

Section 2: Subject Matter Experience/Qualifications (40 points possible)

Section 3: Methodology and Approach (150 points possible)

Formatting Requirement: Bidders must submit responses as a single Word/pdf file, using the naming convention “RFP 2024-13 Appendix B – [Your Entity Name]”. Evaluators will not review content in any secondary file. All content must be contained in the single Word/pdf file. If a Bidder wishes to add Exhibits or attachments to one of their Proposal answers, those exhibits/attachments must be labeled to identify the specific section to which they correspond, and they must be included in the single Word/pdf file.

Isolate Each Section Response: Bidders are advised to clearly identify each numbered section before responding to that section in their proposals. Bidders who do not adequately identify where a section begins, and ends are more likely to receive lower scores for a given section. Evaluators should not have to guess as to which section the response applies. Such uncertainties will lower the Bidder’s overall score.

Section 1: Personnel Requirements (10 points)

PROPOSAL REQUIREMENTS

Bidder’s Response to Section 1, must describe the following requirement:

1. Describe the key personnel to be engaged in this study (qualifications, affiliations, role, and availability in full-time equivalents). Additionally explain how such qualifications and experience provide the best option for ESD.

Section 2: Subject Matter Experience/Qualifications (40 points possible)

PROPOSAL REQUIREMENTS

Bidder’s Response to Section 2, must independently describe each of the following requirements:

1. Identify the languages in which you are able to conduct interviews. Include and explain how you believe these capabilities will provide you with adequate communication skills to obtain a proper representation of the majority of workers.

Note: ESD finds it desirous to be able to execute interviews in other languages that are common in Central and South America (e.g., Mixteco Alto, Mixteco Bajo, Triqui, Zapotec, Mam, Chuj).

2. Describe your prior experience working with the population of agricultural farmworkers. Describe your knowledge and cultural understanding of the issues that affect agricultural workforce. If there is none, describe how your prior experiences with other populations and topics are relevant to this study.

3. Describe your ability to safeguard farmworker contact information and research data, as well as any other confidential data.

4. Describe your prior experience with submitting and getting approval of the Institutional Review Board (IRB) applications.

5. Describe your prior experience conducting qualitative studies, including knowledge of research design, data collection via one-on-one and focus group interviews, data analysis, and write-up. Clarify whether and how your prior experience employed community-based research methods. Explain how you believe your past experiences will be useful in this engagement.

Section 3: Methodology and Approach (150 points possible)PROPOSAL REQUIREMENTS

PROPOSAL REQUIREMENTS

Bidder’s Response to Section 3, must describe the following requirements:

1. Describe your approach to conducting this qualitative study. Bidder should describe their proposed qualitative research design separately for:

a) specialty crop farmworkers

The description of a proposed research design should describe the process of recruiting study participants, the expected sample size, the duration of data collection, the type and value of offered participant incentives (if any), the method and process of data collection through interviews (one-on-one interviews or focus group interviews), interview data processing and analysis, software used to analyze data, and approaches to ensure high research quality, data validity and reliability. Explain whether and how you expect to engage with community partners during the research process. Explain how the proposed approach is expected to ensure that interviewers get the trust of farmworkers and growers to elicit in-depth responses. When the recommended approach for data collection is virtual, note the technology used for data collection. When the recommended approach for data collection is in-person, describe how you would obtain in-person interviews and how you would commute for data collection purposes.

If an alternative design is proposed, describe the alternative approach to conducting this study.

2. Identify what you believe will be the primary difficulties (e.g., cultural difficulties, logistics, and accuracy of information) that you will face when trying to interview subjects for this study. Describe how you intend to overcome these difficulties.

3. Describe the expected project timeline to conduct this study with the expectation that the draft of the report must be reviewed by the ESD and the final report must be submitted by 05/01/2025.

NOTE: All written materials for this Appendix should be included into a single Word/PDF file, and should be titled “RFP 2024-13 –…