RFP#25-NLS01 Stdnt and EE Investigations.pdf

RFP #25-NLS01 Page 1 of 38

Eastern Washington University

Solicitation Type: Request for Proposals (RFP)

EWU Reference #: RFP # 25-NLS01

Solicitation Title: Student and Employee Investigations

Proposal Due Date: January 29, 2024, no later than 3:00 p.m.

Pacific Time

Contractor Eligibility: This solicitation is open to those Contractors that satisfy the minimum qualifications stated herein and that are available for work in Washington State.

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TABLE OF CONTENTS

1. INTRODUCTION 4

1.1. PURPOSE AND BACKGROUND 4

1.2. OBJECTIVES AND SCOPE OF WORK 5

1.3. MINIMUM QUALIFICATIONS 6

1.4. PERIOD OF PERFORMANCE 6

1.5. DEFINITIONS 6

1.6. ADA 7

2. GENERAL INFORMATION FOR CONTRACTORS 7

2.1. RFP COORDINATOR 7

2.2. ESTIMATED SCHEDULE OF SOLICITATION ACTIVITIES 7

2.3. SUBMISSION OF PROPOSALS 7

2.4. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE 8

2.5. REVISIONS TO THE RFP 8

2.6. MINORITY, WOMEN & VETERAN-OWNED BUSINESS PARTICIPATION 8

2.7. ACCEPTANCE PERIOD 9

2.8. RESPONSIVENESS 9

2.9. MOST FAVORABLE TERMS 9

2.10. CONTRACT AND GENERAL TERMS & CONDITIONS 9

2.11. INTERLOCAL CONTRACTING 9

2.12. COSTS TO PROPOSE 9

2.13. NO OBLIGATION TO CONTRACT 9

2.14. REJECTION OF PROPOSALS 9

2.15. COMMITMENT OF FUNDS 10

2.16. INSURANCE COVERAGE 10

3. PROPOSAL CONTENTS 12

3.1. LETTER OF SUBMITTAL (MANDATORY) 12

3.2 TECHNICAL PROPOSAL (SCORED) 13

3.4 COST PROPOSAL (SCORED) 13

The evaluation process is designed to award this solicitation not necessarily to the Contractor of least cost, but rather to the Contractor whose Proposal best meets the requirements of this RFP. However, Contractors are

RFP #25-NLS01 Page 3 of 38 encouraged to submit Proposals which are consistent with state government efforts to conserve state resources. 13

1. Identification of Costs (SCORED) 13

4. EVALUATION AND CONTRACT AWARD 14

4.1. EVALUATION PROCEDURE 14

4.2. EVALUATION WEIGHTING AND SCORING 14

4.3. ORAL PRESENTATIONS MAY BE REQUIRED 14

4.4. NOTIFICATION TO PROPOSERS 14

4.5. COMPLAINT PROCESS 14

4.6. PROTEST PROCEDURE 15

5. RFP EXHIBITS 17

EXHIBIT B: WIPHE PARTICIPATION 20

EXHIBIT C: SERVICES CONTRACT FORMAT 21

EXHIBIT D: ACCESSIBLE TECHNOLOGY REQUIREMENTS 36

EXHIBIT F: DATA SHARING AGREEMENT 38

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1. INTRODUCTION

1.1. PURPOSE AND BACKGROUND

Eastern Washington University ("EWU”) is initiating this Request for Proposals (“RFP”) to solicit Proposals from firms interested in conducting University student and employee investigations into allegations of misconduct and/or violation of laws, regulations, or policies relevant to the University. This includes, but is not limited to, investigations involving ethical issues, discrimination, and sexual misconduct. EWU is creating a pool of vendors and reserves the right to award a contract to more than one Contractor.

The primary function of a university investigation is to ascertain facts, create a comprehensive investigative report, and make factual findings based on a preponderance of the evidence. It is the responsibility of the investigator to ascertain and consider the evidence on all sides of each issue. Under EWU’s policies, for discrimination and Title IX cases the investigator is also responsible for determining whether or not EWU policies have been violated. The investigator does not determine whether or not discipline will be imposed. The Contractor’s investigative report will help supervisors and Human Resources determine whether discipline is warranted and, if so, the appropriate level. The exact investigative process may change over time, but the Contractor is responsible at all times for following the applicable university policy.

EWU Profile

EWU is a regional, comprehensive public university located in Cheney and Spokane, Washington, with programs offered throughout the state and online with an enrollment of over 9,000 students. EWU’s 300-acre main campus is located in Cheney, a community of 11,000 residents, and is just 17 miles from Washington’s second largest city, Spokane.

Mission: Eastern Washington University provides an inclusive, equitable, and transformative learning experience, driving the pursuit of knowledge with affordable academic excellence.

Vision: Eastern Washington University provides an education rooted in the liberal arts, designed to address the unique challenges and opportunities facing the region.

Characterized by a student-centered focus and opportunities for applied learning in high-demand fields, this education creates upward social mobility and intellectual growth for our students that supports a healthy, sustainable, and economically successful region.

Value Statements

Academic Excellence: As a community of learners, we pursue truth and advance knowledge through creative works, research, and scholarship. Our student-centered education provides excellent teaching, dynamic conversations, and a robust intellectual experience both inside and outside the classroom. We provide applied learning opportunities to prepare students for future success, invest in our workforce and create opportunities for professional growth for students, faculty and staff.

Accessibility: Eastern Washington University strives to create a more inclusive, obtainable, and equitable college education.

Belonging Through Justice, Equity, Diversity and Inclusion: We are committed to building an inclusive, supportive, and equitable university community. We strive to integrate the principles of justice, equity, diversity, and inclusion into all university operations, fostering an environment that nurtures a sense of belonging among all members of the community.

Students, staff, and faculty, are seen, understood, and appreciated for the talents they bring to our educational community.

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Regional Impact and Regional Contribution: We promote economic vitality and regional success through scholarly research, dedicated service, and educational programs that meet regional workforce needs in high-demand fields. When combined with out commitment to a liberal arts education, we enhance social mobility, inclusivity, and the well-being of our community while remaining nimble to its ever-changing demands.

Student Success: We embrace all students. Students’ needs are complex, and student success requires student engagement and positive outcomes. We are committed to supporting all our students with a focus on creating conditions informed by the needs of our first-generation, low-income, and other structurally marginalized students.

Sustainability: We are leaders committed to sustainability as a balance between the needs of the environment, the needs of the economy, and equitable outcomes for current and future generations

1.2. OBJECTIVES AND SCOPE OF WORK

1. Scope of Work. The investigator will investigate allegations of misconduct and/or violation of laws, regulations or policies relevant to the University or observed/reported misconduct or performance problem(s) in accordance with EWU

Guideline 401-01 (Investigations), EWU Policy 402-05 (Discrimination & Title IX

Investigations & Resolutions), WAC 172-125 (Discrimination & Title IX Violations by

Students), and WAC 172-121 (Student Conduct Code).

A. The investigator will instruct all involved parties about the investigative process and to not retaliate against any involved person.

B. The investigator will maintain all information obtained during the course of an investigation in a confidential manner to the extent permitted by law.

C. The investigator will review the allegations and determine the most appropriate course of action consistent with applicable investigative policies/guidelines.

D. While each investigation is unique, the investigator will generally complete the following tasks: (a) Contact complainant, if a complaint is filed; (b) Send notice of investigation to the respondent; (c) Set up an initial meeting with the respondent; (d) Interview the respondent; (e) Arrange interviews with witnesses; (f) Draft a final investigative report assessing each of the allegations and concluding whether the alleged behaviors are substantiated or unsubstantiated; (g) Confirm the final investigative file is organized and complete with a copy of the final investigative report and copies of any evidence (e.g. written statements, notes, documents, photos, etc.) gathered in the course of the investigation; and (h) Forward the entire investigative file, including the final investigative report, to Human Resources or the Civil Rights Office for storage.

E. The investigator will substantiate or not substantiate specific factual allegations. The investigator will not reach any conclusions as to whether a policy or law has been violated, except for discrimination and Title IX cases. For discrimination and Title IX cases, the investigator will follow EWU’s policy. This policy includes a more detailed process that fully involves the complainant and respondent. For discrimination and Title IX cases, the investigator will also determine whether or not the respondent has committed discrimination or sexual misconduct. . The investigator may be required to testify before a hearing board about the information they have collected.

F. All investigations should be given priority and completed in a timely and thorough manner. All investigations must be conducted in a prompt, https://inside.ewu.edu/policies/knowledge-base/ewug-401-01-investigations/ https://inside.ewu.edu/policies/knowledge-base/ewug-401-01-investigations/ https://inside.ewu.edu/policies/knowledge-base/ewu-402-05-title-ix-investigations-hearings-2/ https://app.leg.wa.gov/WAC/default.aspx?cite=172-125

RFP #25-NLS01 Page 6 of 38 thorough, and impartial manner. The full investigative process should take no longer than 90 days.

Preferred proposal format:

1) Introduction and executive summary of no more than one single-spaced page.

2) Listing of three to five customer references who can evaluate work that has been completed by the firm in the past five years.

3) An explanation of the firm’s investigative approach.

4) A list of all relevant training, including training applicable to Title IX and VAWA requirements.

5) Hourly rate for all individuals who may provide services to EWU.

6) A writing sample.

1.3. MINIMUM QUALIFICATIONS

Minimum qualifications include:

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

2. Have not been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW Chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of this solicitation (Exhibit A).

3. Does not require its employees to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers (Exhibit A).

4. Demonstrated experience with higher education personnel investigations including testifying in hearings and/or court defending your investigations.

5. Be available to start conducting an investigation within 72 hours of notification.

1.4. PERIOD OF PERFORMANCE

The period of performance of any Contract resulting from this RFP is tentatively scheduled to begin March 1, 2025, and to end February 28, 2028.

EWU reserves the right at its sole option to extend the Contract for two (2) additional one-year periods; not to exceed a total of five (5) years.

1.5. DEFINITIONS

Definitions for the purposes of this RFP include:

1. Apparent Successful Contractor – The Contractor selected as the entity to perform the anticipated services, subject to completion of Contract negotiations and execution of a written Contract.

2. Contractor – A. Individual or company interested in the RFP and that may or does submit a

Proposal in order to attain a Contract with EWU.

B. Individual or company whose Proposal has been accepted by EWU and is awarded a fully executed, written Contract.

3. EWU – The agency of the State of Washington that is issuing this RFP.

4. Proposal – A formal offer submitted in response to this solicitation.

5. Proposer – Individual or company that submits a Proposal in order to attain a Contract with EWU.

6. Request for Proposals (RFP) – Formal solicitation document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

RFP #25-NLS01 Page 7 of 38 of an RFP is to permit the Contractor community to suggest various approaches to meet the need at a given price.

1.6. ADA

EWU complies with the Americans with Disabilities Act (ADA). Contractors may contact the RFP Coordinator to receive this RFP in Braille or on tape.

2. GENERAL INFORMATION FOR CONTRACTORS

2.1. RFP COORDINATOR

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

Name Nicole Scholle

Email Address nscholle@ewu.edu

Mailing Address EWU Procurement & Contracts 218 Tawanka Hall Cheney, WA 99004-2456

Phone Number (509) 359-6805

Fax Number (509) 359-7984

Email is the preferred method of communication.

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

Contractors are to rely on written statements issued by the RFP Coordinator.

Communication directed to parties other than the RFP Coordinator may result in disqualification of the Contractor.

2.2. ESTIMATED SCHEDULE OF SOLICITATION ACTIVITIES

Issue RFP January 7, 2025

Question & Answer Period January 7- 21, 2025

Issue Last Addendum to RFP January 22, 2025

Proposal Due Date January 29, 2025

Evaluate Proposals January 30- February 5, 2025

Conduct Oral Interviews with Finalists, if required February 10-14, 2025

Announce Apparent Successful Contractor and Send Notification via WEBS to Unsuccessful Proposers

February 17, 2025

Negotiate Contract February 17, 2025 – February 21, 2025

Begin Contract Work March 1, 2025

EWU reserves the right to revise the above schedule.

2.3. SUBMISSION OF PROPOSALS

The Proposal must be received by the RFP Coordinator no later than 3:00 p.m., Pacific Time, in Cheney, Washington, on January 29, 2024.

Proposals must be submitted electronically as an attachment to an email to Nicole Scholle, the RFP Coordinator, at the email address listed in Section 2.1. Attachments to email shall be in Microsoft Word format or PDF. Zipped files cannot be received by EWU and cannot be used for submission of Proposals. The cover submittal letter and the Certifications and Assurances form must have a scanned signature of the individual within the organization authorized to bind the Contractor to the offer. EWU does not assume responsibility for problems with Contractor’s email. If EWU’s email is not working, appropriate allowances will be made.

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Proposals may not be transmitted using facsimile transmission.

Contractors should allow sufficient time to ensure timely receipt of the Proposal by the RFP Coordinator. Late Proposals will not be accepted and will be automatically disqualified from further consideration, unless EWU’s email is found to be at fault. All Proposals and any accompanying documentation become the property of EWU and will not be returned.

2.4. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Proposals submitted in response to this competitive solicitation shall become the property of EWU. Pursuant to RCW 39.26.030, Proposals and Proposal evaluations are exempt from disclosure until EWU announces the Apparent Successful Contractor; thereafter, the Proposals shall be deemed public records as defined in Chapter 42.56 RCW.

Any information in the Proposal that the Contractor desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of Contractor’s document, must be clearly designated.

The information must be clearly identified and the particular exemption from disclosure upon which the Contractor is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right-hand corner of the page. Marking the entire Proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Contractor has marked as "Proprietary Information," EWU will notify the Contractor of the request and of the date that the records will be released to the requester unless the Contractor obtains a court order enjoining that disclosure. If the Contractor fails to obtain the court order enjoining disclosure, EWU will release the requested information on the date specified. If a Contractor obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter

42.56 RCW, or other state or federal law that provides for nondisclosure, EWU shall maintain the confidentiality of the Contractor's information per the court order.

Any contract entered into with EWU is not considered proprietary information, is subject to public disclosure, and may be posted on EWU’s website.

2.5. REVISIONS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be provided via WEBS.

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

2.6. MINORITY, WOMEN & VETERAN-OWNED BUSINESS PARTICIPATION

In accordance with Chapters 39.19 and 43.60A RCW, the State of Washington encourages participation in all of its contracts by firms certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) or Washington State Department of Veteran’s Affairs (DVA). Participation may be either on a direct basis in response to this solicitation or on a Subcontractor basis. However, no preference will be included in the evaluation of Proposals, no minimum level of minority, women, or veteran-owned business participation shall be required as a condition for receiving an award, and Proposals will not be rejected or considered non-responsive on that basis.

The established annual procurement participation goals for MBE is 10% and for WBE, 4%, for this type of project. The suggested veteran-owned business participation goal is 3%. These goals are voluntary. For information on certified firms, Contractors may contact OMWBE or the DVA.

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2.7. ACCEPTANCE PERIOD

Proposals must provide 90 days for acceptance by EWU from the due date for receipt of Proposals.

2.8. RESPONSIVENESS

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

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

2.9. MOST FAVORABLE TERMS

EWU reserves the right to make an award without further discussion of the Proposal submitted. Therefore, the Proposal should be submitted initially on the most favorable terms which the Contractor can propose. There will be no best and final offer procedure. EWU does reserve the right to contact a Contractor for clarification of its Proposal.

The Apparent Successful Contractor should be prepared to accept this RFP for incorporation into a Contract resulting from this RFP. Contract negotiations may incorporate some or all of the Contractor’s Proposal. It is understood that the Proposal will become a part of the official solicitation file on this matter without obligation to EWU.

2.10. CONTRACT AND GENERAL TERMS & CONDITIONS

The Apparent Successful Contractor will be expected to enter into a Contract which is substantially the same as the sample Contract and its general terms and conditions attached as Exhibit C. Contractor may submit its general License or University-specific Agreement as part of its Proposal for EWU to review. If there is a conflict between the terms contained in EWU’s terms and conditions and Contractor’s Agreement, Contractor must either agree to EWU’s terms or submit exceptions as allowed in the Certifications and Assurances form, Exhibit A to this RFP. All exceptions to the Contract terms and conditions must be submitted as an attachment to Exhibit A, Certifications and Assurances form. EWU will review requested exceptions and accept or reject the same at its sole discretion.

2.11. INTERLOCAL CONTRACTING

EWU is a member of the Washington State Institutions of Public Higher Education (WIPHE) and is aware that other WIPHE members may be interested in purchasing the product(s) included in this solicitation. Therefore, pursuant to the Interlocal Cooperation Act, Chapter

39.34 RCW, all WIPHE members will be eligible to utilize the Contract(s) awarded as a result of this solicitation, if all parties are willing. The Contractor must complete Exhibit B as part of the Proposal.

2.12. COSTS TO PROPOSE

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

2.13. NO OBLIGATION TO CONTRACT

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

2.14. REJECTION OF PROPOSALS

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

http://app.leg.wa.gov/RCW/default.aspx?cite=39.34

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2.15. COMMITMENT OF FUNDS

The President of EWU or his/her delegate is the only individual who may legally commit EWU to the expenditures of funds for a Contract resulting from this RFP. No cost chargeable to the proposed Contract may be incurred before receipt of a fully executed Contract.

2.16. INSURANCE COVERAGE

1. General Requirements A. Contractor shall, at its own expense, obtain and keep in force insurance as follows during the Period of Performance of the Contract. Upon request, Contractor shall furnish evidence in the form of a Certificate of Insurance satisfactory to EWU that insurance, in the following kinds and minimum amounts, has been secured. Failure to provide proof of insurance, as required, may, at EWU’s sole option, result in the Contract’s termination.

B. Contractor shall include all Subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurance and endorsements for each Subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of Subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.

C. All insurance provided in compliance with the Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by

EWU.

2. Specific Requirements

A. Commercial General Liability Insurance: The Contractor shall at all times during the Period of Performance of the Contract, carry and maintain commercial general liability insurance and, if necessary, commercial umbrella insurance for bodily injury and property damage arising out of services provided under the Contract. This insurance shall cover such claims as may be caused by any act, omission, or negligence of the Contractor or its officers, agents, representatives, assigns, or servants.

The insurance shall also cover bodily injury, including disease, illness and death, and property damage arising out of the Contractor’s premises/operations, independent contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business contract), and contain separation of insured’s (cross liability) conditions.

Contractor waives all rights against EWU for the recovery of damages to the extent they are covered by general liability or umbrella insurance.

The limits of liability insurance shall not be less than as follows:

General aggregate limits (other than products-completed operations) $2 million

Products-completed operations aggregate $2 million

Personal and advertising injury aggregate $1 million

Each occurrence (applies to all of the above) $1 million

Fire damage limit (per occurrence) $50,000

Medical expense limit (any one person) $5,000

B. Professional Liability (Errors and Omissions) Insurance: Limits of liability shall not be less than $1 million per claim and $2 million annual aggregate.

C. Business Auto Policy: In the event that services delivered pursuant to the Contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall

RFP #25-NLS01 Page 11 of 38 protect against claims for bodily injury, including illness, disease, and death;

and property damage caused by an occurrence arising out of or in consequence of the performance of services by the Contractor, Subcontractor, or anyone employed by either.

Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a combined single limit not less than $1 million per occurrence. The business auto liability shall include Hired and Non-Owned coverage.

Contractor waives all rights against EWU for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance.

D. Employer’s Liability (Stop Gap): The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employer’s Liability insurance with a limit of no less than $1 million. EWU will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of the Contract.

E. Cyberliability Insurance: See Exhibit F for details.

3. Additional Insurance Provisions All above insurance policies shall include, but not be limited to, the following provisions:

A. Additional Insured: EWU shall be named as an additional insured on all general liability, umbrella, excess, and property insurance policies. All policies shall be primary over any other valid and collectable insurance.

B. Notice of Policy Cancellation/Non-Renewal

i. For insurers subject to Chapter 48.18 RCW (admitted and regulated by the Washington State Insurance Commissioner), a written notice shall be given to EWU’s Risk Manager or designee 45 calendar days prior to cancellation, or any material change to the policy as it relates to the Contract. Written notice shall include the affected Contract reference number.

ii. For insurers subject to Chapter 48.15 RCW (Surplus Lines), a written notice shall be given to EWU’s Risk Manager or designee 20 calendar days prior to cancellation, or any material change to the policy or policies related to the Contract. Written notice shall include the affected Contract reference number.

iii. If cancellation on any policy is due to non-payment of premium, a written notice shall be given to EWU’s Risk Manager or designee 10 calendar days prior to cancellation. Written notice shall include the affected Contract reference number.

C. Identification: Policies and certificates of insurance shall include the affected Contract reference number.

D. Insurance Carrier Rating: The insurance required above shall be issued by an insurance company authorized to do business within the State of Washington. Insurance is to be placed with a carrier that has a rating of A- Class VII or better in the most recently published edition of Best’s Reports.

Any exception must be reviewed and approved by EWU’s Risk Manager, by submitting a copy of the Contract and evidence of insurance before Contract commencement. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with Chapter

48.15 RCW and Chapter 284-15 of the Washington Administrative Code

(WAC).

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E. Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less than the minimum amounts specified. However, coverage in the amounts of these minimum limits shall not be construed to relieve the Contractor from liability in excess of such limits.

F. Limit Adjustments: EWU reserves the right to increase or decrease limits as appropriate.

4. Industrial Insurance Coverage: The Contractor shall comply with the provisions of Title 51 RCW Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, EWU may terminate the Contract. This provision does not waive any of the Washington State Department of Labor and Industries (L&I) rights to collect from the Contractor.

3. PROPOSAL CONTENTS

Proposals must be written in English and submitted electronically to the RFP Coordinator in the order noted below:

1. Letter of Submittal, including signed Certifications and Assurances (Exhibit A), and

WIPHE Participation (Exhibit B);

2. Technical Proposal;

3. Management Proposal; and,

4. Cost Proposal

Proposals must provide information in the same order as presented in this document with the same headings. This will not only be helpful to the evaluators of the Proposal, but should assist the Contractor in preparing a thorough response.

Items marked “mandatory” must be included as part of the Proposal for the Proposal to be considered responsive; however, these items are not scored. Items marked “scored” are those that are awarded points as part of the evaluation conducted by the evaluation team.

3.1. LETTER OF SUBMITTAL (MANDATORY)

The Letter of Submittal, Certifications and Assurances (Exhibit A) and WIPHE Participation (Exhibit B) must be signed and dated by a person authorized to legally bind the Contractor to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Along with introductory remarks, the Letter of Submittal is to include by attachment the following information about the Contractor and any proposed Subcontractors:

1. Name, address, principal place of business, telephone number, and fax number/email address of legal entity or individual with whom Contract would be written.

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

3. Legal status of the Contractor (sole proprietorship, partnership, corporation, etc.), the year the entity was organized to do business as the entity now substantially exists, and a brief company history.

4. Federal Employer Tax Identification number or Social Security number and the Washington Uniform Business Identification (UBI) number issued by the State of Washington Department of Revenue.

5. Location of the facility from which the Contractor would operate.

6. Identify any state employees or former state employees employed or on the firm’s governing board as of the date of the Proposal. Include their position and responsibilities within the Contractor’s organization. If following a review of this information, it is determined by EWU that a conflict of interest exists, the Contractor may be disqualified from further consideration for the award of a Contract.

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3.2 TECHNICAL PROPOSAL (SCORED)

1. Approach/Methodology - In 5 of fewer pages, describe your proposed approach and methodology to the defined Scope of Work.

2. Work Plan - Include all project requirements and the proposed tasks, services, activities, etc.

necessary to accomplish the Scope of Work. Include any required involvement of EWU staff. You may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation.

3. Writing Sample – provide an example of a previous investigative report you have completed.

3.3 MANAGEMENT PROPOSAL (SCORED)

1. Experience of the Contractor A. Describe services provided by the Contractor that indicate the firm’s ability to provide the services described in this RFP.

B. Identify all relevant training received, particularly with respect to Title IX and VAWA.

2. References (MANDATORY)

A. List names, addresses, telephone numbers, and fax numbers/email addresses of three

(3) business references for whom work has been accomplished and briefly describe the type of service provided. Do not include current EWU staff as references.

B. By submitting a Proposal in response to this RFP, the Contractor and team members grant permission to EWU to contact these references and others, who from EWU’s perspective, may have pertinent information. EWU may or may not, at EWU’s discretion, contact references. EWU may evaluate references at EWU’s discretion.

3. OMWBE & DVA Certification (OPTIONAL AND NOT SCORED)

A. Include proof of certification issued by OMWBE if certified minority-owned firm and/or women-owned firm(s) will be participating on this project or certification from the DVA if veteran-owned firms will be participating on this project. For information, Contractors may contact OMWBE or the DVA.

4. Environmental and Social Issues (OPTIONAL AND NOT SCORED)

A. Indicate use of environmentally safe products and processes.

3.4 COST PROPOSAL (SCORED)

The evaluation process is designed to award this solicitation not necessarily to the Contractor of least cost, but rather to the Contractor whose Proposal best meets the requirements of this RFP.

However, Contractors are encouraged to submit Proposals which are consistent with state government efforts to conserve state resources.

1. Identification of Costs (SCORED)

Identify all costs in U.S. dollars including expenses to be charged for performing the services necessary to accomplish the objectives of the Scope of Work. Identify all relevant hourly rates for individuals who may provide services under this contract.

Contractors are required to collect and pay Washington State sales and use taxes, as applicable. Costs for Subcontractors are to be broken out separately. Please note if any Subcontractors are certified by OMWBE and/or the DVA

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4. EVALUATION AND CONTRACT AWARD

4.1. EVALUATION PROCEDURE

Responsive Proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of Proposals shall be accomplished by an evaluation team(s), to be designated by EWU, which will determine the ranking of the Proposals.

EWU, at its sole discretion, may elect to select the top-scoring firms as finalists for an oral presentation.

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

4.2. EVALUATION WEIGHTING AND SCORING

The following weighting and points will be assigned to the Proposal for evaluation purposes:

Technical Proposal Project Approach/Methodology Quality of Work Plan Writing Sample

30 Points

30%

Management Proposal

Staff Qualifications/Experience Experience of the Contractor

40 Points

40%

Cost Proposal 30 Points 30%

Total 100 Points 100%

EWU reserves the right to award the Contract to the Contractor whose Proposal is deemed to be in the best interest of EWU and the State of Washington. This solicitation is to create a vendor pool and contracts may be awarded to multiple Contractors.

4.3. ORAL PRESENTATIONS MAY BE REQUIRED

Written submittals and oral presentations, if considered necessary, will be utilized in selecting the winning Proposal. EWU, at its sole discretion, may elect to select the top scoring finalists from the written evaluation for an oral presentation and final determination of Contract award.

Should EWU elect to hold oral presentations, it will contact the top-scoring firm(s) to schedule a date, time and location. Commitments made by the Contractor at the oral interview, if any, will be considered binding. The scores from the written evaluation and the oral presentation combined together will determine the Apparent Successful Contractor.

4.4. NOTIFICATION TO PROPOSERS

EWU will notify all Proposers of their selection via WEBS upon completion of the evaluation process. After the announcement of the Apparent Successful Contractor, Proposers will be offered a debriefing upon written request. Proposers will be given 3 business days after the Apparent Successful Contractor is announced to request a debriefing. Reference 4.6 for the Protest Procedure.

4.5. COMPLAINT PROCESS

Pursuant to RCW 39.26.170, the complaint process allows Proposers to focus on the solicitation requirements and evaluation process and raise issues with these processes early enough in the process to allow EWU to correct a problem before Proposals are submitted and time expended on evaluations. Complaints may be made only by Contractors who intend to submit a response to the solicitation. Complaints filed on the day solicitation

RFP #25-NLS01 Page 15 of 38 responses are due shall be reviewed and considered if time permits. Complaints that do not follow these procedures shall not be considered.

The complaint process will meet the following minimum requirements:

1. Proposers will be given an opportunity to submit a complaint to EWU based on any of the following:

A. The solicitation unnecessarily restricts competition;

B. The solicitation evaluation or scoring process is unfair or flawed; or C. The solicitation requirements are inadequate or insufficient to prepare a response.

2. Proposers will be allowed to submit complaints up to 5 business days prior to the bid response deadline. Complaints must meet the following requirements:

A. Must be in writing.

B. Must be sent to the RFP Coordinator, or designee.

C. Should clearly articulate the basis for the complaint.

D. Should include a proposed remedy.

3. The RFP Coordinator or designee will respond to complaints in writing. The RFP Coordinator will consider all available facts and provide a response to the Proposer.

The response will include the decision, how the review was conducted and the basis upon which a decision was made.

4. The response to complaints including any changes to the solicitation will be posted as an amendment on WEBS.

5. The EWU Director of Procurement and Contracts will be notified of all complaints and provided a copy of the response.

6. The complaint may not be raised again during the protest period.

7. The complaint process does not include an appeal process. This complaint procedure constitutes the sole administrative remedy available to Proposers under this solicitation.

4.6. PROTEST PROCEDURE

Pursuant to RCW 39.26.170, the protest process occurs after the Proposals are submitted and evaluated. This allows Proposers to focus on the evaluation process to ensure its integrity and fairness. Protests can raise issues related to the evaluation process as set out in the solicitation or how the process was executed. This allows for evaluation process errors and problems to be corrected before a Contract is executed. Protests that do not follow these procedures shall not be considered.

The protest process will meet the following requirements:

1. After the announcement of the Apparent Successful Contractor, Contractors will be offered a debriefing upon written request.

2. Contractors will be given 3 business days after the Apparent Successful Contractor is announced to request a debriefing.

A. Discussion at the debriefing conference will be limited to the following:

i. Evaluation and scoring of the Contractor’s Proposal;

ii. Critique of the Proposal based on the evaluation;

iii. Review of Contractor’s final score in comparison with other final scores without identifying the other Contractors.

B. Comparisons between Proposals or evaluations of the other Proposals will not be allowed.

C. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

3. Contractors are required to participate in a debriefing as a prerequisite for submitting a protest.

4. Contractors will be given 5 business days after their debriefing to file a written protest.

5. The protest process will allow Contractors an opportunity to submit a protest based only on the following:

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

RFP #25-NLS01 Page 16 of 38

B. Errors in computing the scores; or C. Non-compliance with procedures described in the solicitation document or

EWU protest process.

6. Protests are to be submitted to the EWU Director of Procurement and Contracts and the RFP Coordinator.

7. A written response within 10 business days from receipt of the protest, unless additional time is needed. The protesting Contractors shall be notified if additional time is needed.

8. The final determination of the protest shall:

A. Find the protest lacking in merit and uphold EWU’s action; or B. Find only technical or harmless errors in EWU’s acquisition process and determine EWU to be in substantial compliance and reject the protest; or C. Find merit in the protest and provide EWU options which may include:

i. Correct the errors and re-evaluate all Proposals, and/or

ii. Reissue the solicitation document and begin a new process, or

iii. Make other findings and determine other courses of action as

The protest decision is final. If a protesting Contractor does not accept the protest response, the Contractor may try to seek relief from superior court. If EWU determines that the protest is without merit, EWU will enter into a Contract with the Apparent Successful Contractor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

RFP #25-NLS01 Page 17 of 38

5. RFP EXHIBITS

EXHIBIT A: PROPOSER CERTIFICATION

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

1. Proposer declares that all answers and statements made in the Proposal are true and correct.

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

3. The attached Proposal is a firm offer for a period of 90 days following the due date for receipt of Proposals, and it may be accepted by EWU without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 90-day period.

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

5. Proposer understands that EWU will not reimburse Proposer for any costs incurred in the preparation of this

Proposal. All Proposals become the property of EWU, and Proposer claims no proprietary right to the ideas, writings, items, or samples, unless so stated in this Proposal.

6. Proposer agrees that submission of the attached Proposal constitutes acceptance of the solicitation contents and the attached sample Contract and general terms and conditions. Proposer also states that, unless required by law, it has not disclosed its prices and/or cost data which have been submitted with its Proposal to any competitor or other Proposer and will not make any such disclosure prior to an/the Apparent Successful Bidder being selected. If there are any exceptions to these terms, Proposer has described those exceptions in detail on a page attached to this document.

7. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition.

8. Proposer grants EWU the right to contact references and others, who may have pertinent information regarding the ability of the Proposer and the lead staff person to perform the services contemplated by this Competitive Solicitation

9. Wage Theft. I/we certify as follows:

☐ This firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW Chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced solicitation date.

OR

☐ This firm has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW Chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced solicitation date.

10. Supporting Worker’s Rights. I/we certify as follows:

☐ This firm does NOT require its employees to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers.

OR

http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

RFP #25-NLS01 Page 18 of 38

☐ This firm DOES require its employees to sign, as a condition of employment, mandatory individual arbitration clauses and class or collective action waivers.

11. Debarment. I/we certify as follows:

☐ NO DEBARMENT. Proposer and/or its principals are not presently nor has ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity within the United States.

OR

☐ DEBARRED. As detailed on the attached explanation (Proposer to provide), Proposer and/or its principals presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with a federal, state, or local governmental entity within the United States.

12. Criminal Offence. Proposer (including Proposer’s officers) certifies as follows:

☐ NO CRIMINAL OFFENSE. Proposer has not, within the three (3) year period preceding the date of this Competitive Solicitation, been convicted or had a civil judgment rendered against Proposer for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Proposer further certifies that it is not presently indicted or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in this paragraph.

OR

☐ CRIMINAL Offense. As detailed on the attached explanation (Proposer to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Proposer has been convicted or had a civil judgment rendered against Proposer for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

13. Taxes. Proposer certifies as follows:

☐ TAXES PAID. Except as validly contested, Bidder is not delinquent and has paid or has arranged for payment of all taxes due to the State of Washington and has filed all required returns and reports as applicable.

OR

☐ DELINQUENT TAXES. As detailed on the attached explanation (Bidder to provide), Bidder has not paid or arranged for payment of all taxes due to the State of Washington and/or has not timely filed all required returns and reports as applicable.

14. Financially Solvent. Proposer certifies as follows:

☐ FINANCIALLY SOLVENT. Bidder is financially stable and solvent, has adequate cash reserves to meet all financial obligations, has not commenced bankruptcy proceedings voluntarily or otherwise, and is not subject to any judgments, liens, or encumbrances of any kind affecting title to any Goods or Services that are the subject of this Competitive Solicitation.

OR

☐ NOT FINANCIALLY SOLVENT. As detailed on the attached explanation (Bidder to provide), Bidder is not financially stable and solvent – i.e., Bidder does not have adequate cash reserves to meet all financial obligations, has commenced bankruptcy proceedings voluntarily or otherwise, or is subject to a judgment, lien, or encumbrance that affects title to the Goods or Services that are the subject of this Competitive Solicitation.

15. Contract Termination for Default or Cause.