RFQQ 2335-842 Sign Language Interpreters.doc

E

Solicitation Schedule

Responses must be submitted to Berle Ross, Coordinator Department of Social and Health Services Office of the Deaf and Hard of Hearing

Signlanguageinterpreters@dshs.wa.gov Solicitation and Amendments will be posted on:

DSHS Procurement Website: https://www.dshs.wa.gov/ffa/procurements-and-contracting WEBS Website: https://pr-webs-vendor.des.wa.gov/ Applicable WEBS Commodity Codes: 952-43, 961-17, 961-46, 961-67 Auxiliary Aids and Limited English Proficient (LEP) Services:

DSHS will provide access to this Solicitation document to individuals with disabilities and Limited English Proficient individuals. Please contact the Coordinator to request auxiliary aids and services. Sign Language Interpreters and CART will be provided for the Pre-Bid Conference.

TABLE OF CONTENTS

Section A. Contract Requirements

Section B. Definitions

Section C. Explanation of Solicitation Process

Section D. Instructions Regarding Content, Format and Submission of Response…..

Section E. Evaluation of Responses

Section F. Debriefing and Protest Procedure

Section G. Contracting Procedures

Attachments:

Attachment A: Sample Contract

Attachment B: Sample Bid Submission Letter Attachment C: Bidder Certifications and Assurances Attachment D: Bidder Response Form Section A contract requirements

1. Background

The Washington State Department of Social and Health Services’ (DSHS) Office of Deaf and Hard of Hearing (ODHH) has served the Deaf, DeafBlind, Hard of Hearing, Late Deafened and Deaf Disabled community members in the State of Washington for over thirty years. ODHH provides equal communication access through statewide sign language interpreter services contracts co-managed with the Department of Enterprise Services so that government entities can communicate effectively and provide equitable services to this population. In particular, ODHH endeavors to ensure that all Deaf, Deafblind, Hard of Hearing, Late Deafened, and Deaf Disabled Washington residents and employees have equal access opportunities for effective communication through sign language interpreting services both in person and through virtual meetings to access and make contributions to state government activities. To further accomplish this, ODHH will enter into new sign language interpreter contracts with independent contractors.

2. Purpose

This competitive Solicitation is issued to assist the Aging and Long-Term Support Administration, Office of the Deaf and Hard of Hearing (ODHH) of the Washington State Department of Social and Health Services (DSHS) in seeking qualified Sign Language Interpreters as Independent Contractors to provide Sign Language Interpreting Services.

DSHS shall accept bids on a quarterly basis as per the procurement schedule in Section C 1.

DSHS intends to award multiple Contracts to qualified Independent Contractors, each contract awarded is anticipated for an initial term of three (3) years with the option of renewal up to two (2) times for two (2) years each time.

Services from contracts awarded through this Solicitation will be accessible to other State agencies, with DSHS being the primary user.

3. Supplemental Information About Services for Bidders DSHS has a long history of providing these services. However, this solicitation introduces changes from previous ones, and we have included additional details to aid prospective bidders:

a. ODHH aims to maintain a roster of Qualified and Certified Sign language Interpreters as approved Independent Contractors for Government services, with ongoing bid reviews quarterly in order to provide for expansion (an ongoing open solicitation for about a year).

b. This solicitation primarily focuses on on-site interpreting services including travel, with provision for using a State-approved virtual platform as a last resort.

c. Differential rates are applied to both on-site and virtual assignments.

d. Requests must be emailed via the ODHH Online Platform, which effectively streamlines administrative tasks and manages monthly data reports.

e. The Online platform automates booking confirmation, reallocate declined requests, and provides cancellation confirmations.

f. All Independent Contractors can access job requests through ODHH Portal.

g. Deaf Interpreters and Team Assignments are detailed in the contract and managed by the authorized Requestor.

h. ODHH shall offer consultation and assistance.

i. Interpreters interested in undertaking medical appointments reimbursed by the Health Care Authority will receive training and assistance in navigating the Provider One system. Medical assignments are typically remunerated within one week of a compliant and accurate claim submission.

j. State requests require an invoice and are typically paid within 30 days.

k. To get your name added to this list; please review Section 5. Bidder Minimum Qualifications on page 5 and 6.

4. Project Scope

a. Service Delivery. The successful Bidder will provide the services set forth below, full details describing the successful Bidders obligations and service requirements can be found in Attachment A – Sample Contract:

(1) Upon request from DSHS or another Requester, schedule and book in-person and virtual interpreter appointments for Deaf, Deafblind, Hard of Hearing, late Deafened, and Deaf Plus Public Assistance Clients who require interpreter assistance.

(2) The successful Bidder must be able to receive requests for interpreter services via email, telephone call, instant messaging, fax or other modes of communication.

(3) The successful Bidder shall only accept Appointments in which they are suitable for the job with the correct skillsets and credentials to facilitate effective communication between the Public Assistance Client and DSHS or another Requester.

b. Service Availability. The successful Bidder must be available to provide in-person and virtual interpretation services Monday through Friday, 8:00 am to 5:00 pm. And/or on evenings, weekends, holidays and during emergencies if indicated.

c. Service Area. The successful Bidder will provide interpretation services in at least one of the DSHS service areas set forth below:

Region 1 – Counties: Klickitat, Yakima, Kittitas, Chelan, Okanogan, Douglas, Grant, Benton, Franklin, Walla Walla, Columbia, Garfield, Asotin, Adams, Whitman, Spokane, Lincoln, Ferry, Stevens, Pend Oreille

Region 2 – Counties: Whatcom, Skagit, Snohomish, King, Island County.

Region 3 – Counties: Clallam, Jefferson, Grays Harbor, Mason, Kitsap, Pierce, Thurston, Pacific, Lewis, Wahkiakum, Cowlitz, Clark, Skamania, Lewis County.

d. Service Timeline. The successful Bidder will begin rendering all services upon execution of a new contract between DSHS and the Apparent Successful Bidder. Upon execution, the successful Bidder should expect the contract to be utilized by other State agencies, with DSHS being the primary user.

5. Payment for Services ODHH has the authority to establish the rate structure for interpreting services.

(1) Rates are based on the number of years since the initial date of the Contractor’s approved certification or ODHH credentials, provided there is no lapse in service. Rates are increased after every five (5) years of experience: increases are automatically added on the first day of their first day of their sixth, eleventh, sixteenth, twenty-first, twenty-sixth, and thirty-first years.

(2) Rates for On Site and Virtual Appointments are based on hourly rates.

(3) All Requests are booked for at least one (1) full hour plus required travel time.

(4) Travel time is paid by the hourly rate from point A to the Appointment location.

Point A is the location in which the interpreters start their commute to the Appointment location.

(5) Rates are five dollars ($5.00) additional per hour for Appointments on evenings, weekends and holidays. These are outside regular business hours (8:00 AM to 5:00 PM Monday to Friday, except Holidays).

(6) Rates are ten dollars ($10.00) additional per hour for Emergency Coverage

6. Bidder Minimum Qualifications

All Bidders must meet the following minimum qualifications:

a. Bidders must provide documentation proving they hold at least one of the following active certifications from the Registry of Interpreters for the Deaf (RID) or the National Association of the Deaf (NAD):

(1) Master Comprehensive Skills Certificate (MCSC)

(2) Comprehensive Skills Certificate (CSC)

(3) Reverse Skills Certification (RSC)

(4) Level IV Certification (NAD4)

(5) Level V Certification (NAD5)

(6) National Interpreter Certification Advanced (NICA)

(7) National Interpreter Certification Master (NICM)

(8) Interpretation Certificate (IC)

(9) Transliteration Certificate (TC)

(10) Certificate of Interpreting (CI)

b. Bidders must be licensed to do business in the state of Washington or be able to obtain a Washington State business license within 30 calendar days of being awarded a new DSHS contract.

c. Bidders must complete the initial registration with ODHH (including a background check).

d. Bidders must be able to access and utilize requests from ODHH’s online request platform.

e. Bidders must be capable of communicating via telephone, email, facsimile, and/or pager.

f. Bidders must be willing to use the ODHH online request system.

g. Bidders must be headquartered in the State of Washington, Idaho or Oregon.

Bidders failing to demonstrate in their Bids that they meet these minimum qualifications will be considered nonresponsive and will therefore be disqualified from further consideration.

7. Period of Contract Performance

DSHS/ODHH intends to award multiple Contracts for the Services described in this Competitive Solicitation. The period of performance under the Contract shall be Up to three (3) years from a fully executed Contract. The initial period will be 12/23/2024 through 12/22/2027. Please note other Contracts issued from subsequent quarterly procurements will also end 12/22/2027. The term of the Contract may be extended by amendment up to two (2) times for up to one (2) years per amendment at the sole discretion of DSHS. Additional services that are appropriate to the scope of this Solicitation, as determined by DSHS, may be added to the Contract in a mutually agreeable amendment.

SECTION B

DEFINITIONS

Additional definitions for Contract-specific terms are found in the Sample Contract set forth as Attachment A to this Solicitation and shall apply to those terms as they are used in this Solicitation. The following terms have the meanings set forth below:

Agency or DSHS – The Washington State Department of Social and Health Services.

Amendment – A unilateral change to the Solicitation that is issued by DSHS at its sole discretion and posted on WEBS.

Apparent Successful Bidder (ASB) –A Bidder submitting a Response to this Solicitation that is evaluated, identified, and announced by DSHS as providing the best value to the Agency. Upon execution of a Contract, the ASB is referred to as the successful bidder or the Contractor.

Authorized Representative – An individual designated by the Bidder to act on its behalf who has the authority to legally bind the Bidder concerning the terms and conditions outlined in this Solicitation and related documents.

Bid - An offer, proposal or quote for goods or services and all related materials prepared and submitted by a Bidder in response to this Solicitation. The terms Bid, Quotation, Response and Proposal are all intended to mean the same thing.

Bidder – An individual, organization, public or private Agency or other entity submitting a bid, quotation, response or proposal in response to this Solicitation.

Contract – A written agreement entered into between a successful Bidder and DSHS as a result of this Solicitation.

Complaint – A process that may be followed by a Bidder prior to the deadline for bid submission to alert DSHS of certain types of asserted deficiencies in the Solicitation.

Coordinator or Solicitation Coordinator – An individual or designee who is employed by DSHS within the DSHS Central Contracts and Legal Services Office and who is responsible for conducting this Solicitation.

Debriefing – A short meeting a Bidder may request with the Coordinator following the announcement of the Apparent Successful Bidder for the purpose of receiving information regarding the review and evaluation of that Bidder’s Response.

Procurement - The broad process of identifying goods and services for purchase or acquisition, of effecting the purchase or acquisition, and of managing the purchase or acquisition. This Solicitation is a part of an overall Procurement process. Despite the broader meaning attributed to “procurement”, for purposes of this Solicitation, the terms Solicitation, RFP/RFQ/RFQQ and Procurement are interchangeable.

Project - The undertaking or work for which contracted Services are being requested pursuant to this Solicitation.

Protest – A process that may be followed by a Bidder after the announcement of the apparent Successful Bidder to alert DSHS to certain types of alleged errors in the evaluation of the Solicitation.

Purchaser - State of Washington government agencies who are authorized by DSHS to purchase interpretation services under the terms of the awarded contract. The term includes DSHS, ODHH and DCYF.

RCW – The Revised Code of Washington. All references to RCW chapters or sections shall include any successor, amended, or replacement statute.

Responsible Bidder – An individual, organization, public or private Agency, or other entity that has demonstrated the capability to meet all the requirements of the Solicitation and to meet the elements of responsibility. (See RCW 39.26.160 (2))

Responsive Bidder – An individual, organization, public or private Agency, or other entity who has submitted a Bid that fully conforms in all material respects to the Solicitation and all its requirements, in both form and substance.

RFP/RFQ/RFQQ – The request for proposals, qualifications, quotations, or qualifications and quotations set forth in this Solicitation document.

Scope of Work – The Project or work scope set forth in this Solicitation Document that identifies DSHS’ contractual needs and requirements.

Services – Labor, work, analysis, or similar activities provided by a contractor to accomplish a specific scope of work.

Small Business – An in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that certifies under penalty of perjury that they are Washington Small Business as defined in RCW 39.26.010(22).

Solicitation or Competitive Solicitation – A formal process providing an equal and open opportunity for bidders culminating in a selection based upon predetermined criteria. A Competitive Solicitation requests the submission of bids, quotations, or proposals for the consideration of DSHS in contracting to meet its needs. This RFP/RFQ/RFQQ is a Solicitation.

Solicitation Document – This RFP/RFQ/RFQQ document, including all attachments and all amendments that are issued by the Coordinator.

Statement of Work – The detailed description of services to be performed by the Contractor and outlined in the Contract.

Subcontractor – An individual or other entity contracted by Bidder to perform part of the services or to provide goods under the Contract resulting from this Solicitation. Subcontractors, if allowed, are subject to the advance approval of DSHS.

Veteran-owned business – A business that is certified by the Department of Veterans Affairs (DVA) in the state of Washington. (See RCW 43.60A.200)

WEBS – Washington’s Electronic Business Solution, the Bidder notification system found at https://pr-webs-vendor.des.wa.gov/ and maintained by the Washington State Department of Enterprise Services.

SECTION C

EXPLANATION OF SOLICITATION PROCESS

8. Solicitation Schedule

DSHS is releasing this Solicitation as an ongoing contracting opportunity with quarterly qualification timeframes over the next year.

The Solicitation Schedule set forth below outlines the tentative schedule for important events relating to this Solicitation. Except as modified in an Amendment issued by the Coordinator, the dates and times listed through the Response Submission date are mandatory deadlines. The remaining dates are estimates and may change without the posting of an Amendment. Failure to meet the Response deadline will result in Bidder’s disqualification.

DSHS Staff will retrieve and evaluate submissions on a quarterly basis, as long as sufficient need exists, following the below schedule.

New Bid window Date

2nd Bid Window Date

3rd Bid Window Date

4th Bid Window

ASL Interpreters and CART services provided Join Zoom Meeting https://dshs-telehealth.zoom.us/j/84196675267

9. Posting of Solicitation Documents DSHS shall post this Solicitation, and all amendments and announcements relating to this Solicitation, on WEBS. WEBS can be accessed at: https://pr-webs-vendor.des.wa.gov/. In order to inform the largest number of potential bidders about this opportunity, DSHS shall also post documents relating to this Solicitation on the Procurements page of the DSHS website, found at:

https://www.dshs.wa.gov/ffa/procurements-and-contracting All Bidders must register as a vendor on WEBS, using an appropriate commodities code listed on the front page of this Solicitation, and download this Solicitation from WEBS. This should be done as soon as possible in order for Bidder to receive notifications automatically generated on WEBS, but no later than the date set forth in Section C.1., Solicitation Schedule for Announcement of the Apparent Successful Bidder(s).

10. Amendment, Cancellation/Rejection of Bids, Reissuance of Solicitation DSHS may amend or add to, retract from or cancel this Solicitation at any time, in whole or in part, and without penalty. DSHS may reject all bids and cancel or reissue this Solicitation. All amendments and notifications of cancellation shall be posted on WEBS. In the event of a conflict between amendments or between an amendment and this Solicitation Document, the document issued latest shall control.

11. Communications regarding Solicitation Upon the posting of this Solicitation, all communications concerning this Solicitation must be directed to the Coordinator listed on the cover page of this Solicitation document. With the exception of the Response, which shall be submitted as provided in Section D, Instructions Regarding Content, Format and Submission of Written Responses, communications with the Coordinator should be sent via email. DSHS may disqualify any Bidder who communicates with anyone in DSHS other than the Coordinator regarding this Solicitation.

DSHS considers all oral communications unofficial and non-binding on DSHS. Bidders should rely only on written statements issued by the Coordinator. Email shall be considered an official method of communication unless otherwise specified in this document.

12. Pre-Bid Conference

Bidders are invited to attend a Pre-Bid Conference, which shall be held at the date and time set forth below. The Pre-Bid Conference is an opportunity for Bidders to learn more about the conditions under which a Contract will be performed. At the Pre-Bid Conference, Bidders will have an opportunity to ask questions and to hear presentations from knowledgeable DSHS personnel. DSHS shall summarize the information shared at the Pre-Bid Conference and post that summary on the DSHS procurement web page and on WEBS as an Amendment to this Solicitation. Bidders may only rely upon information that is included in this Amendment in preparing their Responses.

Pre-Bid Conference will take place via Zoom on Wednesday October 2, 2024, from 3:30 to 4:30 p.m.

Join Zoom Meeting https://dshs-telehealth.zoom.us/j/84196675267

Please send a confirmation to the Coordinator listed in the cover letter before October 1st, 2024.

13. Questions and Answers

Bidders may send written questions concerning this Solicitation to the Coordinator by the date and time set forth on the Solicitation Schedule in Section C.1. for submission of Questions. Questions should be sent via email and should include the number and title of this Solicitation in the subject line.

DSHS may consolidate Bidder questions and shall respond by posting one or more Amendments on WEBS and on the DSHS Procurement website on or around the date specified in the Solicitation Schedule. Only Bidders who have properly registered and downloaded the original Solicitation directly via the WEBS system: https://pr-webs-vendor.des.wa.gov/ will receive notification of Amendments and other correspondence pertaining to this Solicitation.

14. Request for Change in Solicitation Requirements If Bidder believes that this Solicitation contains requirements which would unreasonably prohibit or restrict Bidder’s participation or believes that different requirements would provide better value to the State, Bidder shall submit a written explanation of the issue together with proposed alternative requirements to the Coordinator no later than the deadline for Bidder Questions as stated in the Solicitation Schedule outlined in Section C.1. The Coordinator shall not be required to consider requests for changes after this date. If any changes are made to the Solicitation requirements, an Amendment setting forth those changes will be posted on WEBS.

15. Complaints

In the event a Bidder believes that this Solicitation either: (a) unnecessarily restricts competition; (b) contains an unfair or flawed evaluation or scoring process; or (c) contains inadequate or insufficient information to permit preparation of a Response, the Bidder shall submit a written complaint to the Coordinator. The Coordinator will forward the complaint to the DSHS Chief of Central Contracts and Legal Services for review. The complaint shall include a proposed remedy and shall be submitted no later than five (5) business days prior to the date when Responses are due. DSHS shall post its Response to the Complaint on WEBS and on the DSHS procurement web page.

Should a Bidder’s complaint identify a change that would be in the best interest of DSHS to make, DSHS may issue an Amendment modifying this Solicitation. The DSHS decision regarding a complaint is final and no further administrative appeal is available. If no complaint is filed, a Bidder cannot later file a protest based on any of the above complaint criteria.

16. Minority & Women’s Business Enterprises (MWBE) and Veteran-Owned Business Enterprises

In accordance with the legislative findings and policies set forth in RCW 39.19, 43.60A.200, 39.26.240 and 39.26.245, the State of Washington encourages participation by Veteran-owned, Minority-Owned, and Women-Owned businesses either self-identified or certified by, respectively, the Department of Veterans Affairs or the Office of Minority and Women’s Business Enterprises (OMWBE). While the State does not give gender or race-based preferential treatment, it does seek equitable representation from Washington Small Businesses as well as the veteran, minority, and women-owned business communities.

According to Chapter 39.26.010 RCW, to qualify as a Washington Small Business, Bidder must meet three (3) requirements:

a. Location: Bidder’s principal office/place of business must be located in and identified as being in the State of Washington. A principal office or principal place of business is a firm’s headquarters where business decisions are made and the location for the firm’s books and records as well as the firm’s senior management personnel.

b. Size: Bidder must be owned and operated independently from all other businesses and have either: (a) fifty (50) or fewer employees or (b) gross revenue or less than seven million dollars ($7,000,000) annually as reported on Bidder’s federal income tax return or its return filed with the Washington State Department of Revenue over the previous three consecutive years.

c. WEBS Certification: Bidder must have certified its Washington Small Business status in Washington’s Electronic Business Solution (WEBS).

According to Chapter 43.60A.190 RCW, to qualify as a Certified Washington Veteran-Owned Business, Bidder must meet four (4) requirements:

a. 51% Ownership. Bidder must be at least fifty-one percent (51%) owned and controlled by:

(1) A veteran is defined as every person who at the time he or she seeks certification has received a discharge with an honorable characterization or received a discharge for medical reasons with an honorable record, where applicable, and who has served in at least one of the capacities listed in RCW 41.04.007;

(2) A person who is in receipt of disability compensation or pension from the Department of Veteran’s Affairs; or

(3) An active or reserve member in any branch of the armed forces of the United States, including the national guard, coast guard, and armed forces reserves.

b. Washington Incorporation/Location. Bidder must be either an entity that is incorporated in the State of Washington as a Washington domestic corporation or, if not incorporated, an entity whose principal place of business is located within the State of Washington.

c. WEBS Certification. Bidder must have certified its Veteran-Owned Business status in Washington’s Electronic Business Solution (WEBS).

d. WDVA Certification. Bidder must have certification documentation to the Washington Department of Veteran’s Affairs (WDVA) and be certified by WSVA and listed as such on WDVA’s website (WDVA – Veteran-Owned Businesses).

DSHS encourages Washington Small, Veteran-owned, and MWBE Bidder participation both directly in Response to this Solicitation and as subcontractors to a Prime Bidder.

Bidders may contact the Office of Minority and Women’s Business Enterprises (OMWBE) at http://omwbe.wa.gov/ and/or the Department of Veterans Affairs at http://www.dva.wa.gov/program/veteran-owned-business-certification in order to obtain information on certified firms for potential subcontracting arrangements or for information on how to become certified. Nothing in this section is intended to prevent or discourage participation from non-MWBE firms or non-Veteran-owned businesses.

17. Auxiliary Aids and Limited English Proficient (LEP) Services:

DSHS will provide access to this Solicitation document to individuals with disabilities and Limited English Proficient individuals. Please contact the Coordinator to request auxiliary aids and services.

If an individual believes that the Department has discriminated against them based on a protected status, please contact the DSHS Investigations Unit for the Nondiscrimination Policy Brochure and complaint process. The brochure can be found at https://www.dshs.wa.gov/sites/default/files/publications/documents/Non-discrim%2022-171.pdf

18. Cost to Prepare Response

DSHS will not be liable for any costs incurred by the Bidder in preparing, conducting a site assessment, or submitting a Response to this Solicitation.

19. Acceptance of Solicitation Terms

In submitting a Response, Bidder must include a signed Bid Submission Letter in the form set forth on Attachment B, as well as signed Bidder Certifications in the form set forth on Attachment C. Bidder must acknowledge that in submitting a Response, it accepts all terms of this Solicitation Document, including all of its Attachments, and that Bidder’s Response constitutes a binding offer. Bidders may not alter or redline the solicitation terms or requirements in their Response. Submitting altered or redlined solicitation terms or requirements in the Bidder Response may result in bidder disqualification.

20. Joint Proposals

If Bidders submit a joint Response with one or more other persons or entities, these persons or entities must designate a prime Bidder. The prime Bidder will be DSHS’s sole point of contact through the Procurement process. If selected as the Apparent Successful Bidder, the prime Bidder shall sign the Contract and any amendments and will be liable and responsible to DSHS for all performance under the Contract.

21. Withdrawal of Responses

After a Response has been submitted, Bidders may withdraw their Response at any time up to the Response due date and time as specified in Section C.1, Solicitation Schedule. A written request to withdraw the Response must be submitted to the Coordinator. After withdrawing a Response, the Bidder may submit another Response at any time up to the Response submission date and time.

22. Ownership of Responses

All materials submitted in response to this Solicitation become the property of DSHS, unless received after the deadline in which case the Response shall be returned to the sender. DSHS shall have the right to use any of the ideas presented as part of the process in any manner as it deems appropriate or beneficial, regardless of whether it is contained in a Response that results in selection for a Contract.

23. DSHS Award Options; Improvement of Bid Offers

After Responses are received and written evaluations are completed, DSHS may (but shall not be required to) request best and final offers from one or more Responsible and Responsive Bidders. The written Responses of Bidders invited to provide a best and final offer may be re-evaluated and the point values may be adjusted based upon changes to pricing or proposed services, deliverables or methodologies that are included in a best and final offer, prior to DSHS’ determination of the Apparent Successful Bidder.

Alternatively, after reviewing all Responses, DSHS may enter into negotiations with the highest ranked Responsive and Responsible Bidder in order to determine if the Bid may be improved before identification of the Apparent Successful Bidder.

DSHS shall not be required to request best and final offers or to enter into negotiations and reserves the right to make a Contract award without further discussion of the Response. Therefore, the Response should be submitted on the most favorable terms that Bidder intends to offer.

24. Announcement of Successful Bidder(s) DSHS shall announce the Apparent Successful Bidder(s) on WEBS on the date indicated in Section C.1., Solicitation Schedule. All announcements of Apparent Successful Bidders are subject to the negotiation of a Contract satisfactory to DSHS.

Bidders may request a debriefing conference with the Coordinator to discuss information regarding the review and/or evaluation of their bid and may, under certain circumstances, file a formal protest requesting that DSHS provide an identified remedy if Bidder believes certain types of errors occurred. A more detailed description of these processes is set forth in Section F, Debriefing and Protest Procedure.

25. Ethics, Policies and Law

This Solicitation, the evaluation of Responses, and any resulting contract will be made in conformance with applicable Washington State laws and Policies.

Specific restrictions apply to contracting with current or former state employees pursuant to RCW 42.52. Bidders should familiarize themselves with the requirements prior to submitting a Response. Bidders must include, in their Letter of Submittal, information regarding any current or former state employees who are employed by, or subcontracted with, Bidder.

SECTION D

INSTRUCTIONS REGARDING CONTENT, FORMAT AND SUBMISSION OF WRITTEN RESPONSES

Bidders shall submit their Responses utilizing the forms set forth on Attachments B, C, and D to this Competitive Solicitation. Each Attachment represents a separate section of the Response. Failure to complete and submit all required Attachments, and to sign them, if applicable, may result in Bidder disqualification. Responses should be typed in 12 point font and should be submitted in the following order with each section of the Response clearly labeled.

26. Attachment B: Bid Submission Letter (Required, not scored) All Bidders must submit a completed bid submission letter in the form and with the minimum contents set forth on Attachment B, which must include all of the required acknowledgments and information. The Bid Submission Letter must be signed by an individual authorized to bind the Bidder contractually. Bidder’s completed and signed Attachments B, and C, together with any documents that are required to be attached, and Bidder’s answers to administrative questions set forth on Attachment D, Bidder Response Form, comprise the Administrative component of the Response.

27. Attachment C: Bidder Certifications and Assurances (Required, not scored) All Bidders must submit the Bidder certifications and assurances form set forth on Attachment C, signed by an individual authorized to bind the Bidder contractually. Bidders may not alter or redline the Bidder Certifications and Assurances form in their Response. Submitting altered or redlined solicitation terms or requirements in the Bidder Response may result in Bidder disqualification.

28. Attachment D: Bidder Response Form (Required, not scored) Using Attachment D, Bidders must provide answers to the questions set forth on the Bidder Response Form to demonstrate satisfaction of administrative requirements and, as applicable to this Solicitation, their qualifications and approach to provide the services as outlined in this Competitive Solicitation, including the Sample Contract set forth on Attachment A.

The Bidder Response Form is posted separately from this Solicitation document in Microsoft Word format. Except for limits that are noted on the Bidder Response Form, Bidders may utilize as much space as is reasonably required to respond to each question, provided all questions are repeated and remain numbered and ordered as set forth in Attachment D. If additional pages are needed, they should be attached to the page containing the initial portion of the Response to a question and should be marked clearly to indicate that they provide a continuation of Bidder’s answer to a specific numbered question. Bidders should not submit product brochures, white papers, customer testimonials, cut sheets, or other pre-prepared materials in Response to any of the questions unless specifically requested.

Bidders must submit complete, well-organized explanatory answers that address all of the specific questions asked in the Bidder Response Form. Bidders should not assume that evaluators will be familiar with their businesses before conducting the evaluation.

Use of Attachment D assures that Bidder responds to specific questions in space immediately below those questions and helps to avoid confusion among evaluators about the question that is being responded to. Failure to use the form set forth on Attachment D (with the applicable questions set forth immediately above Bidder’s answers), failure to respond to all questions and/or failure to submit any documents requested in the Bidder Response Form may result in Bidder disqualification.

If Bidder is awarded a Contract, DSHS may require that Bidder’s Response to the Bidder Response Form be incorporated, in whole or in part, into the Contract.

29. Proprietary Information/Public Disclosure Materials submitted in response to this Solicitation shall be deemed public records as defined by RCW 42.56. All Responses and accompanying documentation shall become the property of DSHS upon receipt, and will not be returned.

The Bidder’s Response must include, on Attachment D, a statement identifying the pages of its Response, if any, which contain information the Bidder considers proprietary (for the purposes of public disclosure). Each page claimed to be proprietary must be clearly marked by stating the word “Proprietary” on the lower right hand corner. Bidders must be reasonable in designating information as proprietary or confidential. Bidders may not mark their entire Response proprietary. Doing so will not be honored and will disqualify your Response from further consideration.

If DSHS receives a request to view or copy a Bidder’s Response, DSHS will respond according to applicable law and DSHS’s policy governing public disclosure. DSHS will not disclose any information marked “Proprietary” in a Response without giving the Bidder ten (10) days’ notice to seek relief in superior court per RCW 42.56.540.

DSHS is required to publicly post the awarded Bidder(s)’s bid(s) and bid evaluation documents, upon completion of the Solicitation. DSHS shall redact these materials for information identified as proprietary and post them on the DSHS website subsequent to the award of a contract.

Bidders may not include any DSHS client information in their Responses. Doing so will result in disqualification of the Response from further consideration. If you wish to include examples of any forms or processes, use a blank form or ensure that all client information is completely redacted.

30. Submission of Responses Bid Responses must be stored in an acceptable electronic format and, if applicable, hard copy format, as set forth in Section 7, below. Bid Responses must be emailed directly to the Coordinator at the email address provided on the cover sheet of this Solicitation Document. Bid Responses must be received by the Coordinator in their entirety on or before the due date and time set forth in Section C.1., Solicitation Schedule, unless a posted Amendment to this Competitive Solicitation changes this due date and time. Bidder’s completed version of each of the Attachments B, C, and D, to this Competitive Solicitation shall be included as a separate attachment to the Bidder’s email(s).

Bidders assume all risks for the timely submission of the Response. Bidders are responsible for allowing sufficient time to ensure timely electronic receipt of their Response by the Coordinator and, in Solicitation that also requires that hard copies of the Response be submitted, to ensure timely receipt via other delivery methods. DSHS does not assume responsibility for problems with the Bidder’s email, network or problems with the mail, parking, traffic or the services of any third-party courier. However, if DSHS email is not working properly, appropriate allowances will be made.

DSHS will not accept late Responses, nor grant time extensions for individual Bidders. DSHS will disqualify any Response and withdraw it from consideration if it is received after the Response submission due date and time.

31. Acceptable Electronic Formats for Submission of Responses Attachment D, Bidder Response Form, should be submitted in Microsoft Word format. Other Response documents must be formatted in Portable Document Format (Adobe Acrobat PDF) or Microsoft Word, Excel, or PowerPoint. Spreadsheet documents must be submitted in Microsoft Excel and in a live, unprotected file that includes all formulas, macros, and computations that are relied on or used to calculate any rates or values presented therein. When scanning documents to be submitted in PDF format, scanner resolution should be set to at least 200 dots per inch.

NOTE: DSHS cannot receive emails that are larger than 30MB. To keep file sizes to a minimum, Bidders are cautioned not to use unnecessary graphics in their Responses. If your Response approaches or exceeds 30MB, you must break it up and send it by more than one email so that no single email exceeds 30MB.

32. Alternative Submission Methods Bidders wishing to request an alternative method for submitting their Response must contact the Coordinator at least ten (10) days before the Response Submission Date. No alternative submission method will be accepted unless agreed to by the Coordinator in writing prior to the Response deadline.

SECTION E

EVALUATION OF RESPONSES

33. Bid Responsiveness; Administrative Review All Responses will be reviewed by the Coordinator to determine compliance with administrative and minimum qualification requirements and instructions specified in this Solicitation. DSHS may reject a Response as nonresponsive at any time for any of the following reasons:

· Incomplete Response

· Submission of a Response that proposes services that deviate from the scope and technical requirements set forth in this document and Attachment A, Sample Contract, except as permitted in an Amendment to this Solicitation

· Failure to meet the minimum Bidder qualifications or to comply with any requirement set forth in this Solicitation Document, including Attachments

· Submission of incorrect, misleading, or false information

· History of prior unsatisfactory contractual performance The Coordinator may contact any Bidder for clarification of the Response. If a Response is deemed non-responsive, it shall be removed from further consideration. DSHS shall notify non-responsive Bidder(s) of this determination and the supporting reasons. Bidders whose Responses are found to be non-responsive shall be disqualified from further evaluation and shall be notified in writing.

If a Response meets all administrative and Bidder qualification requirements and submittal instructions, DSHS shall continue with the Written Evaluation and, if applicable, the Oral Evaluation.

34. Errors in Bidder Response

Bidders are responsible for all errors or omissions contained in their Responses. Bidders will not be allowed to alter Response documents after the deadline for Response submissions.

DSHS reserves the right to contact any Bidder for clarification of Response contents. In those cases where it is unclear to what extent a requirement has been addressed, the evaluation panel may, in their discretion and acting through the Coordinator, contact a Bidder to clarify specific matters in the submitted Response.

DSHS reserves the right to waive minor administrative irregularities contained in any Bidder Response.

35. Evaluation Criteria: Pass/Fail of Responses Following the administrative reviews, response shall be evaluated using a pass/fail method to ensure a clear and fair selection process. Each bid will be reviewed against the specified minimum qualifications, administrative requirements, and submittal instructions. For each criterion, the bid must either meet the standard (pass) or it will not (fail). To move forward in the evaluation process, a bidder must pass all criteria. If a bid fails to meet any single requirement, it will be deemed nonresponsive and disqualified from further consideration. This approach ensures that only bidders who fully comply with all essential requirements are eligible for contract award.

36. Evaluation for Executive Order 18-03 (Firms without Mandatory Individual Arbitration for Employees)

Pursuant to RCW 39.26.160(3) (best value criteria) and consistent with Executive Order 18-03 – Supporting Workers’ Rights to Effectively Address Workplace Violations (dated June 12, 2018), DSHS will evaluate bids for best value and provide a bid preference in the amount set forth on Attachment D, Bidder Response Form, to any bidder who certifies that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

Successful bidders who certify that their employees are NOT required to sign these clauses and waivers as a condition of employment will have an EO 18-03 section added to their Contract incorporating this Response and requiring notification to DSHS if they later require their employees to agree to these clauses or waivers during the term of the Contract.

37. Bidder’s References Once the written evaluations are completed, DSHS may contact the references provided by Bidder(s) in order to investigate past performance and validate information in Bidder Responses. In submitting a Response, Bidder agrees that it shall hold harmless DSHS and any individuals identified as references from and against liability resulting from the provision of information or the receipt and use of that information in evaluating Bidder’s Response.

References are evaluated on a pass/fail basis. DSHS may reject a bid and consider a bidder as non-responsible if a reference provides negative information about a Bidder’s past performance.

DSHS may, at any time, require additional or substitute references to determine the Bidder’s experience and level of responsibility. If the reference check process reveals information that should properly be considered in evaluating Bidder’s responses, DSHS may, in its sole discretion, reconvene the evaluation panel to reconsider the evaluation scoring in light of the information obtained.

38. Selection of Apparent Successful Bidder The Apparent Successful Bidders (ASBs) for this solicitation will be determined on a Pass/Fail bases, this Pass/Fail bases will be in accordance with the minimum qualifications, administrative requirements, submittal instructions, and references. DSHS may also consider a Bidder’s performance on a prior State or other contracts and may reject Responses of any Bidder who has failed to perform satisfactorily under any previous contract with the state or another party. DSHS reserves the right to select a Bidder whose Response is deemed to offer the best overall value and that is in the best interests of DSHS and the State of Washington.

The Bids that pass the initial evaluation will be compiled into a pool of qualified bidders. This pool represents vendors who have demonstrated that they meet the minimum standards for providing high-quality sign language interpretation services. From the pool of qualified bidders, the Apparent successful Bidders will be selected.

DSHS management shall make the final determination as to which Bidder(s), initially designated as finalist(s), shall be officially selected and announced on WEBS as the Apparent Successful Bidder(s) on or about the date and time set forth in Section C.1., Solicitation Schedule. DSHS may also notify the Apparent Successful Bidder(s) and the unsuccessful Bidder(s) of its determination via email on or about the date and time specified in Section C.1., Solicitation Schedule.

DSHS’ decision will be subject to the execution of a Contract satisfactory to DSHS within a reasonable period of time following the announcement of the Apparent Successful Bidder on WEBS. In the event the parties are unable to reach agreement on the final details of a Contract, consistent with Attachment A, Sample Contract, DSHS shall have the option of negotiating with the next highest ranked Bidder and of revising the announcement of the Apparent Successful Bidder.

SECTION F

BIDDER DEBRIEFING

AND PROTEST PROCEDURE

39. Debriefing Conferences No later than 5:00 p.m. on the third business day following the posted announcement of Successful Bidder(s) on WEBS, Bidders may send an email to the Coordinator requesting a Debriefing Conference. Unless a different date is agreed upon by the Coordinator, the Debriefing Conference will be held on a date designated in Section C.1., Solicitation Schedule. Discussion at the debriefing conference will be limited to the following:

· If the Bidder’s proposal was rejected, the reason for its rejection

· Evaluation and scoring of the Bidder’s Response

· Critique of the Response based on the evaluation

· Review of Bidder’s final score in comparison with the other final scores No comparisons between Bids will be allowed during the Debriefing Conference, which shall be conducted by telephone, unless the Coordinator agrees to an in-person meeting, and shall last for a maximum period of thirty (30) minutes.

40. Grounds and Filing of Protests A Bidder who has participated in a Debriefing Conference may file a formal Protest if the Bidder asserts that there are facts that indicate error in the evaluation of Bids on one or more of the following grounds:

· Bias, discrimination or conflict of interest on the part of the evaluator or in the process

· Mathematical errors in computing the score

· Non-compliance with procedures described in the Solicitation document or in DES policy Protests must be emailed to the Solicitation Coordinator and must be received no later than 5:00 p.m. (Pacific Time) on the fifth (5th) business day following the day of the Bidder’s Debriefing Conference. The Protest must adhere to the requirements set forth in this Section or it will not be considered.