RFQQ 24-CTR-01.pdf

Eastern Washington University

American Sign Language Interpretation Services

Request for Qualifications and Quotations

RFQQ #24-CTR-01

1. INTRODUCTION

1.1. PURPOSE AND BACKGROUND

This Request for Quote & Qualifications (“RFQQ”) issued by EWU for the purpose of requesting proposals from qualified, licensed, and experienced Firms to provide American Sign Language interpretation services for the following: one-on-one classroom interpreting, event interpreting, and meeting interpretation for a period of three years, with the ability to extend to up to five years with two one-year options. EWU reserves the right to request additional services through future addenda with the Firm.

1.2. CONTRACTOR POOL

EWU intends to establish a Pre-Qualified “Contractor Pool” to provide American Sign Language interpretation services outline in Section 1.1 and award Contracts with multiple Contractors. Award of a Contract is not a guarantee of business.

EWU reserves the right, during the resulting Contract term, to make additional Contract awards to responsive, responsible Proposers who provide a Proposal. Such awards would be on the same or substantially similar terms and conditions and would be designed to address a Contractor vacancy (e.g., a Contractor is terminated or goes out of business), respond to EWU needs, or be in the best interest in the State of Washington.

1.3. DEFINITIONS:

EWU - Eastern Washington University is the agency that is issuing this RFQQ.

Firm- Individual or company whose proposal has been accepted by EWU and is awarded a fully executed, written contract.

Proposal - A formal offer submitted in response to this solicitation.

Request for Qualifications and Quotations (RFQQ) - Formal procurement document in which services needed are identified and Firms are invited to provide their qualifications to provide the services and their hourly rates.

1.4. PERIOD OF PERFORMANCE

The period of performance for any Contract resulting from this RFQQ is tentatively scheduled to begin August 1, 2024 and to end no later than July 31, 2029.

1.5. ADA

EWU complies with the Americans with Disabilities Act (ADA). Consultants may contact the RFQQ Coordinator to receive this Request for Qualifications and Quotations in Braille or on tape.

1.6. NON-ENDORSEMENT

As a result of the selection of a Vendor to supply products and/or services to EWU, EWU is neither endorsing nor suggesting that the Vendor’s product is the best or only solution. The Contractor agrees to make no reference to

EWU in any website, literature, promotional material brochure, sales presentation or the like without express written consent of EWU’s Trademarks and Licensing Office.

2. GENERAL INFORMATION FOR CONSULTANTS

2.1. RFQQ CORDINATOR

The RFQQ Coordinator is the sole point of contact at EWU for this procurement. All communication between the

Consultant and EWU upon receipt of the RFQQ shall be with the RFQQ Coordinator, as follows:

Name Cody Ross

Mailing Address Procurement & Contracts

218 Tawanka Hall Cheney, WA 99004

Phone Number (509) 359-6804

Email address Cross19@ewu.edu

Email is the preferred method of communication

Any other communication will be considered unofficial and non-binding on EWU. Consultants are to rely on written statements issued by the RFQQ Coordinator. Communication directed to parties other than the RFQQ

Coordinator may result in disqualification of the Consultant.

2.2. PROCUREMENT SCHEDULE

Issue request for Qualifications and Quotations June 7, 2024

Question and answer period June 7 - 16, 2024

Issue addendum to RFQQ (if applicable) June 18, 2024

Proposals due June 28, 2024

Evaluate proposals June 28 – July 12, 2024

Announce “Apparent Successful Contractor(s)” and send notification via fax or email to unsuccessful proposers

July 12, 2024

Negotiate contract July 12, 2024 – July 31, 2024

Begin contract work August 1, 2024

EWU reserves the right to revise the above schedule

2.3. SUBMISSION OF PROPOSALS

The Proposal must be received by the RFQQ Coordinator no later than 2:00 p.m., Pacific Time, in Cheney, Washington, on June 28, 2024.

Proposals must be submitted electronically as an attachment to an email to Cody Ross, the RFQQ 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.

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. Per 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 RCW 42.56.

Any information in the Proposal that the Contractor desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56, 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 mailto:Cross19@ewu.edu

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

All EWU public record requests should follow the Request Procedures and Guidelines for Obtaining Public Records.

2.5. REVISIONS TO THE RFP

EWU reserves the right to cancel, amend, or reissue the RFQQ 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 Office of Minority and Women’s Business Enterprises (OMWBE) or Department of Veteran’s Affairs. 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.

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 RFQQ Coordinator to determine compliance with administrative requirements and instructions specified in this RFQQ. 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 RFQQ for incorporation into a Contract resulting from this RFQQ. 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 procurement 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. In no event is a Contractor to submit its own standard contract terms and conditions in response to this solicitation. The Contractor may submit exceptions as allowed in the Certifications and Assurances form, Exhibit A to this solicitation. 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. The template for the proposed Contract to be awarded through this RFQQ is attached hereto as Exhibit B. Also attached hereto as Exhibit C is EWU’s Data Sharing Agreement.

2.11. COSTS TO PROPOSE

https://access.ewu.edu/public-records

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 RFQQ.

2.12. NO OBLIGATION TO CONTRACT

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

2.13. 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 RFQQ.

2.14. 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 RFQQ. No cost chargeable to the proposed Contract may be incurred before receipt of a fully executed Contract.

2.15. 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 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.

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 RCW 48.18 (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 RCW 48.15 (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 RCW 48.15 and WAC 284-15.

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 in the order noted below:

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

2. Qualifications

3. Quotation

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 Consultant in preparing a thorough response. Items in this section 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 and the attached Certifications and Assurances form (Exhibit A to this RFQQ) must be signed and dated by a person authorized to legally bind the Consultant to a contractual relationship, e.g., the president or executive director of a corporation, the managing partner of a partnership, or the proprietor of a sole proprietorship. Attach the Certifications and Assurances form to the Letter of

Submittal.

3.2. QUALIFICATIONS (SCORED)

The objective of this RFQQ is to select a qualified Contractor to provide diplomas to students; print and mail and/or electronically distributed. The Qualifications Response is to be submitted in the sections as follows: 1) Business Information and Qualifications to meet the Scope of Work, defined below, 2) References and 3) the third proof of certification for minority and women-owned businesses, veteran owned or small business owned, if applicable.

Business Information and Qualifications

A. Include the company history and what qualifies the company to perform the scope of work.

References

A. List names, addresses, telephone numbers, and fax numbers/email addresses of three (3) business references for whom work has been produced. Do not include current EWU staff as references.

B. By submitting a Proposal in response to this RFQQ, 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.

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.

Environmental and Social Issues (OPTIONAL AND NOT SCORED)

A. Indicate use of environmentally safe products and processes.

3.3. QUOTATIONS (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 RFQQ. However, Contractors are encouraged to submit Proposals which are consistent with state government efforts to conserve state resources. Sample items may be included if Contractor has not previously provided samples to EWU in prior work performed under contract.

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 below, as well as how the Scope of Work will be accomplished:

• Provide multiple, licensed in-person interpreters at the EWU campus in Cheney, WA;

• Provide interpretation (including the use of multiple interpreters) for courses up to three hours long, which may be graduate and/or undergraduate level;

• Ability to utilize Zoom and other videoconferencing services for interpretation;

• Be able to communicate changes in services, including interpreter absences, to EWU Student Accommodations and Support Services in a timely manner; and

• Verify that its interpreters maintain all required licensure.

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.

4. EVALUATION AND CONTRACT AWARD

4.1. EVALUATION PROCEDURE

The evaluation process is designed to award Contracts to those Vendors with the best combination of price and

Qualifications based upon the evaluation criteria. This process is not designed to award Contracts merely or solely on the basis of the lowest price Quotations. 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 to be designated by EWU, which will determine the ranking of the proposals. EWU, at its sole discretion, may also elect to select the top scoring Firms as finalists for an oral presentation.

4.2. CLARIFICATION OF PROPOSAL

The RFQQ Coordinator may contact the Firm for clarification of any portion of the Firm’s proposal.

4.3. EVALUATION WEIGHTING AND SCORING

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

Proximity to Cheney and ability to send in-person interpreters 50 Points 50 %

Number of Interpreters Available 20 Points 20 %

Ability to Video Conference 10 Points 10 %

Communication plan to coordinate with EWU Student Accommodations and Support Services

10 Points 10 %

Method to ensure interpreters maintain all required licensure 10 Points 10 %

Total 100 Points 100%

4.4. NOTIFICATION TO PROPOSERS

EWU will notify all Proposers of its selection of the Apparent Successful Contractor 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. DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Upon request, a debriefing conference will be scheduled with an unsuccessful Proposer. The request for a debriefing conference must be received by the RFQQ Coordinator within three (3) business days after the announcement of an award. The debriefing must be held within three (3) business days of the request.

Discussion will be limited to a critique of the requesting Consultant's proposal. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour.

4.6. 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 Proposers who intend to submit a response to the solicitation. Complaints filed on the day solicitation 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 RFQQ Coordinator, or designee.

c. Should clearly articulate the basis for the complaint.

d. Should include a proposed remedy.

3. The RFQQ Coordinator or designee will respond to complaints in writing. The RFQQ 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 EWU Director of Procurement and Contracts will be notified of all complaints and provided a copy of the response.

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

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

4.7. PROTEST PROCEDURE

Pursuant of 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;

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 appropriate.

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.

5. RFQQ 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

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

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

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. Proposer certifies as follows:

☐ NO TERMINATION FOR DEFAULT OR CAUSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

OR

☐ TERMINATION FOR DEFAULT OR CAUSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

16. Authorization to Conduct Business. Proposer certifies as follows (must check one):

☐ CURRENT AUTHORIZATION. Proposer has completed all required filings and/or registrations required of Proposer to conduct business in the State of Washington, and the state where

Proposer is registered if different from the State of Washington and registration is required. If

Proposer has a Unified Business Identifier (UBI) number, Proposer’s UBI number is:

OR

☐ PROPOSER WILL RECEIVE AUTHORIZATION. As detailed on the attached explanation (Bidder to provide), Proposer has not currently completed all required filings and/or registrations to conduct business in the State of Washington and/or the state where Proposer is registered, if different from the State of Washington, but Proposer will complete all necessary filings and/or registrations within twenty-four (24) hours of designated as the/an Apparent Successful Bidder by EWU, and will provide proof of such to EWU. Failure to provide evidence of required registrations within said twenty-four hours will result in Proposer being deemed a nonresponsive bid.

OR

☐ PROPOSER IS NOT AUTHORIZED. Proposer has not completed all required filings and/or registrations required of Proposer to conduct business in the State of Washington, and the state where Proposer is registered, if different from the State of Washington. Note: EWU requires all awarded Proposers (including Washington firms and out of state firms) to be authorized to conduct business in the State of Washington, and their home state, if different from the State of Washington. Proposers who are not so authorized will not be awarded a Contract.

17. Proposer (circle one) is/is not submitting proposed Contract exceptions (See Section 2.10, Contract and General Terms & Conditions). If Contract exceptions are being submitted, Proposer has attached them to this form.

On behalf of the Proposer submitting this Proposal, my name below attests to the accuracy of the above statements. Proposer is submitting a scanned signature of this form with its Proposal.

Signature Date

Name

Title

EXHIBIT B

EWU SERVICE CONTRACT TEMPLATE

1. EXHIBIT C: SERVICES CONTRACT FORMAT

SERVICES CONTRACT

This Contract is made and entered into by and between Eastern Washington University (“EWU”), located at 526 5th St, Cheney, WA 99004 and the below named firm (“Contractor”).

Name:

Address:

City, State, Zip:

Email:

Phone:

Fax:

EWU and Contractor may be individually referred to as “Party” or collectively referred to as “Parties.”

PURPOSE

The purpose of this Contract is to (enter detailed description of the Contract purpose).

NOW THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated and made a part thereof, EWU and Contractor mutually agree as follows:

1. SCOPE OF WORK

A. Exhibit A, attached hereto and incorporated by reference, contains the General Terms and

Conditions governing work to be performed under this Contract, the nature of the working relationship between EWU and Contractor, and specific obligations of both Parties.

B. Contractor will provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below and as included in EWU’s Request for Proposals (RFP) #[INSERT NUMBER] (Exhibit B), Contractor’s Proposal dated [INSERT DATE] (Exhibit C), and in this Contract. The RFP and its attachments, as well as Contractor’s Proposal, are herein incorporated as terms of this Contract. Specifically, Contractor will:

i. Identify all tasks, work elements and objectives of the Contract, and timetables by which major parts of the work are to be completed.

C. Contractor shall produce the following written reports or other written documents (deliverables) by the dates indicated below:

i. Identify all written reports or other written documents (deliverables) of the Contract, and dates by which these reports or documents are to be completed.

All written reports required under this Contract must be delivered to the Contract Administrator in accordance with the schedule above.

2. PERIOD OF PERFORMANCE

A. The period of performance under this Contract will be from [INSERT START DATE] or date of execution, whichever is later, through [INSERT END DATE], unless sooner terminated or extended as provided herein.

B. EWU reserves the right at its sole option to extend the Contract for [INSERT NUMBER] additional [INSERT NUMBER]-year periods; not to exceed a total of [INSERT NUMBER] years ending [INSERT DATE].

3. COMPENSATION

A. Total compensation payable to Contractor for satisfactory performance of the work under this Contract shall not exceed $[INSERT AMOUNT]. Payment for satisfactory performance of the work shall not exceed this amount unless the Parties mutually agree to a higher amount prior to the commencement of any work that will cause the maximum payment to be exceeded.

B. Contractor's compensation for services rendered shall be based on the following rates or in accordance with the following terms:

i. List detail of compensation to be paid, e.g., hourly rates, number of hours per task, unit prices, cost per task, cost per deliverable, etc.

C. Contractor is required to collect and pay Washington State sales and use taxes, as applicable. Contractor is also required to pay all necessary taxes of any foreign country where they do business, as well as any necessary taxes, premiums, licenses, and permits necessary to do business in the United States and the State of Washington.

D. Contractor is responsible for all costs incurred in performing services under this Contract, including, but not limited to, certifications, training, telephone, internet, computer, and copying costs. Contractor will not be reimbursed or paid for any miscellaneous, routine overhead expenses incurred in the normal process of performing services under this Contract such as, but not limited to, telephone costs, mail, clerical supplies, computer, copying, fax, and transportation.

E. Reimbursable Expenses. If, at EWU’s written request, Contractor is required to travel to the EWU campus, EWU may reimburse Contractor for travel costs under this provision.

Travel within a 50-mile radius of EWU is not a reimbursable expense. Travel between a 50- and 350-mile radius may be negotiated as an additional service at not greater than the current state rate set by the Office of Financial Management, http://www.ofm.wa.gov/policy/10.htm. Any cost reimbursement for travel beyond the 350-mile radius requires written justification and prior approval from EWU. Per Diem rates shall be in accordance with current Washington State Office of Financial Management’s Guidelines. Contractor must follow EWU protocols and procedures for requesting travel reimbursement. The maximum amount to be paid to Contractor for authorized expenses shall not exceed $[INSERT AMOUNT], which amount is included in the Contract total above.

4. BILLING PROCEDURES AND PAYMENT

A. EWU will pay Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Contract Administrator not more often than monthly.

i. NOTE: Payment can also be based upon satisfactory acceptance of each deliverable, payment after completion of each major part of the Contract, payment at conclusion of the Contract, etc.

B. The invoices shall describe and document to EWU's satisfaction a description of the work performed, the progress of the project, and fees. The invoice shall include the Contract reference number C00XXXX.

C. Contractor shall provide a detailed itemization of expenses, including description, amounts and dates, and receipts for amounts of $50.00 or more when requesting reimbursement.

D. Payment shall be considered timely if made by EWU within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by Contractor.

E. EWU may, in its sole discretion, terminate the Contract or withhold payments claimed by Contractor for services rendered if Contractor fails to satisfactorily comply with any term or condition of this Contract.

F. No advance payment shall be made for the products and services furnished by Contractor under this Contract.

5. CONTRACT MANAGEMENT

A. EWU will appoint a single point of contact that will be the Contract Administrator for this

Contract and will provide Contract oversight. The Contract Administrator will be the http://www.ofm.wa.gov/policy/10.htm principal contact for Contractor for business activities under this Contract. EWU will notify Contractor, in writing, when there is a new Contract Administrator assigned to this Contract.

B. Contractor shall:

i. Competently and efficiently supervise and coordinate the implementation and completion of all Contract requirements specified herein.

ii. Identify Contractor’s Authorized Representative, who will be the principal point of contact for EWU concerning Contractor’s performance under this Contract.

iii. Immediately notify the Contract Administrator in writing of any change of the designated Authorized Representative assigned to this Contract.

iv. Be bound by all written communications given to or received from Contractor’s

Authorized Representative.

6. LEGAL NOTICES - Any notice or demand or other communication required or permitted to be given under this Contract or applicable law will be effective only if it is in writing and signed by the applicable Party, properly addressed, and either delivered in person, or by a recognized courier service, or deposited with the United States Postal Service as first-class mail, postage prepaid, certified mail, return receipt requested, via facsimile or by electronic mail, to the Parties at the addresses, email addresses, and fax numbers below.

CONTRACTOR EWU

Contact Name Contact Title Address City, State, Zip

Email:

Phone:

Fax:

[INSERT NAME]

Contracts Specialist 2 218 Tawanka Hall Cheney, WA 99004-2456

Email: contracts@ewu.edu Phone: (509) 359-2253 Fax: (509) 359-7984

Notices will be effective upon receipt. The notice address as provided herein may be changed by written notice given as provided above.

7. INSURANCE

A. General Requirements

i. Contractor shall, at its own expense, obtain and keep in force insurance as follows during the Period of Performance of this 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 this Contract’s termination.

ii. 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.

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

B. Specific Requirements

i. Commercial General Liability Insurance: Contractor shall at all times during the

Period of Performance of this 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 this Contract.

This insurance shall cover such claims as may be caused by any act, omission, or negligence of Contractor or its officers, agents, representatives, assigns, or servants.

mailto:contracts@ewu.edu

The insurance shall also cover bodily injury, including disease, illness and death, and property damage arising out of 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…