RFQQ_25-01_DSL Study Design Implementation.pdf

STATE OF WASHINGTON

DEPARTMENT OF NATURAL RESOURCES

OLYMPIA, WASHINGTON

SOLICITATION

REQUEST FOR QUALIFICATIONS AND QUOTATIONS (RFQQ): DNR 25-01

TITLE: Deep-Seated Landslide Mapping and Classification Study Design implementation

PROPOSAL DUE DATE: Augst 30, 2024– by 5:00 PM, Pacific Standard Time or Pacific

Daylight Time, Olympia, Washington, USA.

SOLICITATION COORDINATOR: Theryn Henkel

ESTIMATED TIME-PERIOD FOR CONTRACT: Through September 30, 2026

The Agency reserves the right to extend the contract for up to two (2) additional one-year periods at the sole discretion of the Agency.

DNR RFQQ: #25-01

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REQUEST FOR QUALIFICATIONS AND QUOTATIONS (RFQQ)

Form update date: 23.03.31

TABLE OF CONTENTS

1 INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

1.2 SCOPE

1.3 MINIMUM QUALIFICATIONS (PASS/FAIL)

1.4 PERIOD OF PERFORMANCE

1.5 ADDITIONAL PRODUCTS AND/OR SERVICES

1.6 SOLICITATION COORDINATOR

1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

2 GENERAL INFORMATION

2.1 CONTRACTING RESTRICTIONS

2.2 DEFINITIONS

2.3 PRE-PROPOSAL CONFERENCE

2.4 NOTIFICATION TO BIDDERS

2.5 COMPLAINT, DEBRIEF AND PROTEST PROCEDURES

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.7 REVISIONS TO THE SOLICITATION

2.8 SMALL AND DIVERSE BUSINESS PARTICIPATION

2.9 AMERICANS WITH DISABILITIES ACT (ADA)

2.10 ACCEPTANCE PERIOD

2.11 MOST FAVORABLE TERMS

2.12 CONTRACT AND GENERAL TERMS & CONDITIONS

2.13 COST TO PROPOSE

2.14 NO OBLIGATION TO CONTRACT

2.15 REJECTION OF BIDS, QUOTATIONS, and/or PROPOSALS

2.16 COMMITMENT OF FUNDS

2.17 DOING BUSINESS WITH THE STATE

2.18 INSURANCE COVERAGE

3 CONTENTS AND SUBMITTAL INSTRUCTIONS

3.1 ELECTRONIC SUBMISSION OF BIDS, QUOTATIONS, and/or PROPOSALS

3.2 BIDDER CHECKLIST

3.3 MANAGEMENT PROPOSAL (SCORED)

3.4 FUNDING

3.5 COST PROPOSAL (SCORED)

4 EVALUATION AND AWARD

4.1 RESPONSIVENESS (PASS/FAIL)

4.2 RESPONSIBLE BIDDER CRITERIA

4.3 BIDDER’S CERTIFICATIONS AND ASSURANCES FORM (PASS/FAIL)

4.4 WAGE LAW COMPLIANCE (PASS/FAIL)

4.5 PREFERENCE – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS (SCORED)

4.6 PREFERENCE – SMALL & VETERAN BUSINESSES (SCORED)

4.7 PREFRENCE – ENVIRONMENTAL CONSIDERATIONS (Not Applicable to this solicitation)

4.8 ORAL PRESENATIONS MAY BE REQUIRED (SCORED)

4.9 EVALUATION WEIGHTING AND SCORING

5. SOLICITATION EXHIBITS

Exhibit A – Bidder’s Certifications and Assurances Form

EXHIBIT B – Management Proposal Form

Exhibit C – Subcontractor Inclusion Plan

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Form update date: 23.03.31

SUBCONTRACTOR INCLUSION PLAN FOR BIDDERS WHO PLAN TO UTILIZE SUBCONTRACTORS TO

PERFORM THE CONTRACT, IF AWARDED

Exhibit D – Sample Services Contract and WA State Department of Natural Resources General Terms and

Conditions

Exhibit E – Overview Map of Lidar Change Detection Comparisons

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Form update date: 23.03.31

1 INTRODUCTION AND SCHEDULE OF ACTIVITIES

1.1 PURPOSE

The Washington State Department of Natural Resources, hereafter called “Agency/DNR”, is initiating this Solicitation to solicit proposals from firms interested in executing the implementation of the Cooperative Monitoring, Evaluation, and Research Committee (CMER) approved study design entitled “Deep-Seated Landslide Mapping and Classification Project”. The landslide mapping and classification project is the combination of two projects that are part of a larger, long-term Deep-Seated Landslide Research Strategy. The results from this study will be used to develop and execute future projects within the strategy.

Work to be performed and/or services delivered in the county(ies) of: Whatcom, Snohomish, and

King Counties.

1.2 SCOPE

The Deep-Seated Landslide Mapping and Classification Project Study Design lays out a framework and design guidance for a proof-of-concept pilot study utilizing remotely sensed data in an effort to characterize several thousand landslides within a regional study area.

Characterization will occur by combining landslide movement data from interferometric synthetic aperture radar (InSAR) and lidar change detection technologies that measure landslide velocities with other regional datasets (e.g., existing landslide inventories, geological mapping, topography, land use, hydroclimate). This combined effort will facilitate the classification of deep-seated landslides (DSLs) into common groupings and characterize site-level and regional drivers for landslide velocity changes. The purpose of this study is to develop a landslide classification scheme based on an improved understanding of landslide characteristics and activity levels. It is part of a larger deep-seated landslide research strategy to understand and anticipate landslide behavior and sensitivity to forest management.

The Deep-Seated Landslide Research Strategy, Landslide Mapping and Classification, Project

Scoping document identifies a range of critical variables such as geologic materials, climate regimes, and timescales, and different geographic locations which may lead to different sensitivities to modern natural and anthropogenic landslide triggers. In particular, the Adaptive

Management Program (AMP) is interested in the potential effects of hydrologic inputs from forestry activities on the different classes of DSLs, especially at sites where landslides have the potential to degrade fish habitat, water quality, or threaten public safety. Based on the complex and diverse context of Washington State and the specific focus of forest practices rules on DSLs, it is a priority to create an applicable, effective, and geologically sound DSL classification system.

https://dnr.wa.chariotcreative.com/files/documents/Study-Design-1720560950.pdf https://dnr.wa.chariotcreative.com/files/documents/Strategy-Document-1711555921.pdf https://dnr.wa.chariotcreative.com/files/documents/Study-Design-1720560950.pdf https://dnr.wa.chariotcreative.com/files/documents/Scoping-Document-1711555891.pdf

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Form update date: 23.03.31

The purpose of the project is to empirically classify and define DSLs within a geologically diverse regional study area which are inferred to represent a range of potential sensitivities to natural and forest practice triggers. The classification scheme will be based on critical variables with controlling influence over the occurrence and type of landslide failure. The landslide classes developed during this study will be used to target a subset of representative landslides for future focused efforts according to the DSL Strategy: those landslide classes that may be prone to an increase in slope movement activity due to timber harvest or forest road construction.

The outcomes of this study will specifically address the following research objectives.

1. Identify distinguishing characteristics within and between DSLs with similar geomorphic, topographic, stratigraphic, hydrologic, and climate settings.

2. Investigate why landslides with similar characteristics may exhibit differences in activity level.

Can activity levels of individual DSLs within and between clusters be linked to sensitivity to hydrologic changes or other causes?

3. Develop causal mechanism hypotheses for individual landslides evaluated in the field. These mechanisms might be evident through hydrogeologic characteristics visible in active landslides.

4. Determine the best remote sensing tools, field plan and other methods to classify DSLs in a manner that will improve our understanding of the relative potential for DSL reactivation or accelerated movement. What data are necessary to estimate the relative sensitivity of DSLs within a class?

5. Define classes of DSLs within and across clusters using a suite of physical attributes based on critical variables. These classes will also be used to support future phases of the research strategy (i.e., which DSLs are most representative or illustrative for future research and modeling efforts based on the results of the classification project). What are the critical independent (predictor) variables necessary to define DSL classes?

6. Evaluate if certain classes of landslides have a high or low potential for instability from forest practices and rank classes based on multiple sources of empirical evidence.

The objective of this RFQQ is to contract with an entity that can implement the attached study design. While developing a proposed budget for this RFQQ, it is important to factor in regular check-ins and discussions with the Project Team and Upslope Process Scientific Advisory Group

(UPSAG). Within the study design there are major decision points that rely on results from previous steps, and these decisions will be made in close consultation with the Project Team, UPSAG, and in some cases, outside experts. Major decision points are (but not limited to):

Landslide inventory integration (Study Design Section 4.2), Choosing the final study area from the options presented (Study Design Section 5.1), development of DSL class designations (Study

Design Section 5.3), assessment of landslide sensitivity and combined impacts (Study Design

Section 5.4) and field verification (Study Design Section 5.5). Therefore, the budget for this RFQQ should factor in substantial time for meetings (monthly), discussions, and presentations on progress and preliminary results that would inform these decision points.

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Another consideration when developing the budget is that DNR will provide LiDAR change detection data for portions of the study area for the years 2006, 2013, 2014, and 2017 (depending on spatial converge data set). See Exhibit E for a map of the coverage area for this data set. Due to the large sizes of the files, the data set can be made available during proposal development upon request. Otherwise, the Apparent Successful Bidder will be provided the data. The contractor will have to complete LiDAR change detection for study design areas and years not covered by the provided DNR data set.

Currently, field verification costs would be difficult to estimate because the location and extent of field work is unknown until implementation of earlier steps in the study design are completed

(Study Design Section 5.5). However, the task of developing a field plan, once there are sufficient results to provide guidance, is a part of this RFQQ.

1.3 MINIMUM QUALIFICATIONS (PASS/FAIL)

A. Bidders must be licensed to do business in the State of Washington, or provide a commitment that it will become licensed to do business in Washington State prior to goods delivered or services rendered (if applicable):

• All in-state bidders must be licensed in Washington State; for more information contact

Washington Department of Licensing.

• Out-of-state bidders should seek guidance from the Washington Department of

Licensing for specific requirements.

• All Bidders must be registered in Washington’s Electronic Business Solution System

(WEBS) prior to the Proposal Due date for this solicitation.

B. Bidder must also have:

1. Expertise in the dynamics of deep-seated landslides (cause, influence, properties, etc.).

2. Geospatial data analysis capabilities with LiDAR and InSAR data, and other relevant regional datasets

3. Experience with field-based landslide characterization.

4. Expertise necessary to complete the required analyses as outlined in the study design.

5. Produced professional reports, publications and presentations.

6. Proficiency in software required to complete the analyses.

7. Experience with the implementation and execution of research studies.

Bidders who do not meet the minimum qualifications and/or the required specifications and qualifications as outlined above, will be rejected as non-responsive and will not receive further consideration. Any bid, quotation, and/or proposal rejected as non-responsive will not be evaluated or scored.

https://www.dol.wa.gov/

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1.4 PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this solicitation is tentatively scheduled to begin on the date of execution of the contract and end on September 30, 2026. Amendments extending the period of performance, if any, shall be at the sole discretion of the Agency.

1.5 ADDITIONAL PRODUCTS AND/OR SERVICES

DNR reserves the right to order additional products and/or services within the scope of this solicitation. If additional products or services are required, they shall be documented in amendments to the applicable contract document(s). There is no guarantee to the Contractor additional products and/or services will be ordered.

1.6 SOLICITATION COORDINATOR

The Solicitation Coordinator is the sole point of contact in the Agency for this procurement. All communication with the Agency regarding this solicitation shall be with the Solicitation

Coordinator, as follows:

SOLICITATION COORDINATOR

NAME: Theryn Henkel

E-MAIL ADDRESS: Theryn.henkel@dnr.wa.gov

MAILING ADDRESS: 1111 Washington St SE

CITY, STATE, ZIP: Olympia, WA, 98504

PHONE NUMBER: 564-999-0546

Any other communication will be considered unofficial and non-binding on the DNR. Bidders are to rely on written statements issued by the Solicitation Coordinator. Communication directed to parties other than the Solicitation Coordinator may result in disqualification of the Bidder.

All oral and written communications with any party other than the Solicitation Coordinator will be considered unofficial and non-binding on DNR. Bidders should rely only on written amendments issued by the Solicitation Coordinator. Bidders are encouraged to make any inquiry as early in the process as possible to allow DNR to consider and respond; however, no response is required from the Solicitation Coordinator. If a Bidder does not notify DNR of an issue, exception, addition, or omission, DNR may consider the matter waived by the Bidder for protest purposes. If

Bidder inquiries result in changes to the solicitation, written amendments will be issued and posted on WEBS.

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1.7 SCHEDULE OF PROCUREMENT ACTIVITIES

SCHEDULE OF PROCUREMENT ACTIVITIES

ISSUE SOLICITATION

DATE SOLICITATION IS POSTED IN WEBS

7/15/2024

PRE-PROPOSAL CONFERENCE

DATE SCHEDULED FOR PRE-PROPOSAL CONFERENCE IF APPLICABLE

7/24/2024

QUESTIONS DUE FROM BIDDERS

DEADLINE FOR BIDDERS TO ASK QUESTIONS OF THE SOLICITATION COORDINATOR RELATED

TO THIS SOLICITATION

7/29/2024

ANSWERS DUE BY DNR

DATE THAT DNR WILL POST IN WEBS THE OFFICIAL ANSWERS TO QUESTIONS RECEIVED

FROM BIDDERS

8/2/2024

COMPLAINTS DUE

DEADLINE FOR SUBMITTING UNRESOLVED ISSUES ABOUT THE PROCESS

8/26/2024

PROPOSALS DUE

DEADLINE FOR DNR RECEIPT OF PROPOSALS

8/30/2024

EVALUATE PROPOSALS

PERIOD OF TIME WHEN PROPOSALS WILL BE EVALUATED BY DNR

9/2-9/12 2024

CONDUCT ORAL PRESENTATIONS WITH FINALISTS

DATE ORAL PRESENTATIONS WILL BE CONDUCTED – IF REQUIRED

9/17/2024

ANNOUNCE APPARENT SUCCESSFUL BIDDER

AWARD DATE

9/20/2024

HOLD DEBRIEFINGS

DATE DEBRIEFING CONFERENCES TO BE HELD – IF REQUESTED

9/26/2024

NEGOTIATE CONTRACT

DATE RANGE DNR EXPECTS CONTRACT NEGOTIATIONS TO BE CONDUCTED

9/20-10/20 2024

BEGIN CONTRACT WORK

DATE DNR EXPECTS THE WORK TO BEGIN

11/1/2024

THE AGENCY RESERVES THE RIGHT TO REVISE THE ABOVE SCHEDULE.

If the Solicitation results in only one (1) Bidder and that Bidder is found responsive and responsible, the Agency reserves the right to accelerate the procurement schedule above.

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2 GENERAL INFORMATION

2.1 CONTRACTING RESTRICTIONS

Specific restrictions apply to contracting with current or former state employees pursuant to

Chapter 42.52 of the Revised Code of Washington. Bidders should familiarize themselves with the requirements prior to submitting a bid, quotation, and/or proposal that includes current or former state employees.

2.2 DEFINITIONS

Definitions for the purposes of this solicitation include:

AGENCY – Any state office or activity of the executive and judicial branches of state government, including state agencies, departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of institutions.

AGENT – Personnel authorized to act on behalf of the Agency for matters contained within.

APPARENT SUCCESSFUL BIDDER – Bidder whose bid, quotation, and/or proposal provides the best value in meeting Agency needs and is selected to contract with DNR for the proposed solution, subject to completion of contract negations and execution of contract.

AWARD DATE – The announcement date of the Apparent Successful Bidder.

BID, QUOTATION, and/or PROPOSAL – A formal offer, submitted by an individual or entity, in response to a solicitation issued for goods and/or services by the Agency.

BIDDER – An individual or entity who submits a bid, quotation, and/or proposal in response to a solicitation issued for goods and/or services by the Agency.

BUSINESS DAYS – Monday through Friday, 8AM to 5PM, Pacific Standard Time, or, Pacific

Daylight Time, Olympia, Washington, USA.

CALENDAR DAY – Midnight to midnight, any day of the week.

CONTRACT – An agreement between DNR and a Contractor that includes terms and conditions, the solicitation, the bid, quotation, and/or proposal, all appendices, and exhibits, associated Scopes of Work (e.g. Services Contract or Purchase Order), and all amendments awarded pursuant to this solicitation.

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CONTRACTOR – An individual or entity whose bid, quotation, and/or proposal has been accepted and is awarded a contract with the Agency, and who is solely responsible to provide a good or perform a service.

DNR – Washington State Department of Natural Resources, an Agency of the State of

Washington, and any division, section, office, unit or other entity of, or any of the officers or other officials lawfully representing the department.

GOODS – Products, materials, supplies, or equipment provided by a Contractor.

PURCHASE – The acquisition of goods or services, including the leasing or renting of goods.

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

SOLICITATION – A documented formal process providing an equal and open opportunity to

Bidders and culminating in a selection based on predetermined criteria.

SUBCONTRACTOR – One not in the employment of the Contractor, who is performing all or part of the business activities related to this solicitation under a separate contract with the

Contractor. The terms “subcontractor” and “subcontractors” means subcontractor(s) in any solicitation tier.

VENDOR – Individual, firm, organization, company or other entity offering products and/or services.

WASHINGTON STATE CERTIFIED MINORITY-OWNED BUSINESS – limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises

(OMWBE) as a minority-owned business (MBE). See, RCW 39.19.120 and WAC 326-20.

WASHINGTON STATE CERTIFIED SMALL BUSINESS – An in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that certify location, size and

WEBS certification. See RCW 39.26.010

WASHINGTON STATE CERTIFIED VETERAN-OWNED BUSINESS – Limited to firms certified by the Washington State Department of Veterans Affairs (WDVA) as a Certified Veteran-

Owned Business. See, RCW 43.60A.010(7) & RCW 43.60A.190 https://apps.leg.wa.gov/rcw/default.aspx?Cite=39.26.010#:~:text=(22)%20%22Small%20business%22,Fifty%20or%20fewer%20employees%3B%20or https://app.leg.wa.gov/RCW/default.aspx?cite=43.60A.010 https://app.leg.wa.gov/RCW/default.aspx?cite=43.60A.190

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Form update date: 23.03.31

WASHINGTON STATE CERTIFIED WOMAN-OWNED BUSINESS – Limited to firms certified by the Washington State Office of Minority and Women’s Business Enterprises

(OMWBE) as a woman-owned business (WBE). See, RCW 39.19.120 and WAC 326-20

WEBS – Washington’s Electronic Business Solution System.

WORKING DAYS – Midnight to midnight, Monday through Friday, excluding Saturday, Sunday and state legal holidays.

2.3 PRE-PROPOSAL CONFERENCE

☐ A Pre-Proposal Conference is NOT required under this solicitation.

OR

☒ A pre-proposal conference is scheduled to be held on 7/24/2024 at 10 a.m, Pacific Standard

Time or Pacific Daylight Time virtually. This pre-proposal conference will take place on

Microsoft Teams. All prospective Bidders should attend; however, attendance is not mandatory.

Microsoft Teams meeting

Join on your computer, mobile app or room device

Click here to join the meeting

Meeting ID: 288 342 101 706

Passcode: VWuLyo

Dial in by phone

+1 564-999-2000,,368969608# United States, Olympia

(833) 322-1218,,368969608# United States (Toll-free)

Find a local number

Phone conference ID: 368 969 608#

The Agency will be bound only to the Agency’s written answers to questions. Questions arising at the pre-proposal conference or in subsequent communication with the Solicitation Coordinator will be documented and answered in written form. A copy of the questions and answers will be provided to all Bidders via posting to WEBS on the date indicated in Section 1.7 Schedule of

Procurement Activities.

2.4 NOTIFICATION TO BIDDERS

https://teams.microsoft.com/l/meetup-join/19%3ameeting_MTU4MWU4OGUtN2VmYi00NzQ3LThmZjQtYmRlNWJlZTViOTE4%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a-8ba0-57dcc127d72d%22%2c%22Oid%22%3a%2285b7a379-ce81-416b-8a9d-760015037cf2%22%7d tel:+15649992000,,368969608 tel:8333221218,,368969608 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fdialin.teams.microsoft.com%2F811a9140-4f87-4b3b-b4e5-c0df12d33f3f%3Fid%3D368969608&data=05%7C02%7CJeremy.Hiles%40dnr.wa.gov%7C4c094838402e43b4bf1d08dca4e8a41c%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638566566298675300%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=vnUPQh6v5vKtPUF6s5I8INkKKyU9qZWApXUndUcXNHc%3D&reserved=0

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The Agency will notify the Apparent Successful Bidder of their selection via WEBS upon completion of the evaluation process. Individuals or firms whose bids, quotations, and/or proposals were not selected for further negotiation or award will be notified via WEBS. To complete the process, the Apparent Successful Bidder will be identified in WEBS.

2.5 COMPLAINT, DEBRIEF AND PROTEST PROCEDURES

COMPLAINT PROCESS – PRIOR TO BID, QUOTATION, and/or PROPOSAL DUE DATE:

The purpose of a complaint process is to settle unresolved issues or concerns that either were not or could not be resolved during the question and answer period.

Any Bidder may submit a complaint regarding this solicitation based upon the following:

• The solicitation unnecessarily restricts competition;

• The evaluation/scoring process is unfair or flawed; or

• The requirements are inadequate or insufficient so that a bid, quotation, and/or proposal is difficult to prepare.

If no complaint is filed, a Bidder cannot later file a protest based on one of the above complaint criteria.

Any complaint to the solicitation must be in writing and submitted to the Solicitation Coordinator no less than five (5) business days prior to the date when the bid, quotation, and/or proposal is due, and shall clearly articulate the basis for the complaint and include a proposed remedy.

Responses to complaints will be articulated in writing, including any resulting changes to the solicitation, and will be posted on WEBS, and the Agency head will be notified.

The Agency’s decision is final; no further administrative appeal is available.

DEBRIEFING OF UNSUCCESSFUL BIDDERS:

Any Bidder who has submitted a bid, quotation, and/or proposal and been notified that they were not selected for contract award may request a debriefing. The request for a debriefing conference must be received by the Solicitation Coordinator within three (3) business days after the Unsuccessful

Bidder notification is email ed to the Bidder. The debriefing must be held within three (3) business days of the request.

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

• Evaluation and scoring of the Bidder’s bid, quotation, and/or proposal;

• Critique of the bid, quotation, and/or proposal based on the evaluation; and

• Review of Bidder’s final score in comparison with other final scores without identifying the other firms.

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Comparisons between bids, quotations, and/or proposals or evaluations of the other bids, quotations, and/or 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 (1) hour.

PROTEST PROCEDURE:

This procedure is available to Bidders who submitted a response to this solicitation and who have participated in a debriefing conference. Upon completing the debriefing conference, the Bidder is allowed five (5) business days to file a protest of the acquisition with the Solicitation Coordinator.

Protests must be submitted in writing via email and signed by the protesting party or an authorized agent.

The protest must state the grounds for the protest with specific and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included.

Bidders protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders under this procurement.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

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

• Errors in computing the score; and/or

• Non-compliance with procedures described in the solicitation document, or applicable state or federal laws or regulations.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) Agency’s assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, a protest review will be held by the Agency. All available facts will be considered and a decision will be issued by the Commissioner of Public Lands or his/her delegate within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Bidder who submitted a bid, quotation, and/or proposal, such Bidder will be given an opportunity to submit its views and any relevant information on the protest to the Solicitation Coordinator.

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The final determination of the protest shall:

• Find the protest lacking in merit and uphold the Agency’s action; or

• Find only technical or harmless errors in the Agency’s acquisition process conduct and determine the Agency to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide the Agency options which may include:

o Correct the errors and re-evaluate all bids, quotations, and/or proposals; and/or o Reissue the solicitation document; and/or o Make other findings and determine other courses of action as appropriate.

If the Agency determines that the protest is without merit, the Agency will continue the solicitation process with the Apparent Successful Bidder.

The Agency protest decision is final and no appeal process will be required. If a protesting Bidder does not accept the Agency protest response, the Bidder may try to seek relief from Thurston

County Superior Court.

2.6 PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Bids, quotations, and/or proposals submitted in response to this solicitation shall become the property of the Agency and shall be deemed public records as defined in Chapter 42.56 (Public

Records Act) of the Revised Code of Washington (RCW).

Per Chapter 39.26 (Procurement of Goods and Services), Section 030 (State procurement records

– Disclosure.) of the Revised Code of Washington (RCW), bid submissions and bid evaluations are exempt from disclosure until the agency announces the apparent successful bidder. The

Apparent Successful Bidder is the Bidder whose bid, quotation, and/or proposal provides the best value in meeting Agency needs and is selected to contract with DNR for the proposed solution, subject to completion of contract negotiations and execution of contract.

Any information in the bid, quotation, and/or proposal that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the

Bidder is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right-hand corner of the page. Marking the entire bid, quotation, and/or proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Bidder has marked as "Proprietary

Information," the Agency will notify the Bidder of the request and of the date that the records will be released to the requester unless the Bidder obtains a court order enjoining that disclosure. If the

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Bidder fails to obtain the court order enjoining disclosure, the Agency will release the requested information on the date specified. If a Bidder obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, the Agency shall maintain the confidentiality of the Bidder information per the court order.

Pursuant to RCW 42.56.120, DNR uses the default fee schedule. However, records may be viewed in person for no fee. All requests for copies of identifiable records should be directed to the public disclosure office: publicdisclosure@dnr.wa.gov and the Solicitation Coordinator listed in the solicitation, posted in WEBS (wa.gov).

2.7 REVISIONS TO THE SOLICITATION

The Agency reserves the right to cancel or reissue all or part of this solicitation at any time as allowed by law without obligations or liability.

In the event that it becomes necessary to revise any part of this solicitation, an amendment will be posted in WEBS (Washington’s Electronic Business Solutions). Questions and Answers and any other pertinent information shall be provided as an amendment to the solicitation and will be posted in WEBS.

2.8 SMALL AND DIVERSE BUSINESS PARTICIPATION

DNR strongly encourages the participation of minority and women-owned businesses, Veteran owned businesses and small businesses, as prime contractors or subcontractors.

If a small business needs assistance responding to this solicitation, help is available. Please visit

OMWBE Small Business Assistance at https://omwbe.wa.gov/small-business-assistance to see the services offered. The Washington Procurement Technical Assistance Center (PTAC) is also available with no cost, confidential technical assistance for small businesses doing business with state government.

Minority and Women-Owned Businesses

In accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the

State encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE). Participation may be either on a direct basis in response to this solicitation or on a subcontractor basis. Bidders may go to https://omwbe.wa.gov/directory-certified-businesses to obtain information on certified firms.

No preference will be included in the evaluation of bids for the participation of minority and women-owned businesses. See section 4.6 Preference – Small & Veteran Businesses for information on preference points for small and veteran owned businesses.

mailto:publicdisclosure@dnr.wa.gov https://pr-webs-customer.des.wa.gov/ https://omwbe.wa.gov/small-business-assistance https://washingtonptac.org/ https://omwbe.wa.gov/directory-certified-businesses

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2.9 AMERICANS WITH DISABILITIES ACT (ADA)

The Agency complies with the Americans with Disabilities Act (ADA). Bidders may contact the

Solicitation Coordinator listed above for additional assistance.

2.10 ACCEPTANCE PERIOD

Bids, quotations, and/or proposals must provide ninety (90) calendar days for acceptance by

Agency from the due date for receipt of bids, quotations, and/or proposals.

2.11 MOST FAVORABLE TERMS

The Agency reserves the right to make an award without further discussion of the bid, quotation, and/or proposal submitted. Therefore, the bid, quotation, and/or proposal should be submitted initially on the most favorable terms that the Bidder can propose. There will be no best and final offer procedure. The Agency does reserve the right to contact a Bidder for clarification of its bid, quotation, and/or proposal.

The Apparent Successful Bidder should be prepared to accept this solicitation for incorporation into a contract resulting from this solicitation.

2.12 CONTRACT AND GENERAL TERMS & CONDITIONS

The awarded Apparent Successful Bidder is entering into the Washington state Department of

Natural Resources generic Services Contract including but not limited to the terms and conditions outlined within the solicitation, bid, quotation, and/or proposal, all appendices, all exhibits, associated Scopes of Work, Purchase Orders, and all amendments awarded.

Agency contractors hereby have access to Sample Services Contract and WA State Department of

Natural Resources General Terms and Conditions https://www.dnr.wa.gov/publications/em_obe_contracting_template.pdf

All exceptions to the contract terms and conditions must be submitted as an attachment to

EXHIBIT A – Bidder’s Certifications and Assurances Form.

The Agency will review requested exceptions and accept or reject the same at its sole discretion.

2.13 COST TO PROPOSE

The Agency will not be liable for any costs incurred by the Bidder in preparation of a bid, quotation, and/or proposal submitted in response to this solicitation, in conduct of a presentation, WA State Department of Natural Resources Page 17 of 51 or any other activities related to responding to this solicitation.

2.14 NO OBLIGATION TO CONTRACT

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

2.15 REJECTION OF BIDS, QUOTATIONS, and/or PROPOSALS

The Agency reserves the right at its sole discretion to reject all bids, quotations, and/or proposals received without penalty and not to issue a contract as a result of this solicitation.

2.16 COMMITMENT OF FUNDS

The Commissioner of Public Lands or his/her delegate is the only individual who may legally commit the Agency to the expenditures of funds for a contract resulting from this solicitation. No cost chargeable to the proposed contract may be incurred before notice and acceptance of award.

2.17 DOING BUSINESS WITH THE STATE

The Agency requires all awarded Bidders to be registered with the Washington Office of Financial

Management (OFM). Addition information can be found on The Department of Enterprise

Services Website https://des.wa.gov/sell/how-work-state

2.18 INSURANCE COVERAGE

Before using any of said rights granted herein and its own expense, the Contractor shall purchase and maintain, or require its agent(s)/subcontractor(s) to purchase and maintain, the insurance described within Sample Services Contract and WA State Department of Natural Resources

General Terms and Conditions for the entire duration of this Agreement. Failure to purchase and maintain the required insurance may result in the termination of the Agreement at DNR’s option.

All insurance provided in compliance with this Agreement shall be primary as to any other insurance or self-insurance programs afforded to, or maintained by, the State of Washington, Department of

Natural Resources.

Upon notification of being chosen as the Apparent Successful Bidder, the Contractor shall provide

DNR with certificates of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified before using any of said rights granted herein. The description section of the certificate shall contain the contract number and the https://des.wa.gov/sell/how-work-state

WA State Department of Natural Resources Page 18 of 51

Form update date: 23.03.31 name of the DNR Project Manager. Contractor shall also provide renewal certificates as appropriate during the term of this Agreement.

Contractor shall include all subcontractors and agents as insured under all required insurance policies or shall provide separate certificates of insurance for each subcontractor or agent. Failure of Contractor to have its subcontractors and agents comply with the insurance requirements contained herein does not limit Contractor’s liability or responsibility.

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3 CONTENTS AND SUBMITTAL INSTRUCTIONS

By responding to the solicitation, Bidders affirm that they have read and understand all information contained within this entire bid package, including all exhibits.

3.1 ELECTRONIC SUBMISSION OF BIDS, QUOTATIONS, and/or PROPOSALS

The bid, quotation, and/or proposal must be received by the Solicitation Coordinator by the due date indicated within Section 1.7 Schedule of Procurement Activities of this solicitation, or any amendments.

Bids, quotations, and/or proposals must be submitted electronically as an attachment to email to the Solicitation Coordinator, at the email address listed in Section 1.6 Solicitation Coordinator.

The submitted bid, quotation, and/or proposal shall follow the below naming convention:

25-01_RFQQ_Bidder Name_Proposal

Attachments to email shall be in Microsoft Word format or PDF. Maximum file size for an email attachment is 30MB. Zipped files cannot be received by the Agency and cannot be used for submission of bids, quotations, and/or proposals.

All forms and documents submitted must have a signature of the individual within the organization authorized to bind the Bidder to the offer. The Agency does not assume responsibility for problems with Bidder’s email. If the Agency’s email is not working, appropriate allowances will be made.

Bidders should allow sufficient time to ensure timely receipt of the bid, quotation, and/or proposal by the Solicitation Coordinator. Late bids, quotations, and/or proposals will not be accepted and will be automatically disqualified from further consideration, unless the Agency’s email is found to be at fault. All bids, quotations, and/or proposals and any accompanying documentation become the property of the Agency and will not be returned.

3.2 BIDDER CHECKLIST

Submit the following applicable documents to the Solicitation Coordinator by the due date indicated within the Section 1.7 Schedule of Procurement Activities of this solicitation, or any amendments to the schedule. Failure to comply may result in rejection of the bid, quotation, and/or proposal as non-responsive. The Agency reserves the right at its sole discretion to waive minor administrative irregularities.

BIDDER CHECKLIST

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3.3 MANAGEMENT PROPOSAL (SCORED)

Exhibit B – Management Proposal Form, must be completed and returned to the Solicitation

Coordinator in order for DNR to evaluate the Bidders proposal.

3.4 FUNDING

Purchase of goods and/or services resulting from this Solicitation are funded by State dollars.

Terms and conditions for funding source are included in Sample Services Contract and WA State

Department of Natural Resources General Terms and Conditions.

Any contract awarded as a result of this solicitation is contingent upon the availability of funding.

3.5 COST PROPOSAL (SCORED)

The Bidder shall attach a fully detailed cost proposal in order to be considered responsive to this solicitation.

The cost proposal shall include costs for goods delivered or services rendered as requested within.

Identify cost for each task as outlined – including staff costs, anticipated hours, administrative costs, and any other expenses necessary to execute the Study Design.

IDENTIFICATION OF COSTS (SCORED)

All costs shall be in U.S. dollars including expenses to be charged to accomplish the tasks and to produce the deliverables under this solicitation. Bidders are required to collect and pay Washington state sales and use taxes, as applicable.

Costs for subcontractors are to be broken out separately.

COMPUTATION OF COSTS

EXHIBIT A – BIDDER’S CERTIFICATIONS AND ASSURANCES FORM

EXHIBIT A – ITEM 8 – EXCEPTIONS TO TERMS AND CONDITIONS

EXHIBIT B – MANAGEMENT PROPOSAL FORM

EXHIBIT C – SUBCONTRACTOR INCLUSION PLAN (IF APPLICABLE)

SECTION 3.5 – COST PROPOSAL

STAFF MEMBER AND/OR SUBCONTRACTOR RESUMES

WA State Department of Natural Resources Page 21 of 51

Form update date: 23.03.31

The score for the cost proposal will be computed by dividing the lowest cost bid, quotation, and/or proposal received by the Bidders total cost. Then the resultant number will be multiplied by the maximum possible points for the cost section.

PROMPT PAYMENT

Bidders are encouraged to offer a discount for prompt payment of invoices. Please indicate your discount proposal on the submitted cost proposal as outlined in Section 3.5. If awarded by the state, period of entitlement begins only after:

• Receipt of a properly completed invoice.

• Receipt of all supplies, equipment or services ordered.

• Satisfactory completion of all contractual requirements.

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4 EVALUATION AND AWARD

The evaluation process is designed to award this procurement not necessarily to the Bidder of least cost, but rather to the Bidder whose bid, quotation, and/or proposal best meets the requirements of this solicitation. However, Bidders are encouraged to submit bids, quotations, and/or proposals that are consistent with state government efforts to conserve state resources.

The Agency will award the contract to the highest-ranked responsive and responsible Bidder that meets the specifications as determined by the Agency. The Agency will post awarded bids and bid award documents for each competitive procurement for public review.

The Agency may reject the bid, quotation, and/or proposal of any firm who has failed to perform satisfactorily on a previous contract with the state.

Responsive bids, quotations, and/or proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any amendments issued. The evaluation of bids, quotations, and/or proposals shall be accomplished by an evaluation team, to be designated by the

Agency, which will determine the ranking of the bids, quotations, and/or proposals.

The Agency reserves the right to select and enter into contract(s) with the Bidder whose bid, quotation, and/or proposal is deemed to be in the best interest of the Agency and the State of

Washington.

If this procurement is estimated to be less than $150,000, the Agency intends to award the contract to the highest-ranked responsive and responsible Bidder who is a small business, (as defined in

RCW 39.26.010(22)(a), or veteran-owned business, (as defined in RCW 43.60A.190). The Agency will verify small and veteran owned business status through WEBS certification and if applicable

Bidder must provide certification documentation to the Washington Department of Veterans’

Affairs WDVA and be certified by WDVA and listed as such on WDVA’s website.

It is the intent of the Agency to enter into a Service Contract for product/service.

4.1 RESPONSIVENESS (PASS/FAIL)

All bids, quotations, and/or proposals will be reviewed by the Solicitation Coordinator to determine compliance with administrative requirements and instructions specified in this solicitation. The Bidder is specifically notified that failure to comply with any part of the solicitation may result in rejection of the bid, quotation, and/or proposal as non-responsive.

The Agency reserves the right at its sole discretion to waive minor administrative irregularities.

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4.2 RESPONSIBLE BIDDER CRITERIA

All requested information as outlined within must be submitted in order for DNR to determine the lowest responsive and responsible Bidder.

In determining whether the Bidder is a responsible Bidder, the Agency must consider the following elements (RCW 39.26.160(2)):

a. The ability, capacity, and skill of the Bidder to perform the contract or provide the service required;

b. The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;

c. Whether the Bidder can perform the contract within the time specified;

d. The quality of performance of previous contracts or services;

e. The previous and existing compliance by the Bidder with laws relating to the contract or services;

f. Whether, within the three-year period immediately preceding the date of the bid solicitation, the Bidder has been determined by a final and binding citation and notice of assessment issued by the 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 chapter 49.46, 49.48, or 49.52 RCW; and

g. Such other information as may be secured having a bearing on the decision to award the contract.

In determining the highest-ranked responsive and responsible Bidder, an Agency may consider best value criteria, including but not limited to (RCW 39.26.160(3)):

a. Whether the bid, quotation, and/or proposal satisfies the needs of the state as specified in the solicitation documents;

b. Whether the bid, quotation, and/or proposal encourages diverse Contractor participation;

c. Whether the bid, quotation, and/or proposal provides competitive pricing, economies, and efficiencies;

d. Whether the bid, quotation, and/or proposal considers human health and environmental impacts;

e. Whether the bid, quotation, and/or proposal appropriately weighs cost and noncost considerations; and

f. Life-cycle cost.

The Agency’s determination that a Bidder is not qualified may result in rejection of the submitted bid, quotation, and/or proposal.

4.3 BIDDER’S CERTIFICATIONS AND ASSURANCES FORM (PASS/FAIL)

https://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160 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=49.52 https://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160

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Form update date: 23.03.31

All Bidders must submit Exhibit A – Bidder’s Certifications and Assurances Form, signed by an individual authorized to bind the Bidder contractually. DNR will evaluate the information and may, at its sole discretion, reject the Bidder’s Response if the information indicates that completion of a contract resulting from this RFQQ may be jeopardized by selection of the

Bidder.

4.4 WAGE LAW COMPLIANCE (PASS/FAIL)

Prior to awarding a contract, agencies are required to determine that a Bidder is a “Responsible

Bidder.” See RCW 39.26.160(2)(f) and (4). Pursuant to legislative enactment in 2017, the

Responsible Bidder Criteria include a Contractor Certification that the Contractor has not willfully violated Washington's wage laws. See Chap. 258, 2017 Laws (enacting SSB5301). All Bidders must submit Exhibit A – Bidder’s Certifications and Assurances Form, signed by an individual authorized to bind the Bidder contractually.

4.5 PREFERENCE – EXECUTIVE ORDER 18-03 WORKER’S RIGHTS (SCORED)

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), A. A preference of 5 percent will be given to any Bidder who certifies, pursuant to the certification attached as Exhibit A – Bidder’s Certification and Assurances Form that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waiver.

4.6 PREFERENCE – SMALL & VETERAN BUSINESSES (SCORED)

Department of Natural Resources, in accordance with Washington State law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded Bidders. See, e.g., RCW 43.60A.200 (WDVA Certified Veteran-

Owned Businesses); and RCW 39.26.005 (Washington Small Businesses).

Washington State Certified Veteran-Owned Businesses

In accordance with Chapter 43.60A.200 RCW, the State encourages participation in all of its contracts by firms certified by the Washington State Department of Veterans’ Affairs (DVA).

For questions regarding the above go to http://www.dva.wa.gov/.

A. A preference of 10 percent will be given to any Bidder who provides evidence as set forth in Exhibit A – Certifications and Assurances Form that the that Bidder qualifies as a

Washington Department of Veterans’ Affairs Certified Veteran-Owned Business. Note:

This preference does not apply if federal funds are being used. See section 3.4.

Washington State Certified Small Businesses http://apps.leg.wa.gov/Rcw/default.aspx?cite=39.26 http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Senate/5301-S.SL.pdf…