RFQQ_GMS Prog Support Research.docx

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR QUALIFICATIONS AND QUOTES (RFQQ)

RFQQ NO. 25-63110-001

NOTE: Please read this entire document before submitting a response. Responses that do not meet one or more requirement stated herein may be disqualified and not scored.

PROJECT TITLE: Growth Management Act (GMA) Research Support

RESPONSE DUE DATE: November 14, 2024

EXPECTED TIME PERIOD FOR CONTRACT: November 30, 2024 – June 30, 2025

CONTRACTOR ELIGIBILITY: This procurement is open to those entities which satisfy the minimum qualifications stated herein and are available for work in Washington.

FUNDING SOURCE AND METHOD: This is Washington state funding. Payments will be made on a reimbursement basis for deliverables accepted and/or allowable time and expenses.

CONTENTS OF THE REQUEST FOR QUALIFICATIONS AND QUOTATIONS:

1. Introduction

2. General Information for Contractors

3. Response Contents

4. Evaluation and Award

5. Exhibits

Table of Contents

RFQQ Exhibits:

INTRODUCTION

PURPOSE AND BACKGROUND

The Washington State Department of Commerce hereafter called "COMMERCE,” is initiating this Request for Qualifications and Quotes (RFQQ) to solicit proposals from those interested performing research and technical assistance support work under the Growth Management Act (GMA).

Purpose:

COMMERCE intends to contract for “on-call” research support for small research and technical assistance projects, as needed, to support implementation of the GMA. These project may be defined and further developed in consultation with COMMERCE and its stakeholders.

Work is to be performed and/or services delivered in Washington state and can be conducted remotely via conference call and/or via a virtual meeting platform (i.e., Microsoft Teams, Zoom, etc.), or face-to-face meetings in the relevant jurisdiction.

Background:

The GMA requires that certain counties, and the cities within those counties, engage in planning for future population growth. The comprehensive plan is the central part of this planning process. The Legislature has established 15 goals to act as the basis of the comprehensive plan. Examples of goals include reducing sprawl, providing for affordable housing, and protecting property rights. The comprehensive plan must address these goals and set out the policies and standards that are meant to guide the city or county's actions and decisions in the future.

Comprehensive plans must contain certain elements, such as a land use element, a housing element, and a capital facilities element. These elements must satisfy the requirements applicable to each individual element while fitting within the overall comprehensive plan. The comprehensive plan is then implemented through development regulations, or local laws, that detail how land can be subdivided and built on.

COMMERCE may award one or more contract as a result of this RFQQ.

OBJECTIVES

COMMERCE intends to retain and on-call research project contractor.

COMMERCE, in collaboration with the contractor and state and local stakeholders, will develop a list of projects, as needed.

COMMERCE and the Contractor will develop the scope of work and budget of individual projects for COMMERCE approval via work order.

MINIMUM QUALIFICATIONS

Minimum qualifications include:

· Licensed to do business in Washington or submit a statement of commitment that it will become licensed in Washington within thirty (30) calendar days of being selected as the Apparently Successful Contractor.

· A public or private nonprofit organization with a mission of providing technical assistance to local governments.

· Ten (10) years of experience with research, projects, and work within land use planning in Washington state, including implementation of the Growth Management Act (Chapter 37.70A RCW), Local Project Review Act (Chapter 36.70B RCW), and state and local government land use planning.

Respondents who do not clearly meet or exceed these minimum qualifications will be rejected as non-responsive and will not receive further consideration. Any Response that is rejected as non-responsive will not be evaluated or scored.

Preferred Knowledge, Skills and Abilities:

· Excellent understanding and working knowledge of the Growth Management Act and comprehensive planning demonstrated through examples of previous work.

· Substantial experience providing assistance to local governments in Washington.

· Substantial experience with planning law and practice in Washington.

· History of working with complex issues affecting a diverse set of interested parties demonstrated through resumes or references.

FUNDING

Total funding available for the project is up to $200,000 per year. COMMERCE assumes an on-call research professional will be retained under contract, at 1,000 hours, with a billable rate of $200 per hour. Proposals quoting a cost above this amount will be disqualified in the administrative review and will not be scored.

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

MANDATORY AWARD TO SMALL OR VETERAN-OWNED BUSINESS

This section is removed.

PERIOD OF PERFORMANCE

The period of performance of any contract(s) resulting from this RFQQ is tentatively scheduled to begin on or about November 30, 2024 and to end on June 30, 2025. COMMERCE reserves the option at its sole discretion to extend the contract for two additional one-year periods.

CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. Respondents should familiarize themselves with the requirements prior to submitting a proposal that includes current or former state employees.

DEFINITIONS

Definitions for the purposes of this RFQQ include:

Apparently Successful Bidder/Contractor/Vendor/Grantee/Awardee: The Contractor(s) selected to enter into negotiations leading to a fully executed contract for the work described in this procurement document.

COMMERCE: The Department of Commerce is the agency of the state of Washington that is issuing this RFQQ.

Contract: A written, legally binding agreement to perform the services proposed, also called a Grant, Agreement, or Interagency Agreement.

Contractor or Grantee: Individual or organization whose Response has been accepted by COMMERCE and is awarded a fully executed, written contract.

Exhibit: Document attached to this RFQQ, also referred to as Attachment.

Request for Qualifications and Quotations (RFQQ): Formal procurement document in which needed services are identified and entities are invited to submit their qualifications and cost quote in writing to provide those services; this document.

Respondent or Proposer: Individual, company, organization, or firm submitting a Response in order to attain a contract with COMMERCE.

Response or Proposal: A complete, formal offer submitted in response to this RFQQ.

Small business: An in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that: (a) Certifies, under penalty of perjury, that it is owned and operated independently from all other businesses and has either: (i) Fifty or fewer employees; or (ii) A gross revenue of less than seven million dollars annually as reported on its federal income tax return or its return filed with the Department of Revenue over the previous three consecutive years; or (b) Is certified with the Office of Minority and Women Business Enterprises under chapter 39.19 RCW.

Veteran-owned business: A business certified by the Washington Department of Veteran Affairs.

ADA

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

GENERAL INFORMATION FOR CONTRACTORS

RFQQ COORDINATOR

The RFQQ Coordinator is the sole point of contact in COMMERCE for this RFQQ. All communication between Respondents and COMMERCE upon release of this RFQQ shall be with the RFQQ Coordinator, as follows:

Any other communication will be considered unofficial and non-binding on COMMERCE. Respondents are to rely on written statements issued by the RFQQ Coordinator. Communication directed to parties other than the RFQQ Coordinator may result in disqualification.

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

COMMERCE reserves the right to revise the above schedule.

RESPONDENTS’ CONFERENCE

A conference will be held on October 24, 2024 at 11a.m. -12 p.m., Pacific time. The conference will be virtual only. The registration link to the ZOOM meeting is provided below:

https://wastatecommerce.zoom.us/meeting/register/tZIvdO-oqj8rGtypCrxCDeqmkoO8GD2vY9Wp

All prospective Proposers are encouraged attend; however, attendance is not mandatory.

COMMERCE will be bound only to COMMERCE written answers to questions. Questions arising at the Respondents’ conference will be documented and answered in written form. A copy of the questions and answers will be sent to each prospective Contractor made the RFQQ Coordinator aware of its interest in this RFQQ.

QUESTION AND ANSWER PERIOD

COMMERCE will accept questions about this RFQQ sent to the RFQQ Coordinator at the email address listed in Section 2.1 during this period. Questions should not identify the submitting person or organization. COMMERCE will answer all questions in a Q&A document posted no later than the date identified in Section 2.2.

SUBMISSION OF RESPONSES

ELECTRONIC RESPONSES:

The Response must be received by the RFQQ Coordinator no later than 4:00 p.m., Pacific Time, on November 14, 2024.

Responses must be submitted electronically as an attachment to an e-mail to the RFQQ Coordinator, at the e-mail address listed in Section 2.1. Attachments to e-mail shall be in Microsoft Word format or PDF. Responses should be sent in one email, however if more than one email is needed all must be received by the due date and time. Exceptions will not be made for partial submissions. Zipped files cannot be received by COMMERCE and cannot be used for submission of Responses. 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 Respondent to the offer. COMMERCE does not assume responsibility for problems with Respondent’s e-mail. If COMMERCE email is not working, appropriate allowances will be made.

Responses may not be transmitted using facsimile transmission.

Respondents should allow sufficient time to ensure timely receipt of the Response by the RFQQ Coordinator. Late Responses will not be accepted and will be automatically disqualified from further consideration, unless COMMERCE e-mail is found to be at fault. All Responses and any accompanying documentation become the property of COMMERCE and will not be returned. Any information received as a result of this RFQQ may be collected and considered for continuous improvement purposes.

PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Responses submitted in response to this competitive procurement shall become the property of COMMERCE. All Responses received shall remain confidential until the Apparent Successful Bidder is announced; thereafter, the Responses shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (RCW).

Any information in the Response that the Respondent 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 Respondent 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 Response exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Respondent has marked as "Proprietary Information" COMMERCE will notify the Respondent of the request and of the date that the records will be released to the requester unless the Respondent obtains a court order enjoining that disclosure. If the Respondent fails to obtain the court order enjoining disclosure, COMMERCE will release the requested information on the date specified. If a Respondent 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, COMMERCE shall maintain the confidentiality of the Respondent's information per the court order.

A charge will be made for copying and shipping, as outlined in RCW 42.56. No fee shall be charged for inspection of contract files, but twenty-four (24) hours’ notice to the RFQQ Coordinator is required. All requests for information should be directed to the RFQQ Coordinator.

REVISIONS TO THE RFQQ

In the event it becomes necessary to revise any part of this RFQQ, addenda will be provided via e-mail to all individuals who have made the RFQQ Coordinator aware of their interest. Addenda will also be published on Washington’s Electronic Business Solution (WEBS). The website can be located at https://fortress.wa.gov/ga/webs/. Such addenda will also be published anywhere the RFQQ is posted, including on COMMERCE’S public webpage, located at http://www.commerce.wa.gov/serving-communities/current-opportunities/.

You may also send your name and e-mail address to the RFQQ Coordinator to request to receive any RFQQ addenda.

COMMERCE also reserves the right to cancel or to reissue the RFQQ in whole or in part, prior to execution of a contract.

DIVERSE BUSINESS INCLUSION PLAN

Respondents are required to submit a Diverse Business Inclusion Plan with their Response as a communication tool to inform COMMERCE of your plans to subcontract with diverse businesses. In accordance with legislative findings and policies set forth in RCW 39.19, the state of Washington encourages participation in all contracts by firms certified by the office of Minority and Women’s Business Enterprises (OMWBE), set forth in RCW 43.60A.200 for firms certified by the Washington State Department of Veterans Affairs, and set forth in RCW 39.26.005 for firms that are Washington Small Businesses. No minimum level of minority- and women-owned business enterprises, Washington Small Business, or Washington State certified Veteran Business participation is required as a condition for receiving an award. Any affirmative action requirements set forth in any federal rules included or referenced in the contract documents will apply.

COMMERCE has the following agency goals:

10% participation by Minority Owned Business 6% participation by Women Owned Business 5% participation by Veteran Owned Business 5% participation by Small Businesses

ACCEPTANCE PERIOD

Responses must provide 60 days for acceptance by COMMERCE from the due date for receipt of Responses.

COMPLAINT PROCESS

Complaints may be submitted to COMMERCE based on any of following:

a) The solicitation unnecessarily restricts competition;

b) The solicitation evaluation or scoring process is unfair; or

c) The solicitation requirements are inadequate or insufficient to prepare a Response.

A complaint may be submitted to COMMERCE at any time prior to 5 days before the bid response deadline. The complaint must meet the following requirements:

a) The complaint must be in writing;

b) The complaint must be sent to the RFQQ coordinator in a timely manner;

c) The complaint should clearly articulate the basis for the complaint; and

d) The complaint should include a proposed remedy.

The RFQQ coordinator will respond to the complaint in writing. The response to the complaint and any changes to the solicitation will be posted on WEBS. The Director of COMMERCE will be notified of all complaints and will be provided a copy of COMMERCE’S response. The complaint may not be raised again during the protest period. COMMERCE’S action or inaction in response to the complaint will be final. There is no appeal process.

RESPONSIVENESS

All Responses will be reviewed by the RFQQ Coordinator to determine compliance with administrative requirements and instructions specified in this RFQQ. Failure to comply with any part of the RFQQ may result in rejection of the Response as non-responsive.

Disqualified Proposers will be notified after the announcement of the Apparently Successful Contractor(s).

Disqualified Proposers will be informed of the reason for disqualification; this shall constitute a debriefing conference for the purposes of Section 4.7, Protest Procedure.

COMMERCE reserves the right, at its sole discretion, to waive minor administrative irregularities.

MOST FAVORABLE TERMS

COMMERCE reserves the right to make an award without further discussion of the Response submitted. Therefore, the Response should be submitted initially on the most favorable terms possible. COMMERCE reserves the right to contact Respondents for clarification of its Response.

The 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 Response. The Response will become a part of the official procurement file on this matter without obligation to COMMERCE.

CONTRACT AND GENERAL TERMS & CONDITIONS

The Apparent Successful Contractor will be expected to enter into a contract which is substantially the same as the example contract and its general terms and conditions attached as Exhibit E. In no event is a Respondent to submit its own standard contract terms and conditions in response to this solicitation. The Respondent may submit proposed edits as allowed in the Certifications and Assurances section, Exhibit A to this RFQQ. COMMERCE will review requested edits and accept or reject the same at its sole discretion.

COSTS TO PROPOSE

COMMERCE will not be liable for any costs incurred in preparation of a Response submitted in response to this RFQQ, in conduct of a presentation, or any other activities related to responding to this RFQQ.

NO OBLIGATION TO CONTRACT

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

REJECTION OF RESPONSES

COMMERCE reserves the right at its sole discretion to reject any and all Responses received without penalty and not to issue a contract as a result of this RFQQ.

COMMITMENT OF FUNDS

The Director of COMMERCE or the Director’s delegate are the only individuals who may legally commit COMMERCE 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.

ELECTRONIC PAYMENT

The state of Washington prefers to utilize electronic payment in its transactions. The successful Contractor must have or obtain a Statewide Vendor Number (SWV) from the Office of Financial Management (OFM) to be paid by COMMERCE. For more information visit OFM at www.ofm.wa.gov.

INSURANCE COVERAGE

The Contractor is to furnish COMMERCE with a certificate of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below if requested.

The Contractor shall, at Contractor’s own expense, obtain and keep in force insurance coverage, which shall be maintained in full force and effect during the term of the contract. The Contractor shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and, if requested, a copy shall be forwarded to COMMERCE within fifteen (15) days of the contract effective date. Standard insurance requirements are included within the example contract and its special terms and conditions attached as Exhibit E.

RESPONSE CONTENTS

ELECTRONIC RESPONSES:

Responses must be written in English and submitted electronically to the RFQQ Coordinator in the order noted below:

1. Certifications and Assurances (Exhibit A to this RFQQ- signed)

2. Letter of Submittal (signed)

3. Qualifications

4. Quotation

5. Diverse Business Inclusion Plan (Exhibit B to this RFQQ- signed)

6. Workers’ Rights Certification (Exhibit C to this RFQQ- signed)

7. Small or Veteran-Owned Business Certification (Exhibit D to this RFQQ- signed)

Responses 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 Response, but should also assist the Contractor in preparing a thorough response.

All items marked “mandatory” must be included as part of the Response for the Response 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.

CERTIFICATIONS AND ASSURANCES (MANDATORY)

The Certifications and Assurances form (Exhibit A to this RFQQ) must be signed and dated by a person authorized to legally bind the Respondent to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Those wishing to submit any proposed contract edits must indicate so on this form (see Section 2.13).

LETTER OF SUBMITTAL (MANDATORY)

The Letter of Submittal must be signed and dated by a person authorized to legally bind the Respondent to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship.

Along with introductory remarks, the Letter of Submittal must include the following information about the Contractor and any proposed subcontractors:

A. Name, address, principal place of business, telephone number, and fax number/e-mail address of legal entity or individual with whom contract would be written.

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

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

D. Federal Employer Tax Identification number and the Washington Uniform Business Identification (UBI) number issued by the state of Washington. If the Contractor does not have a UBI number, the Contractor must submit a statement that it will become licensed in Washington within thirty (30) calendar days of being selected as the Apparently Successful Contractor.

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

F. Identify any state employees or former state employees employed or on the firm’s governing board as of the date of the Response. Include their position and responsibilities within the Contractor’s organization. If COMMERCE concludes that a conflict of interest exists, the Respondent may be disqualified from further consideration in COMMERCE’S sole determination.

QUALIFICATIONS SECTION

The services to be provided under this project are:

· On-call research services for projects involving the Growth Management Act (GMA).

· Research work within land use planning in Washington state, including implementation of the Growth Management Act (Chapter 37.70A RCW), Local Project Review Act (Chapter 36.70B RCW), and state and local government land use planning.

The qualifications section of the Response must contain information that demonstrates to the evaluation committee your understanding of the services requested, your or your organization’s ability to accomplish them, and the ability to meet tight timeframes.

BUSINESS INFORMATION (MANDATORY)

A. State the name of the organization, address, phone number, e-mail address, legal status of entity (ownership) and year entity was established as it now substantially exists.

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

C. Indicate the number of employees and volunteers the organization has. Name all principal staff and their roles. Indicate which principals will work on this project.

D. Identify any current or former state employees employed by the Respondent or on their governing board as of the date of the Response. Identify any current or former state employees who volunteer or otherwise perform any unpaid work for Respondent. Include their position and responsibilities within the organization. If following a review of this information, it is determined by COMMERCE that a conflict of interest exists, the Respondent may be disqualified from further consideration.

E. If any subcontractor’s staff was an employee of the state of Washington during the past 24 months, or is currently a Washington State employee, identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date.

F. If the Respondent has had any contract terminated for default in the last five years, describe such incident. Termination for default, also called termination for cause, is defined as notice to stop contract work for reasons related to contract performance and/or compliance and the termination was either (a) not litigated due to inaction on the part of the Respondent, or (b) litigated and such litigation determined that the Respondent was in default.

G. Submit full details of the reasons for default, including the other party's name, address, and phone number. Present your position on the matter and your understanding of the other party’s position. COMMERCE will evaluate the facts and may, at its sole discretion, reject the Response on the grounds of the past experience. If no such termination for default has been experienced, so indicate.

QUALIFICATIONS

A. EXPERIENCE (SCORED)

i. Describe services currently or historically provided by the Respondent which indicate the ability to provide the services described in this RFQQ.

Describe recent experience (within the last ten (10) years) with research work within land use planning in Washington state, including implementation of the Growth Management Act (Chapter 37.70A RCW), Local Project Review Act (Chapter 36.70B RCW), and state and local government land use planning.

B. STAFFING (SCORED)

i. Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any subcontractors if applicable.

ii. Provide the name and resume of the person who will be the lead contact for this project. Provide names and resumes for other involved staff, including information on that individual’s particular skills, education, experience, significant accomplishments and any other information relevant to this project.

iii. List any subcontractors you may want to include to complete your roster of services. Describe what services each would provide. Provide the information in Section 3.2.1 about each.

C. SCHEDULE (SCORED)

Describe the organization’s ability to meet deadlines, especially on a short timeframe, and give examples of how past tight deadlines have been successfully met.

D. REFERENCES (MANDATORY)

List names, addresses, telephone numbers, and e-mail addresses of three (3) business references for the Proposer and three (3) business references for the lead staff person for whom work has been accomplished and briefly describe the type of service provided. Do not include current COMMERCE staff as references. By submitting a Proposal the Proposer and any partners or agents authorize COMMERCE to contact these references and any others who, from COMMERCE’S perspective, may have pertinent information. COMMERCE may or may not contact references in its sole discretion.

E. OMWBE AND/OR WDVA CERTIFICATION (OPTIONAL AND NOT SCORED)

Include proof of certification issued by the Office of Minority and Women’s Business Enterprises and/or Washington Department of Veterans Affairs if certified small, minority, women, and/or veteran-owned business(es) will be participating in this project in any way.

QUOTATIONS SECTION

IDENTIFICATION OF COSTS (SCORED)

The quotations section must clearly identify the complete, total cost for all services anticipated under the proposed contract. Stating your commitment to stay below the maximum amount in Section 1.4, above, is not acceptable. Failure to clearly identify the complete, total cost may result in disqualification.

In addition to the total cost, the quote must also identify the full cost for each and every proposed deliverable. If proposing an hourly structure, the quote must also identify the number of hours proposed and the cost per hour. In any event, the quote must include the total, complete cost described above.

All quoted costs must be fully inclusive amounts. This includes all costs associated with the particular staff that will be assigned to the project, all administrative costs, all local travel costs, and any other applicable fees necessary for and/or incidental to the performance of the contract.

Costs for work to be completed by subcontractors/subgrantees must be separately and clearly identified. Note if any subcontractors are certified by OMWBE or WDVA. If this project is federally funded all subawards must comply with federal regulations. If you plan to subcontract work with federal funds then clearly identify the work intended to be subcontracted and the related cost, but DO NOT select any subcontractors/subgrantees until you have reviewed all state and federal requirements.

The evaluation process is designed to award this procurement not necessarily to the Response of least cost, but rather to the Response which best meets the requirements of this RFQQ. Respondents are encouraged, however, to submit budgets which are consistent with efforts to conserve state resources.

Contractors are required to collect and pay state and federal taxes as applicable.

COMPUTATION

The score for the cost section is computed by dividing the lowest total cost quote received by the Respondent’s total cost quote. The resultant number is then multiplied by the maximum possible points for the cost section.

EVALUATION AND CONTRACT AWARD

EVALUATION PROCEDURE

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

COMMERCE, in its sole discretion, may select the top-scoring Respondents for a virtual presentation.

CLARIFICATION OF RESPONSE

The RFQQ Coordinator may contact the Respondent for clarification of any portion of their Response. Submission, resubmission, or alteration of any materials after the due date is strictly prohibited.

EVALUATION AND SCORING

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

Experience……….…………...…45 points maximum

Qualifications…………........……25 points maximum

Schedule………………...…….…20 points maximum

Quotation Section – 10% Quote……………………………..10 points maximum

10 points

Additionally, those organizations which certify they do not require their employees to sign an individual arbitration clause as a condition of employment will receive an extra 5% of their awarded points added to their final score (see Exhibit C).

VIRTUAL PRESENTATIONS MAY BE REQUIRED

COMMERCE, at its sole discretion, may select the top-scoring Respondent(s) from the written evaluation for a virtual presentation. If so, COMMERCE will contact the top-scoring Respondent(s) to schedule a date and time to meet on a platform such as Zoom or Microsoft Teams. Commitments made by Respondents at the virtual presentation, if any, will be binding.

If held, the virtual presentation shall determine the Apparent Successful Contractor.

NOTIFICATION TO RESPONDENTS

Respondents that are not selected for further negotiation or award will be notified by e-mail.

DEBRIEFING OF UNSUCCESSFUL RESPONDENTS

Upon request, a debriefing conference will be scheduled with an unsuccessful Respondent. The request for a debriefing conference must be received by the RFQQ Coordinator within three (3) business days after the Notification of Unsuccessful Contractor notice is emailed to the Respondent. The debriefing must be scheduled within three (3) business days of the request.

Discussion at the debriefing conference is strictly limited to the following:

· Evaluation and scoring of that organization’s Response;

· Any written comments from evaluators related to that Respondent;

· Review of their final score in comparison with the other final scores without identifying the other participants or reviewing their Responses.

Comparisons between Proposals or evaluations of the other Proposals is not allowed. COMMERCE will not discuss anything other than the three bullet points above. Debriefing conferences may be conducted on the telephone or by other electronic means and will be scheduled for a maximum of thirty (30) minutes. COMMERCE reserves the right to end a debriefing conference at any time for any reason.

PROTEST PROCEDURE

This procedure is available to those who submitted a Response to this RFQQ and who have participated in a debriefing conference. Upon completing the debriefing conference, the Respondent is allowed five (5) business days to file a protest with the RFQQ Coordinator. Protests must be received by the RFQQ Coordinator no later than 5:00pm Pacific time on the fifth business day following the debriefing. Protests must be submitted by email. Proposers may choose to copy COMMERCE’S Central Contracts Office at centralcontracts@commerce.wa.gov. Do not copy any other COMMERCE staff.

Anyone protesting this procurement must 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 under this RFQQ.

All protests must be in writing and signed by the protesting party or an authorized agent. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the RFQQ Coordinator.

Only protests stipulating an issue of fact concerning one or more of 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

· Non-compliance with procedures described in this procurement document or current COMMERCE policy

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 or assessment of the quality of a Response, or 2) COMMERCE’S assessment of its own and/or other agencies’ needs or requirements.

Scores received are not a valid basis of protest. Protests based solely on scores received will be dismissed as without merit unless included with facts supporting bias, discrimination, or conflict of interest on the part of an evaluator.

Upon receipt of a protest, a protest review will be held by COMMERCE. COMMERCE’S Chief Contracts Officer, or other employee delegated by the Director who was not involved in the award process, will consider the record and all available facts and issue a decision within ten (10) 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 directly impact the actual interest of another Respondent, such Respondent may be given an opportunity to submit its views and any relevant information on the protest.

The final determination of the protest shall:

· Find the protest lacking in merit and uphold COMMERCE’S action, or

· Find only technical or harmless errors in COMMERCE’S process and determine COMMERCE to be in substantial compliance and reject the protest, or

· Find merit in the protest and provide COMMERCE options which may include:

· Correct the error(s) and re-evaluate all Responses

· Reissue the solicitation document and begin a new process

· Make other findings and determine other courses of action as appropriate

If COMMERCE determines that the protest is without merit, COMMERCE may enter into a contract with the Apparent Successful Contractor(s). If the protest is determined to have merit, one of the options above will be taken.

RFQQ EXHIBITS

EXHIBIT A

CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the Response 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(s):

1. I/we declare that all answers and statements made in the Response 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, I/we may freely join with other persons or organizations for the purpose of presenting a single Response.

3. The attached Response is a firm offer for a period of 60 days following receipt, and it may be accepted by COMMERCE without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period.

4. In preparing this Response, I/we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this Response or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.)

5. I/we understand that COMMERCE will not reimburse me/us for any costs incurred in the preparation of this Response. All Responses become the property of COMMERCE, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this Response.

6. Unless otherwise required by law, the prices and/or cost data that have been submitted have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by him/her prior to opening, directly or indirectly to any other Respondent or to any competitor.

7. I/we agree that submission of the attached Response constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

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

9. I/we grant COMMERCE the right to contact references and others, who may have pertinent information regarding the Respondent’s prior experience and ability to perform the services contemplated in this procurement.

10. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separately attached page.

I/We have reviewed the Contract and General Terms and Conditions and I/we: (check one) ☐ are submitting proposed Contract edits. If proposed Contract edits are being submitted, I/we have attached them to this form. (See Section 2.13) ☐ are not submitting proposed Contract edits. (Default if neither are checked.)

On behalf of the organization submitting this Response my signature below attests to the accuracy of the above statements as well as my authority to bind this organization.

Signature

EXHIBIT B

DIVERSE BUSINESS INCLUSION PLAN

Please see Section 2.8 for more information regarding the Diverse Business Inclusion Plan.

Respondent’s Goals:

Please list the approximate percentage of work to be accomplished by each subcontractor type:

If you plan to subcontract and answered ‘No’ to all questions above, please explain:

Click or tap here to enter text.

☐ I/We do not plan to subcontract any of the work described in this RFP.

Please identify the person in your organization who will manage your Diverse Business Inclusion Plan related to this project:

Name: __________________ Title: __________________ Phone: __________________ E-Mail: __________________

* Please note that subcontracting must be done in accordance with contractual terms and conditions which may include specific subcontractor selection requirements. Do not select subcontractors or subgrantees until you have reviewed all applicable requirements.

EXHIBIT C

Respondent Certification Executive Order 18-03 – Workers’ Rights

Pursuant to the Washington State Governor’s Executive Order 18-03 (dated June 12, 2018), the Washington State Department of Commerce is seeking to contract with qualified entities and business owners who certify that their employees are not, as a condition of employment, subject to mandatory individual arbitration clauses and class or collective action waivers.

RFQQ Number: 25-63110-001

I hereby certify, on behalf of the organization identified below, as follows (check one):

☐ NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This organization does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

☐ MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. This organization requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

☐ This organization certifies it has no employees.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the organization listed herein.

Organization Name:_______________________________________________________________ Print full legal entity name of organization

Signed: ____________________________

Title: ____________________________

Place: ________________________________ Print city and state where signed

Return Contractor Certification to Procurement Coordinator as part of your complete response.

EXHIBIT D

Small or Veteran-Owned Business Certification

See Section 1.5 for more information about COMMERCE’S award obligation to Small and Veteran-Owned Businesses.

Small Business ☐ By checking this box and signing below I/we hereby certify under penalty of perjury that the business represented in this Proposal is a Washington business including a sole proprietorship, corporation, partnership, or other legal entity, that is:

(a) Owned and operated independently from all other businesses and has either:

(i) Fifty or fewer employees; or

(ii) A gross revenue of less than seven million dollars annually as reported on its federal income tax return or its return filed with the department of revenue over the previous three consecutive years; or

(b) Is certified with the Office of Women and Minority Business Enterprises under chapter 39.19 RCW. I/we are including a copy of the certification.

Veteran-Owned Business ☐ By checking this box and signing below, I/we certify the business represented in this Proposal is certified by the Washington Department of Veteran Affairs. I/we are including a copy of the certification.

Failure to return or sign this Exhibit, or failure to check an applicable box, may result in failure to qualify as a responsive and responsible Small or Veteran-Owned Business.

Failure to include a copy of the relevant certification may result in failure to qualify as a responsive and responsible Small or Veteran-Owned Business.

Additional Representation The following is not required nor scored. Your answers or lack of answers will not impact the outcome of this RFP. This information helps Commerce monitor our level of success in meeting our diverse contracting goals. See Section 2.8 for more information about Commerce’s diverse contracting goals.

For informational purposes only, the business represented in this Response is:

☐ Certified Woman-Owned by the Office of Women and Minority Business Enterprises ☐ Certified Minority-Owned by the Office of Women and Minority Business Enterprises

Signature Printed Name Title Date

EXHIBIT E

Services Contract with

Please enter the Entity/Business Name of Contractor through

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Contract Number:

Please enter Contract Number For Provide Project Title/ Primary Contract Purpose in 25 words or less

Dated: Please enter start date of contract

________________________________________________________________________________________________________Contract No. ________________ (Rev. May 2020) Page 2 of 21

A. Table of Contents

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B. Face Sheet Contract…