RFQQ K5055 11-6-24.docx

The Department of Labor and Industries Request for Background Check Services Request for Qualifications and Quotes

RFQQ K5055

SCHEDULE OF EVENTS TABLE

THE FOLLOWING DATES ARE ESTIMATES AND MAY BE ADJUSTED BY THE DEPARTMENT

WEBS REGISTRATION

Vendors are strongly encouraged to download the original solicitation from Washington's Electronic Business Solution (WEBS). Only Vendors who have downloaded the original solicitation directly from WEBS prior to an amendment being issued will receive email notification from WEBS of an amendment. For more instructions and info register here: https://des.wa.gov/sell/how-work-state Select at least one of the following Commodity Code(s) in your WEBS registration process

The Department of Labor & Industries provides equal access to its programs and services for all people without regard to race, creed, color, religion, national origin, age, gender, sexual orientation, marital status or disability. To request this information in alternative formats, please contact the Solicitation Coordinator.

The Washington APEX Accelerator, formerly Washington PTAC (opens in a new tab) is a no-cost resource for small businesses that can help with bidding and strategies for selling to the government. APEX Accelerator can review a business proposal, drafts, marketing strategies, registrations, certifications, and more.

TABLE OF CONTENTS

Table of Contents

STATEMENT OF WORK AND BUDGET TABLE

GENERAL INFORMATION

INTRODUCTION

The Department of Labor and Industries (L&I) Policy 3.02 establishes the standards used by the Department for background checks of applicants under consideration for employment, promotions, and volunteers services. Background-checks ensure L&I employees and the public are safe, to demonstrate the highest standards of personal integrity and compliance with the law, rules and regulations to ensure candidates will meet position expectation standards and job responsibilities.

BACKGROUND

The Department of Labor & Industries (hereafter called L&I or the Department) is initiating this solicitation to obtain the services of a contractor(s) that can conduct employment background checks services on behalf of the Office of Human Resource (hereafter called OHR or Department). Any contract(s) resulting from this solicitation, if awarded, may span a multiple biennia. L&I anticipates that the volume of criminal background checks will fluctuate per year. The actual volume required by L&I on a yearly basis shall be an approximate estimate of usage. L&I does not guarantee a set minimum usage. L&I may award multiple bidders. L&I reserves the right not to be limited to the lowest cost bid.

SCOPE OF WORK

The Scope of Work to be performed by the Contractor(s) will be listed in the Sample Contract SOW.

BIDDER’S CONFERENCE

There will NOT be a pre-Proposal conference for Bidders. Questions submitted in writing will be documented and officially answered by L&I in written form as explained below in Solicitation Modification. L&I shall be bound only to its written answers to questions as posted in WEBS.

ACCEPTANCE OF SOLICITATION AND SAMPLE CONTRACT

The Apparent Successful Bidder will be expected to enter into a contract with L&I that is substantially similar to the Sample Contract, which is part of this solicitation. RFQQ K5055 Sample Contract.docx is available for download from WEBS with all other documents posted under this solicitation. In no event can a Bidder submit its own standard contract terms and conditions in response to this solicitation. The Bidder may submit suggested revisions as described in the Bidder’s Questionnaire.

PERIOD OF PERFORMANCE

The Period of Performance of any contract resulting from this Solicitation is based on the tentatively Event Scheduled listed above. The awarded contract may be an annual and/or bi- annual period up to a six-year initial term. L&I reserves the right and option to amend or extend any contract awarded for additional periods not to exceed ten years in total.

FUNDING

L&I anticipates it will spend up to $100,000 for all work outlined in this Solicitation. Any contract awarded from this solicitation is contingent upon the availability of funding. L&I offers no guarantee of volume or usage. Bids in excess of $100,000 may be rejected as be deemed non-responsive.

SOLICITATION COORDINATOR

The Solicitation Coordinator Joshua Carruth is the sole point of contact at L&I for this solicitation. The Solicitation Coordinator shall be contacted using this email K5055@lni.wa.gov Communications directed to parties other than the Solicitation Coordinator may result in disqualification of the Bidder.

QUESTION AND ANSWER PERIOD

Questions concerning this Solicitation must be submitted to the Solicitation Coordinator during the Question and Answer Period as outlined in the Schedule above. All questions must be submitted by email to the Solicitation Coordinator. The answer to any question, which may be given orally during the Bidders’ Conference (see above), is to be considered tentative. Questions will be researched and the official answer published in writing and posted on WEBS. This will assure accurate, consistent responses to all Bidders.

COMPLAINT PROCESS – PRE-BID SUBMISSION

According to the Schedule on the cover page of this solicitation, Bidders may submit a complaint to the Solicitation Coordinator if s/he believes: 1) the solicitation unnecessarily restricts competition; 2) the solicitation evaluation or scoring process is unfair or flawed; or, 3) the solicitation requirements are inadequate or insufficient to prepare a Bid. Complaints must be submitted in writing to the Solicitation Coordinator, clearly articulate the basis for the complaint, and must include a proposed remedy. Text of a complaint is limited to one 8-1/2” X 11” single sided page in 10-point font or larger.

Any changes to the solicitation as a result of a complaint will be documented as outlined in Solicitation Modification; otherwise, all other responses to complaints will be posted separately in WEBS. The Department’s solicitation may continue. The complaint may not be raised again during the protest period. No further administrative remedy or appeal is available.

VENDOR REGISTRATION / WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS)

Washington's Electronic Business Solution (WEBS) is an Internet vendor registration and solicitation notification system. The system offers one online site where vendors can register to receive state government solicitation notifications. L&I shall utilize WEBS for all solicitation updates (e.g. addenda, amendments, posting, announcement of Apparent Successful Bidder, etc.). Only Vendors who have downloaded the original solicitation directly from WEBS prior to an amendment being issued will receive email notification from WEBS of an amendment. For more information and instructions to register: https://des.wa.gov/sell/how-work-state Bidders must register in WEBS by the Bid Due Date & Time. Failure to do so may result in the rejection of the Bidder's response. Bidders are encouraged to register as early as possible to ensure they have access to solicitation updates. A Bidder will not receive a notification of the solicitation or the updates prior to their registration.

SOLICITATION MODIFICATION

L&I reserves the right to change the Schedule or issue amendments to the solicitation at any time. L&I also reserves the right to cancel or reissue the solicitation in whole or in part, and for any reason, at the sole discretion of L&I at any time prior to execution of a contract.

Vendors are responsible for checking WEBS for any addenda or changes to this Solicitation.

PARTICIPATION WITH SMALL AND DIVERSE BUSINESSES

L&I strongly encourages participation of small and diverse businesses. According to the 2019, State of Washington Disparity Study (opens in a new tab) small and diverse businesses were significantly, underrepresented in state procurement contracts. As of April 1, 2023, under the direction of RCW 39.26 (opens in a new tab) and Executive Order (EO) 22-01 (opens in a new tab), the Department of Enterprise Services has implemented Policy POL-DES-090-06.

In support of this Order and Policy, small and diverse businesses are encouraged to participate in this solicitation, as the Bidder and/or as a Subcontractor of a Bidder. Please see Bidder’s Questionnaire.

L&I has established the following voluntary numerical goals for its solicitations:

a. Ten point eight percent (10.80%) Minority-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE); Women-Owned Businesses certified by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE); Washington Small Businesses, including microbusinesses or mini-businesses as defined in RCW 39.26.010(16) and (17).

b. Two point two-three percent (2.23%) Veteran-Owned Businesses certified by the Washington State Department of Veterans Affairs (WDVA).

c. Achievement of these goals is encouraged whether directly or through subcontractors.

d. OMWBE CERTIFICATION. Bidders and their proposed subcontractors may contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and Women-Owned certified firms, state and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at OMWBE. Bidders may provide certification information in the Bidder’s Questionnaire, for themselves and/or subcontractors.

e. WDVA CERTIFICATION. Bidders and their proposed subcontractors may contact the Washington State Department of Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned Businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. Bidders may provide certification information in the Bidder’s Questionnaire, for themselves and/or subcontractors.

f. WASHINGTON SMALL BUSINESSES. Bidders may contact Enterprise Services about small and diverse business inclusion and qualification as a Washington Small Business. If bidder or subcontractor qualifies as a Washington Small Business, identify firm as such in WEBS. Call WEBS Customer Service at 360-902-7400. Bidders may provide certification information in the Bidder’s Questionnaire, for themselves and/or subcontractors.

EXECUTIVE ORDER 18-03, SUPPORTING WORKERS’ RIGHTS

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). L&I will evaluate bids for best value and provide a bid preference in the range of 5 percent to any bidder, who certifies, pursuant to the certification in the Bidder’s Questionnaire; Section 5.5, Contract Certification for Executive Order 18-03 Worker’s Rights; 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.

DEFINITIONS

As used throughout this contract, the following terms shall have the meanings set forth below:

1. APPLICANT means persons who has applied for work at L&I, including current employees applying for a position that may result in a promotion, voluntary demotion, transfer, elevation, layoff or reversion. Applicant also includes volunteers.

2. BACKGROUND CHECK means process used to find out about an employee, applicant or volunteer’s work history, education and/or criminal record.

3. BACKGROUND CHECK INFORMATION means information provided by the applicant and the results of the background check, including documentation relating to a background search.

4. BID means an offer, proposal, or quote for goods or services in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.

5. BIDDER means an individual or entity who submits a bid, quotation, or proposal in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.

6. BUSINESS DAYS AND HOURS means L&I’s business days and hours are Monday through Friday, exclusive of state holidays, 8:00 a.m. to 5:00 p.m., Pacific Time. If using calendar days, which falls on a weekend or state holiday, will be extended to the next end of the business day.

7. CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE (MWBE) means a minority or women-owned business enterprise certified by the office of minority and women's business enterprises of Washington State. Contract manager means the representative identified in the text of the contract who is delegated the authority to administer the contract.

8. CONTRACTOR means that agency, firm, provider, organization, individual or other entity performing services under this contract.

9. CONTRACTOR STAFF means individuals performing services under this contract, whether employees of the contractor, or subcontractors or subcontractor’s employees.

10. DISQUALIFIED means determination made by the assistant director for the office of human resources OHR that an applicant is not eligible for a specific position being disqualified from employment is not discipline.

11. INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION is a subset of health information, including demographic information collected from an individual and relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual, as set forth in 45 cfr 164.501 as currently enacted and subsequently amended or revised.

12. INTELLECTUAL PROPERTY means all intellectual property rights, including but not limited to rights in united states and foreign patents; patent applications; registered and common law trademarks and service marks; trademark applications; copyrights; copyright applications; trade secrets; proprietary information; publicity rights; moral rights; rights against unfair competition; electronic and computer software programs; designs; and electronic information.

13. MATERIALS means all items in any format and includes, but is not limited to work products, software, source code, intellectual property, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.

14. PENDING CHARGE OR PENDING ACTION means a charge or action awaiting a decision by a court or a civil adjudication proceeding.

15. PERSONAL INFORMATION means information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers or protected health information, any financial identifiers, and other information that may be exempt from disclosure to the public or other unauthorized persons under either RCW 42.56 or other state and federal statutes.

16. PROTECTED HEALTH INFORMATION means individually identifiable health information that is transmitted by electronic media, or transmitted or maintained in any other form or medium, as set forth in 45 cfr 164.501, as currently enacted and subsequently amended or revised.

17. QUALIFIED FOR EMPLOYMENT means the determination that an employee, applicant under final consideration for employment (which can also be an employee) or volunteer meets the required character, competency and suitability for employment if the individual has passed the background check with no disqualifying convictions.

18. SELF-DISCLOSURE means any background information provided directly by an applicant, including arrests, charges, convictions, negative actions, or court-imposed sanctions or conditions. Self-disclosure may occur prior to employment and at any time during employment.

19. SENSITIVE POSITION means a position that has been designated as requiring an applicant to successfully pass a background check to qualify for the position based on job requirements.

20. STANDARDS OF BEHAVIOR AND CONDUCT means an expectation for employees and volunteers of L&I to demonstrate the highest standards of personal integrity and compliance with federal, state and local laws law, rules and regulations.

21. SUBCONTRACTOR means one not in the employment of the contractor, who is performing all or part of those services under this contract under a separate contract with the contractor. The terms subcontractor and subcontractors mean subcontractor(s) in any tier.

22. VENDOR means any business with an interest in this solicitation.

23. VOLUNTEER means individuals who performs duties for L&I by free choice, receives no salary and is registered as a volunteer for industrial insurance purposes.

24. WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS) means the state’s enterprise vendor registration and bid notification system.

EVALUATION AND AWARD

EVALUATION

The evaluation process is designed to award the contract to the Bidder with the best combination of attributes that meet the needs of L&I. Scoring of the Bidder’s written response will be based on the Bidder’s responses to the questions in the Bidder's Questionnaire.

Oral presentations, if requested, will be based on the evaluation team’s overall assessment of the Bidder’s presentation and responses to questions during the presentation. All Bidders forwarded to this stage of the competition shall enter on an equal footing OR with its preliminary score as shown below.

A. EVALUATION PROCEDURES

The evaluators will consider how well the response meets the needs of L&I as described in the Bidder’s response to each question in the Bidder’s Questionnaire. It is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the bidders response.

B. EVALUATION TEAMS

The evaluation procedures will be performed under the direction of the Solicitation Coordinator and other state staff designated solely by L&I who will determine which bid is most responsive to the requirements stated in this solicitation. Bidders will not have personal contact with the evaluators unless L&I elects oral presentations.

C. WEIGHTING OF QUESTIONS

The scoring/weighting of responses is as follows with percent meaning the percent of the total points awarded in the preliminary scoring of the Bid.

Topic

Only top scoring Bidders will advance after the preliminary scores are determined.

D. POINTS PROVIDED ARE BASED ON THE FOLLOWING:

a. A Washington state certified veteran-owned and/or Washington state small business that meets the size or gross revenue standard (as defined in RCW 39.26.010(22)(a))

b. "In-state business" means a business that has its principal office located in Washington (22) "Small business" means an in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that:

c. Certifies, under penalty of perjury, that it is owned and operated independently from all other businesses and has either:

d. Fifty or fewer employees; or

e. 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

f. Is certified with the Office of Women and minority business enterprises under chapter 39.19 RCW

REFERENCES PASS/FAIL

L&I may contact references for the top scoring Bidders only, based on Preliminary Scoring. References help the Department determine whether the Bidder is a responsible Bidder. L&I will use references to get more information related to any part of the Bidder’s proposal and qualifications to perform the work under this contract.

L&I may, at its discretion reject the Bid of any contractor who has failed to perform satisfactorily on a previous contract with the state.

L&I reserves the right to contact references not supplied by the Bidder and use the information obtained during scoring. References may include, but are not limited to private companies, other governmental organizations and internal L&I programs.

ORAL PRESENTATIONS/SANDBOX DEMONSTRATIONS

L&I reserves the right to request oral presentations. If held, L&I will offer the top scoring bidders an opportunity to deliver an oral presentation, provide an introduction to the Bidder’s proposed team members, including one lead from each proposed subcontracting firm, key elements of its proposal, and respond to questions from the evaluation team.

L&I anticipates the Bidder’s team to include at least one principal, the Bidder’s proposed Project Manager who will oversee the provision of deliverables, and the proposed lead subject matter expert who will partner with L&I during the Period of Performance of the Contract. Questions can be expected to consist of the following:

1. Pre-determined, uniform questions

2. Questions based on the specific bidder’s written response, and,

3. Questions based on the bidder’s presentation/demonstration

SUBSTANTIALLY EQUIVALENT SCORES

When evaluation of the Bids produces numerical ratings that are substantially equivalent, i.e., scores separated by 2% or less of the total available points, L&I reserves the right to proceed with the Bidder whose Bid is deemed to be in L&I’s best interest.

SELECTION OF APPARENT SUCCESSFUL BIDDER

The evaluation process is designed to award the contract to the most responsive and responsible Bidder. Pursuant to DES Policy 090-06, solicitations with an initial value of $150,000 or less shall be awarded to the highest ranked responsive and responsible small or veteran-owned bidder unless there is no responsive and responsible bid submitted by a small or veteran-owned business.

FINAL SELECTION

L&I reserves the right, at its sole discretion to reject any or all Proposals without penalty and not to issue a contract as a result of this solicitation.

L&I reserves the right to refrain from contracting with any Bidder. The issuance of this solicitation does not compel L&I to purchase. The final selection, if any, will be that proposal which, in the opinion of L&I, best meets the requirements set forth in this solicitation and is in the best interest of L&I and the state of Washington.

SINGLE RESPONSE

A single Bid (i.e., receipt of a Bid from only one Bidder) for this solicitation may be deemed a failure of competition and, at the sole option of L&I, the solicitation may be canceled. Likewise, receipt of only one Bid may allow L&I to award a contract to that Bidder.

AUTHORITY TO BIND THE DEPARTMENT OF LABOR AND INDUSTRIES

The Director of the Department of Labor and Industries or the Director’s designees are the only individuals who may legally commit L&I to the expenditures of funds for a contract resulting from this solicitation. No cost chargeable to the proposed contract may be incurred before receipt of either a fully executed contract or specific, written authorization from L&I’s Director.

DEBRIEFING OF BIDDERS

Bidders will be afforded a Debriefing Conference. The request for a Debriefing Conference must be received by L&I’s Solicitation Coordinator within three (3) business days after the Bidder Notice of Apparent Successful Bidder is emailed by WEBS. Discussion will be limited to a critique of the requesting Bidder's response. Comparisons between Bids or evaluations of the other Bidders’ responses will not be allowed. The Debriefing Conference must be held within five (5) business days after the Notice of Apparent Successful Bidder is emailed by WEBS.

PROTEST PROCESS

Who may protest? A party may utilize these protest procedures if it (1) has submitted a Bid, that is, the protester must have submitted a Bid, and (2) has requested a Debriefing Conference within the required time-period, and (3) received a Debriefing Conference within the required time period.

Limitations - Bidders protesting the selection of the Apparent Successful Bidder must follow the procedures described below. The Bidder should include in its protest all issues it wishes to raise because a Bidder is limited to only one protest. Issues not raised in the initial protest shall not be considered. 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. Chapter 34.05 RCW, Administrative Procedures Act (APA) does not apply to this procurement.

Protest Review - Upon receipt of a protest, a protest review will be held by the Contracts Office to review the procurement process utilized. This is not a review of Bids submitted or the evaluation scores received. The review is to ensure Department policy and procedures were followed, all requirements were met and all Bidders were treated equally and fairly. See Allowable and Disallowed Issues below.

If a protest, may affect the interest of any Bidder, such Bidder(s) may, be given an opportunity to submit its view and any relevant information on the protest to the Contracts Office.

The Contracts Office will consider the record and all facts available and issue a decision within ten (10) working days of receipt of the protest unless additional time is required, in which case the protesting party will be notified by the Contracts Office of the delay. The decision of the Contracts Office will be final and conclusive.

Allowable Issues – Only protests with an issue of fact concerning the following subjects shall be considered:

a) A matter of bias, discrimination, or conflict of interest on the part of an evaluator,

b) Errors in computing the scores, or

c) Non-compliance with procedures described in the procurement document or agency protest process or DES requirements.

Disallowed Issues – Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they attack such issues as:

a) Evaluator's professional judgment on the quality of a proposal, or

b) L&I's assessments of its own needs or requirements.

PROTEST PROCEDURE AND FORMAT

Written Document - All protests must be in writing and signed by the protesting party or an authorized agent and submitted as set out in Protest – Deadline for Receipt by L&I below. Telegrams, faxed documents, e-mail, or similar transmittals will not be considered.

Statement of Facts - The protest must state all facts and arguments about an allowable issue reasonably known by the protesting party at the time of the protest on which the protesting party is relying.

Required Format- The protest must be set out in the following format:

1. Identity of the protester. Name, address, phone number, FAX number, contact person.

2. Identity of the solicitation. Title of solicitation, date, and Solicitation Coordinator.

3. Issue protested. State which of the allowable issues is being protested.

4. Facts and circumstances. Describe, with specific details and in chronological order, the exact facts and circumstances leading to the belief that a protest worthy issue has occurred. Such statement must include, but is not limited to the following:

a. Dates of documents, actions, etc.; and

b. Names and titles of all involved parties; and

c. Statements, activities, etc. of each involved party

5. Resolution requested. State the requested resolution of the protest.

6. Attachments. List and include copies of all documents referenced in the protest. However, you do not need to send a copy of your Bid or this solicitation document.

Submit to All protests shall be submitted to ProcurementProtests@Lni.wa.gov In the event of a timely protest, the Department may proceed further with the procurement it shall not execute the contract unless the protest is decided or in the case of exigent circumstances, until the Department of Enterprise Services or a designee makes a written determination that the award of the contract without delay is necessary to protect substantial interest of the Department.

PROTEST DEADLINE FOR RECEIPT BY L&I

The written protest must be received no later than 5:00 p.m. local time in Olympia, Washington, five (5) business days following your firm’s Debriefing Conference.

RFQQ K5055 11-6-24 Page 13 of 19 Evaluation Award and Preparing and Submitting Bid

PREPARING AND SUBMITTING THE BID

COMPLETING THE BIDDER’S QUESTIONNAIRE

You must respond to the solicitation requirements by completing and returning to L&I the following documents, which in total are considered the Bidder’s Questionnaire:

1. RFQQ K5055 Bidder’s Questionnaire.docx, including the signed Certifications & Assurances

2. RFQQ K5055 Business Requirements and qualifications Include additional pages as needed to respond to all information required. In all cases, adhere to page limits as may be stated in the Bidder’s Questionnaire.

WHEN ATTACHING ADDITIONAL PAGES for explaining answers or describing experience:

1. Restate the number and the short title of the requirement

2. Write the response immediately after the short title Do not respond by referencing material presented elsewhere. The response provided immediately after the restatement of the requirement shall be considered complete and stands on its own merits. A response of “will comply” or “see above” or similar statement shall receive zero (0) points for scoring purposes. Failure to respond to any portion(s) of the Bidder’s Questionnaire may result in rejection of the bid as non-responsive and the bid will not be scored.

BIDDER IDENTIFICATION

The Bidder’s must sign their name on the last page of the bidder’s questionnaire

MOST FAVORABLE TERMS

L&I reserves the right to make an award without further discussion of the Bid submitted; there will be no best and final offer procedure. [NOTE: An exception is that the Solicitation Coordinator may contact the Bidder for clarification of a portion of the bid.] Therefore, the Bid should be initially submitted on the most favorable terms the Bidder can offer.

This solicitation, including the Contractor’s Bid, may become part of the awarded Contract. It is understood that the Bid will become a part of the official file on this matter without obligation to L&I.

SUBMISSION OF BID

All Proposals must arrive via attachment to an email, sent to the Solicitation Coordinator by the Bid Due Date as outlined in the Schedule, with the presentation and format as described below.

1. Bid attachments must be in Microsoft Word and Excel software as provided in the attachments on WEBS, except for the signed Certification and Assurances, which may be submitted separately with your bid in an Adobe PDF (Portable Document Format).

2. Submit your Bid with this Subject Line: YOUR COMPANY NAME, DBA, RESPONSE TO RFQQ K5055

3. Bidders wishing to request an alternative method for submitting their response must contact the Coordinator at least ten (10) days before the response submission date. No alternative submission method will be accepted unless agreed to by the Solicitation Coordinator in writing prior to the response deadline.

4. Postal mailed or faxed Proposals and Zip files WILL NOT be accepted. Late Proposals shall not be accepted and shall automatically be disqualified from further consideration. Delivery shall be at the Bidder’s sole risk to assure delivery at the designated time and to the designated email address. L&I does not take responsibility for any problems with the email.

PROPRIETARY INFORMATION & PUBLIC DISCLOSURE

Any information contained in the bid that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56, must be clearly designated. The Bidder must cite the statute and briefly explain how it applies to the proprietary information supplied in the bid. The page and the particular exception/s from disclosure upon which the Bidder is making the claim must be identified. Each page claimed to be exempt from disclosure must be clearly identified by the word "confidential" printed on the lower right hand corner of the page. Marking the entire bid as confidential will be neither accepted nor honored and may result in disclosure of the entire bid. The Bidder must be reasonable in designating information as confidential. Bids shall be deemed public records as defined in RCW 42.56 and RCW 39.26. Confidentiality is available only to the limited extent allowed in state law. L&I can choose to disclose despite information being marked as confidential.

COST OF PREPARING BIDS

L&I is not liable for any costs incurred by Bidders in the preparation and presentation of Bids submitted in response to this solicitation.

FAILURE TO COMPLY

The Bidder is specifically notified that failure to comply with any part of the solicitation may result in rejection of the Bid as non-responsive. Rejected, non-responsive Bids will not be scored. Failure to respond to any portions of the Bidder’s Questionnaire may result in rejection of the Bid as non-responsive and the Bid will not be scored.

ERRORS

L&I will not be liable for any errors in Bids. L&I reserves the right at its sole discretion, to make corrections or amendments due to minor administrative irregularities or errors contained in any Bid.

STATEMENT OF WORK (SOW) & BUDGET ATTACHMENT B

The Contractor shall furnish the necessary personnel, equipment, materials, and/or services and otherwise do all things necessary for or incidental to the performance of work as set forth below:

The Contractor and all its employees, agents and/or subcontractors assigned or employed by the Contractor to provide related services to and for the Department must have the equivalent of five (5) years’ experience in providing professional investigative background checks with services. Bidders who do not meet the minimum qualifications will be deemed non-responsive and may not receive further consideration.

Keys to Contractor’s success emphasizing consistency minimizing transition time when familiarizing the OHR delegate(s) with the Contractors system and timeliness for services provided. The Contractor will provide expert level, high quality service and support for services requested in order to accomplish the mission goals stated in this solicitation and SOW

1. CONTRACTORS EXPERIENCE REQUIREMENTS AND MINIMUM QUALIFICATIONS ARE THE FOLLOWING A. Must have the equivalent of five (5) years’ experience B. Access and Capability to utilize The Nationwide Criminal Database C. Access and Capability to utilize the Nationwide Sex Offender Registry D. Access and Capability to utilize and conduct A Motor Vehicle Report E. Holds a current license to perform services in the State of Washington F. If applicable the Contractors will supply a list of their Subcontractors as part of the Solicitation G. Revised Code of Washington (RCW) 9.96A.020, Washington Administrative Code (WAC) 357-19-184 H. Chapter 10.97 RCW I. Privacy and security of personally identifiable information 45 CFR § 155.260 J. The Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq K. Federal Drivers Privacy Protection Act (DPPA) L. Fair Labor Standards Act (FLSA) M. Gramm-Leach-Bliley Act N. Title VII of the Civil Rights Act of 1991 Contractors must be certified/trained and/or following the industry standards in and for the applicable laws and regulations as part of the minimum requirements and qualifications to perform services

2. EXPECTATIONS OF THE CONTRACTOR(S)

Background check results and investigation statuses of individual(s) applicant and/or group of applicants shall be available within (2) two business days after the order request is placed by OHR. Investigative results will be made available for OHR delegates by website access within two (2) business day.

A. Contractor will provide a knowledge transfer to OHR B. Contractor will provide an implementation specialist to training OHR at a reasonable time C. Training will be on how to use the contractors system and related website features/services D. Online virtual training for the OHR point of contact E. Online virtual training for OHR point of contact approximately up to 5 Department members F. Virtual training and on-line help and technical support Microsoft Teams and Zoom preferred

CONTRACTORS PAYMENT INVOICE MUST INCLUDE THE FOLLOWING INFORMATION:

A. First, Middle and Last Name B. Date of Birth C. Application AND/OR current Mailing Address D. Applicants Job Title and Position E. Invoice Number, The Department Contract Number and/or Work Order request Number

3. CONTRACTOR

The Contractor must have an online portal, web-based platform with internet accessibility that allows applicants to register and create a self-made account and/or subscription service that can provide applicants with a single access point to the Contractors Web application. Individuals should have the capability to access all website services and features needed to perform background checks services.

The Contractor Website/system will allow applicants to self-enter their personal identifiable application information directly into the Contractors Website/system. The Contractors web-based system must be easily accessible and user friendly.

This Web based application must be secure encrypted protocol (IPsec). Contractor must protect the applicant’s self-identifiable personal information to industry standards or above. The contractor’s data in transit and at rest must meet L&I’s data handling protection plan and encryption standards.

Access to the applicants information shall be logical, user friendly and shall be available at bare minimum, between the business hours of 8 am to 5 pm, local time, Monday through Friday.

4. CONTRACTOR FINAL REPORTS TO OHR

The final report will contain a summary of all deliverables. This will involve discussions with L&I’s Contract Manager to determine the best way to organize this report. L&I anticipates the final report will include at least the following items:

A. The Contractor will provide individual reports automatically and as requested by OHR B. The Contractor will provide group/batch/packages reports automatically and as requested by OHR C. The Contractor will provide a monthly summary report of all completed background checks D. The Contractor will provide a summary of completed deliverables as requested by OHR E. The Contractor will provide feedback from lessons learned with possible improvements F. The contractor reports may be mmodified based on identified incidents and report testing G. The Contractor will provide a monthly report to identify states and/or jurisdictions that did not allow or permit nationwide checks and / or provided limited access to background checks H. The Contractor reporting tools will be user friendly, data will be easily retrievable with simple downloadable formats such as Microsoft based products Word, Excel, and Access.

I. The Contractor will provide support for live environment conditions, verifications and test modes

5. CONTRACTOR SYSTEM ISSUES AND POSSIBLE WORK DELAYS REPORTING PROCESS

The Contractor shall immediately notify the designated OHR Point of Contact of any delays that effect any of the performance agreements awarded from this solicitation.

Time is of the essence, if delays are foreseen and major significant problems arise that extend past two (2) business days. The Contractor will provide written notice of the situation to the OHR point of contact If the parties cannot agree on a mutually reasonable timeframe in restarting services and the Contractor fails to deliver the proper item(s)/service(s) at the time and place(s) of need; OHR reserves the right to obtain services from another qualified contractor(s) to complete the delayed work in order to meet OHR timeline requirements. This action will be at the Contractor’s expense for unfilled request at least until the issue at hand is resolved with restored continued services by the awarded Contractor(s).

6. SERVICES THAT MAY BE REQUESTED BY L&I:

A. CREDIT REPORT

Employers insight to the applicant’s level of fiscal responsibility; nationwide checks are done in compliance with the Fair Credit Reporting Act (FCRA) and all county, state, and federal laws.

B. CRIMINAL HISTORY CHECK AND COUNTY COURT CRIMINAL RECORD CHECKS

Contractor must be able to access all counties in Washington State and conduct record checks for criminal activity with the most accurate and current data available. County search results must provide criminal charges, dates, sentencing, and dispositions for all felonies and/or misdemeanors where the applicant has lived for the previous (7) seven years.

Criminal history investigations in all jurisdictions and searches for criminal history information will include municipal, district/misdemeanor court, superior court, and federal jurisdictions for the areas where the applicant has resided for the previous (7) seven years.

C. EDUCATION CONFIRMATION AND TRAINING, CERTIFICATION, OR LICENSES VERIFICATION

The education confirmation report must include all relevant education history based on the information provided by the applicant or by OHR. Contractor must be able to include checks for the applicants training, professional licenses, and credentials to verify the qualifications and integrity of the applicant by confirming that the credentials and licenses stated on a job application are correct.

D. EMPLOYMENT ELIGIBILITY VERIFICATION

Employment Verifications must include dates of employment, job title, salary, eligibility for re-hire, and reason for leaving, (e.g., voluntary separation, termination, contract ended, etc.).

E. FEDERAL COURT RECORDS CHECKS

Federal Criminal Records Search conducted through the Federal District Courts shall include any charges of federal offenses such as bank robbery, embezzlement, tax evasion, kidnapping, drug trafficking, mail fraud, or crimes occurring across all state lines.

F. INTERNATIONAL CRIMINAL RECORDS SEARCH

Approved by OHR on a case-by-case basis the Contractor must be able to provide international verifications of employment, education information as part of the application verification.

G. MILITARY SERVICE VERIFICATION

Report must provide such details as dates of service, rank, pay, job description, and/or specialties, decorations, medals, disciplinary records, and discharge status.

H. MOTOR VEHICLE DRIVING RECORD

The applicants Motor Vehicle Driving Record to include any available commercial Driver License (‘CDL”) information if applicable from each state for which the applicant provides a license number/state of issue. Reports will include DMV arrests records for which prosecution may be pending, felony or misdemeanor pleas or convictions, deferred sentences and prosecutions, prison or jail time served, fines and probation information and international searches if applicable.

I. MULTIPLE COUNTY CRIMINAL RECORD CHECKS AND STATEWIDE CRIMINAL RECORD CHECKS

Contractor will conducts rigorous statewide criminal record checks. This report must include any arrest or disposition information obtained by police departments, county cases forwarded from local courts, and/or other criminal data kept by the state.

J. NAME AND ADDRESS TRACE

To reveal all names associated with applicant’s social security number, past and present addresses, and any suspected fraudulent use of a social security number. Addresses supplied by the applicant can be crossed-referenced to ensure the integrity of the information listed on the job application.

K. SEX OFFENDER REGISTRY CHECK

The Sex Offender Registry check must provide information regarding felony and misdemeanor convictions of any sexual assault, aggravated sexual assault, aggravated criminal sexual contact, and/or kidnapping. Reports must offer the offense date, charge and offense classification, as well as additional identifiers if available. Individuals in these registries are required to register in the state in which they reside. Contractor can search a single state or conduct a National Sex Offender Registry search. State policies vary and may only provide information on high risk/repeat offenders.

L. SOCIAL SECURITY NUMBER (SSN) VALIDATION

Verification of SSN to determine name and name variations used by the individual such as maiden, divorced or previous names; other names associated with that SSN, current and former address(es) associated with that SSN, and date of birth. SSN traces may be conducted for up to (3) names within the past seven (7) years for the State of Residence provided by the job applicant.

M. DISCIPLINARY BOARD FINDINGS

Approved by OHR on a case-by-case basis the contractor must be able to provide any Disciplinary Board findings pertaining to the applicants employment, education, and other relevant information.

N. PROTECTIVE ORDER/PROTECTION ORDER

Checks for existing Protective Order for or against the applicant must provide information regarding the type of order, start and end dates, and all other restrictions pertaining to the order.

O. PREVIOUS ADDRESS SEARCH COVERING A PERIOD OVER THE LAST 7 YEARS

To reveal all addresses associated with the applicant’s social security number for the last seven (7) years. Addresses should be crossed-reference to ensure the integrity of application information.

P. CONTRACTOR WILL CONDUCT MANUAL DOUBLE CHECKS FOR DATE OF BIRTH ON APPLICATIONS.

Contractor must manually verify the date of birth on all request for identity exactness of applicants.

7. CONTRACTOR/SUBCONTRACTORS ASSURANCES

The Contractor warrants that the background verification services performed shall not infringe on or violate the rights of any third party. Contractor shall comply with all applicable federal, state, and local laws, ordinances, codes, and regulations. Including, and without limitation to the Fair Credit Reporting Act, the Fair and Accurate Credit Transaction Act (FCRA), the Gramm-Leach-Bliley Act, the Federal Drivers Privacy Protection Act (DPPA), Title VII of the Civil Rights Act of 1991, and the Fair Labor Standards Act.

a) In accordance with the FCRA, OHR warrants that the Contractor/Subcontractor shall not request or procure any background verification service for employment purposes unless, and on each occasion the applicant has electronically acknowledged and/or e-signed the appropriate summary of rights, disclosures, and authorization. OHR will obtain a signed authorization from the applicants authorizing the investigative background check and reports before using the contractor’s website.

8. The Contractor agrees that L&I shall NOT be responsible for any additional costs or expenses incurred by Contractor in the performance of work described in this sample contract, which includes but is not limited to travel, lodging, meals, and other miscellaneous expenses otherwise incurred by the Contractor. Compensation for a deliverable shall be up to but shall not exceed the budgeted cost for a deliverable regardless of hours worked or other expenses related to a deliverable. Any variance shall be justified to L&I's Contract Manager who shall have discretion to approve/disapprove compensation for that such variance. In the event additional funds become available, any contract awarded, may be renegotiated to provide for additional services, implementation, etc. subject to satisfactory completion of a previous phase.

9. Contractor shall provide services consistent with its Subcontractor Inclusion Plan with invoices submitted to L&I as outlined in Contractor’s Subcontractor Inclusion Plan (if applicable). See also Billing Procedures, and, Attachment D, Periodic Performance Report.

Contractor’s Client Engagement Manager shall review and work with L&I’s Contract Manager to…