RFQQ PO250008 Electronic Monitoring .pdf

RFQQ PO250008 Electronic Monitoring for CTS LH Changes and FFP

COMPETITIVE SOLICITATION

REQUEST FOR QUOTATION(S) (RFQ)

Requisition Number Title Bid Due Date PR2250008 Electronic Monitoring for

Community Transition Services and Functional

Family Parole

March 7, 2025 2:00 pm

Purchasing Coordinator: Karena McGovern Email: karena.mcgovern@dcyf.wa.gov

Solicitation and Amendments will be posted on WEBS: WEBS Website: https://fortress.wa.gov/ga/webs/

Applicable WEBS Commodity Codes: 915-070 Monitoring Services: Parolee, Patient, Convict, etc.

Additional Resource: Washington APEX Accelerator (formerly Washington PTAC) website:

www.washingtonapex.org

1. ANNOUNCEMENT AND SPECIAL INFORMATION

Bidders are required to read and understand all information contained within this entire quote package.

The Department of Children, Youth and Families (DCYF) reserves the right to reject bids that propose alternate or additional terms and conditions or in formats other than this document.

Upon release of this RFQQ, all parties must direct all communications concerning this RFQQ to the Purchasing Coordinator listed above. DCYF may disqualify any Bidder who communicates to anyone besides the Purchasing Coordinator.

DCYF considers all oral communication unofficial and non-binding on DCYF. Bidders should rely only on written statements issued by the Purchasing Coordinator.

BIDDERS MUST SUBMIT BIDS VIA EMAIL DIRECTLY TO THE PURCHASING COORDINATOR LISTED

ABOVE

PLEASE NOTE: EMAIL SUBMISSIONS SHOULD HAVE PR250008 – Electronic Monitoring for CTS IN THE

SUBJECT LINE.

2. AUXILIARY AIDS AND SERVICES FOR AMERICAN WITH DISABILITIES ACT (ADA)

DCYF will provide access to this Solicitation Document to individuals with disabilities. Please contact the DCYF Purchasing Coordinator to request auxiliary aids and services.

If an individual believes that the Department has discriminated based on a disability, please contact the DCYF Purchasing Coordinator.

mailto:karena.mcgovern@dcyf.wa.gov https://fortress.wa.gov/ga/webs/ http://www.washingtonapex.org/

3. TABLE OF CONTENTS

1. Announcement and Special Information

2. Auxiliary Aids and Services

3. Table of Contents

4. Solicitation Overview

A. Purpose of RFQQ B. Bidder Information

5. Explanation of Process

A. RFQQ Schedule B. Amendment, Cancellation, and Reissuance of Solicitation C. Minimum Qualifications

D. Questions and Answers E. Bidder Complaints F. Quote Submittals G. Withdrawal of Bids H. Evaluation & Notice of Award I. Small and Diverse Businesses J. Procurement Priorities and Preferences K. Bidder Debriefing Conferences L. Bidder Protests M. Issuing Purchase Order

6. Product Specifications

A. Specifications and Pricing B. Funding C. Quality Standards

7. General Provisions

A. Nondiscrimination B. Conflict and Severability C. Personal Liability D. Taxes, Fees and Licenses E. Prevailing Wage

F. Wage Theft Prevention G. Wage Violations H. Pay Equality I. Worker’s Rights J. Insurance K. Public Disclosure

4. SOLICITATION OVERVIEW

A. PURPOSE OF RFQQ

The purpose of this RFQQ is to purchase and provide all labor and materials necessary to provide state of the art electronic monitoring technology for DCYF/JR young people participating in Community Transition Services (CTS) and Functional Family Parole (FFP). CTS is a legislatively mandated program that is JR’s least restrictive option for eligible young people to complete their residential obligation in the community while on electronic monitoring for up to the last 18 months of their sentence. FFP is a parole aftercare model that provides therapeutic supports, supervision conditions, and community navigation for JR young people who qualify for this service.

DCYF, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in DCYF procurements as contractors and as subcontractors to awarded Bidders. See, e.g., RCW

39.19 (OMWBE certified businesses); RCW 43.60A.200 (DVA certified veteran-owned businesses); and RCW

39.26.005 (Washington Small Businesses).

In support of the state’s economic goals and to support a diverse supplier pool, DCYF has established the following voluntary numerical goals for DCYF Competitive Solicitations:

▪ Ten percent (10%) Office of Minority and Woman-Owned Businesses;

▪ One percent (1%) Veteran-Owned Businesses; and

▪ Twenty percent (20%) Washington Small Businesses.

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

B. BIDDER INFORMATION

Bidder further offers to furnish materials, equipment, or services in compliance with all terms, conditions, and specifications herein including all amendments. Submitting this document constitutes complete understanding and compliance with the terms and conditions and certifies that all-necessary facilities and personnel are available and established at the time of bid submittal.

The Apparent Successful Bidder (ASB) will be expected to enter into an agreement which is substantially the same as the sample purchase order and its standard terms and conditions attached as Exhibit A. In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation.

Prior to award of a contract, Bidder may be required to register with the Statewide Payee Desk.

5. EXPLANATION OF PROCESS

A. RFQQ SCHEDULE

The RFQQ Schedule set forth below outlines the tentative schedule for important events relating to this Solicitation. Except as modified in an Amendment issued by the Solicitation Coordinator, the dates and times listed through the date of response submission are mandatory deadlines. The remaining dates are estimates and may change without the posting of an Amendment. It is the Bidder’s sole responsibility to periodically check WEBS at https://fortress.wa.gov/ga/webs/ for RFQQ amendments. Failure to meet the response deadline will result in Bidder disqualification.

https://app.leg.wa.gov/RCW/default.aspx?cite=39.19 https://app.leg.wa.gov/RCW/default.aspx?cite=39.19 https://app.leg.wa.gov/RCW/default.aspx?cite=43.60A.200 https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.005 https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.005 http://des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx

RFQQ Schedule

Action Item Date & Time

(Pacific Time Zone)

1. DCYF Posts RFQQ on WEBS https://fortress.wa.gov/ga/webs/ January 22, 2025

2. Bidder Written Questions must be submitted no later than January 30, 2025 at 2:00 pm

3.

DCYF Responds to Bidder(s) Written Questions https://fortress.wa.gov/ga/webs/

February 3, 2025

4. Bidder Complaints must be submitted no later than March 27, 2025 at 2:00 pm

5. Bidder Electronic (Emailed) Quotes must be submitted no later than March 7, 2025 at 2:00 pm

6. Oral Presentations (Demo) March 10, 2025

7. DCYF Evaluates Proposals March 11, 2025

8. DCYF Announcement of Apparent Successful Bidder via email. March 13, 2025

9.

Bidder Request for Debriefing Conference must be submitted no later than

March 18, 2025 at 2:00 pm

10. Bidder Debriefing Conferences (as necessary) March 21, 2025

11. Bidder Protest must be submitted no later than March 28, 2025 at 2:00 pm

12. DCYF Issues WEBS “Notice of Award” and Purchase Order (PO) March 28, 2025 (If no protests are submitted)

B. AMENDMENT, CANCELLATION AND REISSUANCE OF SOLICITATION

a. DCYF may amend or cancel or reissue this Solicitation at any time, in whole or in part, prior to execution of a

Purchase Order.

b. DCYF may reject all Bids and cancel or rebid this Solicitation. In the event it becomes necessary to revise any part of this RFQQ, an Amendment will be provided to all who receive the RFQQ. All Amendments and notifications of cancellation shall be posted on WEBS.

c. In the event of a conflict between Amendments or between an Amendment and this Solicitation Document, the document issued latest shall control.

C. MINIMUM QUALIFICATIONS

Bidder must meet the following minimum qualifications:

a. They are either currently licensed to do business in the State of Washington or is committed to becoming licensed within 30 days of being announced as the Apparently Successful Bidder.

b. Provide after-hours monitoring (5:00 pm PST to 8:00 am PST).

c. Provide wrist-worn devices.

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

D. QUESTIONS AND ANSWERS

a. Bidders may send written questions concerning this RFQQ to the Purchasing Coordinator by the date and time set forth on the RFQQ Schedule (Section 5.A) for submission of Questions. Questions should be sent via email and should include the PR number (PR250008) and title of this RFQQ in the subject line.

b. DCYF will document all questions received in writing by posting an Amendment to the Solicitation on WEBS.

Only Bidders who have properly registered and downloaded the original Solicitation directly via the WEBS system at https://fortress.wa.gov/ga/webs/ will receive notification of Amendments and other correspondence pertaining to this Solicitation.

c. DCYF considers all oral communication unofficial and non-binding on DCYF. Bidders should rely only on written statements issued by the Purchasing Coordinator.

E. BIDDER COMPLAINTS

a. DCYF provides prospective Bidders a period of time to voice Complaints about this Solicitation in order to promote a transparent, fair, and competitive process. Prospective Bidder must provide complaints to the Purchasing Coordinator, in writing, by the date and time set forth on the RFQQ Schedule (Section 5.A) for submission of Complaints. The Complaint must clearly articulate the basis for the Complaint and should include a proposed remedy. Complaint topics are inclusive of:

(1) Unnecessary restricts competition;

(2) Contains an unfair or flawed evaluation/scoring process; or

(3) Inadequate or insufficient requirements so a response is difficult to prepare.

b. Complaints raised in communication with the Coordinator will be documented and responded to in written form. A copy of the Complaint and response will be posted on WEBS. The DCYF decision regarding a Complaint is final and no further administrative appeal is available. The Complaint may not be raised again during the Protest period.

F. QUOTE SUBMITTALS

Bidders must complete the sections in the Product Specifications (Section 6), and e-mail Section 6, bid quotes and Attachments B, C, C1, and C2 by the date and time specified in the RFQQ Schedule (Section 5.A). Each attachment represents a separate section of the response so send as separate documents. Bidders are responsible for allowing sufficient time to ensure timely receipt by the Purchasing Coordinator. DCYF shall consider all Bidder e-mails and files received after the bid due date and time as a late bid. Bidders assume all risk for the method of delivery.

Prices quoted are to include all equipment, materials, delivery/shipping (FOB Destination), and labor charges (if applicable). There will be no additional charges allowed. The prices listed below are to be all inclusive of expenses related to this bid.

Attachment B - Certifications and Assurances (Required)

All Bidders must submit a completed Certifications and Assurances in the form and with the minimum contents set forth on Attachment B, which must include all of the required acknowledgments and information. The Certifications and Assurances must be signed by an individual authorized to bind the Bidder contractually.

Attachment B-1 Bidder Small Business Self Certification (Required to Receive Preference Points as a Small Business)

Attachment C - Administrative Response Form (Required-Pass/Fail)

All Bidders must submit a completed Administrative Response Form set forth on Attachment C.

Attachment C1 – Bidder Response (Required-Scored)

The Bidder Response Form is posted separately from this Solicitation Document in Microsoft Word format.

Except for limits that are noted on the Bidder Response Form, Bidders may utilize as much space as is reasonably required to respond to each question, provided all questions are repeated and remain numbered and ordered as set forth in Attachment C1. Bidders should not submit product brochures, white papers, and customer testimonials, cut sheets, or other pre-prepared materials in response to any of the questions.

Use of Attachment C1 assures that Bidders respond to specific questions in space immediately below those questions and helps to avoid confusion among Evaluators about the question that is being responded to. Failure to use the form set forth on Attachment C1, and failure to respond to all questions and/or failure to submit any documents requested in the Bidder Response Forms may result in Bidder’s disqualification.

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

If Bidder is awarded a Contract, DCYF may require the Bidder Response Form C1 to be incorporated, in whole, into the Contract by reference.

Attachment C2 Cost proposal (Excel Budget) (Required/Scored)

G. WITHDRAWAL OF BIDS

After a Bid has been submitted, Bidders may withdraw a Bid from consideration at any time up to the Bid due date and time specified in the RFQQ Schedule (Section 5.A). A Bidder must submit to the Purchasing Coordinator a written request signed by an authorized representative of the Bidder. After withdrawing a previously submitted Bid from consideration, the Bidder may submit another Bid at any time up to the Bid due date and time.

H. EVALUATION & NOTICE OF AWARD

The Bidder that receives the highest total number of possible points will be considered the ASB (Apparent Successful Bidder) based on the evaluation and award criteria established herein and subject to consideration of all factors identified in RCW 39.26.160.

a. Determination of Responsibility

DCYF may make reasonable inquiry to determine the Responsibility of any bidder. DCYF requests for information shall be related to one or more of the following factors:

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

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

• Whether the Bidder can perform the contract within the time specified;

• The quality of performance of previous contracts or services;

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

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

DCYF may, in its sole discretion, consider Bidder’s failure to respond to any request for information as sufficient to deem Bidder nonresponsive.

b. Minor Irregularities

DCYF may waive minor administrative irregularities related to any Bid.

c. Evaluation of Criteria and Scoring of Responses

Following the administrative review, Responsive Bids will be evaluated using the following weighting and points:

Electronic Monitoring for CTS and FFP

Technical and Management Response 80% 100 points

Oral Presentations (Demo) 10% 10 points

Cost Proposal Response 10% 10 points

Sub-Total for Written Evaluations 100% 120 Points

Executive Order 18-03 Certification 7% 5 points

Electronic Products Evaluation 7% 5 points

Washington Small Business 13% 10 points

Veteran-Owned Business 13% 10 points

Sub-Total – Preference Points 39% 30 Points

Total 140% 140 Points

d. The score for the Cost Proposal will be computed as follows

• Proposed contractor costs will be calculated by dividing the lowest amount bid by the amount bid in the

Bidder’s Cost Proposal and multiplying that percentage against the total points available for the Cost

Proposal, rounded to the nearest tenth of a point.

DCYF reserves the right to award the contract to the Bidder whose proposal is deemed to be in the best interest of DCYF and the State of Washington.

No MWBE preference will be included in the evaluation of bids/proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award and bids/proposals will not be rejected or considered non-responsive on that basis.

e. WRITTEN EVALUATION PROCEDURE

• Responsive Bids will be evaluated strictly in accordance with the requirements stated in this Solicitation and any Amendment issued. The evaluation of Bids shall be accomplished by an evaluation team designated by the DCYF, which will determine the ranking of the Bids.

f. ORAL PRESENTATIONS (Demo) (Required-Scored)

• Demonstrations will be scheduled on the date specified in the RFQQ Schedule (Section 5.A).

Bidder must contact the Purchasing Coordinator to schedule a time for their presentation. The presentation shall take no more than one hour. The presentation will be virtual. Any bidder who does not schedule a presentation will be considered unresponsive for this solicitation.

• Commitments made by the Bidder at the oral interview, if any, will be considered binding.

• The score from the oral presentation will be added to the written score to determine the ASB.

g. DCYF Rights Reserved

Pursuant to RCW 39.26.160(1) (a), after bids that are submitted in response to this RFQQ are reviewed, DCYF may:

• Reject all bids and rebid or cancel the RFQQ;

• Request best and final offers from Responsive and Responsible bidders; or

• Award the purchase or contract to the lowest Responsive and Responsible bidder.

Pursuant to RCW 39.26.160(1) (b), DCYF may award one or more contracts from this RFQQ.

DCYF may choose to award this RFQQ on an "all or nothing" basis or to accept any portion of the items bid, excluding others; whichever is in the best interest of DCYF.

h. Notices

Bidders whose bids are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

DCYF shall not give Award results over the phone. DCYF shall make scoring and evaluation information available once the Apparent Successful Bidder is notified. Scoring and evaluation materials can be obtained through the Purchasing coordinator by written request.

I. SMALL AND DIVERSE BUSINESSES

DCYF in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See, e.g., RCW

39.19 (OMWBE certified businesses); RCW 43.60A.200 (WDVA certified veteran-owned businesses); and RCW

39.26.005 (Washington small businesses). In support of the state’s economic goals and to support a diverse supplier pool.

a. Office of Minority and Women’s Business Enterprises (OMWBE) Participation

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

http://omwbe.wa.gov/

b. Washington State Small Business Participation

In accordance with the legislative findings and policies set forth in Chapter 39.26 RCW, the State of Washington encourages participation in all of its Contracts by Bidders defined as a Small Business.

Participation may be either on a direct basis in response to this Solicitation or on a Subcontractor basis.

Bidder is a Washington Small Business as defined in RCW 39.26.010. To qualify as a Washington Small Business, Bidder must meet both of the following requirements:

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

Size. Bidder must be owned and operated independently from all other businesses and have either: (a) fifty

(50) or fewer employees; or (b) gross revenue of less than seven million dollars ($7,000,000) annually as reported on Bidder’s federal income tax return, or its return filed with the Washington State Department of Revenue over the previous three consecutive years.

c. Certified Veteran-Owned Business Participation

In accordance with the legislative findings and policies set forth in Chapter 43.60A.200 RCW, the State of Washington encourages participation in all of its Contracts by firms certified by the Department of Veterans’ Affairs (DVA).

Bidder is a Certified Veteran-Owned Business under RCW 43.60A.190. To qualify as a Certified Veteran- Owned Business, Bidder must meet four (4) requirements:

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

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

A person who is in receipt of disability compensation or pension from the Department of Veterans Affairs;

or

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

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

j. PROCUREMENT PRIORITIES AND PREFERENCES.

DCYF will apply the following Priorities and Preferences, as set forth in this RFQQ.

Evaluation for Executive Order 18-03 (Contractors without Mandatory Individual Arbitration for

Employees)

Pursuant to the Washington State Governor’s Executive Order 18-03 (dated June 12, 2018), DCYF 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.

Washington Small Business

DCYF will evaluate bids for best value and will provide a bid preference in the amount of ten percent (10%) to any

Bidder who certifies, pursuant to Attachment C and Attachment B.1 – Bidder’s Washington Small Business

Certification, that Bidder qualifies as a ‘Washington Small Business’ as set forth in Section I.b. above.

Certified Veteran-Owned Business

DCYF will evaluate bids for best value and will provide a bid preference in the amount of ten percent (10%) to any

Bidder who certifies, pursuant to Attachment C – Bidder’s Response, that Bidder qualifies as a ‘Veteran-Owned

Business as set forth in Section I.c. above. Bidder must provide certification documentation to the Washington

Department of Veterans Affairs (WDVA) and be certified by DVA and listed as such on DVA’s website (WDVA –

Veteran-Owned Businesses).

Evaluation of Electronic Products

Electronic products bid that have achieved EPEAT Silver or Gold Standard shall receive 7% percent preference

[minimum of 5%]. If no EPEAT registered electronic product exists that meets the specific performance needs, the agency shall apply a 0% percent preference.

K. BIDDER DEBRIEFING CONFERENCES

After DCYF announces the ASB, all Bidders may request a debriefing conference by submitting an e-mail request to the Purchasing Coordinator. Bidders must submit all requests by the date and time specified in the RFQQ Schedule (Section 5.A).

DCYF will hold Debriefing Conferences on the date and time specified in the RFQQ Schedule (Section 5.A). At DCYF’s option, DCYF may conduct a Debriefing Conference either in person or by telephone and are limited to a maximum of 30 minutes in length.

Discussion at the debriefing conference will be limited to the scoring and/or placement of the Bidder. The conference shall not include a comparison of other bids.

Failure to request and participate in a Debriefing Conference waives the Bidder’s right to Protest.

L. BIDDER PROTESTS

This protest procedure is available to Bidders who submitted a response to this Solicitation and have received a Debriefing conference. Protests can be made to DCYF after DCYF has announced the ASB. Bidder protests shall be received, in writing by email, to Purchasing Coordinator no later than 2:00 p.m. (Pacific Time) within five

(5) business days after the Bidder Debriefing conference.

a. A Bidder may only Protest based on the following grounds:

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

• Errors in computing the scores; or

• Non-compliance with procedures described in the RFQQ.

Protests not based on these criteria will not be considered.

b. Protest Form, Content, and Submittal

Bidders must submit a Protest in writing, signed by a person authorized to bind the Bidder to a contractual relationship.

At a minimum, a Bidder’s Protest must include:

• The Bidder’s name, mailing address, phone number, and the contact person’s name;

• The RFQQ number and title;

• The grounds for the Protest, along with the facts supporting the grounds;

• Description of the relief or corrective action requested.

Bidders must attach any documentation they want DCYF to consider in making the determination of the Protest.

c. DCYF Protest Determination

DCYF will send the Bidder a written decision within five (5) business days after DCYF receives the Protest, unless more time is required to review the Protest and make a determination. DCYF will notify the protesting Bidder if additional time is necessary.

DCYF will make a final determination of the Protest and will either determine to deny the Protest or consider the Protest to be warranted. The Protest shall be considered warranted only if the protested grounds influenced the outcome of the RFQQ to the detriment of the Bidder.

If the Protest is warranted, DCYF will take one or more of the following actions:

• Correct any errors and re-evaluate all Quotes affected by the errors;

• Cancel the solicitation and reissue the RFQQ document;

• Take such other action as may be appropriate.

M. ISSUING PURCHASE ORDER

a. DCYF will issue a purchase order to the ASB after all applicable deadlines for debriefing conferences and protests run, all requested debriefing conferences are held, and all determinations on all protests are made.

b. If the ASB fails to respond or begin work in a timely enough manner to complete the project on time, DCYF may elect to designate the next lowest bidder as the ASB.

6. PRODUCT SPECIFICATIONS

A. SPECIFICATIONS AND PRICING

BIDDER MUST COMPLETE AND SUBMIT Attachment C2 Cost Proposal and a draft ESTIMATE, incorporating items from the following, table from the Company.

Req.

Item

Description Qty Unit Unit Price

Total Price

One time install, training and implementation Fee (per site).

This includes install, training, and implementation for initial site. Includes 24 hours of on-site training.

Additional Training

Per Unit or Monthly Tiered Rate

Allows for agency issued secure smartphone to be issued to Program members.

Dashboard: Access for all staff assigned to the program.

Smartphone: Up to 100% of all Program members.

Wrist-worn unit: Up to 100% of all Program members.

After Hours (Call Center) Monitoring 5:00 pm PST to 8:00 am PST.

Shelf Cost

Shipping and Receiving

Each

Hour

Each

Subtotal $

Evaluation Net 30 days Prompt Payment Discount: %

* Prompt payment discount of 20 days or less will be considered for evaluation purposes: D ays

Evaluation Total (before sales tax) $

B. FUNDING

a. The overall budget for this project shall not exceed ($310,000) over a five-year timeframe. Bids in excess of $310,000 may be rejected as non-responsive and may not be evaluated.

b. Any Contract(s) awarded as a result of this Solicitation is contingent upon the availability of funding.

c. DCYF will incorporate the Apparent Successful Bidder’s (ASB) estimate into the Purchase Order.

C. QUALITY STANDARDS

Specifications that include a brand/trade name are only intended to establish a standard of quality against which other brands will be evaluated. Product and service specifications contained in this solicitation are intended solely to clearly describe type, quality, performance and use, and are not intended to be restrictive. So as not to misrepresent the requirements of this solicitation, brand/trade references other than those specified will be considered on the basis of whether products and services bid are at least equal to the quality, performance and use of the standard of quality identified in the solicitation.

Bidder shall submit complete documentation with bid sufficient to establish all products and services bid are at least equal in quality, performance and use to the standard of quality identified in the solicitation. Failure to do so may result in rejection of the bid as being non-responsive.

By submitting a bid, bidder expressly warrants all products and services bid are at least equal in quality, performance and use to the standard of quality identified in the solicitation. Any bid containing a brand that is not of equal quality, performance and use to the standard of quality identified in the solicitation shall be rejected as non-responsive.

7. GENERAL PROVISIONS

A. NONDISCRIMINATION

a. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.

b. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington State agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).

c. Default. Notwithstanding any provision to the contrary, DCYF may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until DCYF receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), DCYF may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.

d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. DCYF shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe DCYF for default under this provision.

B. CONFLICT AND SEVERABILITY

Conflict: In the event of conflict between this RFQQ and applicable laws, codes, ordinances or regulations, the most stringent or legally binding requirement shall govern and be considered a part of this RFQQ to afford the state maximum benefits.

Severability: Any provision of this RFQQ found to be prohibited by law shall be ineffective to the extent of such prohibition without invalidating the remainder of the RFQQ.

C. PERSONAL LIABILITY

It is agreed by and between the parties hereto that in no event shall any official, officer, employee or agent of the State of Washington when executing their official duties in good faith, be in any way personally liable or responsible for any agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.

D. TAXES, FEES AND LICENSES

Taxes:

Where required by statute or regulation, the Contractor shall pay for and maintain in current status all taxes that are necessary for Contract performance. Unless otherwise indicated, the Purchaser agrees to pay State of Washington taxes on all applicable materials, supplies, services and/or equipment purchased. No charge by the Contractor shall be made for federal excise taxes and the Purchaser agrees to furnish Contractor with an exemption certificate where appropriate.

Collection of Retail Sales and Use Taxes:

In general, Contractors engaged in retail sales activities within the State of Washington are required to collect and remit sales tax to Department of Revenue (DOR). In general, out-of-state Contractors must collect and remit “use tax” to Department of Revenue if the activity carried on by the seller in the State of Washington is significantly associated with Contractor’s ability to establish or maintain a market for its products in Washington State.

Examples of such activity include where the Contractor either directly or by an agent or other representative:

1. Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business;

2. Maintains an in-state inventory or stock of goods for sale;

3. Regularly solicits orders from Purchasers located within the State of Washington via sales representatives entering the State of Washington;

4. Sends other staff into the State of Washington (e.g. product safety engineers, etc.) to interact with

Purchasers in an attempt to establish or maintain market(s); or

5. Other factors identified in WAC 458-20 .

Department of Revenue Registration for Out-of-State Contractors:

Out-of-state Contractors meeting any of the above criteria must register and establish an account with the Department of Revenue. Refer to WAC 458-20-193, and call the Department of Revenue at 800-647-7706 for additional information. When out-of-state Contractors are not required to collect and remit “use tax,” Purchasers located in the State of Washington are responsible for paying this tax, if applicable, directly to the Department of Revenue.

E. PREVAILING WAGE

In compliance with RCW 49.28, Contractor agrees that no worker, laborer, or mechanic in the employ of the Contractor or subcontractor shall be permitted or required to work more than eight (8) hours in any one calendar day, or forty (40) hours in any one calendar week, provided that in cases of extraordinary emergency such as danger to life or property, the hours of work may be extended but in such cases the rate of pay for time employed in excess of the above shall be at the prevailing overtime rate of pay. Except, contracts will not require the payment of overtime rates for the first two hours worked in excess of eight (8) hours per day when the employer has obtained the employee’s agreement (as defined in WAC 296-127-022) to work a four-day, ten-hour work week.

This bid is subject to prevailing wage requirements (reference RCW 39.12 and WAC 296-127). Wages to be paid workers, laborers or mechanics, pursuant to this contract shall not be less than the prevailing rate of wage in the same trade or occupation in the locality within the state where the labor is performed. By submission of a properly signed and completed bid, bidder agrees to comply with all provisions of these chapters.

http://dor.wa.gov/ http://dor.wa.gov/ http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20 http://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-193

If the contract is extended by an amendment, provide DCYF with an approved Affidavit of Wages Paid for the original contract period, and a new approved Intent to Pay Prevailing Wages for the extended contract period.

Please contact L&I to get the Affidavit of Wages Paid form. If there are questions about either of these forms, please call L&I at 360-902-5335. For quicker results (approximately 24 hours versus many days), and to save you time and postage, you can access and fill out these forms online.

F. WAGE THEFT PREVENTION

Bidder certifies that Bidder has not, within the three (3) year period immediately preceding the date of release of this Competitive Solicitation, been determined by a final and binding citation and notice of assessment issued by the state of Washington Department of Labor and Industries or through a civil judgment to have willfully violated state minimum wage laws (RCW 49.38.082; Chapters 49.46 RCW, 49.48 RCW, or 49.52 RCW). Bidder attests under penalty of perjury that the foregoing statement is true and correct. Bidder must submit, Attachment B, attached hereto and incorporated herein as though set forth in full.

G. WAGE VIOLATIONS

Contractor represents and warrants that, during the term of this Contract and the three (3) year period immediately preceding the effective date of this Contract, it is not determined, by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction, to be in willful violation of any provision of Washington State wage laws set forth in RCW Chapters 49.46, 49.48, or 49.52. For purposes of this Section and pursuant to RCW

49.48.082 as now or hereafter amended, “willful” shall mean a knowing and intentional action that is neither accidental nor the result of a bona fide dispute, as evaluated under the standards applicable to wage payment violations under RCW 49.52.050(2).

H. PAY EQUALITY

Contractor represents and warrants that, as required by Washington State law (Laws of 2019,Chap. 415, §225(4)(f)), during the term of this Contract the Contractor agrees to equality among its workers by ensuring similarly employed individuals are compensated as equals.

a. For purposes of this Section, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed.

b. For purposes of this Section, the Contractor may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels.

1. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience, that is: consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential.

2. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential.

I. WORKER’S RIGHTS

Pursuant to the Washington State Governor’s Executive Order 18-03 (dated June 12, 2018), DCYF 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.

J. INSURANCE

The Contractor shall at all times comply with the following insurance requirements:

a. General Liability Insurance

The Contractor shall maintain Commercial General Liability Insurance, or Business Liability Insurance, including coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate - $2,000,000. The policy shall include liability arising out of premises, operations, independent contractors, products-completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, Department of Social & Health Services (DCYF), its elected and appointed officials, agents, and employees of the state, shall be named as additional insured’s.

In lieu of general liability insurance mentioned above, if the contractor is a sole proprietor with less than three contracts, the contractor may choose one of the following three general liability policies but only if attached to a professional liability policy, and if selected the policy shall be maintained for the life of the contract:

Supplemental Liability Insurance, including coverage for bodily injury and property damage that will cover the contractor wherever the service is performed with the following minimum limits: Each Occurrence - $1,000,000;

General Aggregate - $2,000,000. The State of Washington, Department of Social & Health Services (DCYF), its elected and appointed officials, agents, and employees shall be named as additional insured’s.

b. General

By requiring insurance, the State of Washington and DCYF do not represent that the coverage and limits specified will be adequate to protect the Contractor. Such coverage and limits shall not be construed to relieve the Contractor from liability in excess of the required coverage and limits and shall not limit the Contractor’s liability under the indemnities and reimbursements granted to the State and DCYF in this Contract. All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the State.

K. PUBLIC DISCLOSURE

Materials submitted in response to this Solicitation shall be deemed public records as defined by RCW 42.56. All responses and accompanying documentation shall become the property of DCYF upon receipt and will not be returned.

If DCYF receives a request to view or copy a Bidder’s response, DCYF will respond according to applicable law and DCYF’s policy governing public disclosure.

BID SUBMISSIONS AND BID EVALUATIONS ARE EXEMPT FROM DISCLOSURE UNTIL DCYF

ANNOUNCES THE ASB

i. DCYF will consider a Bidder’s request for exemption from disclosure; however, the DCYF will make a decision predicated upon Chapter 42.17 RCW and Chapter 136-06 of the Washington Administrative

Code. Marking the entire Bid exempt from disclosure will not be honored. The Bidder must be reasonable in designating information as confidential. If any information is marked as proprietary in the Bid, such information will not be made available until the affected proposer has been given an opportunity to seek a court injunction against the requested disclosure.

ii. A charge may be made for copying and shipping, as outlined in RCW 42.17.300. No fee shall be charged for inspection of Contract files, but twenty-four (24) hours’ notice to the Coordinator is required. All requests for information should be directed to the DCYF Public Records Office at https://www.dcyf.wa.gov/public-records.

https://www.dcyf.wa.gov/public-records