RFQQ#2513-872 Dementia Legal Planning.pdf

Competitive Solicitation #2513-872 Updated Form 2/21/2025

E

Responses must be submitted to Nicole Kahle, Coordinator, Department of Social and Health Services; Facilities, Finance and Analytics Administration;

Central Contracts and Legal Services Email: Nicole.kahle@dshs.wa.gov

Solicitation and Amendments will be posted on:

DSHS Procurement Website: https://www.dshs.wa.gov/ffa/procurements-and-contracting

WEBS Website: https://pr-webs-vendor.des.wa.gov/ Applicable WEBS Commodity Codes: 952-43, 918-74, 961-49, 924-18

Auxiliary Aids and Limited English Proficient (LEP) Services:

DSHS will provide access to this Solicitation document to individuals with disabilities and Limited English Proficient individuals. Please contact the Coordinator to request auxiliary aids and services.

Solicitation Schedule

Event Date and Time

DSHS posts Competitive Solicitation. 3/26/2025

Pre-Bid Conference at 11 a.m. Pacific Time.

Link

4/4/2025

Bidder questions are due by 3 p.m. Pacific Time. 4/8/2025

Proposals are due by 3 p.m. Pacific Time. 5/1/2025

Anticipated Contract Executed start date. 7/1/2025

Estimated Contract Performance Period 7/1/2025 – 6/30/2029

REQUEST FOR PROPOSALS

NO. 2513-872

Title: Dementia Legal Planning Program

DSHS Administration:

ALTSA

mailto:Nicole.kahle@dshs.wa.gov https://www.dshs.wa.gov/ffa/procurements-and-contracting https://pr-webs-vendor.des.wa.gov/

TABLE OF CONTENTS

Section A. Contract Requirements

Section B. Definitions

Section C. Explanation of Solicitation Process

Section D. Instructions Regarding Content, Format and Submission of Response…..

Section E. Evaluation of Responses

Section F. Debriefing and Protest Procedure

Section G. Contracting Procedures

Attachments:

Attachment A: Sample Contract Attachment B: Sample Bid Submission Letter Attachment C: Bidder Certifications and Assurances Attachment D: Bidder Response Form Attachment E: Contractor Inclusion Plan

SECTION A

CONTRACT REQUIREMENTS

1. Purpose

This competitive Solicitation is issued to assist the Aging and Long-Term Support Administration (ALTSA), Home and Community Services Division (HCS) of the Washington State Department of Social and Health Services (DSHS) in seeking qualified Contractor(s) for the Dementia Legal Planning program which aims to promote early legal and advance care planning for dementia.

2. Background

The Dementia Action Collaborative (DAC) implements the WA State Plan to Address Alzheimer’s Disease and Other Dementias. A critical component of this plan is promoting the importance of having legal and advance care planning documents (i.e., POAs and Health Care Directives) completed prior to or soon after a dementia diagnosis, before cognitive capacity declines to the point when it is no longer possible to do so. ln 2019, the DAC, guiding and supporting implementation of the Plan, attained state funding for DSHS/Aging and Long-Term Support Administration (ALTSA) to promote early legal and advance care planning to support persons at risk of or with Dementia. This program funding is intended to disseminate targeted educational materials, coordinate attorney training, and arrange/coordinate pro bono legal services to support persons at risk of or with Dementia in legal and advance care planning efforts across the state.

Funds will be used to:

• Raise consumer awareness around the importance of early legal and advance care planning;

• Enhance attorney knowledge of dementia-related concerns by developing Continuing Legal Education programs (CLEs) for attorneys to advise and assist persons with Dementia and their family care partners; and

• Provide and facilitate the provision of pro bono legal services that support persons at risk of or with Dementia and their families in areas of legal and advance care planning.

A guiding principle of the DAC is to build upon other work or existing resources when possible. ln providing this program, the DAC envisions building upon the existing network of county-based Volunteer Lawyer Programs available to serve most areas of Washington state. In addition, the Contractor shall collaborate with and/or build upon the work of, and connections with, existing resources in the Dementia and legal aid communities. Such partnerships would include, but not be limited to ALTSA, the Alzheimer's Association, Area Agencies on Aging, Volunteer Lawyer Programs, members of the Elder Law Section of the Washington State Bar Association (WSBA), and the project team members of the DAC.

3. Project Scope

Updated Form 2/21/2025

The purpose of the Dementia Legal Planning program is to promote early legal and advance care planning for people at risk of or with Dementia by increasing awareness about the importance of such planning, providing easy access to the tools and information required to complete the tasks, providing free legal assistance as needed, and building the knowledge and capacity of legal professionals to work with this population in completing documents.

Category A: Raise Consumer Awareness: Raise consumer awareness about the importance of financial, legal and advanced care planning at the earliest opportunity in the course of memory loss and Dementia and make more readily available appropriate forms for legal and advanced care planning at no cost to consumers. Approaches will include the following:

a) DAC Dementia Legal Planning Toolkit: The specialized content for a

Dementia Legal Planning Toolkit is already developed and currently housed at the Northwest Justice Project (NJP). This Toolkit is a comprehensive resource with education, guidance, checklists and advance care planning forms and is available in print and in electronic form. The NJP is expected to be an ongoing voluntary partner in this work. The Contractor will work with NJP and DAC partners on annual updates and for the distribution of the Toolkit.

b) Conduct Community Education and Outreach: In partnership with subject matter experts who contribute time on an in-kind basis, the Contractor will offer periodic presentations and/or participate in local resource events (at least 10 per year) for governmental and/or community organizations about legal and advance care planning for persons with dementia. The purpose of the presentations and outreach events will be to prepare community organization staff (e.g., from Area Agencies on Aging, public and/or private case management, health care, other aging network partners, etc.) with information about the Dementia Legal Planning Toolkit and tips on how to help their constituents, and to encourage and assist consumers in creating and/or finalizing legal planning documents. Partners in the development and presentation of these events will include Contractor staff and representatives of legal aid and social services organizations; and may include members of the WSBA Elder Law Section, the University of Washington Memory Brain Wellness Center, and/or the Alzheimer’s Association.

Category B: Enhance Attorney Knowledge and Provide Pro Bono Legal Services:

a) Provide Education for Volunteer Lawyers: In partnership with subject matter experts who contribute time on an in-kind basis, the Contractor will offer periodic Continuing Legal Education (CLE) seminars (at least 1 per year) about legal and advance care planning for persons with dementia for the purposes of volunteer recruitment and training. Partners may include members of the WSBA Elder Law Section, the University of Washington Memory Brain Wellness Center, and/or the Alzheimer’s

Updated Form 2/21/2025

Association. These CLEs will educate lawyers on special considerations around working with persons with memory loss and/or dementia and to encourage lawyers to participate in providing pro bono services that help older adults or persons with Dementia engage in legal and advance care planning.

b) Provide Education and Awareness for Legal Professionals:

Contractor will conduct outreach and education targeting the Washington legal community (at least one event per year), in partnership with organizations like the WSBA and KCBA Elder Law Sections, minority bar associations, and local bar associations, for the purpose of increasing the familiarity and expertise of Washington lawyers with issues related to Dementia and advance planning.

c) Recruit Volunteer Attorneys: The Contractor, in partnership with existing county-based Volunteer Lawyer Programs in Washington state and other legal services providers, will recruit volunteer lawyers to provide free legal and advance care planning services for persons at risk of or with Dementia.

d) Provide Pro Bono Legal Services: The free legal and advance care planning services offered through this contract include advising and assisting clients in the completion of key legal and advance care planning documents including the following:

Power of Attorney for Finances Power of Attorney for Health Care Advance Health Care Directives, including Dementia Directives

The pro bono legal services allowable through this program will be made available statewide through collaboration with Volunteer Lawyer Programs, and accessed and delivered in a variety of ways; to include, at minimum, the availability of a dedicated phone line and website/webpage that allows consumers to become informed about and connect with the program’s pro bono legal services, and will include opportunities for the allowable direct legal services to be offered directly through the Contractor and/or through an attorney trained through the program Contractor.

The Contractor will help Volunteer Lawyer Programs develop or enhance legal and advance care planning services and/or clinics by offering training and resources, including advertising, legal forms and checklists.

Category C: Semi-Annual Report.

In preparation for submitting semi-annual reports, the Contractor will track clients served with direct legal services of document drafting (Category A “Counsel and Advice” and Category B “Limited Action” levels of service)

Updated Form 2/21/2025 and served with information and referral assistance (Category M "Community Advocacy”) i.e., codes used by all federally funded legal aid programs..

Category D: Participate in Dementia Action Collaborative (DAC): The Contractor will attend DAC meetings to gain connections, input, and dissemination support, and to provide progress reports to the group, including attending full DAC meetings (2x per year), DAC subcommittee meetings and project team calls (up to 4x per year).

4. Key Personnel

Bidder shall identify the key personnel it shall utilize in performing this Contract, and their experience and qualifications, as part of its Response. If awarded a Contract, Bidder shall not make changes to such Key Personnel during the term of the Contract except as requested or pre-approved in writing by DSHS.

Key Personnel in this Contract means the Washington licensed lawyer(s) employed by bidder.

5. Bidder Minimum Qualifications

All Bidders must meet the following minimum qualifications:

a. Personnel identified for this Contract must include a Washington licensed lawyer(s) employed by bidder.

b. Location of office is flexible (in Washington state), but Contractor must be able to provide services under this Contract in at least 25 counties across Washington state.

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

6. Period of Contract Performance

DSHS intends to award one Contract for the Services described in this Competitive Solicitation. The period of performance under the Contract shall be July 1, 2025 through June 30, 2029. The term of the Contract may be extended by amendment once (1) for up to four (4) years per amendment at the sole discretion of DSHS.

Additional services that are appropriate to the scope of this Solicitation, as determined by DSHS, may be added to the Contract in a mutually agreeable amendment.

7. Funding

DSHS has budgeted an amount not to exceed $532,000.00 for this Project. DSHS may reject any Response in excess of that amount. Any Contract awarded is contingent upon the availability of funding.

SECTION B

DEFINITIONS

Additional definitions for Contract-specific terms are found in the Sample Contract set forth as Attachment A to this Solicitation and shall apply to those terms as they are used in this Solicitation. The following terms have the meanings set forth below:

Agency or DSHS – The Washington State Department of Social and Health Services.

Amendment – A unilateral change to the Solicitation that is issued by DSHS at its sole discretion and posted on WEBS.

Apparent Successful Bidder (ASB) – A Bidder submitting a Response to this Solicitation that is evaluated, identified, and announced by DSHS as providing the best value to the Agency. Upon execution of a Contract, the ASB is referred to as the successful bidder or the Contractor.

Authorized Representative – An individual designated by the Bidder to act on its behalf who has the authority to legally bind the Bidder concerning the terms and conditions outlined in this Solicitation and related documents.

Bid - An offer, proposal or quote for goods or services and all related materials prepared and submitted by a Bidder in response to this Solicitation. The terms Bid, Quotation, Response and Proposal are all intended to mean the same thing.

Bidder – An individual, organization, public or private Agency or other entity submitting a bid, quotation, response or proposal in response to this Solicitation.

Contract – A written agreement entered into between a successful Bidder and DSHS as a result of this Solicitation.

Complaint – A process that may be followed by a Bidder prior to the deadline for bid submission to alert DSHS of certain types of asserted deficiencies in the Solicitation.

Coordinator or Solicitation Coordinator – An individual or designee who is employed by DSHS within the DSHS Central Contracts and Legal Services Office and who is responsible for conducting this Solicitation.

Debriefing – A short meeting a Bidder may request with the Coordinator following the announcement of the Apparent Successful Bidder for the purpose of receiving information regarding the review and evaluation of that Bidder’s Response.

Inclusion plan - a detailed plan showing a Bidder’s actions toward meeting Washington Small and Diverse Business goals on a specific competitive procurement.

Procurement - The broad process of identifying goods and services for purchase or acquisition, of effecting the purchase or acquisition, and of managing the purchase or acquisition. This Solicitation is a part of an overall Procurement process. Despite the broader meaning attributed to “procurement”, for purposes of this Solicitation, the terms Solicitation, RFP/RFQ/RFQQ and Procurement are interchangeable.

Updated Form 2/21/2025

Project - The undertaking or work for which contracted Services are being requested pursuant to this Solicitation.

Protest – A process that may be followed by a Bidder after the announcement of the apparent Successful Bidder to alert DSHS to certain types of alleged errors in the evaluation of the Solicitation.

RCW – The Revised Code of Washington. All references to RCW chapters or sections shall include any successor, amended, or replacement statute.

Responsible Bidder – An individual, organization, public or private Agency, or other entity that has demonstrated the capability to meet all the requirements of the Solicitation and to meet the elements of responsibility. (See RCW 39.26.160 (2))

Responsive Bidder – An individual, organization, public or private Agency, or other entity who has submitted a Bid that fully conforms in all material respects to the Solicitation and all its requirements, in both form and substance.

RFP/RFQ/RFQQ – The request for proposals, qualifications, quotations, or qualifications and quotations set forth in this Solicitation document.

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

Small Business – An in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that certifies under penalty of perjury that they are Washington Small Business as defined in RCW 39.26.010(22).

Solicitation or Competitive Solicitation – A formal process providing an equal and open opportunity for bidders culminating in a selection based upon predetermined criteria. A Competitive Solicitation requests the submission of bids, quotations, or proposals for the consideration of DSHS in contracting to meet its needs. This RFP/RFQ/RFQQ is a Solicitation.

Solicitation Document – This RFP/RFQ/RFQQ document, including all attachments and all amendments that are issued by the Coordinator.

Statement of Work – The detailed description of services to be performed by the Contractor and outlined in the Contract.

Subcontractor – An individual or other entity contracted by Bidder to perform part of the services or to provide goods under the Contract resulting from this Solicitation.

Subcontractors, if allowed, are subject to the advance approval of DSHS.

Veteran-owned business – A business that is certified by the Department of Veterans Affairs (DVA) in the state of Washington. (See RCW 43.60A.200)

WEBS – Washington’s Electronic Business Solution, the Bidder notification system found at https://pr-webs-vendor.des.wa.gov/ and maintained by the Washington State Department of Enterprise Services.

http://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160 https://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.010 https://app.leg.wa.gov/RCW/default.aspx?cite=43.60A.200

SECTION C

EXPLANATION OF SOLICITATION PROCESS

1. Solicitation Schedule

The Solicitation Schedule set forth below outlines the tentative schedule for important events relating to this Solicitation. Except as modified in an Amendment issued by the Coordinator, the dates and times listed through the Response Submission date are mandatory deadlines. The remaining dates are estimates and may change without the posting of an Amendment. Failure to meet the Response deadline will result in Bidder’s disqualification.

Item Action Date

1. DSHS posts Competitive Solicitation. 3/26/2025

2. Prospective Bidders should register as a Vendor on WEBS using one of the commodities codes on the cover page of this Solicitation as soon as possible to receive notifications.

As soon as possible

3. Pre-Bid Conference at 11 a.m. Pacific Time. 4/4/2025

4. Bidders may submit written questions or requests for change in Solicitation Requirements until 3 p.m. Pacific Time.

4/8/2025

5. DSHS posts responses to written questions. 4/15/2025

6. Bidders may submit written Complaints by 5 p.m. Pacific Time. [minimum five business days before Response is Due]

4/24/2025

7. Bidders must submit a Response by 3 p.m. Pacific Time. 5/1/2025

8. DSHS evaluates Written Responses. 5/5/2025 – 5/12/2025

9. Oral presentations, if requested by DSHS. 5/20/2025

10. DSHS announces the Apparent Successful Bidder(s) on WEBS and begins contract negotiations.

5/30/2025

11. DSHS notifies unsuccessful Bidder(s). 5/30/2025

12. Bidders may request a Debriefing conference until 5 p.m. Pacific Time.

[minimum three business days after ASB Announcement]

6/4/2025

13. DSHS holds Debriefing conferences, if requested. 6/9/2025

14. Deadline for submission of Protests by Bidders who participated in a debriefing conference.

Five business days after the date of the Debriefing:

6/16/2025

Updated Form 2/21/2025

Item Action Date

15. DSHS considers Protests, if any, and issues determination. 7/1/2025

16. Contract Execution/Start Date. 7/1/2025

2. Posting of Solicitation Documents

DSHS shall post this Solicitation, and all amendments and announcements relating to this Solicitation, on WEBS. WEBS can be accessed at: https://pr-webs-vendor.des.wa.gov/. In order to inform the largest number of potential bidders about this opportunity, DSHS shall also post documents relating to this Solicitation on the Procurements page of the DSHS website, found at:

https://www.dshs.wa.gov/ffa/procurements-and-contracting

All Bidders must register as a vendor on WEBS, using an appropriate commodities code listed on the front page of this Solicitation, and download this Solicitation from WEBS.

This should be done as soon as possible in order for Bidder to receive notifications automatically generated on WEBS, but no later than the date set forth in Section C.1., Solicitation Schedule for Announcement of the Apparent Successful Bidder(s).

3. Amendment, Cancellation/Rejection of Bids, Reissuance of Solicitation

DSHS may amend or add to, retract from or cancel this Solicitation at any time, in whole or in part, and without penalty. DSHS may reject all bids and cancel or reissue this Solicitation. All amendments and notifications of cancellation shall be posted on WEBS.

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

4. Communications regarding Solicitation

Upon the posting of this Solicitation, all communications concerning this Solicitation must be directed to the Coordinator listed on the cover page of this Solicitation document.

With the exception of the Response, which shall be submitted as provided in Section D, Instructions Regarding Content, Format and Submission of Written Responses, communications with the Coordinator should be sent via email. DSHS may disqualify any Bidder who communicates with anyone in DSHS other than the Coordinator regarding this Solicitation.

DSHS considers all oral communications unofficial and non-binding on DSHS. Bidders should rely only on written statements issued by the Coordinator. Email shall be considered an official method of communication unless otherwise specified in this document.

5. Pre-Bid Conference

Bidders are invited to attend a Pre-Bid Conference, which shall be held virtually via Teams at the date and time set forth below. The Pre-Bid Conference is an opportunity for Bidders to learn more about the conditions under which a Contract will be performed https://pr-webs-vendor.des.wa.gov/ https://www.dshs.wa.gov/ffa/procurements-and-contracting

Updated Form 2/21/2025 and to discuss the inclusion plan, especially when subcontracting opportunity may be a part of the Contract. At the Pre-Bid Conference, Bidders will have an opportunity to ask questions and to hear presentations from knowledgeable DSHS personnel. DSHS shall summarize the information shared at the Pre-Bid Conference and post that summary on the DSHS procurement web page and on WEBS as an Amendment to this Solicitation.

Bidders may only rely upon information that is included in this Amendment in preparing their Responses.

April 4th, 2025, 11am PST https://teams.microsoft.com/l/meetup-join/19%3ameeting_MmZmZTQwNTAtYjhiYi00NTgyLWFhNmYtOTg0NWU3NTY xZWRh%40thread.v2/0?context=%7b%22Tid%22%3a%2211d0e217-264e-400a- 8ba0-57dcc127d72d%22%2c%22Oid%22%3a%2269a15c8e-8b7d-4786-8b11-b21dfa4f9c3c%22%7d

6. Questions and Answers

Bidders may send written questions concerning this Solicitation to the Coordinator by the date and time set forth on the Solicitation Schedule in Section C.1. for submission of Questions. Questions should be sent via email and should include the number and title of this Solicitation in the subject line.

DSHS may consolidate Bidder questions and shall respond by posting one or more Amendments on WEBS and on the DSHS Procurement website on or around the date specified in the Solicitation Schedule. Only Bidders who have properly registered and downloaded the original Solicitation directly via the WEBS system: https://pr-webs-vendor.des.wa.gov/ will receive notification of Amendments and other correspondence pertaining to this Solicitation.

7. Request for Change in Solicitation Requirements

If Bidder believes that this Solicitation contains requirements which would unreasonably prohibit or restrict Bidder’s participation, or believes that different requirements would provide better value to the State, Bidder shall submit a written explanation of the issue together with proposed alternative requirements to the Coordinator no later than the deadline for Bidder Questions as stated in the Solicitation Schedule outlined in Section C.1. The Coordinator shall not be required to consider requests for changes after this date. If any changes are made to the Solicitation requirements, an Amendment setting forth those changes will be posted on WEBS.

8. Complaints

In the event a Bidder believes that this Solicitation either: (a) unnecessarily restricts competition; (b) contains an unfair or flawed evaluation or scoring process; or (c) contains inadequate or insufficient information to permit preparation of a Response, the Bidder shall submit a written complaint to the Coordinator. The Coordinator will forward the complaint to the DSHS Chief of Central Contracts and Legal Services for review. The complaint shall include a proposed remedy and shall be submitted no later than five (5) business days prior to the date when Responses are due. DSHS shall post its Response to the Complaint on WEBS and on the DSHS procurement web page.

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Updated Form 2/21/2025

Should a Bidder’s complaint identify a change that would be in the best interest of DSHS to make, DSHS may issue an Amendment modifying this Solicitation. The DSHS decision regarding a complaint is final and no further administrative appeal is available. If no complaint is filed, a Bidder cannot later file a protest based on any of the above complaint criteria.

9. Minority & Women’s Business Enterprises (MWBE) and Veteran-Owned

Business Enterprises

In accordance with the legislative findings and policies set forth in RCW 39.19, 43.60A.200, 39.26.240 and 39.26.245, the State of Washington encourages participation by Veteran-owned, Minority-Owned, and Women-Owned businesses either self-identified or certified by, respectively, the Department of Veterans Affairs or the Office of Minority and Women’s Business Enterprises (OMWBE). While the State does not give gender or race-based preferential treatment, it does seek equitable representation from Washington Small Businesses as well as the veteran, minority, and women-owned business communities.

According to Chapter 39.26.010 RCW, to qualify as a Washington Small Business, Bidder must meet three (3) requirements:

a. 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.

b. 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 or 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. WEBS Certification: Bidder must have certified its Washington Small

Business status in Washington’s Electronic Business Solution (WEBS).

According to Chapter 43.60A.190 RCW, to qualify as a Certified Washington Veteran- Owned Business, Bidder must meet four (4) requirements:

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

(1) A veteran is 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;

(2) A person who is in receipt of disability compensation or pension from the Department of Veteran’s Affairs; or http://www.omwbe.wa.gov/ http://www.omwbe.wa.gov/

(3) 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.

b. Washington Incorporation/Location. Bidder must be either an entity that is incorporated in the State of Washington as a Washington domestic corporation or, if not incorporated, an entity whose principal place of business is located within the State of Washington.

c. WEBS Certification. Bidder must have certified its Veteran-Owned Business status in Washington’s Electronic Business Solution (WEBS).

d. WDVA Certification. Bidder must have certification documentation to the

Washington Department of Veteran’s Affairs (WDVA) and be certified by WSVA and listed as such on WDVA’s website (WDVA – Veteran-Owned Businesses).

DSHS encourages Washington Small, Veteran-owned, and MWBE Bidder participation both directly in Response to this Solicitation and as subcontractors to a Prime Bidder.

Bidders may contact the Office of Minority and Women’s Business Enterprises (OMWBE) at http://omwbe.wa.gov/ and/or the Department of Veterans Affairs at http://www.dva.wa.gov/program/veteran-owned-business-certification in order 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 firms or non-Veteran-owned businesses.

10. Auxiliary Aids and Limited English Proficient (LEP) Services:

DSHS will provide access to this Solicitation document to individuals with disabilities and Limited English Proficient individuals. Please contact the Coordinator to request auxiliary aids and services.

If an individual believes that the Department has discriminated against them based on a protected status, please contact the DSHS Investigations Unit for the Nondiscrimination Policy Brochure and complaint process. The brochure can be found at https://www.dshs.wa.gov/sites/default/files/publications/documents/Non-discrim%2022- 171.pdf

11. Cost to Prepare Response

DSHS will not be liable for any costs incurred by the Bidder in preparing, conducting a site assessment, or submitting a Response to this Solicitation.

12. Acceptance of Solicitation Terms

In submitting a Response, Bidder must include a signed Bid Submission Letter in the form set forth on Attachment B, as well as signed Bidder Certifications in the form set forth on Attachment C. Bidder must acknowledge that in submitting a Response, it accepts all terms of this Solicitation Document, including all of its Attachments, and that https://pr-webs-vendor.des.wa.gov/ https://www.dva.wa.gov/ http://www.omwbe.wa.gov/ http://omwbe.wa.gov/ http://www.dva.wa.gov/program/veteran-owned-business-certification https://www.dshs.wa.gov/sites/default/files/publications/documents/Non-discrim%2022-171.pdf https://www.dshs.wa.gov/sites/default/files/publications/documents/Non-discrim%2022-171.pdf

Updated Form 2/21/2025

Bidder’s Response constitutes a binding offer. Bidders may not alter or redline the solicitation terms or requirements in their Response. Submitting altered or redlined solicitation terms or requirements in the Bidder Response may result in bidder disqualification.

13. Joint Proposals

If Bidders submit a joint Response with one or more other persons or entities, these persons or entities must designate a prime Bidder. The prime Bidder will be DSHS’s sole point of contact through the Procurement process. If selected as the Apparent Successful Bidder, the prime Bidder shall sign the Contract and any amendments and will be liable and responsible to DSHS for all performance under the Contract.

14. Withdrawal of Responses

After a Response has been submitted, Bidders may withdraw their Response at any time up to the Response due date and time as specified in Section C.1, Solicitation Schedule.

A written request to withdraw the Response must be submitted to the Coordinator. After withdrawing a Response, the Bidder may submit another Response at any time up to the Response submission date and time.

15. Ownership of Responses

All materials submitted in response to this Solicitation become the property of DSHS, unless received after the deadline in which case the Response shall be returned to the sender. DSHS shall have the right to use any of the ideas presented as part of the process in any manner as it deems appropriate or beneficial, regardless of whether it is contained in a Response that results in selection for a Contract.

16. DSHS Award Options; Improvement of Bid Offers

After Responses are received and written evaluations are completed, DSHS may (but shall not be required to) request best and final offers from one or more Responsible and Responsive Bidders. The written Responses of Bidders invited to provide a best and final offer may be re-evaluated and the point values may be adjusted based upon changes to pricing or proposed services, deliverables or methodologies that are included in a best and final offer, prior to DSHS’ determination of the Apparent Successful Bidder.

Alternatively, after reviewing all Responses, DSHS may enter into negotiations with the highest ranked Responsive and Responsible Bidder in order to determine if the Bid may be improved before identification of the Apparent Successful Bidder.

DSHS shall not be required to request best and final offers or to enter into negotiations and reserves the right to make a Contract award without further discussion of the Response. Therefore the Response should be submitted on the most favorable terms that Bidder intends to offer.

17. Oral Interviews or Presentations

After bids are received and written evaluations are completed, DSHS may request that one or more Responsible and Responsive bidders participate in an oral interview and/or

Updated Form 2/21/2025 presentation or demonstration. If this option is elected, additional points shall be awarded as set forth in Section E.3, Evaluation Criteria and Scoring of Responses.

18. Announcement of Successful Bidder(s)

DSHS shall announce the Apparent Successful Bidder(s) on WEBS on the date indicated in Section C.1., Solicitation Schedule. All announcements of Apparent Successful Bidders are subject to the negotiation of a Contract satisfactory to DSHS.

Bidders may request a debriefing conference with the Coordinator to discuss information regarding the review and/or evaluation of their bid and may, under certain circumstances, file a formal protest requesting that DSHS provide an identified remedy if Bidder believes certain types of errors occurred. A more detailed description of these processes is set forth in Section F, Debriefing and Protest Procedure.

19. Ethics, Policies and Law

This Solicitation, the evaluation of Responses, and any resulting contract will be made in conformance with applicable Washington State laws and Policies.

Specific restrictions apply to contracting with current or former state employees pursuant to RCW 42.52. Bidders should familiarize themselves with the requirements prior to submitting a Response. Bidders must include, in their Letter of Submittal, information regarding any current or former state employees who are employed by, or subcontracted with, Bidder.

SECTION D

INSTRUCTIONS REGARDING CONTENT, FORMAT AND SUBMISSION OF

WRITTEN RESPONSES

Bidders shall submit their Responses utilizing the forms set forth on Attachments B, C, D, and E to this Competitive Solicitation. Each Attachment represents a separate section of the Response. Failure to complete and submit all required Attachments, and to sign them, if applicable, may result in Bidder disqualification. Responses should be typed in 12-point font and should be submitted in the following order with each section of the Response clearly labeled.

1. Attachment B: Bid Submission Letter (Required, not scored)

All Bidders must submit a completed bid submission letter in the form and with the minimum contents set forth on Attachment B, which must include all of the required acknowledgments and information. The Bid Submission Letter must be signed by an individual authorized to bind the Bidder contractually. Bidder’s completed and signed Attachments B, C, and E, together with any documents that are required to be attached, and Bidder’s answers to administrative questions set forth on Attachment D, Bidder Response Form, comprise the Administrative component of the Response.

2. Attachment C: Bidder Certifications and Assurances (Required, not scored)

All Bidders must submit the Bidder certifications and assurances form set forth on Attachment C, signed by an individual authorized to bind the Bidder contractually.

Bidders may not alter or redline the Bidder Certifications and Assurances form in their Response. Submitting altered or redlined solicitation terms or requirements in the Bidder Response may result in Bidder disqualification.

3. Attachment D: Bidder Response Form (Required, Portions Scored)

Using Attachment D, Bidders must provide answers to the questions set forth on the Bidder Response Form to demonstrate satisfaction of administrative requirements and, as applicable to this Solicitation, their qualifications, approach and proposed pricing to provide the services as outlined in this Competitive Solicitation, including the Sample Contract set forth on Attachment A. The number of points allocated to each answer is indicated next to the question.

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 D. If additional pages are needed, they should be attached to the page containing the initial portion of the Response to a question and should be marked clearly to indicate that they provide a continuation of Bidder’s answer to a specific numbered question. Bidders should not submit product brochures, white papers, customer testimonials, cut sheets, or other pre-prepared materials in Response to any of the questions unless specifically requested.

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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.

Use of Attachment D assures that Bidder responds to specific questions in space immediately below those questions and helps to avoid confusion among evaluators about the question that is being responded to. In awarding points, evaluators shall not be obligated to search through the Bidder’s answers to questions other than the one being reviewed in order to locate text that is responsive to the question being reviewed. Failure to use the form set forth on Attachment D (with the applicable questions set forth immediately above Bidder’s answers), failure to respond to all questions and/or failure to submit any documents requested in the Bidder Response Form may result in Bidder disqualification.

If Bidder is awarded a Contract, DSHS may require that Bidder’s Response to the Bidder Response Form be incorporated, in whole or in part, into the Contract.

4. Attachment E: Contractor Inclusion Plan (Required, not scored)

All Bidders must submit the Contractor Inclusion Plan form set forth on Attachment E, signed by an individual authorized to bind the Bidder contractually. DSHS requires that Bidder submit this inclusion plan template as part of their proposal. Once submitted, the Inclusion Plan template becomes part of the Contract if awarded to the Bidder.

The Bidder shall also include an anticipated list of Washington Small, Minority, Women, and Veteran-owned subcontractors or vendors who may provide services on the project.

Responses should reflect the Bidder's sincere efforts to include diverse, Washington Small, and Veteran businesses. Businesses listed in the plan must be certified by OMWBE or DVA, or registered in WEBS as Washington Small businesses. If a company is not certified or registered but may be eligible for certification, the Bidder should encourage the company to become certified.

Inclusion goals are aspirational. No preference is given for inclusion plans or goals in the evaluation of bids. While no minimum level of OMWBE certified, Veteran-owned, or Washington Small Business participation will be required as a condition for receiving an award, the plan must include the actions the Contractor will take to increase subcontracting opportunities for those business types.

5. Proprietary Information/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 DSHS upon receipt and will not be returned.

The Bidder’s Response must include, in Attachment D, a statement identifying the pages of its Response, if any, which contain information the Bidder considers proprietary (for the purposes of public disclosure). Each page claimed to be proprietary must be clearly marked by stating the word “Proprietary” on the lower right-hand corner. Bidders must be reasonable in designating information as proprietary or confidential. Bidders may not mark their entire Response proprietary. Doing so will not be honored and will disqualify your Response from further consideration.

If DSHS receives a request to view or copy a Bidder’s Response, DSHS will respond according to applicable law and DSHS’s policy governing public disclosure. DSHS will not disclose any information marked “Proprietary” in a Response without giving the Bidder ten (10) days’ notice to seek relief in superior court per RCW 42.56.540.

DSHS is required to publicly post the awarded Bidder(s)’s bid(s) and bid evaluation documents, upon completion of the Solicitation. DSHS shall redact these materials for information identified as proprietary and post them on the DSHS website subsequent to the award of a contract.

Bidders may not include any DSHS client information in their Responses. Doing so will result in disqualification of the Response from further consideration. If you wish to include examples of any forms or processes, use a blank form or ensure that all client information is completely redacted.

6. Submission of Responses

Bid Responses must be stored in an acceptable electronic format and, if applicable, hard copy format, as set forth in Section 7, below. Bid Responses must be emailed directly to the Coordinator at the email address provided on the cover sheet of this Solicitation Document. Bid Responses must be received by the Coordinator in their entirety on or before the due date and time set forth in Section C.1., Solicitation Schedule, unless a posted Amendment to this Competitive Solicitation changes this due date and time.

Bidder’s completed version of each of the Attachments B, C, D, and E, to this Competitive Solicitation shall be included as a separate attachment to the Bidder’s email(s).

Bidders assume all risks for the timely submission of the Response. Bidders are responsible for allowing sufficient time to ensure timely electronic receipt of their Response by the Coordinator and, in Solicitation that also requires that hard copies of the Response be submitted, to ensure timely receipt via other delivery methods. DSHS does not assume responsibility for problems with the Bidder’s email, network or problems with the mail, parking, traffic or the services of any third-party courier.

However, if DSHS email is not working properly, appropriate allowances will be made.

DSHS will not accept late Responses, nor grant time extensions for individual Bidders.

DSHS will disqualify any Response and withdraw it from consideration if it is received after the Response submission due date and time.

7. Acceptable Electronic Formats for Submission of Responses

Attachment D, Bidder Response Form, should be submitted in Microsoft Word format.

Other Response documents must be formatted in Portable Document Format (Adobe Acrobat PDF) or Microsoft Word, Excel, or PowerPoint. Spreadsheet documents must be submitted in Microsoft Excel and in a live, unprotected file that includes all formulas, macros, and computations that are relied on or used to calculate any rates or values presented therein. When scanning documents to be submitted in PDF format, scanner resolution should be set to at least 200 dots per inch.

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NOTE: DSHS cannot receive emails that are larger than 30MB. To keep file sizes to a minimum, Bidders are cautioned not to use unnecessary graphics in their Responses. If your Response approaches or exceeds 30MB, you must break it up and send it by more than one email so that no single email exceeds 30MB.

8. Alternative Submission Methods

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 Coordinator in writing prior to the Response deadline.

SECTION E

EVALUATION OF RESPONSES

1. Bid Responsiveness; Administrative Review

All Responses will be reviewed by the Coordinator to determine compliance with administrative and minimum qualification requirements and instructions specified in this Solicitation. DSHS may reject a Response as nonresponsive at any time for any of the following reasons:

• Incomplete Response

• Submission of a Response that proposes services that deviate from the scope and technical requirements set forth in this document and Attachment A, Sample Contract, except as permitted in an Amendment to this Solicitation

• Failure to meet the minimum Bidder qualifications or to comply with any requirement set forth in this Solicitation Document, including Attachments

• Submission of incorrect, misleading, or false information

• History of prior unsatisfactory contractual performance

The Coordinator may contact any Bidder for clarification of the Response. If a Response is deemed non-responsive, it shall be removed from further consideration. DSHS shall notify non-responsive Bidder(s) of this determination and the supporting reasons.

Bidders whose Responses are found to be non-responsive shall be disqualified from further evaluation and shall be notified in writing.

If a Response meets all administrative and Bidder qualification requirements and submittal instructions, DSHS shall continue with the Written Evaluation and, if applicable, the Oral Evaluation.

2. Errors in Bidder Response

Bidders are responsible for all errors or omissions contained in their Responses. Bidders will not be allowed to alter Response documents after the deadline for Response submissions.

DSHS reserves the right to contact any Bidder for clarification of Response contents. In those cases where it is unclear to what extent a requirement has been addressed, the evaluation panel may, in their discretion and acting through the Coordinator, contact a Bidder to clarify specific matters in the submitted Response.

DSHS reserves the right to waive minor administrative irregularities contained in any Bidder Response.

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3. Evaluation Criteria and Scoring of Responses

Following the administrative review, Responses shall be evaluated and points shall be awarded for the management, technical and cost proposal components of the Response, as applicable, based upon Bidder’s responses to the questions set forth on Attachment D, Bidder Response Form. Additional evaluation points may be awarded for specific criteria not included on Attachment D, Bidder Response Form only if set forth in this Section.

The maximum number of points available for each Bidder is Five Hundred and Eighty (580). The maximum number of points that may be assigned with respect to specific questions is set forth on Attachment D, Bidder Response form. The overall breakdown for assignment of points in evaluating Responses to this Solicitation is as follows:

4. Cost Proposal/Quotations

The Bidder must confirm their ability to provide services under this Contract for up to the set Maximum Contract value of $532,000.00 for the full Contract term of July 1, 2025- June 30, 2029.

Contract compensation is subject to the restrictions outlined in the Contract which include, but are not limited to:

(1) Travel reimbursement is limited by the State per diem rates.

(2) Indirect costs are limited to 10% of the yearly maximum.

(3) The State fiscal year runs from July 1 – June 30. State funds cannot be carried over between fiscal years.

5. Written Bid Evaluation Process

DSHS shall designate an evaluation team of at least three (3) evaluators to review, evaluate, and score the written question responses. These evaluators will be selected based on their qualifications, experience, capability and background.