STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

NOTICE OF FUNDING OPPORTUNITY (NOFO)

NOFO NO. F26-34443-001

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

PROJECT TITLE: State Crisis Intervention Program – Extreme Risk Protection Orders

PROPOSAL DUE: Sunday, May 31, 2026, by 11:59pm PT.

ESTIMATED TIME PERIOD FOR CONTRACT: October 1, 2026 – September 30, 2027

PROPOSER ELIGIBILITY: This NOFO is open to those Proposers which satisfy the minimum qualifications stated herein and are available for work in Washington, have an active UEI and operate as a unit of local government.

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

CONTENTS OF THE NOTICE OF FUNDING OPPORTUNITY:

1. Introduction

2. General Information for Proposers

3. Proposal Contents

4. Evaluation and Award

5. Exhibits

Table of Contents

1. INTRODUCTION

PURPOSE AND BACKGROUND

OBJECTIVES AND SCOPE OF WORK

MINIMUM QUALIFICATIONS

FUNDING

PERIOD OF PERFORMANCE

CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

DEFINITIONS

ADA

2. GENERAL INFORMATION FOR PROPOSERS

NOFO COORDINATOR

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

QUESTION AND ANSWER PERIOD

PRE-PROPOSAL CONFERENCE

THIS SECTION HAS BEEN REMOVED

SUBMISSION OF PROPOSALS

PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE

REVISIONS TO THE NOFO

DIVERSE BUSINESS INCLUSION PLAN

ACCEPTANCE PERIOD

COMPLAINT PROCESS

RESPONSIVENESS

MOST FAVORABLE TERMS

CONTRACT GENERAL TERMS & CONDITIONS

COSTS TO PROPOSE

NO OBLIGATION TO CONTRACT

REJECTION OF PROPOSALS

COMMITMENT OF FUNDS

ELECTRONIC PAYMENT

INSURANCE COVERAGE

3. PROPOSAL CONTENTS

CERTIFICATIONS AND ASSURANCES (MANDATORY)

LETTER OF SUBMITTAL (MANDATORY)

TECHNICAL PROPOSAL (SCORED)

MANAGEMENT PROPOSAL

COST PROPOSAL (Exhibit D)

4. EVALUATION AND CONTRACT AWARD

EVALUATION PROCEDURE

EVALUATION BREAKDOWN

VIRTUAL PRESENTATIONS MAY BE REQUIRED

NOTIFICATION TO PROPOSERS

DEBRIEFING OF UNSUCCESSFUL PROPOSERS

PROTEST PROCEDURE

5. NOFO EXHIBITS

Exhibit A Certifications and Assurances Exhibit B Diverse Business Inclusion Plan Exhibit C Workers’ Rights Certification Exhibit D Example Grant Contract with General Terms and Conditions and Budget Template

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1. INTRODUCTION

PURPOSE AND BACKGROUND

The Washington Department of Commerce, hereafter called "COMMERCE,” is initiating this Notice of Funding Opportunity (NOFO) to solicit Proposals from those qualified and interested in grant funding to improve the implementation and enforcement of Washington’s laws related to civil court orders requiring relinquishment of firearms.

In 2022, COMMERCE was awarded funding under the U.S. Department of Justice Byrne State Crisis Intervention Program (SCIP). This funding supports efforts to improve implementation of state laws such as RCW 7.105, RCW 9.41, and RCW 10.99 that can result in firearm relinquishment ordered by courts pursuant to Extreme Risk Protection Orders (ERPOs), Orders to Surrender and Prohibit Weapons (OTSPWs) issued with other civil protection orders such as domestic violence protection orders, and no contact orders (NCOs) (collectively “firearm relinquishment laws”).

COMMERCE is soliciting Proposals from jurisdictions that demonstrate a need for additional capacity and tools related to firearm relinquishment laws.

COMMERCE intends to award multiple contract(s) to provide the services described in this NOFO.

OBJECTIVES AND SCOPE OF WORK

1.2.1 Objectives

Funded projects and the resulting outcomes may build on existing infrastructure and programs or may be used to develop and implement new approaches related to firearm relinquishment laws. This NOFO is intended to complement COMMERCE’s other SCIP-funded projects to collectively improve the implementation and enforcement of the state’s firearm relinquishment laws. 1

1.2.2 Scope of Work

The primary objective when serving Extreme Risk Protection Orders (ERPOs) and Orders to Surrender and Prohibit Weapons (OTSPWs) is to ensure the safe and lawful temporary removal of firearms in compliance with court directives. This process must prioritize the safety and well-being of survivors, respondents, law enforcement officers, and all individuals or communities affected by these cases.

The following is a list of promising practices and approaches jurisdictions may want to consider in response to this NOFO:

a. Multi-disciplinary and multi-jurisdictional approaches to issue, serve, and enforce firearm relinquishment orders.

b. The creation of specialized units with expertise, training, and designated personnel assigned to serve and enforce firearm relinquishment orders.

c. Adding court system navigators and/or creating protection orders and compliance calendars focused on these cases.

d. Improve implementation of statutory requirements with use of model policy and procedure for service of ERPOs/OTSPWs.

e. Develop/implement tools to help timely and safely assist with firearm recovery, such as a mobile firearm recovery vehicle that utilizes non-sworn personnel to assist in processing the firearms without necessitating returning to the agency after each respondent is served and firearms are removed, so that less time is spent in transit back and forth to the agency.

1 For more information on how the State of WA implements SCIP-funded projects, please see State Crisis Intervention Program (SCIP) – Washington State Department of Commerce.

https://www.commerce.wa.gov/community-safety/scip/ https://www.commerce.wa.gov/community-safety/scip/

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f. Identify/expand options for storage of dispossessed firearms, including storage space within a law enforcement agency, shared space utilized by more than one agency, or space with a licensed gun dealer or alternative, ensuring all legal, accreditation, liability, and risk management requirements are addressed.

g. Develop/implement clear protocols for return of firearms after an ERPO/OTSPW expires, as required by state law.

h. Any other innovated combination of practices or approaches that improve the effectiveness of implementation and enforcement of the state’s firearm relinquishment laws.

MINIMUM QUALIFICATIONS

Minimum qualifications include:

a. Currently licensed to do business in the state of Washington.

b. Operate as a unit of local government (a unit of local government is defined as a city, county, town, township, or federally recognized Tribe, such as a law enforcement agency or court system or other department).

c. Organizations must have an active Unique Entity Identifier (UEI) prior to applying for funding.

Organizations can obtain a UEI in the following link: SAM.gov | Entity Registrations

Proposals that do not clearly meet or exceed all minimum qualifications listed above are non-responsive and will not be evaluated.

FUNDING

COMMERCE has budgeted an amount not to exceed $2,200,000 for this project. Individual proposals may not exceed $500,000. Proposals in excess of this amount will be considered non-responsive and will not be evaluated. In the event additional funding becomes available during the period of performance, any contract awarded may be amended to provide additional services for this funding opportunity. Additional funding is not guaranteed.

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

1.4.1 Funding Priority

COMMERCE intends to prioritize small local jurisdictions under the Department of Justice (DOJ) requirement known as the “less than $10,000 pass-through requirement.2” A minimum $200,000 (of the total $2,200,000) has been budgeted for this priority.

The top scored Proposals from small local jurisdictions will be funded as the first Apparent Successful Grantee(s) until $200,000 is reached. Thereafter, all Proposals will be evaluated equally, and the remaining funding will be based on top scored Proposals, no matter the size of the jurisdiction.

For a full list of small local jurisdictions that meet federal priority, click here and find “WA Small Local Jurisdictions_Federal List.xlsx”.

PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this NOFO is tentatively scheduled to begin on or about October 1, 2026 and to end on September 30, 2027. Amendments extending the period of performance, if any, shall be at the sole discretion of COMMERCE.

COMMERCE reserves the right to extend the Contract for two one-year periods.

2 Based on FFY23 Department of Justice (DOJ) calculations of smaller units of local government that were ineligible for direct local federal Justice Assistance Grant (JAG) awards because their formula calculation was less than $10,000.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsam.gov%2Fcontent%2Fentity-registration&data=05%7C02%7Crobyn.bruns-harris%40commerce.wa.gov%7C941494a0ccec4bdca62d08dcd1b54acb%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C638615823769951015%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0%7C%7C%7C&sdata=CCnpfHLiWbuUtkVxg9ho84eiSrENL3JtA5LZWVbGtpE%3D&reserved=0 https://deptofcommerce.box.com/s/cuq9yooglsazwu18hjx6qwc53nk44e46

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CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

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

42.52 of the Revised Code of Washington (RCW). Proposers are encouraged to familiarize themselves with the requirements prior to submitting a Proposal that includes current or former state employees.

DEFINITIONS

Definitions for the purposes of this NOFO include:

Apparent Successful Grantee/Bidder/Vendor/Contractor/Awardee: The Proposer selected to perform the anticipated services, subject to successful completion of contract negotiations and execution of a written contract.

COMMERCE or AGENCY: The Department of Commerce is the agency of the state of Washington that is issuing this NOFO.

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

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

Grantee: Proposer whose Proposal has been accepted by COMMERCE and is awarded a fully executed, written contract. Also called Grantee, Awardee, Recipient, or Vendor.

Notice of Funding Opportunity (NOFO): Formal procurement or solicitation document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an NOFO is to permit the Proposer community to suggest various approaches to meet the need at or below a given funding level.

Proposal: A formal offer submitted in response to this Notice of Funding Opportunity.

Proposer: Individual, firm, organization, company, or other entity or group of entities that submits a Proposal to attain a contract with COMMERCE.

Unit of Local Government: A city, county, town, township, or federal recognized Tribe, such as a law enforcement agency or court system.

ADA

COMMERCE complies with the Americans with Disabilities Act (ADA). Proposers may contact the NOFO Coordinator to receive this Notice of Funding Opportunity in Braille or on tape.

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2. GENERAL INFORMATION FOR PROPOSERS

NOFO COORDINATOR

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

Name Jasmine Shurelds

E-Mail Address jasmine.shurelds@commerce.wa.gov

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

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Notice of Funding Opportunity April 22, 2026

Tribal Pre-Proposal Conference

Join meeting here: Zoom Link

April 29, 2026, 11:00am PT

Pre-Proposal Conference

Join meeting here: Teams Link

April 29, 2026, 02:00pm PT

Question & Answer (Q&A) period April 22, 2026 – May 13, 2026

Answers to Q&A posted no later than Posted Weekly on Fridays by 5:00pm PT

Final Q&A posted on May 15 by 5:00pm PT

Proposals due Sunday, May 31, 2026, by 11:59pm PT

Evaluate proposals June 01, 2026 – June 19, 2026

Conduct virtual presentations with finalists, if required June 22, 2026 – June 26, 2026

Announce “Apparent Successful Grantee” and send notification via e-mail to unsuccessful Proposers

June 30, 2026

Hold debriefing conferences (if requested) July 01, 2026 – July 07, 2026

Negotiate contract July 01, 2026 – July 31, 2026

Federal review and approval period August 01, 2026 – September 30, 2026

Earliest contract may be signed once federal approval is obtained September 01, 2026

Earliest contracts start date October 01, 2026

COMMERCE reserves the right to revise the above schedule.

mailto:jasmine.shurelds@commerce.wa.gov https://wastatecommerce.zoom.us/j/88904174748?pwd=eZC8CC3KFqRsSHhqdoaFqPasMkbFwO.1 https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fmeet%2F21070861953026%3Fp%3DlDilAYJpVWz54EDMVA&data=05%7C02%7Crobyn.bruns-harris%40commerce.wa.gov%7Cd7a38797a28d432a5bf508de94311ff2%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C639111135858275225%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=HLVPGx0yk3OgePglWTX3Fhb4TJQ0mls5TGS1vrOFYH4%3D&reserved=0

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QUESTION AND ANSWER PERIOD

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

PRE-PROPOSAL CONFERENCE

A Tribal pre-proposal conference will be held on April 29 at 11:00am PT. The pre-proposal conference will be virtual only, on Zoom. All prospective Proposers are encouraged attend; however, attendance is not mandatory. Join meeting here.

A general pre-proposal conference will be held on April 29 at 2:00pm PT. The pre-proposal conference will be virtual only, on Microsoft Teams. All prospective Proposers are encouraged attend; however, attendance is not mandatory. Join meeting here.

COMMERCE will be bound only to COMMERCE written answers to questions. Questions arising at the pre-proposal conference will be documented and answered in written form. A copy of the questions and answers will be sent to each prospective Proposer that has requested the NOFO Coordinator to send them NOFO addenda.

THIS SECTION HAS BEEN REMOVED

SUBMISSION OF PROPOSALS

The proposal must be received by the NOFO Coordinator no later than Sunday, May 31, 2026, by 11:59pm PT.

Proposals must be submitted electronically as an attachment to an e-mail to the NOFO Coordinator, at the e-mail address listed in Section 2.1. Zipped files cannot be received by COMMERCE and cannot be used for submission of Proposals. The Submittal Letter and the Certifications and Assurances form must have a scanned or digital signature of the individual within the organization authorized to bind the Proposer to the offer. COMMERCE does not assume responsibility for problems with Proposer’s e-mail. If COMMERCE email is not working, appropriate allowances will be made.

Proposals may not be transmitted using facsimile transmission.

Proposers should allow sufficient time to ensure timely receipt of the proposal by the NOFO Coordinator. Late proposals will not be accepted and will be automatically disqualified from further consideration, unless COMMERCE e-mail is found to be at fault at COMMERCE’S sole determination. Proposals should be sent in one email, however if more than one email is needed all must be received by the due date and time. Exceptions will not be made for partial submissions.

Requests for deadline extensions will not be granted. All Proposals and any accompanying documentation become the property of COMMERCE and will not be returned. Any information received as a result of this NOFO may be collected and considered for continuous improvement purposes.

PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE

Proposals submitted in response to this NOFO shall become the property of COMMERCE. All Proposals received shall remain confidential until the Apparent Successful Grantee is announced;

thereafter, all Proposals are subject to disclosure as provided for in Chapter 42.56 of the Revised Code of Washington (RCW).

Any information in the proposal that the Proposer desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Proposer is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be https://wastatecommerce.zoom.us/j/88904174748?pwd=eZC8CC3KFqRsSHhqdoaFqPasMkbFwO.1 https://gcc02.safelinks.protection.outlook.com/ap/t-59584e83/?url=https%3A%2F%2Fteams.microsoft.com%2Fmeet%2F21070861953026%3Fp%3DlDilAYJpVWz54EDMVA&data=05%7C02%7Crobyn.bruns-harris%40commerce.wa.gov%7Cd7a38797a28d432a5bf508de94311ff2%7C11d0e217264e400a8ba057dcc127d72d%7C0%7C0%7C639111135858275225%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=HLVPGx0yk3OgePglWTX3Fhb4TJQ0mls5TGS1vrOFYH4%3D&reserved=0

P a g e | 6 clearly identified by the words “Proprietary Information” printed on the lower right hand corner of the page. Marking the entire proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Proposer has marked as "Proprietary Information," COMMERCE will notify the Proposer of the request and of the date that the records will be released to the requester unless the Proposer obtains a court order enjoining that disclosure. If the Proposer fails to obtain the court order enjoining disclosure, COMMERCE will release the requested information on the date specified. If a Proposer obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, COMMERCE shall maintain the confidentiality of the Proposer's information per the court order.

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

REVISIONS TO THE NOFO

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

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

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

DIVERSE BUSINESS INCLUSION PLAN

Proposers are required to submit a Diverse Business Inclusion Plan with their Proposal describing in good faith their aspirational goals for subcontractor types. In accordance with legislative findings and policies set forth in RCW 39.19, the state of Washington encourages participation in all contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE), set forth in RCW 43.60A.200 for firms certified by the Washington State Department of Veterans Affairs, and set forth in RCW 39.26.005 for firms that are Washington Small Businesses. No minimum level of minority- or women-owned business, Washington Small Businesses, or Washington State certified Veteran Business participation is required as a condition for receiving an award. Any affirmative action requirements set forth in any federal governmental rules included or referenced in the contract documents will apply.

COMMERCE has the following agency goals:

10% participation by Minority Owned Business

6% participation by Women Owned Business

5% participation by Veteran Owned Business

5% participation by Small Businesses

ACCEPTANCE PERIOD

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

COMPLAINT PROCESS

https://fortress.wa.gov/ga/webs/ https://www.commerce.wa.gov/contracting/

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Potential Proposers may submit a complaint to COMMERCE based on any of following:

a) The solicitation unnecessarily restricts competition;

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

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

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

a) The complaint must be in writing;

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

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

d) The complaint should include a proposed remedy.

The NOFO coordinator will respond to the complaint in writing. The response to the complaint and any changes to the solicitation will be posted on WEBS. The Director of COMMERCE will be notified of all complaints and will be provided a copy of COMMERCE’S response. The complaint may not be raised again during the protest period. COMMERCE’S action or inaction in response to the complaint is final.

There is no appeal process.

RESPONSIVENESS

All Proposals will be reviewed by the NOFO Coordinator to determine compliance with administrative requirements and instructions specified in this NOFO. The Proposer is specifically notified that failure to comply with any part of this NOFO may result in disqualification of the Proposal as incomplete and/or non-responsive.

Disqualified Proposers will be notified after the announcement of the Apparent Successful Grantee(s).

Disqualified Proposers will be informed of the reason for disqualification; this shall constitute a debriefing conference for the purposes of Section 4.6, Protest Procedure.

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

MOST FAVORABLE TERMS

COMMERCE reserves the right to make an award without further discussion of the Proposal submitted.

Therefore, the proposal should be submitted initially on the most favorable terms which the Proposer can propose. There will be no best and final offer procedure. COMMERCE reserves the right to contact a Proposer for clarification of its Proposal.

The Apparent Successful Grantee should be prepared to accept this NOFO for incorporation into a contract resulting from this NOFO. Contract negotiations may incorporate some, or all, of the Proposer’s Proposal. The Proposal will become a part of the official procurement file on this matter without obligation to COMMERCE.

CONTRACT GENERAL TERMS & CONDITIONS

The Apparent Successful Grantee will be expected to enter into a contract which is substantially the same as the example contract and its general terms and conditions attached as Exhibit D. This sample contract is for information and review only and should not be returned with your Proposal. In no event is a Proposer to submit its own standard contract terms and conditions in response to this NOFO. All proposed edits to the contract terms and conditions must be submitted as an attachment to Exhibit A, Certifications and Assurances form. COMMERCE will review requested edits and accept or reject the same at its sole discretion.

COSTS TO PROPOSE

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COMMERCE will not be liable for any costs incurred by the Proposer in preparation of a Proposal submitted in response to this NOFO, travel to or conduct of a presentation, or any other activities related to responding to this NOFO.

NO OBLIGATION TO CONTRACT

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

REJECTION OF PROPOSALS

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

COMMITMENT OF FUNDS

The Director of COMMERCE or delegate is the only individual who may legally commit COMMERCE to the expenditures of funds for a contract resulting from this NOFO. No services may begin and no cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

ELECTRONIC PAYMENT

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

INSURANCE COVERAGE

The Grantee is to furnish COMMERCE with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth within the contract if requested.

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

http://www.ofm.wa.gov/

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3. PROPOSAL CONTENTS

Proposals must be written in English and submitted electronically to the NOFO Coordinator in the order noted below:

1. Certifications and Assurances (Exhibit A to this NOFO)

2. Letter of Submittal

3. Technical Proposal

4. Management Proposal

5. Cost Proposal

6. Diverse Business Inclusion Plan (Exhibit B to this NOFO)

7. Workers’ Rights Certification (Exhibit C to this NOFO)

Proposals must provide information in the same order as presented in this document with the same headings. This will not only be helpful to the evaluators of the Proposal but should also assist the Proposer in preparing a thorough response.

Items marked “mandatory” must be included as part of the Proposal to be considered responsive, however, these items are not scored. Items marked “scored” are those that are awarded points as part of the evaluation conducted by the evaluation team.

CERTIFICATIONS AND ASSURANCES (MANDATORY)

The Certifications and Assurances form (Exhibit A to this NOFO) must be signed and dated by a person authorized to legally bind the Proposer to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Proposers wishing to submit any proposed contract edits must indicate so on this form (see Section 2.14).

LETTER OF SUBMITTAL (MANDATORY)

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

Along with introductory remarks, the Letter of Submittal must include the following information about the Proposer:

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

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

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

D. Federal Employer Tax Identification number and the Washington Uniform Business Identification (UBI) number issued by the state of Washington. If the Proposer does not have a UBI number, the Proposer must state that it will become licensed in Washington within thirty

(30) calendar days of being selected as the Apparently Successful Grantee.

E. Location from which the Proposer would operate.

F. Identify any state employees or former state employees employed or on the firm’s governing board as of the date of the proposal. Include their position and responsibilities within the Proposer’s organization. If following a review of this information COMMERCE determines that

P a g e | 10 a conflict of interest exists, the Proposer may be disqualified from further consideration.

TECHNICAL PROPOSAL (SCORED)

The Technical Proposal must contain a comprehensive description of services including the following elements:

A. Project Approach/Methodology: Include a complete description of the Proposer’s proposed approach and methodology for the project. This section should convey Proposer’s full understanding of the proposed project.

B. Work Plan: Include all project requirements and the proposed tasks, services, activities, etc.

necessary to accomplish the scope of the project defined in this NOFO. This section of the technical proposal must contain sufficient detail to convey to members of the evaluation team the Proposer’s knowledge of the subjects and skills necessary to successfully complete the project. Include any required involvement of COMMERCE staff. The Proposer may also present any creative approaches that might be appropriate and may provide any pertinent supporting documentation. Identify any work to be completed by subcontractors or subgrantees but do not select subcontractors or subgrantees until all relevant requirements have been reviewed, including the Code of Federal Requirements, if applicable.

C. Project Schedule: Include a project schedule indicating when the elements of the work will be completed. Project schedule must ensure that any deliverables requested are met.

D. Outcomes and Performance Measurement: Describe the impacts and outcomes the Proposer will achieve, including how these impacts and outcomes will be monitored, measured and reported to COMMERCE.

E. Risks: The Proposer must identify potential risks that are considered significant to the success of the project in sufficient detail to convey to members of the evaluation team the Proposer’s ability correctly assess and manage risk. Include how the Proposer will effectively monitor and manage these risks, including timely reporting of risks to COMMERCE.

F. Deliverables: Fully describe deliverables to be submitted under the proposed contract.

Deliverables must support the purpose of this NOFO described in Section 1.1 and met the requirements set forth in Section 1.2.

MANAGEMENT PROPOSAL

A. Project Management (SCORED)

1. Project Team Structure and Internal Controls: Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any subcontractors. Proposers are reminded to select subcontractors only after reviewing all relevant requirements. Provide an organizational chart indicating lines of authority for personnel involved in performance of this potential contract and relationships of these staff to other programs or functions of the organization(s). This chart must also show lines of authority to the next senior level of management. Include who will have prime responsibility and final authority for the work.

2. Staff Qualifications and Experience: Identify staff who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project. Provide resumes for the named staff, which include information on the individual’s particular skills related to this project, education, experience, significant accomplishments and any other pertinent information.

Staff identified in the Proposal must actually perform the assigned work. Any staff substitution must have prior approval from COMMERCE.

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B. Experience of the Proposer (SCORED)

1. Indicate relevant experience that shows the qualifications of the Proposer for the performance of the potential contract.

2. Include a list of contracts the Proposer has had during the last five years that relate to the Proposer’s ability to perform the services needed under this NOFO. List contract reference numbers, period of performance, contact persons, telephone numbers, and e-mail addresses. COMMERCE may award extra points to entities that are new to state contracting or pass-through funding in its sole discretion.

C. Related Information (MANDATORY)

1. If the Proposer or any known subcontractor contracted with the state of Washington during the past 24 months, indicate the name of the agency, contract number, project description and/or other information available to identify the contract.

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

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

(b) litigated and such litigation determined that the Proposer was in default.

4. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Proposer’s position on the matter. COMMERCE will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If no such termination for default has been experienced by the Proposer in the past five years, so indicate.

5. If the Proposer plans to subcontract/subgrant any portion of the award, describe how subcontractors/subgrantees will be selected, as well as your organization’s plan and ability to compensate those subcontractors/subgrantees prior to seeking reimbursement from COMMERCE. If not, state that no subcontracting/subgranting will occur.

Please note that federally funded awards must comply with all applicable sections of the Code of Federal Regulations, 2 CFR 200, including selection of subs.

D. References (MANDATORY)

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

E. OMWBE and WDVA Certification (OPTIONAL AND NOT SCORED)

Include proof of certification issued by the Washington Office of Minority and Women’s Business Enterprises (OMWBE) or Washington Department of Veteran Affairs (WDVA) if certified small, minority-, women-, or veteran-owned business(es) will be participating on this project in any capacity. For more information please see Section 2.9 and visit:

www.omwbe.wa.gov or www.dva.wa.gov.

http://www.omwbe.wa.gov/ http://www.dva.wa.gov/

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COST PROPOSAL (Exhibit D)

The total amount proposed must not exceed the amount specified in Section 1.4 to be considered responsive to this NOFO.

The evaluation process is designed to award this procurement not necessarily to the Proposer of least cost, but rather to the Proposer whose Proposal best meets the requirements of this NOFO. However, Proposers are encouraged to submit Proposals which are consistent with state government efforts to conserve resources.

Identification of Costs (MANDATORY)

Identify all costs in U.S. dollars including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. The Proposer is to submit a fully detailed budget including staff costs and any expenses necessary to accomplish the tasks and to produce the deliverables under the contract. Proposers are required to collect and pay Washington state sales and use taxes if applicable.

Allowable and unallowable costs associated with this federal funding can be reviewed using the Department of Justice (DOJ) Financial Guide. In addition to the unallowable costs identified in the DOJ Financial Guide, award funds may not be used for the following:

Prizes, rewards, entertainment, trinkets (or any type of monetary incentive) Client stipends Gift cards Food and beverage Unmanned aircraft systems (UAS), including unmanned aircraft vehicles (UAV), and all accompanying accessories to support UAS or UAV To support the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government Prohibited and controlled expenditures

Cost proposals must be completed on the COMMERCE template found within Exhibit D. Cost proposals that do not utilize the supplied template will be considered non-responsive.

NOTE: Some costs (such as training, travel, and equipment) may require additional approval at the federal level; therefore, it is important that Proposers know these types of costs may delay contract timelines and start dates.

https://www.ojp.gov/funding/financialguidedoj/overview https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment

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4. EVALUATION AND CONTRACT AWARD

EVALUATION PROCEDURE

Responsive Proposals will be evaluated strictly in accordance with the requirements stated in this NOFO and any addenda issued. The evaluation of Proposals will be accomplished by one or more evaluation team(s) designated by COMMERCE, which will determine the ranking of the proposals.

COMMERCE, in its sole discretion, may elect to invite top-scoring Proposers as finalists for a virtual presentation or interview.

The NOFO Coordinator may contact the Proposer for clarification of any portion of their Proposal.

Proposers are not permitted to submit, resubmit, correct, or change any materials of any kind after the date and time stated in Section 2.6 SUBMISSION OF PROPOSALS.

EVALUATION BREAKDOWN

The following weighting will be assigned to each proposal section for evaluation purposes. Subsections may or may not be of equal weight.

Technical Proposal – 80% Project Approach/Methodology Work Plan Project Schedule Outcome and Performance Measurement Risks Deliverables

Management Proposal – 20% Project Team Structure and Internal Controls Staff Qualifications and Experience Experience of the Proposer

Cost Proposal is scored by dividing the lowest cost received by the Proposer’s total cost and the result is then added to the combined score for the Technical and Management Proposals.

Workers’ Rights Certification Those Proposers that certify they do not require their employees to sign an individual arbitration clause as a condition of employment will receive an extra 1% of their awarded points added to their final score (see Exhibit C).

COMMERCE reserves the right to award the contract(s) to the Proposer(s) whose Proposal is deemed to be in the best interest of COMMERCE and the state of Washington.

VIRTUAL PRESENTATIONS MAY BE REQUIRED

After evaluating the written proposals COMMERCE may elect to schedule virtual presentations or interviews of top-scoring Proposers. If so, COMMERCE will contact the top-scoring Proposers from the written evaluation to schedule a date and time to meet on a platform such as Zoom or Microsoft Teams.

Any commitments made by the Proposer during a virtual presentation or interview will be considered binding.

The scores from the written evaluation and the virtual presentation combined together will determine the Apparent Successful Grantee.

NOTIFICATION TO PROPOSERS

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COMMERCE will notify the Apparent Successful Grantee(s) of their selection in writing upon completion of the evaluation process. Proposers who were not selected for further negotiation or award will be notified separately. Notification may also be made to the COMMERCE public website, Washington Electronic Business Solution (WEBS), or other publicly accessible locations.

DEBRIEFING OF UNSUCCESSFUL PROPOSERS

Any Proposer who has submitted a Proposal and received notice that they were not selected for contract negotiation may request a debriefing. The request for a debriefing conference must be received by the NOFO Coordinator within three (3) business days after the Unsuccessful Proposer Notification is e-mailed to the Proposer. The debriefing must be scheduled within three (3) business days of the request.

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

Evaluation and scoring of that Proposer’s Proposal;

Any written comments from evaluators related to that Proposer;

Review of Proposer’s final score in comparison with the other final scores without identifying the other Proposers or reviewing their Proposals.

Comparisons between Proposals or evaluations of the other Proposals is not allowed. COMMERCE will not discuss any items other than the three bullet points above. Debriefing conferences may be conducted on the telephone or by other electronic means and will be scheduled for a maximum of thirty

(30) minutes. COMMERCE reserves the right to end a debriefing for any reason.

PROTEST PROCEDURE

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

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

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

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

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

Errors in computing the score;

Non-compliance with procedures described in this NOFO or COMMERCE policy.

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

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

mailto:formalprotest@commerce.wa.gov

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Upon receipt of a protest, a protest review will be held by COMMERCE. COMMERCE’S Chief Contracts Officer, or other employee delegated by the Director who was not involved in the award process, will consider the record along with all available facts and issue a decision within ten (10) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may directly impact the actual interest of another Proposer, such Proposer may be given an opportunity to submit its views and any relevant information on the protest.

The final determination of the protest shall:

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

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

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

o Correct the error(s) and re-evaluate all proposals, or o Cancel this NOFO and begin a new process, or o Make other findings and determine other courses of action as appropriate.

If COMMERCE does not find merit in the protest, COMMERCE may enter into a contract with the Apparent Successful Grantee(s). If the protest is determined to have merit, one of the options above will be taken.

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5. NOFO EXHIBITS

Exhibit A Certifications and Assurances

Exhibit B Diverse Business Inclusion Plan

Exhibit C Workers’ Rights Certification

Exhibit D Example Grant Contract with General Terms and Conditions and Budget Template

EXHIBIT A

CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the Proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract:

1. I/we declare that all answers and statements made in the Proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal.

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

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

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

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

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

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

9. I/we grant COMMERCE the right to contact references and any others who may have pertinent information regarding the ability of the Proposer and the lead staff person to perform the services contemplated in this NOFO.

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

11. I/we are not debarred from doing business with the state of Washington or the United States.

I/We have reviewed the Contract and General Terms and Conditions and I/we: (check one)

☐ are submitting proposed contract edits. If proposed contract edits are being submitted for consideration, I/we have attached them to this form. (See Section 2.14)

☐ are not submitting proposed contract edits. (Default if neither are checked)

On behalf of the Proposer submitting this Proposal, my signature below attests to the accuracy of the above statement as well as my authority to bind the submitting organization.

Signature of Proposer Date

Printed Name Title

EXHIBIT B

DIVERSE BUSINESS INCLUSION PLAN

Please see Section 2.9 for more information regarding the Diverse Business Inclusion Plan.

If awarded a contract as a result of this NOFO, do you anticipate subcontracting* with or purchasing from any of the following:

Yes No

State Certified Minority Owned Businesses? ☐ ☐

State Certified Woman Owned Businesses? ☐ ☐

State Certified Veteran Owned Businesses? ☐ ☐

Washington Small Businesses? ☐ ☐

Organizational Goals:

Please list the approximate percentage of funding received through this NOFO which is expected to be subcontracted to each subcontractor category:

For example, say the total funding is $10,000. Of that, $1,000 will be subcontracted to a business to create one of the deliverables and the organization plans to use a Washington Small Business.