Tier 2 Compliance Assistance Project 51401-002.pdf

STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR PROPOSALS (RFP)

RFP NO. 51401-002

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

PROJECT TITLE: Tier 2 Compliance Assistance Project

PROPOSAL DUE: November 2, 2026 by 5pm, Pacific Time, Olympia, WA

ESTIMATED TIME PERIOD FOR CONTRACT: December 2026 – June 30, 2027

PROPOSER ELIGIBILITY: This RFP is open to those proposers which satisfy the minimum qualifications stated herein and are available for work in Washington.

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

CONTENTS OF THE REQUEST FOR PROPOSALS:

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

MANDATORY AWARD TO SMALL OR VETERAN-OWNED BUSINESS

PERIOD OF PERFORMANCE

CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES

DEFINITIONS

ADA

2. GENERAL INFORMATION FOR PROPOSERS

RFP COORDINATOR

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

QUESTION AND ANSWER PERIOD

PRE-PROPOSAL CONFERENCE

SUBMISSION OF PROPOSALS

PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE

REVISIONS TO THE RFP

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

LETTER OF SUBMITTAL (MANDATORY)

CERTIFICATIONS AND ASSURANCES (MANDATORY)

TECHNICAL PROPOSAL (SCORED)

MANAGEMENT PROPOSAL

COST PROPOSAL (SCORED)

4. EVALUATION AND CONTRACT AWARD

EVALUATION PROCEDURE

EVALUATION BREAKDOWN

VIRTUAL PRESENTATIONS MAY BE REQUIRED

NOTIFICATION TO PROPOSERS

DEBRIEFING OF UNSUCCESSFUL PROPOSERS

PROTEST PROCEDURE

5. RFP EXHIBITS

Exhibit A Certifications and Assurances Exhibit B Diverse Business Inclusion Plan Exhibit C Workers’ Rights Certification Exhibit D Small or Veteran-Owned Business Certification Exhibit E Service Contract Format with General Terms and Conditions

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1. INTRODUCTION

PURPOSE AND BACKGROUND

The Washington Department of Commerce, hereafter called "COMMERCE,” is initiating this Request for Proposals (RFP) to solicit Proposals from those qualified and interested in participating in a project to execute the Tier 2 Compliance Assistance Project by:

1. Developing an outreach plan and conducting outreach to organizations and Tier 2 building owners located in rural and underserved communities, and other identified priority buildings.

2. Hosting in-person and virtual resource fairs to raise awareness about the Clean Buildings

Performance Standard (CBPS) and the benefits of energy efficiency, and support Tier 2 building owners with compliance.

3. Providing CBPS coaching services and technical assistance to bring Tier 2 building closer to or into compliance with the CBPS, as well as providing information and support about incentives and other funding opportunities.

The Clean Buildings Performance Standard (CBPS), established through legislation enacted in 2019, requires Commerce to establish rules for energy performance standards for covered commercial buildings, to collect data on compliance, and to report on outcomes. The Clean Buildings expansion bill passed into law March 2022 to include Tier 2 covered buildings. The CBPS seeks to maximize reductions in greenhouse gas emissions from the building sector. The CBPS includes benchmarking by building type, requirements for an energy management plan, an operations and maintenance program, and depending on the building tier and compliance pathway, may require energy efficiency audits and investments in energy efficiency measures.

The CBPS applies to Tier 1 and Tier 2 buildings. A Tier 1 covered building is a building where the sum of nonresidential, hotel, motel and dormitory floor area exceeds 50,000 gross square feet, excluding the parking garage area. A Tier 2 building is a building where the sum of multifamily residential, nonresidential, hotel, motel and dormitory floor areas exceeds 20,000 gross square feet, but does not exceed 50,000 gross square feet, excluding the parking garage area. Tier 2 covered buildings also include multifamily residential buildings where floor areas are equal to or exceed 50,000 gross square feet, excluding the parking garage area.

RCW 19.27A.250(c) legislatively mandates Commerce to provide a customer support program to include “enhanced technical support, such as benchmarking assistance and assistance in developing energy management and operations and maintenance plans, for Tier 2 covered buildings whose owners typically do not employ dedicated building managers including, but not limited to, multifamily housing, childcare facilities, and houses of worship. The department shall prioritize under resourced buildings with high energy use, buildings in rural communities, buildings whose tenants are primarily small businesses, and buildings located in high-risk communities according to the department of health's environmental health disparities map.”

Tier 2 buildings have a compliance date of July 1, 2027. Commerce has identified over 18,000 Tier 2 buildings across the state and as of September 2026 6.7% of Tier 2 buildings are in compliance with the CBPS. With less than a year until the compliance date, additional awareness and technical support are needed for Tier 2 building owners. The Tier 2 Compliance Assistance Project is designed to raise awareness about the CBPS and funding opportunities, bring more Tier 2 building owners closer to or into compliance by July 1, 2027, and educate building owners about building efficiency.

COMMERCE intends to award one contract to provide the services described in this RFP.

OBJECTIVES AND SCOPE OF WORK

The awarded applicant shall execute the Tier 2 Compliance Assistance Project to reach and educate Tier 2 building owners and bring them into compliance by July 1, 2027. Between an estimated timeline of December 2026 – June 2027, the awarded applicant will develop an outreach plan and use the plan to https://app.leg.wa.gov/rcw/default.aspx?cite=19.27A.250

P a g e | 2 prioritize outreach to and support for Tier 2 building owners. Outreach will include planning and hosting multiple in-person and virtual resource fairs across multiple parts of Washington state.

Deliverables:

1. Develop an Outreach Plan

The awarded applicant will create an outreach plan, utilizing data from at a minimum the Washington Environmental Health Disparities Map and Commerce’s covered building list, to create a building priority list to inform outreach and education initiatives. The plan will prioritize, at a minimum, the following Tier 2 buildings that are:

• Located in jurisdictions that rank 8 – 10 within the following Environmental Health Disparities Map sections: environmental exposures, socioeconomic factors, and sensitive populations

• Located in rural counties, as defined by the Office of Financial Management

• Located in small towns with a population of 10,000 people or less

• Between 20,000 – 30,000 square feet

• K-12 schools, worship facilities, nonprofits, small businesses, childcare facilities, multifamily between 20,000 – 50,000 square feet, and publicly owned buildings

• Under-resourced with an energy use intensity (EUI) of 15 over the CBPS target

• Buildings with three or more building activity types

• Not served by a utility participating in the Tier 2 Early Adopter Incentive Program o Please find participating utilities here: Tier 2 Incentive Participating Utilities

The outreach plan should include marketing strategies that utilize a variety of outreach methods, such as social media campaigns and print advertisements. Plans should include tailored messaging with plain language that can be communicated to audiences unfamiliar with the buildings and the CBPS. Outreach should target both Tier 2 building owners and other relevant stakeholders, such as community-based organizations, building associations, and utilities. Applicants are encouraged to utilize other data sources, resources, and networks to identify buildings that have not been catalogued by Commerce.

The awarded applicant will submit a draft outreach plan to Commerce one month following the contract start date and finalized outreach plan following Commerce review.

2. Host In-Person and Virtual Resource Fairs

The awarded applicant will host a minimum of four in-person resource fairs and is encouraged to propose more to ensure a broad statewide presence, and at a minimum monthly virtual resource fairs. Location and outreach will be informed by the outreach plan, with a goal to reach building owners in rural and underserved communities across the state. Awarded applicants are encouraged to partner with community-based organizations and other trusted partners to plan and execute in-person and virtual resource fairs.

The resource fairs should, at a minimum:

• Raise awareness about the CBPS, the Tier 2 compliance deadline, the Tier 2 Early Adopter Incentive Program, and other available resources.

• Promote the Tier 2 Compliance Assistance Project and available services, resources, and templates.

• Promote the Qualified Energy Manager course and certification.

• Provide education about building operations and efficiency, helping building owners understand the value of energy benchmarking and conservation.

• Offer technical assistance to Tier 2 building owners seeking compliance support.

A list of locations, types of participants, services provided, and summary of results shall be provided to Commerce following each resource fair. At least one virtual resource fair shall include a training that is recorded and shared with Commerce for publication.

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3. Provide CBPS Assistance

The awarded applicant will utilize the outreach plan to provide energy coaching services and technical assistance to Tier 2 building owners, with 80% of services provided to building owners from the priority list. Energy coaching and technical assistance services could include, based on the identified needs of the Tier 2 building, but are not limited to the following compliance activities:

• Benchmarking, including Energy Star Portfolio Manager set-up, data entry, and general support

• Enrolling building owners in and navigating the Clean Buildings Portal

• Developing and sharing a simplified Tier 2 Operations & Maintenance Program template

• Drafting Energy Management Plans and Operations & Maintenance Programs

• Assisting in the submission of Tier 2 compliance applications, including acting as the Qualified Energy Manager as needed

• Assisting in the submission of exemption applications

• Assisting in the submission of extension requests

• Developing and sharing a template to identify low-hanging, no-cost energy efficiency measures

• Identifying and navigating funding opportunities, including but not limited to the Tier 2 Early Adopter Incentive Program, state and local government grants, state programs such as IRA HEAR, and utility rebates and incentives

The awarded applicant will report on the following data:

• Organizations and building owners contacted

• Confirmed building owner responses via outreach

• Services provided to building owners, including building owner information:

o Building address o Building square footage o City and county o Building activity types o Ownership type (public vs private)

• Number of compliance applications supported

• Number of compliance applications submitted

• Number of exemption applications submitted

• Number of extension requests submitted

• Number of building owners enrolled in the Clean Buildings Portal

• Hours spent on each listed compliance activity per building owner

• Percentage of each service provided to priority building owners

The awarded applicant will submit reports detailing services provided and data collected on a quarterly basis.

MINIMUM QUALIFICATIONS

Minimum qualifications include:

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

• At least one Qualified Person, as defined by the Clean Buildings Performance Standard, on staff within the prime or any subcontracted organization.

• Background in commercial buildings, building operations, and/or building efficiency.

• Expert knowledge of and experience with the Clean Buildings Performance Standard and Tier 2 compliance pathways.

• Experience providing technical assistance to audiences who may not be familiar with program requirements.

• Experience managing programs and providing services both in-person and remotely.

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• Sound methodology for program management, technical assistance, and outreach.

• Knowledge of how to incorporate equity considerations into outreach and service delivery.

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 $600,000 for this project. 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 for additional related services. Additional funding is not guaranteed.

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

MANDATORY AWARD TO SMALL OR VETERAN-OWNED BUSINESS

As of April 1, 2023, COMMERCE is required to award competitively procured service contracts with an initial value less than $150,000 to the highest-ranked responsive and responsible Small or Veteran- Owned Business, unless there was no responsive and responsible Proposal from a Small or Veteran- Owned Business. Any ties may be resolved by virtual presentations, the results of reference checks, or other means. This does not apply to grants, pass-through funding, or any RFP in which for-profit entities are not eligible. This also does not apply to any RFP with a federal funding source.

See Exhibit D for Small and Veteran-Owned Business certification.

PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on contract execution and to end on June 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.

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 RFP include:

Apparent Successful Contractor/Bidder/Vendor/Grantee/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 RFP.

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

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

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

Proposal: A formal offer submitted in response to this Request for Proposals.

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

Request for Proposals (RFP): 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 RFP is to permit the Proposer community to suggest various approaches to meet the need at or below a given funding level.

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

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

ADA

COMMERCE complies with the Americans with Disabilities Act (ADA). Proposers may contact the RFP Coordinator to receive this Request for Proposals in Braille or on tape.

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2. GENERAL INFORMATION FOR PROPOSERS

RFP COORDINATOR

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

Name Sam Pfeifer

E-Mail Address CBPSGrants@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 RFP Coordinator. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Proposer.

ESTIMATED SCHEDULE OF PROCUREMENT ACTIVITIES

Issue Request for Proposals October 1, 2026

Question & answer period October 1, 2026 – October 16, 2026

Answers to Q&A posted no later than October 19, 2026

Pre-Proposal Conference October 8, 2026 at 1 p.m. PT

Proposals due November 2, 2026 by 5 p.m.

PT

Evaluate proposals November 3, 2026 – November 10, 2026

Conduct virtual presentations with finalists, if required November 12, 2026 – November 16, 2026

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

November 23, 2026

Hold debriefing conferences (if requested) December 1 – December 4, Negotiate contract November 24, 2026 – December 15, 2026

Earliest date contract may be signed December 15, 2026

COMMERCE reserves the right to revise the above schedule.

mailto:CBPSGrants@commerce.wa.gov

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QUESTION AND ANSWER PERIOD

COMMERCE will accept questions about this RFP sent to the RFP 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. Q&A documents will be posted here: Tier 2 Compliance Assistance Project RFP | Powered by Box

PRE-PROPOSAL CONFERENCE

A pre-proposal conference will be held on October 8, 2026 at 1 p.m., Pacific time. The pre-proposal conference will be virtual only, on a platform such as Zoom or Microsoft Teams. All prospective Proposers are encouraged attend; however, attendance is not mandatory.

Zoom registration link:

https://wastatecommerce.zoom.us/webinar/register/WN_w2vyH53eTpqCFC5qihOvjA

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 RFP Coordinator to send them RFP addenda. A recording of the pre-proposal conference will be posted here: Tier 2 Compliance Assistance Project RFP | Powered by Box.

SUBMISSION OF PROPOSALS

ELECTRONIC PROPOSALS:

The proposal must be received by the RFP Coordinator no later than 5pm Pacific Time, in Olympia, Washington, on November 2, 2026.

Proposals must be submitted electronically as an attachment to an e-mail to the RFP Coordinator, at the e-mail address listed in Section 2.1. Attachments to e-mail shall be in Microsoft Word format, PDF and any other formats listed in Section 3 Proposal Contents. 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 RFP 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 RFP may be collected and considered for continuous improvement purposes.

PROPRIETARY INFORMATION AND PUBLIC DISCLOSURE

Proposals submitted in response to this RFP shall become the property of COMMERCE. All Proposals received shall remain confidential until the Apparent Successful Contractor 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 https://deptofcommerce.app.box.com/folder/420171069367?s=en20h6havjcxuzts8o04il76dywnv6x8 https://deptofcommerce.app.box.com/folder/420171069367?s=en20h6havjcxuzts8o04il76dywnv6x8 https://wastatecommerce.zoom.us/webinar/register/WN_w2vyH53eTpqCFC5qihOvjA https://deptofcommerce.app.box.com/folder/420171069367?s=en20h6havjcxuzts8o04il76dywnv6x8 https://deptofcommerce.app.box.com/folder/420171069367?s=en20h6havjcxuzts8o04il76dywnv6x8

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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 RFP Coordinator is required. All requests for information should be directed to the RFP Coordinator.

REVISIONS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, we will post the updated version in this box folder for the RFP: Tier 2 Compliance Assistance Project RFP | Powered by Box. Also, addenda will be provided via e-mail to all individuals who have made the RFP 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/. For this purpose, the published questions and answers and any other pertinent information shall be provided as an addendum to the RFP and will be placed on the website. Such addenda will also be published anywhere the RFP 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 RFP Coordinator to request to receive any NOFO addenda.

COMMERCE also reserves the right to cancel or to reissue the RFP in 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.

https://deptofcommerce.app.box.com/folder/420171069367?s=en20h6havjcxuzts8o04il76dywnv6x8 https://fortress.wa.gov/ga/webs/ https://www.commerce.wa.gov/contracting/

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COMPLAINT PROCESS

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

Disqualified Proposers will be notified at the time Apparent Successful Contractor is announced.

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 Contractor should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. 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 Contractor will be expected to enter into a contract which is substantially the same as the example contract and its general terms and conditions attached as Exhibit E. 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 RFP. 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

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

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NO OBLIGATION TO CONTRACT

This RFP 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 RFP.

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 RFP. 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 Contractor 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 Contractor 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 Contractor 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 Contractor shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and, if requested, a copy shall be forwarded to COMMERCE within fifteen (15) days of the contract effective date. Standard insurance requirements are included within the example contract and its special terms and conditions attached as Exhibit E.

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

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3. PROPOSAL CONTENTS

ELECTRONIC PROPOSALS:

To be responsive, Proposals must contain all eight items below, written in English, and submitted electronically to the RFP Coordinator in the following order:

1. Letter of Submittal

2. Certifications and Assurances (Exhibit A to this RFP)

3. Technical Proposal

4. Management Proposal

5. Cost Proposal

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

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

8. Small or Veteran-Owned Business Certification (Exhibit D to this RFP)

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.

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 and any proposed subcontractors:

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

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

C. Legal status of the 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 Contractor.

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 a conflict of interest exists, the Proposer may be disqualified from further consideration.

G. Indicate whether your organization is new to Washington state contracting or pass-through funding in its sole discretion.

CERTIFICATIONS AND ASSURANCES (MANDATORY)

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The Certifications and Assurances form (Exhibit A to this RFP) 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).

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. 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 RFP. 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 and specify which deliverables the subcontractor will work on, but do not select subcontractors until all relevant requirements have been reviewed, including the Code of Federal Regulations if applicable. The Proposer should identify existing relationships, partnerships, or networks that will be utilized to achieve deliverables.

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. The project schedule should outline strategies that address the upcoming Tier 2 compliance deadline on July 1, 2027.

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. Proposals should include goals and estimates of anticipated outreach metrics, and an estimate for the number of Tier 2 buildings that will be served (deliverable 3).

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 the deliverables to be submitted under the proposed contract.

Deliverables must support the purpose of this RFP described in Section 1.1 and meet 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

P a g e | 13 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, including any subcontractors, who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel.

B. Experience of the Proposer (SCORED)

1. Indicate the experience the Proposer has in the following areas. If the Proposer does not have the specified experience, explain whether the Proposer plans to seek a subcontractor with that experience or other mitigation strategy:

a) At least one Qualified Person, as defined by the Clean Buildings Performance Standard, on staff within the prime or any subcontracted organization. Yes or no. Explain.

b) Background in commercial buildings, building operations, and/or building efficiency. Yes or no. Explain.

c) Expert knowledge of and experience with the Clean Buildings Performance Standard and Tier 2 compliance pathways. Yes or no. Explain.

d) Experience providing technical assistance to audiences who may not be familiar with program requirements. Yes or no. Explain.

e) Experience managing programs and providing services both in-person and remotely. Yes or no. Explain.

f) Sound methodology for program management, technical assistance, and outreach. Yes or no. Explain.

g) Knowledge of how to incorporate equity considerations into outreach and service delivery. Yes or no. Explain.

2. Indicate any other relevant experience that shows the qualifications of the Proposer, and any subcontractors, for the performance of the potential contract.

3. 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 RFP. List contract reference numbers, period of performance, contact persons, telephone numbers, and e-mail addresses.

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.

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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) references the Proposer has done business with and three (3) professional references the lead staff person has performed work for 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 Sections 1.5 and 2.9, and visit:

www.omwbe.wa.gov or https://www.dva.wa.gov/.

COST PROPOSAL (SCORED)

The total amount proposed must not exceed the amount specified in Section 1.4 to be considered responsive to this RFP. The cost proposal should break down the budget by deliverables.

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 RFP. However, Proposers are encouraged to submit Proposals which are consistent with state government efforts to conserve resources.

Identification of Costs (SCORED)

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.

Costs for work to be completed by subcontractors are to be broken out separately.

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

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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 RFP 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 RFP 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.

Funding will be prioritized to certified small, minority-, women-, or veteran-owned businesses, or organizations that are new to Washington state contracting or pass-through funding in its sole discretion.

Technical Proposal – 70% Project Approach/Methodology – 10 points Work Plan – 15 points Project Schedule – 10 points Outcome and Performance Measurement – 20 points Risks – 5 points Deliverables – 10 points

Management Proposal – 20% Project Team Structure – 5 points Internal Controls – 5 points Staff Qualifications and Experience – 5 points Minimum Qualification Explanations – 5 points

Cost Proposal – 10%

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 5% 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. See also Section 1.5 MANDATORY

AWARD TO SMALL OR VETERAN-OWNED BUSINESS.

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.

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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 Contractor.

NOTIFICATION TO PROPOSERS

COMMERCE will notify the Apparent Successful Contractor(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 RFP 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 RFP 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 RFP Coordinator. Protests must be received by the RFP 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 RFP 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 RFP.

All protests must be in writing, addressed to the RFP Coordinator, and signed by the protesting party or an authorized agent. The protest must state the RFP 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 RFP or…