WA_State_Supreme_Court_DJTF RFP.pdf

Competitive Solicitation #2024-08-26

WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS (AOC)

COMPETITIVE SOLICITATION

#2024-08-26

REQUEST FOR PROPOSALS

Project Title: Advancing Disability Justice in Washington State Courts

Estimated Contract Performance Period: September 2024 through June 2025

Response Due Date: All Responses must be received in their entirety by 3:00 p.m. Pacific Daylight Time on 09/06/2024 unless an Amendment is issued modifying the Solicitation Schedule set forth in Section 3.1 of this Solicitation Document.

Submit Response To: Responses must be submitted to:

Kerra Lynch, Coordinator.

Administrative Office of the Courts Email: Procurments@courts.wa.gov

Solicitation and Amendments Will Be Posted on:

AOC Website: Washington State Courts - Procurement WEBS Website: https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips OMWBE Website: Bids & Contracting Opportunities | Office of Minority and Women's Business Enterprises (wa.gov)

Applicable WEBS Commodity Codes: 918-25 Compliance Consulting, American Disabilities Act; 952-77 Research and Evaluation, Human Services (including Productivity Audits); 918-79 Minority and Small Business Consulting https://www.courts.wa.gov/procure/ https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips https://des.wa.gov/services/contracting-purchasing/doing-business-state/webs-registration-search-tips https://omwbe.wa.gov/small-business-assistance/bids-contracting-opportunities https://omwbe.wa.gov/small-business-assistance/bids-contracting-opportunities

TABLE OF CONTENTS

Section 1. Contract Requirements

Section 2. Definitions………………………………………………………….………

Section 3. Explanation of Solicitation Process

Section 4. Instructions Regarding Content, Format and Submission of Responses .......................................................... ……….…

Section 5. Evaluation of Responses

Section 6. Debriefing and Protest Procedure ............................... ………………………

Section 7. Contracting Procedures .......................................... ………………………….

Attachments:

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

1. Purpose

This competitive solicitation is issued in order to assist the Washington State Supreme Court Disability Justice Task Force (DJTF) referred to as the Washington State Administrative Office of the Courts (AOC) in seeking qualified contractor(s) to lead a comprehensive Disability Justice Study within Washington State Courts. The purpose of this study is to uncover and address barriers that individuals with disabilities face in accessing justice, particularly within the state court system.

By applying a disability justice lens, this study seeks to ensure that all court users, especially those from intersecting marginalized communities, experience justice that upholds dignity, equity, and full participation. The Vendor will collaborate closely with judicial officers, court employees, and impacted communities to create actionable strategies and recommendations for systemic change. These efforts will directly contribute to the DJTF's mission of transforming Washington State Courts into a model of inclusivity and equity.

2. Background

The DJTF envisions a statewide court system where disability justice is the foundation, ensuring that individuals with disabilities are fully included, respected, and able to participate fully in the justice process. This vision emphasizes dignity, equity, respect, and the proactive removal of barriers through intentional and equitable practices. To bring this vision to life, the DJTF is collaborating with judicial officers, court employees, impacted communities, and other stakeholders across Washington State to conduct a comprehensive study.

Disability justice, as defined by the DJTF, serves as a framework for understanding and dismantling ableism the root cause of disability oppression by developing practices rooted in justice and equity. This project is grounded in disability justice principles and integrates aspects of access to justice to enhance accessibility and fairness within the state courts. The research team will lead the efforts in conducting research, analyzing data, and providing recommendations that align with this foundational vision, ensuring that Washington State Courts not only meet legal requirements but also set the standard for an inclusive and equitable environment for all individuals.

3. Scope

The successful Bidder will be required to perform the work and provide the deliverables set forth below:

a. Use a Disability Justice Lens and Access to Justice Framework:

o The selected contractor will explore the possibility of identifying the nature and extent of barriers to state court services and programs, focusing on their impact on court users with disabilities, including those with intersecting marginalized identities (e.g., Black, Indigenous, Latino, Asian Pacific Islander, LGBTQIA+). This approach should ensure that the analysis addresses the intersectionality of identities and how these compounds the challenges faced by individuals with disabilities.

SECTION 1.

CONTRACT REQUIREMENTS

b. Assessment and Analysis:

o Conduct a thorough assessment of current barriers to disability justice within Washington State courts, including but not limited to physical, programmatic, and cultural barriers. This assessment should focus on how these barriers intersect with other social identities and impact the full participation of individuals with disabilities within the court system, ensuring that the study’s findings are comprehensive and aligned with the DJTF’s vision.

c. Survey and Data Collection:

o Court User Surveys: Develop and implement surveys targeting legal professionals, disability organizations, and court users to uncover barriers to access and participation.

o Survey Analysis: Analyze the collected data to identify recurring themes and specific challenges related to accessibility, guiding the development of recommendations.

o Interviews and Focus Groups: Conduct in-depth interviews and focus groups with individuals with disabilities and other stakeholders to gain deeper insights into court accessibility.

d. Court and Accessibility Evaluations:

o The selected contractor is likely to have opportunity to visit up to five courts for in-depth evaluations, if needed. These site visits could involve observing and evaluating their accessibility practices, with a focus on identifying both exemplary practices and areas needing improvement.

This would potentially provide a comprehensive view of how disability justice is currently being upheld within the court system.

e. Accessibility and Compliance Review:

o Compliance Review: Examine court compliance with disability rights laws, focusing on Washington Courts General Rule 33 and the ADA, and identify gaps for improvement.

o Barrier Identification: Identify specific barriers in key areas—physical, technological, programmatic, communication, and cultural—to inform comprehensive solutions.

o Literature Reviews: Conduct literature reviews to ensure that recommendations are informed by the latest evidence and aligned with best practices in disability justice.

o Develop Evidence-Based Recommendations:

The research team, with input from the Disability Justice and Community Engagement Expert, will create recommendations to address barriers and improve equity and accessibility for court users with disabilities. These recommendations will be grounded in data from surveys, interviews, focus groups, and relevant research, ensuring alignment with disability justice principles.

o Best Practices Collaboration:

Based on the evidence-based recommendations, the research team will work with the AOC ADA Coordinator, DJTF Task Force Members, and the Disability Justice and Community Engagement Expert to develop actionable best practices. These practices will guide the implementation of the recommendations, promoting inclusivity and equity across the court system.

f. Recommend Policy Changes:

Provide policy recommendations that incorporate evidence-based strategies to enhance equity, access, and accessibility for individuals with disabilities, including those with intersecting marginalized identities that are grounded in the principles of disability justice and access to justice.

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

4. Bidder Minimum Qualifications

All Bidders must meet the following minimum qualifications:

a. Requirements:

• Licensed to do business in the State of Washington or provide a commitment that it will become licensed in Washington within thirty

(30) calendar days of being selected as an Apparently Successful Bidder.

b. Must be able to meet the timeline of activities below:

• Research Team Hired: No later than September 2024.

• Preliminary Findings: January 31, 2025.

• Final Report Draft: May 15, 2025.

• Final Report (Edited and Designed): June 16, 2025.

• Symposium Presentation: June 2025.

c. Attachment D. Bidder Response must be anonymous. Information including but not limited to; name, logo, and referencing business identifiers when providing answers.

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

5. Period of Contract Performance

AOC intends to award one Contract for the Services described in this Competitive Solicitation. The period of performance under the Contract shall be Date of execution through June 30, 2025. The term of the Contract may be extended by amendment at the sole discretion of AOC. Additional services that are appropriate to the scope of this Solicitation, as determined by AOC, may be added to the Contract in a mutually agreeable amendment.

6. Funding

Any contract awarded as a result of this solicitation is contingent upon the availability of funding. This amount shall not exceed One Hundred Seventy-Five Dollars ($175,000).

AOC may reject any Response in excess of that amount, although AOC does guarantee any minimum purchase from the Contract(s). Contract amount may be increased by amendment at the sole discretion of AOC.

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

Agency or AOC – Washington State Administrative Office of the Courts is the agency of the state of Washington that is issuing this Solicitation.

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

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

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

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

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

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

Contractor – Individual or organization whose proposal has been accepted by AOC and is awarded a fully executed, written contract.

Coordinator – An individual or designee who is employed by AOC and who is responsible for conducting this Solicitation.

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

- Washington State Administrative Office of the Courts.

OWMBE - Office of Minority and Women’s Business Enterprises (OMWBE) Procurement - The broad process of identifying goods and services for purchase or acquisition, of effecting the purchase or acquisition, and of managing the purchase or acquisition. This Solicitation is a part of an overall Procurement process. Despite the broader meaning attributed to “procurement”, for purposes of this Solicitation, the terms Solicitation, RFP and Procurement are interchangeable.

SECTION 2

DEFINITIONS

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

Proposal - A formal offer submitted in response to this RFP.

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

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

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

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

RFP – The request for proposals, set forth in this Solicitation document.

Scope of Work – The Project or work scope set forth in this Solicitation Document that identifies AOC’s contractual needs and requirements.

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

Small Business - An in-state business, including a sole proprietorship, corporation, partnership, or other legal entity, that: (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.

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

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

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

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

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

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

http://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.160 https://apps.leg.wa.gov/rcw/default.aspx?cite=39.19 https://pr-webs-vendor.des.wa.gov/

1. Solicitation Schedule

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

Item Action Date

1. AOC Agency posts Competitive Solicitation. 8/26/2024

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

As Soon AS Possible

3. Bidder may submit written questions until 3:00 p.m. Pacific Daylight Time.

8/30/2024

4. AOC will post responses to written questions. 9/3/2024

5. Bidder must submit Response by 3:00 p.m. Pacific Daylight Time 9/6/2024

6. AOC evaluation of written Responses 9/6/2024 through 9/13/2024

8. Announcement of Apparent Successful Bidder(s) on WEBS and beginning of contract negotiations

9/16/2024

9. AOC notifies unsuccessful Bidder(s) 9/16/2024

10. Bidders may request a debriefing conference until 3:00 p.m. Pacific Daylight Time

9/19/2024

11. AOC holds debriefing conferences, if requested 9/20/2024

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

Five business days after date of debriefing

13. AOC considers Protests, if any, and issues determination 9/27/2024

14. Contract Estimated Execution/Start Date 9/30/2024

SECTION 3

EXPLANATION OF SOLICITATION PROCESS

2. Posting of Solicitation Documents

AOC shall post this Solicitation, and all amendments and announcements relating to this Solicitation, on WEBS, and OWMBE. WEBS can be accessed at: https://pr-webs-vendor.des.wa.gov/. OWMBE can be accessed at: Bids & Contracting Opportunities | Office of Minority and Women's Business Enterprises (wa.gov). In order to inform the largest number of potential bidders about this opportunity, AOC shall also post documents relating to this Solicitation on the Procurements page of the AOC website, found at:

Washington State Courts - Procurement

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

This should be done as soon as possible in order for Bidder to receive notifications automatically generated on WEBS, but no later than the date set forth on Section 3.1., Solicitation Schedule for Announcement of the Apparent Successful Bidder(s).

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

AOC may amend or add to, retract from or cancel this Solicitation at any time, in whole or in part, and without penalty. AOC reserves the right at its sole discretion to reject all bids and cancel or rebid this Solicitation. All amendments and notifications of cancellation shall be posted on WEBS. In the event of a conflict between amendments or between an amendment and this Solicitation Document, the document issued latest shall control.

4. Communications regarding Solicitation

Upon the posting of this Solicitation, all communications concerning this Solicitation must be directed to the Coordinator listed on the cover page of this Solicitation document. AOC may disqualify any Bidder who communicates with anyone in AOC other than the Coordinator regarding this Solicitation.

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

5. Questions and Answers

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

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

https://pr-webs-vendor.des.wa.gov/ https://pr-webs-vendor.des.wa.gov/ https://omwbe.wa.gov/small-business-assistance/bids-contracting-opportunities https://omwbe.wa.gov/small-business-assistance/bids-contracting-opportunities https://www.courts.wa.gov/procure/

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

In accordance with the legislative findings and policies set forth in RCW 39.19, 43.60A.200, 39.26.240 and 39.26.245, the State of Washington encourages participation by veteran-owned business enterprises and Minority-Owned and Women-Owned Business Enterprises (MWBE), certified by the Department of Veterans Affairs or the Office of Minority and Women’s Business Enterprises (OMWBE), respectively.

Participation by veteran-owned and MWBE contractors may be either on a direct basis in response to this Solicitation or as a subcontractor to a contractor. However, preference may be given in the evaluation of Bids, no minimum level of MWBE or veteran-owned business participation shall be required, and Bids will not be evaluated, rejected, or considered non-responsive on that basis.

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

7. Acceptance of Solicitation Terms

In submitting a Response, Bidder must include a signed Bid Submission Letter in the form set forth in Attachment B, and a signed Bidder Certifications in the form set forth on Attachment C, Bidder must acknowledge that in submitting a Response, it accepts all terms of this Solicitation Document, including any Attachments or Exhibits, and that Bidder’s Response constitutes a binding offer. Bidders may not alter or redline the solicitation terms or requirements in their response. Submitting altered or redlined solicitation terms or requirements in the Bidder Response may result in bidder disqualification. If a Bidder has suggested modifications to any of the terms of this Solicitation Document, including all of its Attachments, they should submit them in Attachment D. Bidder Response Form.

8. Withdrawal of Responses

After a Response has been submitted, Bidders may withdraw their Response at any time up to the Response due date and time as specified in Section 3.1, Solicitation Schedule.

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

9. Ownership of Responses

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

http://www.omwbe.wa.gov/ http://www.omwbe.wa.gov/ http://omwbe.wa.gov/ http://www.dva.wa.gov/program/veteran-owned-business-certification

10. Announcement of Successful Bidder(s)

AOC shall announce the Apparent Successful Bidder(s) on WEBS on the date indicated in Section 3.1., the Solicitation Schedule. All announcements of Apparent Successful Bidders are subject to the negotiation of a Contract satisfactory to AOC.

Bidders who are not announced as an Apparent Successful Bidder may request a debriefing conference with the Coordinator concerning the evaluation of their bid and may, under certain circumstances, file a formal protest requesting that AOC provide an identified remedy if Bidder believes certain types of errors occurred. A more detailed description of these processes is set forth in Section 6, Debriefing and Protest Procedure.

11. Ethics, Policies and Law

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

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

SECTION 4

INSTRUCTIONS REGARDING CONTENT, FORMAT AND SUBMISSION OF

WRITTEN RESPONSES

Bidders shall submit their Responses utilizing Attachments B, C, and D to this Competitive Solicitation. Each Attachment represents a separate section of the Response. Failure to complete and submit all required Attachments, and to sign them, if applicable, may result in Bidder disqualification. Responses should use proper grammar, spelling and punctuation and should be submitted in the following order with each section of the Response clearly labeled.

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

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

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

All Bidders must submit the Bidder certifications and assurances form, set forth in Attachment C, signed by an individual authorized to bind the Bidder contractually. Bidders may not alter or redline the Bidder Certifications and Assurances form in their response.

Submitting altered or redlined solicitation terms or requirements in the Bidder Response may result in Bidder disqualification.

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

Scored)

This is an anonymous solicitation therefore the Bidder Response form must be anonymous. Information including but not limited to; name, logo, and referencing business identifiers when providing answers.

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

The Bidder Response Form is posted separately from this Solicitation document in Microsoft Word format. Except for limits that are noted on the Bidder Response Form, Bidders may utilize as much space as is reasonably required to respond to each question, provided all questions are repeated and remain numbered and ordered as set forth in Attachment D. If additional pages are needed, they should be attached to the page containing the initial portion of the response to a question and should be marked clearly to indicate that they provide a continuation of Bidder’s answer to a specific numbered question. Bidders should not submit product brochures, white papers, customer testimonials, cut sheets, or other pre-prepared materials in response to any of the questions.

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

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

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

4. Proprietary Information/Public Disclosure

Materials submitted in response to this Solicitation shall become the property of AOC and will not be returned. All proposals received shall remain confidential until AOC announces the ASB, at which time the proposals shall be deemed public records subject to disclosure under General Court Rule 31.1.

The Bidder’s Response must include, on Attachment F, a statement identifying the paragraphs of its Response, if any, which contain information the Bidder considers proprietary and exempt from disclosure, clearly stating the justification for each entry.

Each page containing the information claimed to be exempt from disclosure must be 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.

When a public records request is received for a document that is otherwise disclosable and includes information considered by the Bidder to be confidential, the AOC public records officer will notify the Bidder of the request and of the date that the records will be released to the requester, allowing ten business days for the Bidder to obtain an injunction enjoining disclosure of the identified proprietary information. If the Bidder fails to obtain an injunction, the public records office will release the requested information in its entirety on the date specified. If a Bidder obtains an injunction and ensures that it is received by the public records officer prior to the scheduled release date, AOC shall abide by the injunction, while disclosing the remainder of the requested materials.

5. Submission of Responses

Bid Responses must be submitted in the format as presented in this solicitation. Bid Responses must be emailed directly to the Coordinator at the email address provided on the cover sheet of this Solicitation Document. Bid Responses must be received by the Coordinator in their entirety on or before the due date and time set forth in Section 3.1., the Solicitation Schedule, unless a posted Amendment to this Competitive Solicitation changes this due date and time. Bidder’s completed version of each of the Attachments B, C, and D to this Competitive Solicitation shall be included as a separate attachment to the Bidder’s email(s).

Bidders assume all risks for the timely submission of the Response. Bidders are responsible for allowing sufficient time to ensure timely electronic receipt of their Response by the Coordinator. AOC does not assume responsibility for problems with the Bidder’s email, network or problems with the mail, parking, traffic or the services of any third party courier. However, if AOC email is not working properly, appropriate allowances will be made.

AOC will not accept late Responses, nor grant time extensions for individual Bidders. AOC will disqualify any Response and withdraw it from consideration if it is received after the Response submission due date and time.

6. Acceptable Electronic Formats for Submission of Responses

Attachment D, Bidder Response Form, should be submitted in Microsoft Word. Other Response documents must be formatted in Portable Document Format (Adobe Acrobat PDF) or Microsoft Word, Excel, or PowerPoint. Spreadsheet documents must be submitted in Microsoft Excel and in a live, unprotected file that includes all formulas, macros, and computations that are relied on or used to calculate any rates or values presented therein.

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

1. Bid Responsiveness; Administrative Review

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

• Attachment D. Bidder Response Form must be anonymous. Information including but not limited to; name, logo, and referencing business identifiers when providing answers.

• Incomplete Response

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

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

• Submission of incorrect, misleading, or false information

• History of prior unsatisfactory contractual performance

The Coordinator may contact any Bidder for clarification of the Response.

If a Response is deemed non-responsive, it shall be removed from further consideration, and be disqualified from further evaluation. AOC shall notify non-responsive Bidder(s) of this determination in writing and the supporting reasons.

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

2. Errors in Bidder Response

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

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

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

3. Evaluation Criteria and Scoring of Responses

Following the administrative review, Responses shall be evaluated, and points shall be awarded for the management, technical and cost proposal components of the Response, as applicable, based upon Bidder’s responses to the questions set forth in Attachment D, SECTION 5

EVALUATION OF RESPONSES

Bidder Response Form. Additional evaluation points may be awarded for specific criteria not included in Attachment D, Bidder Response Form only if set forth in this Section.

The maximum number of points available for each Bidder is Two Hundred and Fifty (250).

The maximum number of points that may be assigned with respect to specific questions is set forth on Attachment D, Bidder Response Form. The overall breakdown for assignment of points in evaluating Responses to this Solicitation is as follows:

4. Written Bid Evaluation Process

AOC shall designate an evaluation team of at least three (3) evaluators to review, evaluate, and score the written question responses. These evaluators will be selected based on their qualifications, experience, capability and background. If oral interviews or presentations are conducted, additional evaluators may supplement or replace some or all of the individuals performing the written evaluation.

Evaluators shall assign scores up to the maximum points available. Individual evaluator points will be totaled and the average points for each Bidder will be calculated. The Bidder’s average points earned for each question will be added together to determine the Bidder’s total written evaluation points.

5. Evaluation Firms without Mandatory Individual Arbitration for Employees

Pursuant to RCW 39.26.160(3) (best value criteria), set forth in Attachment D, Bidder Response Form, any bidder who certifies that their firm does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

Successful bidders who certify that their employees are NOT required to sign these clauses and waivers as a condition of employment will have a section added to their contract incorporating this response and requiring notification to AOC if they later require their employees to agree to these clauses or waivers during the term of the contract.

6. Bidder’s References

Once the written evaluations are completed, AOC may contact references provided by the top-ranked Bidder(s) in order to investigate past performance and validate information in Bidder Responses. In submitting a Response, Bidder agrees that it shall hold harmless AOC and any individuals identified as references from and against liability resulting from the provision of information or the receipt and use of that information in evaluating Bidder’s

Management (Qualifications) Response……………….............. 100 maximum points Technical Response….……………………………………………..105 maximum points Cost Proposal (Quotations)…………………………………………..45 maximum points References demonstrating superior reliability and quality………………………………………………………………Pass/Fail

Total Possible Points ……………..……………..………….........250 maximum points

Response.

References will be evaluated on a pass/fail basis. AOC may reject a bid if a reference provides negative information about a Bidder’s past performance.

AOC may, at any time, require additional or substitute references to determine the Bidder’s experience and level of responsibility. AOC reserves the right to contact other references known to the state. If the reference check process reveals information that should properly be considered in evaluating Bidder’s responses, AOC may, in its sole discretion, reconvene the evaluation panel to reconsider the evaluation scoring in light of the information obtained.

7. Selection of Apparent Successful Bidder

The Bidder that receives the highest total number of possible points may be presented to AOC management for consideration as a finalist for the Apparent Successful Bidder. In the event multiple Contracts will be awarded, the applicable number of top-scoring Bidders will be considered.

The selection process shall determine which Bidder provides the best value in meeting the needs of AOC. Selection of the Apparent Successful Bidder(s) depends upon AOC’s assessment of multiple factors, including Bidders’ qualifications, capabilities, efficiency, experience, reliability, responsibility, integrity, quality of proposed services and deliverables, timeliness, cost and potential impact on AOC’s needs. AOC may consider whether the Response encourages diverse contractor participation; whether the Bid provides competitive pricing, economies and efficiencies; whether the Bidder considers human health and environmental impacts; whether the Response appropriately weighs cost and non-cost considerations; and life cycle cost, as applicable. AOC may also consider a Bidder’s documented performance on prior State or other contracts and may reject Responses of any Bidder who has failed to perform satisfactorily under any previous contract with the state or another party. AOC reserves the right to select a Bidder whose Response is deemed to offer the best overall value and that is in the best interests of AOC and the State of Washington.

Agency management shall make the final determination as to which Bidder(s), initially designated as finalist(s), shall be officially selected and announced on WEBS as the Apparent Successful Bidder(s) on or about the date and time set forth in Section 3.1., Solicitation Schedule. AOC may also notify the Apparent Successful Bidder(s) and the unsuccessful Bidder(s) of its determination via email on or about the date and time specified in Section 3.1., Solicitation Schedule.

AOC’s decision will be subject to the execution of a Contract satisfactory to AOC within a reasonable period of time following the announcement of the Apparent Successful Bidder on WEBS. In the event the parties are unable to reach agreement on the final details of a Contract, consistent with Attachment A, Sample Contract, AOC shall have the option of negotiating with the next highest ranked Bidder and of revising the announcement of the Apparent Successful Bidder.

1. Debriefing Conferences

No later than 3:00 p.m. Pacific Daylight Time, on the third business day following the posted announcement of Apparent Successful Bidder(s) on WEBS, Bidders who are not selected as a Successful Bidder may send an email to the Coordinator requesting a Debriefing Conference. Since debriefing conferences pertain to the formal evaluation process, Bidders who were disqualified as nonresponsive and therefore did not go through the formal evaluation process are not entitled to request a Debriefing Conference. Unless a different date is agreed upon by the Coordinator, the Debriefing Conference will be held on a date designated in Section 3.1., Solicitation Schedule.

Discussion at debrief conference(s) will be limited to the following:

• Evaluation and scoring of the Bidder’s Response

• Critique of the Response based on the evaluation

• Review of Bidder’s final score in comparison with the other final scores

No comparisons between Bids will be allowed during the Debriefing Conference, which shall be conducted virtually, and shall last for a maximum period of one hour.

2. Grounds and Filing of Protests

A Bidder who has participated in a Debriefing Conference may file a formal Protest if the Bidder asserts that there are facts that indicate error in the evaluation of Bids on one or more of the following grounds:

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

• Errors in computing the scores; or

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

Protests must be emailed to the Solicitation Coordinator and must be received no later than 3:00 p.m. (Pacific Daylight Time) on the fifth (5th) business day following the day of the Bidder’s Debriefing Conference. The Protest must adhere to the requirements set forth in this Section or it will not be considered. This Protest procedure constitutes the sole administrative remedy available to Bidders from AOC under this Solicitation.

Protests must include the protestor’s mailing address and phone number and the name of the individual responsible for filing the Protest. The Protest must state the Solicitation number and title, the grounds for the Protest, specific facts to support these grounds, and a description of the relief or corrective action being requested.

Protests not based on one of the grounds set forth in this Section will be rejected. It is not grounds for a protest to question an evaluator’s professional judgment on the quality of a Response or AOC’s assessment of its own needs or requirements.

SECTION 6

BIDDER DEBRIEFING

AND PROTEST PROCEDURE

3. AOC Protest Review Process

The Coordinator will immediately forward any Protest to the AOC Protest Officer, who will be an employee delegated by the Director who was not involved in the solicitation. The Protest Officer will consider the record and all available facts and issue a decision within five (5) 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 involve the conduct of or information submitted by another Bidder that also submitted a Response, such Bidder will be given an opportunity to submit its views and any relevant information on the issue(s) raised by the protest to the Solicitation Coordinator.

4. Determination of Protests

The Protest Officer shall issue a written determination regarding the Protest. This written determination shall include one or more of the following determinations:

• Find the protest lacking in merit and uphold AOC’s action; or

• Find only technical or harmless errors in AOC’s acquisition process and determine AOC to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide AOC options, which may include:

-- Correct the errors and re-evaluate all proposals, and/or -- Reissue the solicitation document and begin a new process, or -- Make other findings and determine other courses of action as appropriate.

If AOC determines that the protest is without merit, AOC will enter into contracts with the Apparently Successful Bidder(s). If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

1. Contract Execution

The Apparent Successful Bidder(s) is expected to sign a contract with AOC that is substantially the same as Attachment A, Sample Contract, included with this Solicitation, and to enter into any subsequent Contract amendments that may be required to address specific work or services.

AOC reserves the right to require that some or all of Bidder’s Response be incorporated into the Contract, and to negotiate the specific wording of the Statement of Work, based on the requirements of this Solicitation and the terms of the Response submitted by the Apparent Successful Bidder. If changes are requested as part of the Bid Response, AOC may consider, but shall be under no obligation to agree to, modifications to the General Terms and Conditions of Attachment A, Sample Contract.

If the Apparent Successful Bidder fails or refuses to sign a Contract within ten (10) business days of delivery by AOC, AOC may elect to designate the next highest-ranked finalist as the Apparent Successful Bidder.

2. Insurance

The Apparent Successful Bidder shall provide evidence of its compliance with the insurance requirements included in Attachment A, Sample Contract.

3. Non-Endorsement

The award of a Contract is not an endorsement by the State or AOC of the Bidder or Bidder’s Services and shall not be represented as such by Bidder in any advertising or other publicity materials.

By submitting a Response to this Solicitation, the Bidder agrees to make no reference to AOC in any literature, promotional materials, brochures, sales presentations or the like without the prior written consent of AOC.

4. Background Checks

Individuals who will be performing the Contract on behalf of the Apparent Successful Bidder may be required to undergo background checks. Individuals who have disqualifying results (showing crimes and/or negative actions) may not be permitted to provide Services under the Contract.

5. Electronic Payment

The State prefers to utilize electronic payment in its transactions. The successful Bidder will be required to register in the Statewide Vendor Payment system, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services, prior to submitting a request for payment under their Contract. No payment shall be made until the registration is completed.

SECTION 7

CONTRACTING PROCEDURES

https://ofm.wa.gov/it-systems/statewide-vendorpayee-services