WRRC Solicitation #K5897 Exec Director.docx

Washington Red Raspberries

WASHINGTON RED RASPBERRY COMMISSION

COMPETITIVE SOLICITATION – NO. K5897

PROFESSIONAL SERVICES

EXECUTIVE DIRECTOR

INTRODUCTION

The Washington Red Raspberry Commission is an organization of approximately 75 commercial red raspberry growers in Washington State. The state’s red raspberry industry is located in western Washington with the largest production area situated in Whatcom County. Washington growers produce over 80% of the nation’s processed red raspberries. The Washington Red Raspberry Commission is one of 21 agricultural commodity commissions organized or established under state law

The Washington Red Raspberry Commission, hereafter called “WRRC,” is issuing this Competitive Solicitation pursuant to chapter 39.26 RCW. Pursuant to this Competitive Solicitation, WRRC is conducting a competitive procurement to solicit proposals from firms interested in fulfilling the role of Executive Director for the Washington Red Raspberry Commission and to award a contract to purchase those services.

The Executive Director of the Washington Red Raspberry Commission, under the guidance of the elected board members, administers all aspects of commission business. The Executive Director must have an intimate knowledge of red raspberry production in Washington State, have the ability to effectively manage all aspects of the commission’s business, including assessment collection, maintenance of financial and operational records, preparing for and conducting commission meetings, monitoring the performance of contractors and vendors, proper dispersal of WRRC funds, and effectively facilitating the work of any established committees (e.g., Research, Communications and Crop Protection). In addition, the Executive Director should have a working knowledge of the laws and rules governing WRRC operations and the ability to work cooperatively with the Office of the Attorney General in resolving legal issues. The Executive Director shall have the ability to evaluate the performance and effectiveness of all WRRC funded programs, projects and affiliations and produce reports on these when requested to do so.

OBJECTIVES AND SCOPE OF WORK

A. FINANCIAL & OPERATIONAL MANAGEMENT

1) Effectively manage all aspects of the Commission’s business, including marketing, assessment collection, and maintenance of financial and operational records, preparing for and conducting WRRC meetings, monitoring the performance of contractors and vendors, proper dispersal of WRRC funds and effectively facilitating the work of any established committees such as those formed to evaluate research proposals and marketing work. Provide input and support in industry and grower events as directed by the Board.

a. Conduct Board meetings (typically four per year) of the WRRC ensuring that all announcements and accompanying documents are distributed in accordance with the Open Public Meetings Act (chapter 42.30 RCW). These include the agenda, minutes from the previous meeting, the financial report and all accompanying documentation and any other materials necessary to conduct the meeting.

b. Establish and maintain necessary committees as instructed by the Board. Ensure that relevant issues are brought to committees in a timely fashion and that Board members are periodically updated on the progress of committees.

c. Maintain a current list of Washington State red raspberry growers and all handlers inside and outside of Washington that are required to pay annual assessments. Collect assessments and accompanying reports from growers and handlers. Aggressively pursue delinquent assessments up to and including legal action.

d. Be the primary spokesperson for the commission and maintain up-to-date information about the industry, market trends, and growing conditions.

e. Represent the WRRC on national and regional red raspberry-related associations as approved by the board and report activities to the board when applicable.

f. Monitor the performance of all contractors and vendors under all contracts entered into on behalf of the WRRC.

g. Provide input and support in industry and grower events (e.g., Washington Small Fruit Conference) as directed by the board.

h. Oversee the proper dispersal of WRRC funds pursuant to its legal obligations.

i. Provide management and oversight for WRRC website.

j. Establish and maintain Commission headquarters.

k. Work with Board to establish operating policies and procedures.

l. Maintain all WRRC records.

1)

2) Ensure compliance with applicable state and federal policies.

a. Stay current on all state and federal regulations that affect the funding, and/or operations of the WRRC and its programs, to include applicable codes, laws, rules, Governor Executive Orders, and requirements of the Department of Enterprise Services. Apprise Board of relevant requirements or issues that arise.

b. With regard to federal grants, comply with all federal laws and regulations (including the Code of Federal Regulations (CFR)) regarding applications for, accounting of, recordkeeping of, and required reporting related to the use of federal grants.

c. Collaborate with relevant state agencies in providing Commission oversight, including but not limited to the Washington State Department of Agriculture, Department of Enterprise Services, and the Office of the Attorney General.

d. Serve as the Commission’s Public Records Officer (RCW 42.56.580) and Records Officer (RCW 40.14.040).

3) Provide financial management/oversight, budgeting, and information/records management, using tight fiscal controls. Provide regular financial updates to the Board.

a. Maintain tight fiscal control of the operating budget and all collected assessments. Fully cooperate with the Washington State auditors during periodically required audits. Designate accounting firm to conduct periodic third-party financial reviews.

b. Provide management and oversight of WRRC promotional contracts and grants including monitoring contracts and proper reporting.

c. Work with the Board to establish, provide oversight for and management of an annual budget and accurate financial records.

4) Stay current on business trends. Provide support for and participate in human resources and interpersonal development training with Contractor’s staff.

B. RESEARCH

1) Manage and oversee WRRC-funded research projects, including monitoring contracts and reporting to relevant committees and the Board.

C. PROMOTION AND MARKETING

1) Manage and oversee WRRC-funded promotion and marketing projects, including monitoring contracts and reporting to relevant committees and the Board.

2) Provide collective training, outreach and assistance to Washington red raspberry growers to help them successfully grow and increase production.

3) Assist as appropriate the contractors for the Promotion Program to include advancing programs that benefit the local raspberry industry. Update the board on progress and status. Update the state marketing order (Chapter 16-561 WAC) as appropriate.

a. Advise the commission and carry out programs designed to enhance the reputation and image of Washington State’s red raspberries.

b. Increase the sale and use of Washington State’s red raspberries in local, domestic, and foreign markets.

c. Increase consumer knowledge regarding the health-giving qualities and dietetic value of Washington State’s red raspberries and products based upon research findings.

D. PROCURE AND MANAGE GRANTS

1) Seek out grants and opportunities relevant to the WRRC and the red raspberry industry, especially relating to promotional opportunities, agronomic issues and food safety.

2) Oversee contracts and vendors, monitor grant progress including vendor reports. Provide required reports to grantors and Board in a timely manner.

This Competitive Solicitation is divided into six (6) sections:

· Section 1 provides a summary table of relevant deadlines for responding to the Competitive Solicitation and identifies contact information for WRRC’s Procurement Coordinator.

· Section 2 provides important information about the procurement that is designed to help interested bidders evaluate the potential opportunity, including the purpose of the procurement, the form of the resulting contract, and potential contract sales.

· Section 3 identifies how WRRC will evaluate the bids.

· Section 4 identifies how to prepare and submit a bid for this Competitive Solicitation, including detailed instructions regarding what to submit and how to submit your bid.

· Section 5 details the applicable requirements to file a complaint, request a debrief conference, or file a protest regarding this Competitive Solicitation.

· Section 6 provides information pertaining to doing business with the state of Washington, including WRRC’s efforts to enable Washington’s small and diverse businesses to compete for and participate in state procurements for services.

In addition, this Competitive Solicitation includes the following Exhibits:

· Exhibit A – Required Bidder Information: These exhibits identify information that bidders must provide to WRRC to constitute a responsive bid. See Section 4, below.

· Exhibit A-1 – Bidder’s Certification

· Exhibit A-2 – Bidder’s Profile

· Exhibit B – Performance Requirements: This exhibit outlines the required qualifications for the services that are the subject of this Competitive Solicitation. Bidders will complete this exhibit as part of their bid packet for the WRRC to use to evaluate and compare bids.

· Exhibit C – Cost Proposal Bid Price: This exhibit provides the pricing information that bidders will complete as part of their bid and the price evaluation tool that WRRC will use to evaluate and compare bids.

· Exhibit D – Sample Contract: This exhibit is a draft of the Contract that any successful bidder will execute with WRRC. It contains details on insurance required by the State of Washington.

Section 1 – Deadlines, Questions, Procurement Coordinator, and Modification

This section identifies important deadlines for this Competitive Solicitation, where to direct questions regarding the Competitive Solicitation, and the process for potential amendments or modifications to the Competitive Solicitation.

1.1. COMPETITIVE SOLICITATION DEADLINES. The following table identifies important dates for this Competitive Solicitation:

COMPETITIVE SOLICITATION DEADLINES

1.2. COMPETITIVE SOLICITATION QUESTIONS. Questions or concerns regarding this Competitive Solicitation must be directed to the following Procurement Coordinator:

Procurement Coordinator

Questions raised during the Q&A period will be answered and responses posted to Washington’s Electronic Business Solution (WEBS).

1.3. COMPLAINTS, DEBRIEFS, & PROTESTS. The Competitive Solicitation (and award of any contract) is subject to complaints, debriefs, and protests as explained in Section 5, which may impact the dates set forth above.

1.4. COMPETITIVE SOLICITATION – AMENDMENT & MODIFICATION. WRRC reserves the right to amend and modify this Competitive Solicitation. Only bidders who have properly registered and downloaded the original Competitive Solicitation directly via the Washington Electronic Business Solution WEBS will receive notifications of amendments and other correspondence pertinent to this Competitive Solicitation. Visit WEBS to register.

Section 2 – Information About the Procurement

This section describes the purpose of the Competitive Solicitation and provides information about this procurement, including the potential scope of the opportunity.

2.1. PURPOSE OF THE PROCUREMENT – AWARD A CONTRACT. The purpose of this Competitive Solicitation is to receive competitive bids for each Category to evaluate and, as appropriate, award a contract for WRRC to procure services for the Executive Director of the WRRC as set forth herein. Pursuant to Washington’s Procurement Code for Goods and Services, chapter 39.26 RCW, state agency purchases of goods and services must be based on a competitive solicitation process in which the Contract is awarded to the lowest responsive, responsible bidder for each Category.

2.2. CONTRACT. The form of the Contract(s) that will be awarded as a result of this Competitive Solicitation is attached as Exhibit D – Contract.

2.3. CONTRACT TERM. As set forth in the attached Contract(s) for this Competitive Solicitation, the contract(s) term is thirty (30) months. Bidders are to specify prices for the contract term. The Contract is subject to earlier termination. WRRC reserves the option at its sole discretion to extend the contract for four (4) additional twelve-month periods. Performance will be evaluated on an annual basis.

2.4. ESTIMATED CONTRACT VALUE. The estimated contract value is $325,000 for the term of July 1, 2025 through December 31, 2028.

2.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES. WRRC will apply the following Washington State procurement priorities and preferences to this Competitive Solicitation which, as set forth in Section 3.5, will impact the evaluation of bids for this Competitive Solicitation:

· Executive Order 18-03 – 25 points

· Washington Small Business – 50 points

· Certified Veteran-Owned Business – 25 points

Section 3 – Bid Evaluation

This section identifies how WRRC will evaluate bids for this Competitive Solicitation.

3.1. OVERVIEW. WRRC will evaluate bids for this Competitive Solicitation as described below.

· Bidder responsiveness, performance requirements, price factors, and responsibility, will be evaluated based on the process described herein.

· Any bidder whose bid is determined to be non-responsive will be rejected and will be notified of the reasons for this rejection.

· The Procurement Coordinator reserves the right to: (1) Request clarification regarding any bid; (2) Waive any informality; (3) Reject any or all bids, or portions thereof; (4) Accept any portion of the bid unless the bidder stipulates all or nothing in their bid; (5) Cancel the Competitive Solicitation and, if desired, re-solicit bids; and/or (6) Negotiate with the lowest responsive and responsible bidder(s) to determine if such bid can be improved.

· The following summary chart provides an overview of the process and evaluation criteria (which are further described below) to determine eligibility for a Contract award:

Bid Evaluation

Exhibit B – Performance Requirements

Exhibit C – Bid Price

State Procurement Priorities

3.2. BID RESPONSIVENESS (STEP 1). WRRC will review bids – on a pass/fail basis – to determine whether the bid is responsive to this Competitive Solicitation. This means that WRRC will review each bid to determine whether the bid is complete – i.e., does the bid include each of the required bid submittals, are the submittals complete, signed, legible. WRRC reserves the right – in its sole discretion – to determine whether a bid is responsive – i.e., to determine a bidder’s compliance with the requirements specified in this Competitive Solicitation and to waive informalities in a bid. An informality is an immaterial variation from the exact requirements of the Competitive Solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or delivery of the goods or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial, to bidders. For responsive bids, WRRC will make reasonable inquiry to determine the responsibility of any bidder. WRRC will determine responsibility on a pass/fail basis. In determining responsibility, WRRC will review Exhibit B – Performance Requirements on bidder’s ability to meet the minimum pass/fail requirements.

3.3. PERFORMANCE REQUIREMENTS EVALUATION (STEP 2). WRRC will evaluate each bid to ensure that each bidder’s or services meet the specifications and/or performance requirements set forth in Exhibit B – Performance Requirements. WRRC reserves the right to request additional information or perform tests and measurements before selecting the Apparent Successful Bidder. A bidder’s failure to provide requested information to WRRC within ten (10) business days may result in disqualification.

3.4. BID PRICING EVALUATION (STEP 3). WRRC will evaluate bids – to identify the lowest evaluation total – by reviewing and comparing the submitted bid prices provided in Exhibit C.

3.5. WASHINGTON STATE PROCUREMENT PRIORITIES & PREFERENCES (STEP 4). WRRC will apply the following Washington State procurement priorities and preferences, as set forth below, to this Competitive Solicitation

· Executive Order 18-03 (25 points)

· Washington Small Business (50 points)

· Certified Veteran-Owned Business (25 points)

3.6. BIDDER RESPONSIBILITY ANALYSIS (STEP 5). For responsive bids, WRRC must determine whether the bidder is a “responsible bidder.” Accordingly, WRRC will make reasonable inquiry to determine bidder responsibility on a pass/fail basis. In determining bidder responsibility, WRRC will consider the following statutory elements:

· The bidder’s ability, capacity, and skill to perform the contract or provide the service required;

· The bidder’s character, integrity, reputation, judgment, experience, and efficiency;

· Whether the bidder can perform the contract within the time specified;

· The bidder’s performance quality pertaining to previous contracts or services;

· The bidder’s compliance with laws relating to the contract or services;

· Whether, within the three-year period immediately preceding the date of the Competitive Solicitation, the bidder has been determined by a final and binding citation and notice of assessment issued by the Washington State Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of chapters 49.46, 49.48, or 49.52 RCW; and

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

See RCW 39.26.160(2)(a)-(g). In addition, WRRC may consider the following:

· Financial Information: WRRC may request financial statements, credit ratings, references, record of past performance, clarification of bidder’s offer, on-site inspection of bidder's facilities, or other information as necessary to determine bidder’s capacity to perform and the enforceability of bidder’s contractual commitments. Failure to respond to these requests may result in a bid being rejected as non-responsive.

· References: WRRC reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service, knowledge of products/service/industry and timeliness. Any negative or unsatisfactory reference can be reason for rejecting a bidder as non-responsible.

3.7. CONTRACT NEGOTIATIONS (STEP 6). WRRC may negotiate with the highest scored responsive, responsible bidder to finalize the Contract and to determine if the bid may be improved. If, after a reasonable period of time, WRRC, in its sole judgement, cannot reach agreement on acceptable Contract terms with such bidder, WRRC may suspend negotiations and undertake negotiations with the next highest scored responsive, responsible bidder as determined by the evaluations.

3.8. ANNOUNCEMENT OF APPARENT SUCCESSFUL BIDDER (STEP 7). WRRC will determine the Apparent Successful Bidder (ASB). The ASB will be the responsive and responsible bidder that best meets the Competitive Solicitation requirements and presents the best total value, including price, as calculated consistent with the instructions set forth in Exhibit C – Bid Price, and other factors as set forth in this Competitive Solicitation including any applicable state procurement priority or preference.

· ASB designation does not imply that the ASB will be issued a Contract award. Rather, this designation allows the awarding agency to perform further analysis and ask for additional documentation. The bidder must not construe ASB designation as an award, impending award, attempt to negotiate, etc. If a bidder acts or fails to act as a result of such notification or designation, it does so at its own risk and expense.

· Upon announcement of the ASB, bidders may request a debrief conference as specified in Section 5.

3.9. AWARD OF CONTRACT. Subject to protests, if any, WRRC and the ASB will enter into a Contract as set forth in Exhibit D – Contract. A contract award is made and a contract formed by signature of WRRC and awarded bidder on the Contract. WRRC reserves the right to award on an all-or-nothing consolidated basis. Following the award of the Contract, all bidders registered in WEBS will receive a Notice of Award delivered to the bidder’s email address provided in the bidder’s profile in WEBS.

3.10. BID INFORMATION AVAILABILITY. Upon WRRC’s announcement of ASB, all bid submissions and all bid evaluations are subject to public disclosure pursuant to Washington’s Public Records Act. See RCW 39.26.030(2).

Section 4 – How to Prepare and Submit a Bid for this Competitive Solicitation

This section identifies how to prepare and submit your bid to WRRC for this Competitive Solicitation. In addition, bidders will need to review and follow the Competitive Solicitation requirements including those set forth in the exhibits, which identifies the information that bidders must provide to WRRC to constitute a responsive bid. By responding to this Competitive Solicitation and submitting a bid, bidders acknowledge having read and understood the entire Competitive Solicitation and accept all information contained within this Competitive Solicitation.

4.1. BIDDER COMMUNICATIONS REGARDING THIS COMPETITIVE SOLICITATION. During the Competitive Solicitation process, all bidder communications regarding this Competitive Solicitation must be directed to the Procurement Coordinator for this Competitive Solicitation. See Section 1.2 of this Competitive Solicitation. Bidders should rely only on this Competitive Solicitation and written amendments to the Competitive Solicitation issued by the Procurement Coordinator. In no event will oral communications regarding the Competitive Solicitation be binding.

· Bidders are encouraged to make any inquiry regarding the Competitive Solicitation as early in the process as possible to allow WRRC to consider and, if warranted, respond to the inquiry. If a bidder does not notify WRRC of an issue, exception, addition, or omission, WRRC may consider the matter waived by the bidder for protest purposes.

· If bidder inquiries result in changes to the Competitive Solicitation, written amendments will be issued and posted on WEBS.

· Unauthorized bidder contact regarding this Competitive Solicitation with other state employees involved with the Competitive Solicitation may result in bidder disqualification.

4.2. PRICING. Bid prices must include all cost components needed for the services as described in this Competitive Solicitation. See Exhibit C – Cost Proposal Bid Price. A bidder’s failure to identify all costs in a manner consistent with the instructions in this Competitive Solicitation is sufficient grounds for disqualification.

· Inclusive Pricing: Bidders must identify and include all cost elements in their pricing. In the event that bidder is awarded a Contract, the total price for the services shall be bidder’s price as submitted. Except as provided in the Contract, there shall be no additional costs of any kind.

4.3. BID SUBMITTAL CHECKLIST – REQUIRED BID SUBMITTALS. This section identifies the bid submittals that must be provided to WRRC to constitute a responsive bid. The submittals must be delivered as set forth below. Bids that do not include the submittals identified below may be rejected as nonresponsive. In addition, a bidder’s failure to complete any submittal as instructed may result in the bid being rejected. Bidders may not provide unsolicited materials. Bidder response must include all exhibits as instructed below to be considered responsive. Other materials or documents (such as resumes, cover letters or supplemental proposals) will not be accepted and may be deemed non-responsive.

· EXHIBIT A-1 – BIDDER’S CERTIFICATION

This document is the Bidder’s Certification.

Complete the certification, attach it to the bid along with any exceptions or required explanations, and submit it to WRRC.

Note: the Certification must be complete. Where there are choices, bidder must check a box. The certification must be signed and submitted by a duly authorized representative for the bidder.

· EXHIBIT A-2 – BIDDER’S PROFILE

This document is required bidder information for WRRC’s contract administration purposes. Complete as instructed and submit with the bid to WRRC.

· EXHIBIT B – PERFORMANCE REQUIREMENTS

Bidder will need to confirm that the services and/or bidder’s performance meets or exceeds the detailed specifications/qualifications set forth in Exhibit B – Performance Requirements.

· EXHIBIT C – COST PROPOSAL BID PRICE

Bidder will need to complete the price worksheet templates as instructed in Exhibit C – Cost Proposal Bid Price.

4.4. BID FORMAT. Bids must be complete, legible, signed, and follow all instructions stated in the Competitive Solicitation (including the exhibits). Unless otherwise specified in writing by WRRC, documents included with an electronic bid must be prepared in MS Word, MS Excel, or Adobe PDF. Where required to do so, bidders may sign using either a physical or an electronic signature. The bid must be a single file.

4.5. SUBMITTING BIDS. Your electronic bid must be emailed to Kristofor.gray@agr.wa.gov. Bidders are cautioned to keep email sizes to less than 25MB to ease delivery. Zipped files cannot be accepted.

Section 5 – Complaint, Debrief, & Protest Requirements

This section details the applicable requirements for complaints, debriefs, and protests.

5.1. COMPLAINTS. This Competitive Solicitation offers a complaint period for bidders wishing to voice objections to this solicitation. The complaint period ends five (5) business days before the bid due date. The complaint period is an opportunity to voice objections, raise concerns, or suggest changes that were not addressed during the Question & Answer Period. Failure by the bidder to raise a complaint at this stage may waive its right for later consideration. WRRC will consider all complaints but is not required to modify or cancel the Competitive Solicitation. If bidder complaints result in changes to the Competitive Solicitation, written amendments to the Competitive Solicitation will be issued and posted on WEBS.

a. CRITERIA FOR COMPLAINT. A formal complaint may be based only on one or more of the following grounds: (a) The solicitation unnecessarily restricts competition; (b) The solicitation evaluation or scoring process is unfair or flawed; or (c) The solicitation requirements are inadequate or insufficient to prepare a response.

b. INITIATING A COMPLAINT. A complaint must: (a) Be submitted to and received by the Procurement Coordinator no less than five (5) business days prior to the deadline for bid submittal; and (b) Be in writing (see Form and Substance, and Other below). A complaint should clearly articulate the basis of the complaint and include a proposed remedy.

c. RESPONSE. When a complaint is received, the Procurement Coordinator (or designee) will consider all the facts available and respond in writing prior to the deadline for bid submittals, unless more time is needed. WRRC is required to promptly post the response to a complaint on WEBS.

d. RESPONSE IS FINAL. The Procurement Coordinator’s response to the complaint is final and not subject to administrative appeal. Issues raised in a complaint may not be raised again during the protest period. Furthermore, any issue, exception, addition, or omission not brought to the attention of the Procurement Coordinator prior to bid submittal may be deemed waived for protest purposes.

5.2. DEBRIEF CONFERENCES. A Debrief Conference is an opportunity for a bidder and WRRC, through its Procurement Coordinator, to meet and discuss the bidder’s bid (and, as further explained below, is a necessary prerequisite to filing a protest). Following the evaluation of the bids, WRRC will issue an announcement of the ASB. That announcement may be made by any means, but WRRC likely will use email to the bidder’s email address provided in the Bidder’s Profile. Bidders will have three (3) business days to request a Debrief Conference. Once a Debrief Conference is requested, WRRC will offer the requesting bidder one meeting opportunity and notify the bidder of the Debrief Conference place, date, and time. Please note, because the debrief process must occur before making an award, WRRC likely will schedule the Debrief Conference shortly after the announcement of the ASB and the bidder’s request for a Debrief Conference. WRRC will not allow the debrief process to delay the award. Therefore, bidders should plan for contingencies and alternate representatives. Bidders who wish to protest must first participate in a debrief conference. Bidders who are unwilling or unable to attend the Debrief Conference will lose the opportunity to protest. A debrief is a required prerequisite for a bidder wishing to file a protest.

a. TIMING. A Debrief Conference may be requested by a bidder following announcement of the Apparent Successful Bidder (ASB).

b. PURPOSE OF DEBRIEF CONFERENCE. Any bidder who has submitted a timely bid response may request a Debrief Conference (see Form and Substance, and Other below). A Debrief Conference provides an opportunity for the bidder to meet with WRRC to discuss bidder’s bid and evaluation. It does not provide an opportunity to discuss other bids and evaluations.

c. REQUESTING A DEBRIEF CONFERENCE. The request for a Debrief Conference must be made in writing via email to the Procurement Coordinator and received within three (3) business days after the announcement of the Apparent Successful Bidder. Debrief conferences will be conducted virtually by a web-based virtual meeting such as MS Teams, as determined by WRRC, and may be limited by WRRC to a specified period of time. The failure of a bidder to request a debrief within the specified time and attend a debrief conference constitutes a waiver of the right to submit a protest. Any issue, exception, addition, or omission not brought to the attention of the procurement coordinator before or during the debrief conference may be deemed waived for protest purposes.

5.3. PROTESTS. Following a Debrief Conference, a bidder may protest the award of a Contract.

a. CRITERIA FOR A PROTEST. A protest may be based only on one or more of the following: (a) Bias, discrimination, or conflict of interest on the part of an evaluator; (b) Error in computing evaluation scores; or (c) Non-compliance with any procedures described in the Competitive Solicitation.

b. INITIATING A PROTEST. Any bidder may protest an award to the ASB. A protest must: (a) Be submitted to and received by the Protest Officer specified below, within five (5) business days after the protesting bidder’s Debriefing Conference (see Form and Substance, and Other below); (b) Be in writing; (c) Include a specific and complete statement of facts forming the basis of the protest; and (d) Include a description of the relief or corrective action requested.

c. PROTEST RESPONSE. After reviewing the protest and available facts, WRRC’s Protest Officer will issue a written response within ten (10) business days from receipt of the protest, unless additional time is needed.

d. DECISION IS FINAL. The protest decision is final and not subject to administrative appeal. If the protesting bidder does not accept WRRC’s protest response, the bidder may seek relief in Thurston County Superior Court.

5.4. COMMUNICATION DURING COMPLAINTS, DEBRIEFS, AND PROTESTS. With the exception of protests, all communications about this Competitive Solicitation, including complaints and debriefs, must be addressed to the Procurement Coordinator unless otherwise directed. Protests must be addressed to the Protest Officer.

a. FORM, SUBSTANCE, & OTHER. All complaints, requests for debrief, and protests must:

i. Be in writing;

ii. Be signed by the complaining or protesting bidder or an authorized agent;

iii. Be delivered within the time frame(s) outlined herein;

iv. Identify the Competitive Solicitation number;

v. Conspicuously state “Complaint,” “Debrief,” or “Protest” in any subject line of email correspondence; and

vi. Be sent to the address identified below.

b. COMPLAINTS & PROTESTS. All complaints and protests must (a) State all facts and arguments on which the complaining or protesting bidder is relying as the basis for its action; and (b) Include any relevant documentation or other supporting evidence.

5.5. HOW TO CONTACT WRRC.

a. TO SUBMIT A COMPLAINT. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation. The email message must include “Complaint” in the subject line of the email message. Alternatively, mail the complaint to the Procurement Coordinator listed in this Competitive Solicitation at the following address:

Attn: Kristofor Gray / Procurement Coordinator – Complaint PO Box 42560 Olympia, WA 98504-2560

b. TO REQUEST A DEBRIEF CONFERENCE. Send an email message to the Procurement Coordinator listed in this Competitive Solicitation. The email message must include “Debrief” in the subject line of the email message.

c. TO SUBMIT A PROTEST. Send an email message to the Protest Officer at the following email address: mfinkenbinder@agr.wa.gov. The email message must include “Protest” in the subject line of the email message.

Section 6 – Doing Business with the State of Washington

This section provides additional information regarding Washington’s Public Records Act and doing business with the State of Washington, including WRRC’s efforts to enable Washington’s small, diverse, and veteran-owned businesses to compete for and participate in state procurements for goods/services.

6.1. WASHINGTON’S PUBLIC RECORDS ACT – PUBLIC RECORDS DISCLOSURE REQUESTS.

· All documents (written and electronic) submitted to WRRC as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See Chapter 42.56 RCW, Public Records Act. WRRC strongly discourages bidders from unnecessarily submitting sensitive information (e.g., information that bidder might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

· If, in bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

· In addition, if, in bidder’s judgment, certain portions of bidder’s bid are not statutorily exempt from disclosure but are sensitive because these particular portions of bidder’s bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that bidder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of bidder’s bid that include such sensitive information.

· In the event that WRRC receives a public records disclosure request pertaining to information that bidder has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, WRRC, prior to disclosure, will do the following:

· WRRC’s Public Records Officer will review any records marked by bidder as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, WRRC will redact or withhold the document(s) as appropriate.

· For documents marked ‘sensitive’ or for documents where WRRC either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, WRRC will notify bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that WRRC intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining WRRC from such disclosure. In the event bidder fails to timely file a motion for a court order enjoining such disclosure, WRRC will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information and timely respond after notice of request for public disclosure has been given shall be deemed a waiver by bidder of any claim that such materials are exempt or protected from disclosure.

6.2. SMALL & DIVERSE BUSINESSES. WRRC, in accordance with Washington law, encourages small and diverse businesses to compete for and participate in state procurements as contractors and as subcontractors to awarded bidders. See, e.g., Chapter 39.19 RCW (OMWBE certified businesses); RCW 43.60A.200 (WDVA certified veteran-owned businesses); and RCW 39.26.005 (Washington small businesses). In support of the state’s economic goals and to support a diverse supplier pool, WAC has established the following voluntary numerical goals for WAC’s Competitive Solicitations:

· OMWBE CERTIFICATION. Bidders may contact the Washington State Office of Minority and Women’s Business Enterprises (OMWBE) regarding information on Minority-Owned and Women-Owned certified firms, state and federal certification programs, or to become certified. OMWBE can be reached by telephone, 866-208-1064, or through their website at OMWBE. OMWBE-Certified firms may provide their certification information on Exhibit A-2 – Bidder’s Profile.

· WDVA CERTIFICATION. Bidders may contact the Washington State Department of Veterans’ Affairs (WDVA) for information regarding Certified Veteran-Owned businesses or to become a Certified Veteran-Owned Business. The WDVA can be reached by telephone, (360) 725-2169, or through their website at WDVA. The qualification requirements to be a Certified Veteran-Owned Business are set forth in Exhibit A-1 – Bidder’s Certification.

· WASHINGTON SMALL BUSINESSES. Bidders may contact Department of Enterprise Services about small and diverse business inclusion and qualification as a Washington Small Business. If you qualify as a Washington Small Business, identify yourself as such in WEBS. Call WEBS Customer Service at 360-902-7400. The qualification requirements to self-certify as a Washington Small Business are set forth in Exhibit A-1 – Bidder’s Certification.

6.3. ACCESS EQUITY CONTRACT REPORTING. Bidders who are awarded a Contract (i.e., Contractor) pursuant to this Competitive Solicitation and who utilize subcontractors to perform such Contract must, as a condition of Contract award, register and report, as Contractor, through Access Equity, Washington’s secure online business diversity vendor management system (B2GNow), which is managed by Washington’s Office of Minority and Women’s Business Enterprises (OMWBE). Accordingly, please note:

· Regardless of whether Contractor previously has registered with B2GNow for any public entity, Contractor must verify that Access Equity has current information.

· During the Contract term, Contractor shall report monthly through Access Equity any payments to subcontractors pertaining to the Contract. Such reporting shall include total payment in dollars made to subcontractors, payment dates, and any additional information required to verify payment to subcontractors.

· Subcontractors must utilize Access Equity to verify such payment information as reported by Contractor.

· Information regarding Access Equity is available at OMWBE’s website: https://omwbe.wa.gov/. Online training for Access Equity is available through OMWBE.

6.4. WEBS REGISTRATION. Individuals and firms interested in state contracting opportunities with the awarding agency or any state agency should register for competitive solicitation notices at the Washington Electronic Business Solution (WEBS) WEBS Registration. Note: There is no cost to register on WEBS.

EXHIBIT LISTING

EXHIBIT A-1 – BIDDER’S CERTIFICATION

See attached Exhibit A-1 – Bidder’s Certification.

Note: As set forth above, Bidder must complete, sign, and return the Exhibit A-1 – Bidder’s Certification with bid packet.

EXHIBIT A-2 – BIDDER’S PROFILE

See attached Exhibit A-2 – Bidder’s Profile.

Note: As set forth above, Bidder must complete and return the Exhibit A-2 – Bidder’s Profile with bid packet.

EXHIBIT B – FUNCTIONAL PERFORMANCE REQUIREMENTS

See attached Exhibit B – Functional Performance Requirements for Washington Red Raspberry Commission – Executive Director

Note: As set forth above, Bidder must complete and return Exhibit B Functional Performance Requirements with bid packet.

EXHIBIT C – BID PRICE WAC

See attached Exhibit C – Bid Price WRRC Admin.

Note: As set forth above, Bidder must complete and return Exhibit C – Bid Price with bid packet.

EXHIBIT D – CONTRACT

See attached Exhibit D – Contract for Competitive Solicitation NO. – WASHINGTON RED RASPBERRY COMMISSION PROFESSIONAL SERVICES

COMPETITIVE SOLICITATION NO. K5897 – WRRC – PROFESSIONAL SERVICES PAGE 16

image1.jpeg image2.jpeg