STATE OF WASHINGTON

DEPARTMENT OF COMMERCE

REQUEST FOR PROPOSALS WSBO

RFP NO. WSBO 26-001

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

PROJECT TITLE: BEAD NEPA and Historic Preservation services

PROPOSAL DUE: February 2, 2026 at 2:00 p.m., Pacific Time

ESTIMATED TIME PERIOD FOR CONTRACT: February 20, 2026 – November 30, 2030

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 federal 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 ........................................................................... Error! Bookmark not defined.

STATEMENT OF INTENT REQUIRED .................................................................. Error! Bookmark not defined.

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

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 the Broadband Equity Access Deployment (BEAD), National Environmental Protection Act (NEPA) and professional archeologist monitoring plans for each BEAD project area.

Funded by the Bipartisan Infrastructure Law, the Broadband Equity Access and Deployment (BEAD) is a federal grant program that aims online access for all Americans by funding partnerships between states or territories, communities, and stakeholders to build infrastructure where it is needed and increase adoption of high-speed internet. Modified by the BEAD prioritizes unserved locations that have no internet access or that only have access under 25/3 Mbps and underserved locations only have access under 100/20 Mbps. Modified by the BEAD Restructuring Policy Notice.

The Washington State Broadband Office (WSBO) is soliciting proposals for environmental support services with funding from the National Telecommunications Information Association’s (NTIA) BEAD program. To assist this program, the WSBO is seeking a third-party environmental contractor firm or company (herein after, third-party contractor) to provide Environmental Support Services (ESS) for NTIA's BEAD projects and grant recipients. The third-party contractor will be responsible for providing technical support and analysis of the environmental aspects of WSBO projects by providing high-quality environmental and cultural resources support services. The third-party contractor will work closely with the WSBO team to review documentation, surveys, studies, and other analyses that may be required for compliance with environmental laws and regulations.

The WSBO has 236 BEAD project areas (currently there are 170 BEAD project areas will require NEPA) and about 26% of the Broadband Service Locations have been preliminary awarded to a Low Earth Orbit (LEO) provider at this time. BEAD Guidance on NEPA and NHPA for LEO Satellite Service October 2025.

In addition, the Washington State Historic Preservation Office (SHPO) requires a professional archaeological monitoring plan and unanticipated find plan for each BEAD project area (with the exception of LEO funded projects).

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

OBJECTIVES AND SCOPE OF WORK

The selected third-party Contractor will be responsible for assisting the WSBO staff in reviewing environmental documentation prepared by grant recipients and completing related work within the agreed-upon schedule and approved budget. It will be the contractor's responsibility to notify the WSBO if the work effort ultimately required exceeds the work effort on which the bid was based or the approved budget.

The contractor will be expected to complete the tasks outlined below to support the implementation and administration of the BEAD Grant Program from submission of the final BEAD proposal to close out of the BEAD Program.

Assist WSBO; as requested to carry out WSBO’s duties as a “joint lead agency” as describe in 42 U.S.C. 4336a(a)(2).

The third-party contractor will be required to manage multiple projects simultaneously and work closely with federal, state, and local agencies, as well as other stakeholders, to ensure timely completion of environmental reviews and permitting approvals. The third-party contractor will also be responsible for developing and implementing environmental management plans for broadband projects and monitoring compliance with environmental laws and regulations throughout the project lifecycle.

The third-party contractor will be responsible for satisfactory completion of the following tasks:

https://www.ntia.gov/other-publication/2025/bead-restructuring-policy-notice https://broadbandusa.ntia.gov/sites/default/files/2025-10/NTIA_BEAD_LEO_Guidance_Oct_2025.pdf https://broadbandusa.ntia.gov/sites/default/files/2025-10/NTIA_BEAD_LEO_Guidance_Oct_2025.pdf https://www.govinfo.gov/content/pkg/USCODE-2023-title42/pdf/USCODE-2023-title42-chap55-subchapI-sec4336a.pdf https://www.govinfo.gov/content/pkg/USCODE-2023-title42/pdf/USCODE-2023-title42-chap55-subchapI-sec4336a.pdf

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As the Eligible Entity in serving as joint lead agency for NEPA, WSBO is required to complete Environmental Screening & Permitting Tracking Tool (ESAPTT) for BEAD subgrant projects and may navigate optional ESAPTT Permitting Tracking functionality. Other NEPA Resources for BEAD.

· Conducting reviews of draft Environmental Assessment (EA), Environmental Impact Statement (EIS), and Categorical Exclusion (CatEx) documentation for NTIA BEAD funded projects for technical and legal sufficiency and to identify potential environmental impacts in compliance with the National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA) and other relevant federal, state, and local regulations.

· Reviewing BEAD grant recipients’ project plans and designs to identify potential sources of concern and environmental and cultural resources impacts and ultimately provide recommendations for minimizing or mitigating those impacts.

· Developing and implementing policies including best management practices related to environmental compliance as it applies to federal financial assistance programs to expand broadband access and adoption.

· Coordinating with broadband stakeholders, including grant recipients, federal, state, and local government officials and industry representatives to provide guidance and technical assistance on environmental and cultural resource issues related to broadband infrastructure deployment and adoption and ensure timely completion of environmental reviews and approvals.

· Providing guidance and technical assistance to grant recipients regarding federal, state or local consultation and coordination requirements or permitting approval processes.

· Providing subject matter expertise and technical assistance on environmental and cultural resources issues related to broadband infrastructure deployment and adoption to the SBO team and BEAD grant recipients.

· Synchronizing with State and local environmental review and permitting processes, to an extent practicable.

· Developing and implementing environmental and cultural resources management plans for broadband projects and monitoring compliance with EHP laws and regulations throughout the project lifecycle.

· Providing support to the SBO’s environmental and cultural resources policy and operations team by participating in project meetings and providing regular updates on environmental reviews and approvals, including maintaining accurate records of all environmental assessments, reviews, and approvals.

· Participate in necessary escalation procedures to resolve environmental review and/or permitting disputes and delays.

BEAD Restructuring Policy Notice-Permitting. within two weeks for an estimated 90 percent of BEAD projects and eliminate approximately 3-6 months of environmental processing per project, all Eligible Entities (WSBO) are hereby required to use the Environmental Screening and Permitting Tracking Tool (ESAPTT) within the NTIA Grants Portal. ESAPTT will help Eligible Entities (WSBO) serve as joint lead agencies for NEPA reviews by identifying applicable categorical exclusions and enabling paperless transmission of environmental documents and generation of draft and final NEPA documents. NTIA will generate ESAPTT project records from BEAD subgrant award data, which must identify any awards containing multiple NEPA project areas. Eligible Entities are encouraged to use ESAPTT’s permitting tracking capacity to evaluate and track subrecipient NEPA milestone schedules and escalate Federal right-of-way permitting issues to NTIA for interagency resolution.

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.

https://broadbandusa.ntia.gov/sites/default/files/2025-09/NTIA_ESAPTT_User_Guide_090825.pdf https://broadbandusa.ntia.gov/funding-programs/broadband-equity-access-and-deployment-bead-program#beadnepa https://www.ntia.gov/other-publication/2025/bead-restructuring-policy-notice

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Five years of experience in/with NEPA/NHPA and other relevant federal, state and local regulations.

Five years of experience with Washington State permitting requirements.

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

Successful contractor must possess a federal Unique Entity Identifier from SAM.Gov before executing a contract with COMMERCE.

DESIRED QUALIFICATIONS

Desired qualifications for the Contractor include, but are not limited to:

1. Expert knowledge of environmental laws and regulations related to broadband infrastructure deployment and adoption, including direct experience with the National Environmental Policy Act (“NEPA”) and other relevant federal, state, and local regulations.

2. Extensive experience throughout the NEPA lifecycle for Environmental Assessments (“EAs”) and Environmental Impact Statements (“EISs”), including development of Findings of No Significant Impact or Records of Decision, and implementation and monitoring of mitigation actions.

3. Ability to work effectively in a team environment and manage multiple projects simultaneously.

4. Strong analytical and problem-solving skills.

5. Excellent written and verbal communication skills, including the ability to prepare clear and concise environmental documents and reports. Substantial knowledge of the consultation approach with associated state and federal agencies, categorical exclusion determinations/reporting, and compliance and as it relates to capital construction of broadband networks, including last mile, middle mile, and long-haul networks; wireline, wireless, and satellite technologies; telecommunications network design, and construction, inspection, associated deployment costs, and best practices.

6. Substantial knowledge of federal funding streams for broadband in the American Rescue Plan Act (“ARPA”), the Infrastructure Investment and Jobs Act, and other ongoing sources of federal funding administered by the Federal Communications Commission (“FCC”), United States Department of Agriculture, and others, and associated rules and regulations.

7. Substantial prior experience coordinating with federal agencies to permit infrastructure improvements in compliance with state and federal funding requirements.

8. Substantial experience with program development, technical assistance to sub-grantees/sub-recipients, environmental and historic preservation report review and evaluation, contract administration, post-award program compliance, reporting, and audit.

9. Substantial prior experience working with state and local governments and telecommunications service providers.

FUNDING

COMMERCE has budgeted an amount not to exceed approximately $6,000,000 for this project.

Proposals in excess of this amount will be considered non-responsive and will not be evaluated. If a project area requires additional monitoring, we may fund up to additional $1,000,000 for up to two additional one-year periods.

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.

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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 or about February 20, 2026, and to end on November 30, 2030. 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.

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.

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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.

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 Crystal Schoelkopf

E-Mail Address crystal.schoelkopf@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 December 18, 2025

Question & answer period Dec 18, 25 to Jan 6, 26

Answers to Q&A posted no later than January 7, 2026

Proposals due Feb 2, 2026

Evaluate proposals Feb 3 to Feb 10, 2026

Conduct virtual presentations with finalists, if required February 12, 2026

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

Feb 12 to Feb 16, 2026

Hold debriefing conferences (if requested) Feb 19, 2026

Negotiate contract Feb 12 to Feb 19, 2026

Earliest date contract may be signed February 20, 2026

COMMERCE reserves the right to revise the above schedule.

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.

SUBMISSION OF PROPOSALS

ELECTRONIC PROPOSALS:

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The proposal must be received by the RFP Coordinator no later than 2:00, Pacific Time, on February 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 or PDF. 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 identified and the particular exemption from disclosure upon which the Proposer is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right-hand corner of the page. Marking the entire proposal exempt from disclosure or as Proprietary Information will not be honored.

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

A charge will be made for copying and shipping as allowed by law. No fee shall be charged for inspection of contract files, but twenty-four (24) hours’ notice to the 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, 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/.

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

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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.

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 after the announcement of the Apparently Successful Contractor(s).

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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 to responding to this RFP.

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 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, signed

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 signed:

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.

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CERTIFICATIONS AND ASSURANCES (MANDATORY)

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 for the project. This section should convey the Proposer’s full understanding of the proposed project.

Present both an overall technical approach for reviewing environmental project materials and the approach proposed for individual technical areas and tasks. Include any recommendations to improve the scope (including rationale) and reflect those recommendations in the cost estimate.

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 but do not select subcontractors until all relevant requirements have been reviewed, including the Code of Federal Regulations if applicable.

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

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

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

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

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

MANAGEMENT PROPOSAL

A. Project Management (SCORED)

1. Project Team Structure and Internal Controls: Provide a description of the proposed project team structure and internal controls to be used during the course of the NEPA project work, particularly any broadband infrastructure or other linear facility projects.

Emphasize prior work experience with broadband infrastructure projects, state agencies, major relevant construction projects, and the geographical areas of study.

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Discuss the contractor’s familiarity with the specialized issues and requirements of broadband infrastructure or other linear deployment. Describe the contractor’s past record in meeting performance and delivery requirements for similar contracts. 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 the performance of this potential contract and relationships of these staff to other programs or functions of the organization(s). This chart must also show lines of authority to the next senior level of management. Include who will have prime responsibility and final authority for the work.

These key personnel shall not be reassigned within the project or to other projects without prior consultation with the State Broadband Office staff.

Describe the proposed management scheme for the project, with a discussion of where the work will be done and where each key person and subcontractor presently resides.

Provide the proposed mechanisms for communication, reporting, technical direction and control, cost control, schedule control, quality control, quality assurance and control of subcontractors.

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

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

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. · Expert knowledge of environmental laws and regulations related to broadband infrastructure deployment and adoption, including direct experience with NEPA and other relevant federal, Washington state, and local regulations.

b. · Extensive experience throughout the NEPA lifecycle for EAs and EISs, including development of Findings of No Significant Impact (FONSI) or Records of Decision (ROD), and implementation and monitoring of mitigation actions.

c. · Ability to work effectively in a team environment and manage multiple projects simultaneously.

d. · Ability to work effectively in a team environment and manage multiple projects simultaneously.

e. · Strong analytical and problem-solving skills.

f. · Excellent written and verbal communication skills, including the ability to prepare clear and concise environmental documents and reports.

2. Indicate any other relevant experience that shows the qualifications of the Proposer 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. COMMERCE may award extra points to entities that are new to state contracting or pass-through funding in its sole discretion.

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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.

D. References (MANDATORY)

List names, addresses, telephone numbers, and e-mail addresses of three (3) business references for the Proposer and three (3) business references for the lead staff person for whom work has been accomplished or in progress projects of a similar nature 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

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

The Proposer should identify the type of contract, such as time and materials, cost plus, etc., and provide additional guidance on how the cost of the contract is to be estimated.

The evaluation process is designed to award this procurement not necessarily to the Proposer of the 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 (MANDATORY)

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

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

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The SBO anticipates awarding and signing a (identify type) contract. Since the specific dates and number of field teams required are strictly estimates, each contractor shall submit a daily crew billing rate and expense rate sheet.

The State Broadband Office will compensate the contractor based upon the actual crew and hours worked. All preparation and processing of documents, NEPA reviews, and any other costs not associated with the daily crew rate shall be submitted as a fixed-price proposal with an attached cost breakdown. The State Broadband Office understands that there may be out-of-scope requirements for the completion of this project and any resultant costs will be handled between the contractor and the applicant under the provisions of the contract.

Provide the cost for the required professional archaeologist monitoring plan per BEAD project area.

Any limiting assumptions used to prepare the cost estimate should be clearly specified in the proposal.

Also include a rate schedule that will apply to the project for any work beyond the scope stated in this

RFP.

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

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.

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

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

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

Workers’ Rights Certification Those Proposers that certify they do not require their employees to sign an individual arbitration clause as a condition of employment will receive an extra 5% of their awarded points added to their final score (see Exhibit C).

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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.

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 centralcontracts@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 mailto:centralcontracts@commerce.wa.gov

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Only protests…