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Information Technology Professional Services

Request for Qualifications and Quote

Washington State Historical SocietyRequest for Qualifications and Quote

Solicitation Number: WSHS-MDR-17-002

Project Name: IT Administration, Support, Installation & Development Network & System Administration

Workstation Installation & Support

Client Server, Web & N-Tier Application Dev.

General DB Administrator / DB Dev. / Data Analyst

Schedule

Date Issued: April 15, 2016

Questions Due: April 20, 2016

Answers Published: April 22, 2016

Complaints Due: April 27, 2016

Proposals Due: April 29, 2016, 5:00, PM PT

Estimated Performance Period

From May 16, 2016 To June 30, 2019

Solicitation Coordinator

Name: Misty Dawn Reese

Title: Director of Human Resources and Administration

Address: 1911 Pacific Avenue

Tacoma, WA 98402

Phone: (253) 798-5901

Cell: (253) 343-8401

Email: [email protected]

Washington State Historical SocietyIT RFQQ - WSHS-MDR-17-002

mailto:[email protected]

Table of Contents

1 PROJECT DESCRIPTION....................................................................................................................................1

1.1 Background..................................................................................................................................................11.2 Location........................................................................................................................................................11.3 Scope of Work..............................................................................................................................................11.4 Period of Performance.................................................................................................................................21.5 Deliverables.................................................................................................................................................21.6 Acceptance Criteria......................................................................................................................................31.7 Additional Expectations................................................................................................................................3

2 REQUIRED SUBMITTALS....................................................................................................................................3

2.1 Letter of Submittal........................................................................................................................................32.2 Management Proposal.................................................................................................................................42.3 Cost Proposal...............................................................................................................................................42.4 Non-Cost Proposal.......................................................................................................................................42.5 References...................................................................................................................................................5

3 DELIVERY OF PROPOSALS...............................................................................................................................5

3.1 Delivery Method...........................................................................................................................................53.2 Due Date and Time......................................................................................................................................6

4 EVALUATION AND AWARD................................................................................................................................6

4.1 Award Criteria..............................................................................................................................................64.2 Evaluation Process......................................................................................................................................74.3 Notification of Apparent Successful Bidders................................................................................................84.4 Award Notification........................................................................................................................................8

5 BIDDER REQUIREMENTS...................................................................................................................................9

5.1 Eligibility....................................................................................................................................................... 9

6 ADDITIONAL INSTRUCTIONS FOR BIDDERS...................................................................................................9

6.1 Authorized Communications........................................................................................................................96.2 Bidder Questions..........................................................................................................................................96.3 Complaints...................................................................................................................................................96.4 Debriefs and Protests.................................................................................................................................10

7 GENERAL INFORMATION.................................................................................................................................12

7.1 Purchaser’s Option to Extend....................................................................................................................127.2 Right to Cancel...........................................................................................................................................127.3 Information Availability...............................................................................................................................127.4 Proprietary or Confidential Information......................................................................................................127.5 Contracts....................................................................................................................................................127.6 Solicitation Amendments............................................................................................................................137.7 Incorporation of Documents into Contract..................................................................................................13

8 RFQQ EXHIBITS.................................................................................................................................................13

Certificate of Assurances ..........................................................................................................................14Contract Format Including Terms and Conditions......................................................................................15

Washington State Historical SocietyITPS Second Tier Solicitation (Work Request) – WSHS-MDR-17-001

1 PROJECT DESCRIPTION

1.1 Background

The Washington State Historical Society (WSHS), hereafter called “Agency,” issues this RFQQ to identify firms interested in providing high level network maintenance, troubleshooting, architecture, engineering and consulting for our internal network. WSHS seeks one contract that can provide a broad range of services.

Brief Description

The Agency seeks a contractor with a broad range of expertise on hand to field tier 2 and higher service requests as well as participate in planning network optimization as well as network administration tasks. The contractor would provide a network engineer to work with the Agency Contract Manasger for priority and overflow assignments, to be determined on an ongoing basis.

Typically, the contract would be on-site at the Agency’s main building at 1911 Pacific Avenue in Tacoma, an average of 20-25 hours per month with flexibility for holiday and vacation schedules as well as occasional extra hours for complex projects.

Contractors should have staff available who have hand-on expertise and certification working with Microsoft, Cisco, Watchguard, Barracuda, Blackbaud (Financial Edge & Altru) and Hewlett Packard products. A complete list of systems/specialities and instructions on requirements is in section 3 of this document.

1.2 Location

The Washington State Historical Society is located in three (3) separate facilities:

Washington State History Museum, 1911 Pacific Avenue, Tacoma, Washington, 98402Research Center, 315 N Stadium Way, Tacoma, Washington 98403State Capital Museum, 211 W 21st Avenue, Olympia, Washington 98501

1.3 Scope of Work

The Agency seeks a flexible working relationship with an experienced contractor who can provide expertise in a variety of systems and services as needed. The primary objective of this contract is to have a network enginerr on-site weekly for high level maintenance and troubleshooting. The Agency also seeks a partner organization that can assist with hardware recommendations, repairs, software updates and other liaison related tasks for vendors such as HP, Barracuda, Symantec, Cisco and Watchguard.

The Agency currently maintains a 99%+ record of uptime for electronic services including web, mail, phones and other business critical services supported by IT. It is expected that the contracto will enable WSHS to maintain that record by ongoing maintenance and availability of qualified engineers should emergency situations arise.

Work closely with and receive work direction and assignments from the WSHS Chief Administrative Officer (CAO) in the following areas:


Monitor network performance and apply best practices to maintain core services for staff (internet, email, phones, wireless, print services) including software and hardware.

Creates and monitors accounts for staff, vendors and volunteers-including archiving and restoration when needed. Creates and follows retention schedules for electronic documents and mail.

Works with vendors to ensure reliability of the network and specifications for network security, backups and other core system functions.

Desktop support for internal customers including point of sale stations, iPads, mobile phones, printers, software.

Supports remote access and mobile computing.

Backup for exhibits computers—particularly newer, networked systems and ipad kiosks.

Microsoft Exchange – Diagnose, troubleshoot and/or support.

File Servers – Diagnose, troubleshoot and/or support.

Firewall/Security Services – Oversee system/application responsibility and/or managerial responsibility for systems/applications.

Web server/Collections Catalog and associated database servers – Evaluate technology, suggest improvements, identify solutions to technically complex problems.

Maintaining security – Ensure appropriate safeguards in place (both hardware and software) and monitor. Insure systems are meeting needs.

Web integration – Maintain web back-ends, one CMS for Marketing Department to update site and second for Collections data; programming support.

Backup and restoration – Symantec software to backup files and create archives. Monitor and store off-site bi-annually.

Upgrade and consolidation of two (2) network server rooms into one at the Washington State History Museum. This will include removal of old wiring, relocation of servers to consolidate to one room on the 2nd floor, as well as upgrade of current server configuration.

Provide a flexible working relationship with an experienced contractor who can provide expertise in a variety of systems and services as needed. Network engineer on-site weekly for high level maintenance and troubleshooting. Assist with hardware recommendations, repairs, software updates, desktop installing and troubleshooting, network administration, server support and maintenance.

WSHS currently maintains a 99%+ record of uptime for electronic services including web, email, phones and other business critical services supported by IT. It is expected that the contractor will enable WSHS to maintain that record by ongoing maintenance and availability of qualified engineers should emergency situations arise.

1.4 Period of Performance

It is expected that the successful firm will be under contract by June 1, 2016. The hours assigned per week are at the agency’s discretion, but are expected to be between 4-6 hours on average. The contract will run through the end of the next state biennial budget period, which ends June 30, 2019. The agency reserves the right to renew this contract for two additional three (3) consecutive


years following the review of the contractor’s performance near the end of the period of performance.

1.5 Deliverables

The contractor would be on-site at WSHS’s main facility at 1911 Pacific Avenue in Tacoma, an average of 20-24 hours per month with flexibility for holiday and vacation schedules as well as occasional extra hours for complex projects.

1.6 Acceptance Criteria

Work will be assigned/coordinated by the Director of Human Resources and Administration via the mutually agreed upon method of communication.

WSHS will pay contractor upon receipt of properly completed invoices, which shall be submitted to the CAO (Contract Manager) not more often than monthly. The invoices shall describe and document to WSHS’s satisfaction a description of the work performed, the progress of the project, and fees. Invoices will be reviewed for completion and accuracy by the CAO who will submit for payment to the WSHS fiscal office.

1.7 Additional Expectations

Individuals assigned to perform work within WSHS facilities are required to pass a background check prior to being allowed to perform work.

2 REQUIRED SUBMITTALSBidders must include, at a minimum, the following documents/information with their submittals.

a. Letter of Submittal, including signed Certifications and Assurances (Exhibit A)

b. Management Proposal

c. Cost Proposal: and

d. Qualifications Proposal

The proposal must include the signature of an authorized bidder representative on all documents requiring a signature.

Proposals which do not include any of the following required submittals will be rejected for non-responsiveness.

2.1 Letter of Submittal

The Letter of Submittal, including signed Certifications and Assurances (Exhibit A) must be signed and dated by an authorized bidder representative to legally bind Consultant to a contractual relationship. Along with introductory remarks, the Letter is to include by attachment the following information about Consultant and any proposed subcontractors:

a. Name, Address, principal place of business, telephone, and fax and email address of legal entity with which the contract would be written;

b. Name, address, and telephone number of each principal officer (such as President, Vice President, Principal):


c. Legal status of Consultant (e.g., corporation, sole proprietorship, partnership) and the year the entity was organized to do business as the entity now substantially exists;

d. Federal Employer Tax identification number or Social Security number and the Washington State Uniform Business Identification (UBI) number issued by the Washington State Department of Revenue. If Consultant is lacking a Washington UBI number, it may obtain one after the contract award;

e. Location of the facility which Consultant would operate; and

f. Identify any Washington State employees or former employees employed or on the firm’s governing board as of the date of the Proposal.

2.2 Management Proposal

a. Project Team Structure. Identify the staff who will be assigned to the potential contract and indicate their responsibilities. In particular, identify the main consultant who would be assigned to work on-site at the Agency.

b. Staff Qualifications. Provide the areas of expertise of the staff members who have skill sets in line with Agency needs such as Cisco routers, HP switches, etc.

c. Identify any subcontractors you would employ, either by name or by general type (e.g., cabling, hardware).

2.3 Cost Proposal

List the hourly rates for any consultants on your team that have the potential to perform work for the Agency. Include any potential expenses such as per call charges for help desk assistance or fees incurred to procure 3rd party goods and services. If there are variances in evening or weekend rates, please note those next to the regular rates. Please note: The Agency will not pay travel expenses for consultants traveling to any of the three WSHS locations.

2.4 Non-Cost Proposal

Qualifications

For the products or services listed below, please describe your affiliation and expertise.

For example, Microsoft Gold Partner, qualified to resell and consult on all Microsoft products. Able to provide government pricing. Have 6 consultants on staff who have Microsoft certification and would be available to work on Agency projects. List each specific consultant’s skills and certifications and specialties.

Please note that the areas of expertise needed are listed in order of importance. Responses will be weighted.

1. Microsoft (server and desktop-currently includes several versions of server, SQL, IIS, SharePoint, Exchange) 125

2. Cisco (including phones, routers, WAPS, Smartnet renewals, and switches. 125

3. Hewlett-Packard (Agency purchases HP products from state contract 125


but needs an HP reseller to assist with repairs, warranties, replacement parts and configuration on a variety of servers and desktops as well as switches).

4. Barracuda Networks (Spam and Archiver appliances, including annual software renewals). 125

5. Dotster (Agency provider for domain, DNS and certificate registry) 100

6. Blackbaud – Financial Edge & Altru (Ticketing, donor and financial software. Describe any expertise with this product). 100

7. KE Software/Redhat (KE is the Agency’s museum collections catalog, which runs on the only Linux server on the network. Describe experience with the software and/or operating system).

100

8. ContentDM (Digital asset management program used to create a searchable web interface for photographs and scanned objects). 100

9. List any other expertise your team may have that may be useful in the Agency’s network environment. 100

Total Non-Cost Points 1000

2.5 References

List names, addresses, business telephone numbers, fax numbers and email addresses for at least four (4) clients for whom you have provided network maintenance and architectural services in the last five (5) years. By listing these names, you grant Agency permission to consult the references. Failure to provide references or adverse responses regarding work performance when contacting references can result in a proposal being eliminated as a finalist.

If Consultant or any names subcontractor has contracted with any agency of the State of Washington in the last twenty-four (24) months, indicate the name of the agency and the contract number or other information sufficient to identify the contract.

If Consultant has had a contract terminated for default in the last five (5) years, describe the circumstances. If no such termination occurred, so state.

3 DELIVERY OF PROPOSALS

3.1 Delivery Method

All proposals must be emailed to the solicitation coordinator.

Facsimile transmissions will not be accepted.

Improperly delivered proposals will be rejected as non-responsive.

Purchaser assumes no responsibility for confirmation of receipt and cannot discuss contents prior to the due date and time.

All proposals and any accompanying documentation become the property of Purchaser and will not be returned


3.2 Due Date and Time

Proposals in their entirety must be received by the solicitation coordinator by the due date and time. Late proposals will be rejected as non-responsive.

The "receive date/time" posted by the purchaser’s email system will be used as the official time stamp.

Bidders should allow sufficient time to ensure timely receipt.

Purchaser assumes no responsibility for delays and or errors caused by bidder’s e-mail, purchaser’s email, network events or any other party.

4 EVALUATION AND AWARDTo aid in the evaluation process, after the due date and time, purchaser may require individual bidders to appear at a date, time and place determined by purchaser for the purpose of conducting discussions to determine whether both parties have a full and complete understanding of the nature and scope of contractual requirements. In no manner shall such action be construed as negotiations or an indication of purchaser’s intention to award.

During evaluation, purchaser reserves the right to make reasonable inquiry to determine the responsibility of any bidder. Requests may include, but are not limited to, financial statements, credit ratings, references, record of past performance, clarification of Bidder’s offer, and on-site inspection of bidder's or bidder's subcontractor's facilities. Failure to respond to said request(s) may result in a proposal being rejected as non-responsive.

Bidders whose proposals are determined to be non-responsive will be rejected and will be notified of the reasons for such rejection.

4.1 Award Criteria

Award will be based on the following criteria and will be in accordance with provisions identified in RCW 39.26.160 and other criteria identified in the solicitation.

Criteria Available Points

Cost 700

Non-Cost 1000

Total 1700

Purchaser reserves the right to use references to confirm satisfactory customer service, performance, satisfaction with service/product, knowledge of products/service/industry and timeliness; any negative or unsatisfactory response may be an adequate reason for rejecting a bidder as non-responsible and unable to suit the needs of the state. Purchaser reserves the right to waive a reference check. Bidders deemed non-responsible may be rejected.


http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26.160

4.2 Evaluation Process

4.2.1 Initial Determination of Responsiveness

Proposals will be reviewed initially by the solicitation coordinator and/or authorized personnel to determine, on a pass/fail basis, whether each proposal meets all the administrative requirements specified herein.

Purchaser reserves the right to determine at its sole discretion whether a bidder’s response to a mandatory requirement is sufficient to pass. However, if all responding bidders fail to meet any single mandatory item, purchaser reserves the right, at its option, to either: (1) cancel the procurement, or (2) revise or delete the mandatory item.

4.2.2 Cost Proposal Evaluation

This cost evaluation will focus on hourly rates of the primary assigned consultant hourly fee.

The bidder with the lowest hourly rate will receive the maximum (700) cost evaluation points. Those proposals with higher hourly rates will receive proportionately fewer cost evaluation points based upon the lowest hourly rate.

Example:

Bidder A:(Lowest hourly rate)

$50.00 = 700 Points Winner receives all 700 available points

Bidder B:(2nd Lowest hourly rate)

$56.00

$50.00 / $56.00 = .89 * 700 = 623 PointsLowest Bid / Higher Bid = Percentage of Available Points * Available Points = Points Awarded

4.2.3 Non-Cost Evaluation

A committee will evaluate non-cost submittals and assign scores as set forth herein.

The committee members need not award all possible points and will score the non-cost submittal consistent with their values and best professional judgment. The committee members will primarily focus on the considerations stated in the solicitation.

In addition to presiding over the evaluation committee, solicitation coordinator may review the non-cost submittals provide input, assemble evaluation aids, or perform other functions helpful to the evaluation committee. The committee may engage in a free flow of discussion with other committee members and the solicitation coordinator prior to, during, and after the evaluation.

The scoring of the questions may be performed in isolation or together as a group, or a combination of both. Each committee member will give a particular question a score utilizing the point system identified in the table above which has been established in accordance with primary stakeholder considerations.

All of the committee members’ scores for a question will be added together and then divided by the number of members to arrive at a total score for that question. If a minimum total score is required but is not achieved, the proposal is disqualified. This process will repeat for all questions.

Example:


Question 1 Question 2 Total

Score 1 Score 2Q1

Score Score 1 Score 2Q2

Score Bidder A 140 145 142.5 140 145 142.5 285Bidder B 130 135 132.5 130 135 132.5 265

4.2.4 Selection of Apparent Successful Bidders

To identify an apparent successful bidder, each bidder’s points earned from the cost evaluation and the non-cost evaluation will be added together as follows:

Scores from the two examples above:

Cost Factor Points Non-Cost Factor Points TotalBidder A 700 285 985Bidder B 623 265 888

The bidder with the highest number of total points will be declared the apparent successful bidder. Purchaser may then enter into contract negotiations with the apparent successful bidder.

Designation as an apparent successful bidder does not imply that the state will issue an award; it merely suggests that the state believes a proposal to be responsive and offer the best value to the purchaser. This designation allows the purchaser an opportunity to perform a responsibility analysis and ask for additional documentation. Purchaser is also at liberty to re-review and determine whether a proposal is responsive as initially determined. Bidder must not construe the notification of award, impending award, or attempts to negotiate, etc. as a final award decision. Any assumptions are done so at the bidder’s own risk and expense.

Should Contract negotiations fail to be completed within 30 days after initiation, Purchaser may immediately cease Contract negotiations and declare the second lowest Bidder the new Apparent Successful Bidder and enter into Contract negotiations with that Bidder. This process will continue until a contract is signed or no qualified bidders remain.

4.3 Notification of Apparent Successful Bidders

All bidders responding to this solicitation will be notified when purchaser has determined the apparent successful bidder(s). The date of announcement of the apparent successful bidders will be the date of the notification from purchaser.

4.4 Award Notification

After all considerations, all bidders responding to this solicitation will be notified when the purchaser has confirmed its intent to award. An award notification will be sent out via WEBS, notifying all bidders.

The date of announcement of award will be the date of the notification from the purchaser.

An award, in part of full, is made by purchaser’s signature on the purchaser’s order document (second-tier contract) and accompanying award letter (if any) that is also delivered to the apparent successful bidder. In some circumstances, the purchaser may include an award letter which will accompany the signed copy of the second-tier contract; the award letter will further define the award and is included by reference.


5 BIDDER REQUIREMENTS

5.1 Eligibility

Contractor must be or become licensed to do business in the State of Washington. Contractor must have formal relationships and certifications with the majority of vendors specific in section 4 of this document.

6 ADDITIONAL INSTRUCTIONS TO BIDDERS

6.1 Authorized Communication

All bidder communications concerning this solicitation must be directed to the solicitation coordinator. Unauthorized contact regarding this solicitation with other state employees involved with the solicitation may result in disqualification. All oral communications will be considered unofficial and non-binding on purchaser. Bidders should rely only on written statements issued by the solicitation coordinator, such as solicitation amendments.

6.2 Bidder Questions

Questions regarding this solicitation will be allowed consistent with the schedule. All questions must be submitted in writing to the solicitation coordinator.

Purchaser will provide written answers for questions received by the question and answer period’s deadline. Answers will be posted to WEBS and the Agency website.

Verbal responses to questions will not be provided. Only written answers posted to WEBS and the Agency website will be considered official and binding. Bidders will not be identified in answers.

When the question and answer period is complete, additional comments will be for the purpose of informing the solicitation coordinator of an issue only. Questions and comments outside the question and answer period will not be answered or acknowledged.

If interpretations or other changes to this solicitation are required as a result of inquiries made during the question and answer period, the solicitation may be amended. Amendments are posted to WEBS and Agency website.

6.3 Complaints

Review enabling legislation RCW 39.26.170 and Policy # DES-170-00.

Issues or concerns not resolved to a bidder’s satisfaction during a normal question and answer period or a pre-bid meeting may be addressed through a complaint only on the following the grounds:

1. the solicitation unnecessarily restricts competition;

2. the evaluation or scoring process is unfair or flawed; or

3. the solicitation requirements are inadequate or insufficient to prepare a proposal.

A complaint must:

1. be received by solicitation coordinator not less than five business days prior to the due date and time. Otherwise, an untimely complaint may be rejected without further consideration at the discretion of the purchaser; and


http://www.des.wa.gov/SiteCollectionDocuments/About/Procurement_reform/Policies/Topic5_FinalComplaintAndProtestPolicy.pdf

http://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.170

2. be in writing.

A complaint should:

1. clearly articulate the basis of the complaint consistent with the compliant criteria; and

2. include a proposed remedy.

Upon receipt of a timely complaint, the purchaser will consider all the facts available and respond in writing prior to the due date and time.

The solicitation coordinator shall promptly post the proposal to a timely complaint on WEBS.

The purchaser’s response to the complaint is final and not subject to appeal although; the solicitation coordinator may issue further clarification if needed. Issues raised in a complaint may not be raised again during the protest period.

Failure to follow the complaint procedure described herein may be seen as a waiver on the part of the bidder and prevent the complaint from being honored and exercised.

6.3.1 Form and Substance

Complaints, must:

1. be in writing (e-mail is acceptable);

2. be submitted by an authorized agent of the Bidder;

3. be delivered within the time frame(s) outlined herein;

4. be sent to the solicitation coordinator identified in the solicitation;

5. include solicitation identifiers (i.e. title and number) ;

6. Be clearly labeled as a “Complaint”.

Additionally, all complaints must:

1. state all facts and arguments on which the Bidder is relying as the basis for its action; and

2. include any supporting documentation.

6.4 Debriefs and Protests

Review enabling legislation RCW 39.26.170 and Policy # DES-170-00.

6.4.1 Debriefs

A debriefing conference provides an opportunity for a bidder to meet with the solicitation coordinator to discuss the evaluation and scoring.

Only bidders who have submitted timely proposals may request debriefing conferences.

Requests for debriefing conferences must be communicated in writing (email acceptable) to the solicitation coordinator within three business days of the announcement of the apparent successful bidder(s).

A debriefing conference may be conducted either in person or by telephone and may be limited to a specified period of time, as determined by the solicitation coordinator. Debriefing conferences may take place shortly following the request. Therefore, bidders should plan ahead and have


http://www.des.wa.gov/SiteCollectionDocuments/About/Procurement_reform/Policies/Topic5_FinalComplaintAndProtestPolicy.pdf

http://apps.leg.wa.gov/rcw/default.aspx?cite=39.26.170

alternate representatives available. The solicitation coordinator will not allow for lengthy delays nor allow debriefing conferences to be used as delay tactics.

The failure of a bidder to submit a timely request for and attend a debriefing conference shall constitute a waiver of the right to protest.

6.4.2 Protests

Only bidders who have submitted timely proposals and have had a debriefing conference may protest.

Upon completion of a debriefing conference, a bidder is allowed five business days to file a protest with the solicitation coordinator.

Protests may only be based on one or more of the following:

1. Bias, discrimination, or conflict of interest on the part of an evaluator;

2. errors were made in computing the score;

3. the purchaser failed to follow procedures established in the solicitation document.

A protest must:

1. be submitted to and received by the solicitation coordinator, within five business days of the protesting bidder’s debriefing conference;


3. include a specific and complete statement of facts forming the basis of the protest; and

4. include a description of the relief or corrective action requested.

Upon receiving a protest, the solicitation coordinator will forward the protest and all relevant information to a neutral party which had no involvement with the solicitation process. This representative will conduct a review, and issue a written response within 10 business days of receipt of the protest, unless additional time is required. Should additional time be required, the protesting party will be notified.

The final determination of the protest will:

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

Find only technical or innocuous errors in the acquisition process and determine the purchaser to be in substantial compliance and reject the protest; or

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

o Correcting the errors and re-evaluating all proposals, and/or

o Reissuing the solicitation and beginning a new process, or

o Making other findings and determining other courses of action as appropriate.

If the purchaser determines that the protest is without merit, they will enter into a contract with the apparent successful bidder(s). If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

The protest decision is final and not subject to appeal. If the protesting bidder does not accept the agency protest decision, the bidder may seek relief in Superior Court.


6.4.3 Form and Substance

Debrief requests and protests must:


2. be submitted by an authorized agent of the bidder;

3. be delivered within the time frame(s) outlined herein;

4. be sent to the solicitation coordinator identified in the solicitation;

5. include solicitation identifiers (i.e. title and number) ;

6. Be clearly labeled as a “Debrief”, or “Protest”.

Additionally, all protests must:

1. state all facts and arguments on which the bidder is relying as the basis for its action; and

2. include any supporting documentation.

A bidder’s failure to follow debrief and protest procedures described herein may be seen as a waiver on the part of the bidder and prevent a debrief request or protest from being honored and exercised.

7 GENERAL INFORMATION7.1 Purchaser’s Option to Extend

The purchaser reserves the right to extend the second-tier contract (order document) issued under this solicitation for a one year period at the purchaser’s option.

7.2 Right to Cancel

Purchaser reserves the right to cancel or reissue all or part of this solicitation at any time as allowed by law without obligation or liability.

7.3 Information Availability

In accordance with RCW 39.26.030(2), Proposal contents (including pricing information) and evaluations are exempt from disclosure until purchaser announces apparent successful bidders.

7.4 Proprietary or Confidential Information

All proposals submitted become the property of purchaser and a matter of public record after purchaser announces apparent successful bidder(s).

Any information contained in the proposal that is proprietary or confidential must be clearly designated. Marking of the entire proposal or entire sections thereof as proprietary or confidential will not be accepted nor honored. Purchaser will not honor designations by the bidder where pricing is marked proprietary or confidential.

7.5 Contracts

A proposal submitted to this solicitation is an offer to contract with purchaser. Contracts are established upon award, acceptance and signature by both parties.


http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26.030

7.6 Solicitation Amendments

Purchaser reserves the right to revise the schedule or other portions of this solicitation at any time. Changes or corrections will be by one or more written Amendment(s), dated, attached to or incorporated in and made a part of this Solicitation document. All changes must be authorized and issued in writing by the solicitation coordinator. If there is any conflict between amendments, or between an amendment and the solicitation, whichever document was issued last in time shall be controlling. Only bidders who have properly registered and downloaded the original solicitation directly via WEBS system will receive notification of amendments and other correspondence pertinent to the procurement. Bidders may be required to sign and return solicitation Amendments with their proposal. Bidders must carefully read each amendment to ensure they have met all requirements of the solicitation.

7.7 Incorporation of Documents into Contract

This solicitation document, any subsequent amendments and the bidder’s proposal will be incorporated into the purchaser’s order document or second-tier contract which is in turn, incorporated into the contractor’s master or first-tier contract with DES.

Second-tier contracts may include additional or conflicting terms and conditions as determined by the purchaser. In the event of any conflict, the terms of the second-tier contract shall prevail.

8 RFQQ EXHIBITS Exhibit A Certifications and Assurances

Exhibit B Contract Format including General Terms and Conditions (GT&Cs)


CERTIFICATIONS AND ASSURANCES

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

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

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

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

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

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

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

8. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

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

10. I/we grant the AGENCY the right to contact references and others, who may have pertinent information regarding the Proposer’s prior experience and ability to perform the services contemplated in this procurement.

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

Signature of Proposer


Title Date

Contract Between the

State of WashingtonWashington State Historical Society

And

This contract is made and entered into by and between the state of Washington, Washington State Historical Society, hereinafter referred to as the “AGENCY,” and the below named firm, hereinafter referred to as “CONTRACTOR.”

Phone: Email:

PURPOSEThe purpose of this contract is to provide .

SCOPE OF WORKA. The CONTRACTOR will provide services and staff, and otherwise do all things necessary for or

incidental to the performance of work, as set forth below:

B. Attachment A, attached hereto and incorporated by reference, contains the General Terms and Conditions governing work to be performed under this contract, the nature of the working relationship between the AGENCY and the CONTRACTOR, and specific obligations of both parties.

C. Attachment B, attached hereto and incorporated by reference, contains the WSHS Background Check Form required for those working for the AGENCY. This is required for all individuals performing work for the AGENCY under the CONTRACTORS direction.

D. Attachment C, attached hereto and incorporated by reference, contains the Statewide Payee Registration Form required to be completed and submitted prior to payment being made by AGENCY to CONTRACTOR.

PERIOD OF PERFORMANCEThe period of performance under this contract will be from , or date of execution; whichever is later, through .

COMPENSATIONTotal compensation payable to CONTRACTOR for satisfactory performance of the work under this contract shall not exceed ($ ). CONTRACTOR’S compensation for services rendered shall be based on the following rates or in accordance with the following terms:

BILLING PROCEDURES AND PAYMENTAGENCY will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Contract Manager. CONTRACTOR will complete the required Statewide Payee Registration Form prior to payment being made. This document may be submitted with the properly completed invoice.


The invoices shall describe and document, to the AGENCY’S satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the contract reference number WSHS-17-____. Payment shall be considered timely if made by the AGENCY within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the CONTRACTOR.

The AGENCY may, in its sole discretion, terminate the contract or withhold payments claimed by the CONTRACTOR for services rendered if the CONTRACTOR fails to satisfactorily comply with any term or condition of this contract.

No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the AGENCY.

CONTRACT MANAGEMENTThe Contract Manager for each of the parties shall be the contact person for all communications and billings regarding the performance of this contract.

CONTRACTOR - Contract Manager Information AGENCY – Contract Manager Information Washington State Historical Society

1911 Pacific AvenueTacoma, WA 98504Phone: (253) 798- FAX: (253) 272-9518Email:

INSURANCEThe CONTRACTOR shall provide insurance coverage as set out in this. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the CONTRACTOR or subcontractor, or agents of either, while performing under the terms of this contract.

The CONTRACTOR shall provide insurance coverage, which shall be maintained in full force and effect during the term of this contract, as follows:1. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance

Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence.

Additionally, the CONTRACTOR is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.

2. The insurance required shall be issued by an insurance company/ies authorized to do business within the state of Washington, and shall name the state of Washington, its agents and employees as additional insured’s under the insurance policy/ies.

All policies shall be primary to any other valid and collectable insurance. CONTRACTOR shall instruct the insurers to give AGENCY thirty (30) calendar days advance notice of any insurance cancellation.

CONTRACTOR shall submit to AGENCY within fifteen (15) calendar days of the contract effective date, a certificate of insurance that outlines the coverage and limits defined in the Insurance section. CONTRACTOR shall submit renewal certificates as appropriate during the term of the contract.

PERMISSIONS


The CONTRACTOR gives permission to the Washington State Historical Society (WSHS), including the Washington State Historical Society Research Center, Washington State History Museum, and State Capital Museum and Outreach Center permission to record and/or archive the presentation/digital media file(s) resulting from services described in the Scope of Work.

The CONTRACTOR also gives permission to use the video/audio clip/digital media file(s) resulting from services described in the Scope of Work for the non-commercial purpose of: archiving/website usage/other TBD.

The CONTRACTOR waives all copyright and objections to this use by WSHS.

ASSURANCESAGENCY and the CONTRACTOR agree that all activity pursuant to this contract will be in accordance with all the applicable current federal, state and local laws, rules and regulations.

ORDER OF PRECEDENCEEach of the exhibits listed below is by this reference herby incorporated into this contract. In the event of an inconsistency in this contract, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable federal and state of Washington statutes and regulations2. Special terms and conditions as contained in this basic contract instrument3. Attachment A – General Terms and Conditions4. Attachment B – WSHS background check form5. Attachment C – Statewide Payee Registration Form6. Any other provision, term or material incorporated herein by reference or otherwise incorporated

ENTIRE AGREEMENTThis contract, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No other statements or representations, written or oral, shall be deemed a part hereof.

CONFORMANCEIf any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law.

APPROVALThis contract shall be subject to written approval of the AGENCY’S authorized representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties.

THIS CONTRACT, consisting of four (4) pages and three (3) attachments is executed by the persons signing below who warrant that they have the authority to execute the contract.

WASHINGTON STATE HISTORICAL SOCIETY Misty Dawn Reese

Signature_______________________________ Signature_______________________________

Printed Name Misty Dawn Reese Printed Name___________________________

Title Procurement & Purchasing Officer Title___________________________________

Date___________________________________ Date___________________________________


ATTACHMENT A

GENERAL TERMS AND CONDITIONS

DEFINITIONS –As used throughout this contract, the following terms shall have the meaning set forth below:

A. “AGENCY: shall mean the Washington State Historical Society of the State of Washington, any division, section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully representing the AGENCY.

B. “AGENT” shall mean the Director, and/or the delegate authorized in writing to act on the Director’s behalf.

C. “CONTRACTOR” shall mean that firm, provider, organization, individual or other entity performing service(s) under this contract, and shall include all employees of the CONTRACTOR.

D. “SUBCONTRACTOR” shall mean one not in the employment of the CONTRACTOR, who is performing all or part of those services under this contract under a separate contract with the CONTRACTOR. The terms “SUBCONTRACTOR” and “SUBCONTRACTORS” means SUBCONTRACTOR(s) in any tier.

ADVANCE PAYMENTS PROHIBITED –No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY.

AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the “ADA” 28 CFR Part 35 – The CONTRACTOR must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

ASSIGNMENTNeither this contract, nor any claim arising under this contract, shall be transferred or assigned by the CONTRACTOR without prior written consent of the AGENCY.

DISALLOWED COSTS –The CONTRACTOR is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its SUBCONTRACTORS.

DISPUTES – In the event a dispute arises between the parties concerning any matter involving this contract, the parties shall meet and confer in an attempt to resolve their disagreement informally. The parties agree that this process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this section shall prevent the parties from mutually agreement to an additional dispute resolution method such as mediation.

GOVERNING LAW – This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.

INDEMNIFICATION -- To the fullest extent permitted by law, CONTRACTOR shall indemnify, defend, and hold harmless the State, agencies of State and all officials, agents and employees of State, from and against all claims for injuries or death arising out of or resulting from the performance of the contract. “Claim,” as used in this contract, means any financial loss, claim, suit, action, damage or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness disease, or death, or injury to or destruction of tangible property including loss of use resulting therefrom.

CONTRACTOR’S obligations to indemnify, defend, and hold harmless includes any claim by CONTRACTOR’S agents, employees, representatives, or any SUBCONTRACTOR or its employees.


CONTRACTOR expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to CONTRACTOR’S for any SUBCONTRACTOR’S performance or failure to perform the contract. CONTRACTOR’S obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials.

CONTRACTOR waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees.

INDEPENDENT CAPACITY OF THE CONTRACTOR – The parties intend that an independent CONTRACTOR relationship will be created by this contract. The CONTRACTOR and his or her employees or agents performing under this contract are not employees or agents of the AGENCY. The CONTRACTOR will not hold himself/herself out as or claim to be an officer or employee of the AGENCY or of the State of Washington by reason hereof, nor will the CONTRACTOR make any claim of right, privilege or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the CONTRACTOR.

INDUSTRIAL INSURANCE COVERAGE – The CONTRACTOR shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the CONTRACTOR fails to provide industrial insurance coverage or fails to pay premiums or the penalties on behalf of its employees, as may be required by law, AGENCY may collect from the CONTRACTOR the full amount payable to the Industrial Insurance accident fund. The AGENCY may deduct the amount owed by the CONTRACTOR to the accident fund from the amount payable to the CONTRACTOR by the AGENCY under this contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the CONTRACTOR.

INTELLECTUAL PROPERTY INDEMNIFICATION –CONTRACTOR shall defend, indemnify and hold AGENCY harmless from and against all claims, demands, losses, damages or costs caused by or resulting from the use of any materials, expression, design, process, or equipment that constitutes an infringement of any current copyright interest, or violates any other proprietary interest including patent, trademark, or trade secret.

LICENSING, ACCREDITATION AND REGISTRATION – The CONTRACTOR shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this contract.

LIMITATION OF AUTHORITY – Only the Agent or Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Agent.

NONCOMPLIANCE WITH NONDISCRIMINATION LAWS – In the event of the CONTRACTOR’S noncompliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the CONTRACTOR may be declared ineligible for further contract with the AGENCY. The CONTRACTOR shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the “Disputes” procedure set forth herein.

NONDISCRIMINATION – During the performance of this contract, the CONTRACTOR shall comply with all federal and state nondiscrimination laws, regulations and policies.

PUBLICITY – The CONTRACTOR agrees to submit to the AGENCY all advertising and publicity matters relating to this Contract which, in the AGENCY” judgment, AGENCY” name can be implied or is


specifically mentioned. The CONTRACTOR agrees not to publish or use such advertising and publicity matters without the prior written consent of the AGENCY.

RECORDS MAINTENANCE – The CONTRACTOR shall maintain books, records, documents, data and other evidence relating to this contract and performance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract.

CONTRACTOR shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by the AGENCY, personnel duly authorized by the AGENCY, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.

If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

REGISTRATION WITH DEPARTMENT OF REVENUE – The CONTRACTOR shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this contract.

SAVINGS – In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the AGENCY may terminate the contract under the “Termination for Convenience: clause, without the ten-day notice requirement, subject to renegotiation at the AGENCY’S discretion under those new funding limitations and conditions.

SEVERABILITY – The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract.

SITE SECURITY – While on AGENCY premises, CONTRACTOR, its agents, employees, or SUBCONTRACTORS shall conform in all respects with physical, fire or other security regulations.

SUBCONTRACTING – Neither the CONTRACTOR nor the SUBCONTRACTOR shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the AGENCY. In no event shall the existence of the subcontract operate to release or reduce the liability of the CONTRACTOR to the Department for any breach in the performance of the CONTRACTOR’S duties. This clause does not include contracts of employment between the CONTRACTOR and personnel assigned to work under this contract.

Additionally, the CONTRACTOR is responsible for ensuring that all terms, conditions assurances and certifications set forth in this agreement are carried forward to any subcontracts. CONTRACTOR and its SUBCONTRACTORS agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the AGENCY or as provided by law.

TAXES – All payments accrued because of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the CONTRACTOR or its staff shall be the sole responsibility of the CONTRACTOR.

TERMINATION FOR CAUSE – In the event the AGENCY determines the CONTRACTOR has failed to comply with the conditions of this contract in a timely manner, the AGENCY has the right to suspend or terminate this Contract. This AGENCY shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action is not taken within 3 days, the contract may be terminated. The AGENCY reserves the right to suspend all or part of the contract, withhold further payments, or prohibit


the CONTRACTOR from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the CONTRACTOR or a decision by the AGENCY to terminate the contract.

In the event of termination, the CONTRACTOR shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g. cost of the competitive bidding, mailing, advertising and staff time. The termination shall be deemed to be a “Termination for Convenience” if it is determined that the CONTRACTOR: (1) was not in default, or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the AGENCY provided in this contract are not exclusive and are in addition to any other rights and remedies provided by law.

TERMINATION FOR CONVENIENCE – Except as otherwise provided in this contract, the AGENCY may, by 10 days written notice, beginning on the second day after the mailing, terminate this contract, in whole or in part. If this contract is so terminated, the AGENCY shall be liable only for payment required under the terms of this contract for services rendered or goods delivered prior to the effective date of termination.

TERMINATION PROCEDURES – Upon termination of this contract, the AGENCY, in addition to any other rights provided in this contract, may require the CONTRACTOR to deliver to the AGENCY any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the “Treatment of Assets” clause shall apply in such property transfer.

The AGENCY shall pay to the CONTRACTOR the agreed upon price, if separately stated, for completed work and services accepted by the AGENCY, and the amount agreed upon by the CONTRACTOR and the AGENCY for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services which are accepted by the AGENCY, and (iv) the protection and preservation of property, unless the termination is for default, in which case the AGENCY shall determine the extent of the liability of the AGENCY. Failure to agree with such determination shall be a dispute within the meaning of the “Disputes” clause of this contract. The AGENCY may withhold from any amounts due the CONTRACTOR such sum as the AGENCY determines to be necessary to protect the AGENCY against potential loss or liability.

The rights and remedies of the AGENCY provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

After receipt of a notice of termination, and except as otherwise directed by the Agent, the CONTRACTOR shall:

Stop work under the contract on the date, and to the extent specified, in the notice; Place no further orders or subcontracts for materials, services, or facilities except as may be

necessary for completion of such portion of the work under the contract that is not terminated; Assign to the AGENCY, in the manner, at the times, and to the extent directed by the Agent, all of

the rights, title, and interest of the CONTRACTOR under the orders and subcontracts so terminated, in which case the AGENCY has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.

Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, with the approval or ratification of the AGENCY to the extent AGENCY may require, which approval or ratification shall be final for all the purposes of this clause;

Transfer title to the AGENCY and deliver in the manner, at the times, and to the extent directed by the AGENCY and property which, if the contract had been completed, would have been required to be furnished to the AGENCY;

Complete performance of such part of the work as shall not have been terminated by the AGENCY; and


Take such action as may be necessary, or as the AGENCY may direct, for the protection and preservation of the property related to this contract which is in the possession of the CONTRACTOR and in which the AGENCY

TREATMENT OF ASSETS –

Title to all property furnished by the AGENCY shall remain in the AGENCY. Title to all property furnished by the CONTRACTOR, for the cost of which the CONTRACTOR is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the AGENCY upon delivery of such property by the CONTRACTOR. Title to other property, the cost of which is reimbursable to the CONTRACTOR under this contract, shall pass to and vest in the AGENCY upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by the AGENCY in whole or in part, whichever first occurs.

Any property of the AGENCY furnished to the CONTRACTOR shall, unless otherwise provided herein or approved by the AGENCY, be used only for the performance of this contract.

The CONTRACTOR shall be responsible for any loss or damage to property of the AGENCY which results from the negligence of the CONTRACTOR or which results from the failure on the part of the CONTRACTOR to maintain and administer that property in accordance with sound management practices.

If any AGENCY property is lost, destroyed or damaged, the CONTRACTOR shall immediately notify the AGENCY and shall take all reasonable steps to protect the property from further damage.

The CONTRACTOR shall surrender to the AGENCY all property of the AGENCY prior to settlement upon completion, termination or cancellation of this contract.

All reference to the CONTRACTOR under this clause shall also include CONTRACTOR’S employees, agents or SUBCONTRACTORS.

U.S. DEPARTMENT OF TREASURY, OFFICE OF FOREIGN ASSETS CONTROL –The AGENCY complies with U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC) payment rules. OFAC prohibits financial transactions with individuals or organization, which have been placed on the OFAC Specially Designated Nationals (SDN) and Blocked Persons sanctions list located at http://www.treas.gov/offices/enforcement/ofac/index.html. Compliance with OFAC payment rules ensures that the AGENCY does not conduct business with individuals or organizations that have been determined to be supporters of terrorism and international drug dealing or that pose other dangers to the United States.

Prior to making payment to individuals or organizations, the AGENCY will download the current OFAC SDN file and compare it to AGENCY and statewide vendor files. In the event of a positive match, the AGENCY reserves the right to: 1) make a determination of “reasonability” before taking the positive match to a higher authority, 2) seek assistance from the Washington State Office of the State Treasurer (OST) for advanced assistance in resolving the positive match, 3) comply with an OFAC investigation, if required, and/or 4) if the positive match is substantiated, notify the CONTRACTOR in writing and terminate the contract according to the Termination for Convenience provision without making payment. The AGENCY will not be liable for any late payment fees or missed discounts that are the result of time required to address the issue of an OFAC match.

WAIVER – Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this contract unless stated to be such in writing and signed by the AGENCY.


http://www.treas.gov/offices/enforcement/ofac/index.html