L&I RFP Number K3536

REQUEST FOR PROPOSALS

LOGGING INDUSTRY WORK SITE SAFETY AUDIT SERVICES

SOLICITATION NO. K3536 ISSUE DATE: MARCH 30, 2016

1. RFP SCHEDULEEVENT DATES & TIME

Issue Request for Proposals March 30, 2016

Question & Answer Period March 30, 2016 to April 26, 2016

Pre-Proposal Bidders’ Conference April 26, 2016, 10 a.m. – noon

Complaint Period Ends May 9, 2016

Due Date for Bids/Proposals May 16, 2016 at 8:00 AM local time in Olympia WA

THE FOLLOWING DATES ARE ESTIMATES

Conduct Evaluations Begin May 16, 2016

Oral Presentations, if any June 2 through June 10, 2016

Notification to Successful and Unsuccessful Bidder(s) June 14, 2016

Debriefing Conferences, if requested Through June 28, 2016, or 10 working days after announcement of Apparent Successful Bidder

Execute Contract June 29, 2016

Begin contract work (Contract Start Date) July 1, 2016

File Name: document.docx Page 1 of 25 Printed: 5/6/23

L&I RFP Number K35362. VENDOR REGISTRATION / WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS)

Washington's Electronic Business Solution (WEBS) is an Internet vendor registration and solicitation notification system. The system offers one online site where vendors can register to receive state government solicitation notifications. L&I shall utilize WEBS for all solicitation updates (e.g. addenda, amendments, posting, etc.). WEBS can be accessed at: http://des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx .

Bidders must register in WEBS by the bid Due Date. Failure to do so may result in the rejection of the Bidder's response. Bidders are encouraged to register as early as possible to ensure they have access to RFP updates. A Bidder will not receive a notification of the RFP or the updates prior to their registration.

Bidders are strongly encouraged to download the original RFP from WEBS. Only Bidders who have downloaded the original RFP directly from WEBS prior to an amendment being issued will receive email notification via WEBS of the amendment.

Please select the following Commodity Code when registering in WEBS.

COMMODITY CODE TITLE COMMODITY CODE

Architectural And Engineering Services, Non-Professional - Safety Engineering and Accident Studies; OSHA Studies 907-72

Consulting Services - Security/Safety Consulting 918-93

File Name: document.docx Page 2 of 25 Printed: 5/6/23

L&I RFP Number K3536

SOLICITATION TABLE OF CONTENTS

This solicitation consists of 2 documents : the RFP and the Sample Contract.1. RFP SCHEDULE.............................................................................................................................................12. VENDOR REGISTRATION / WASHINGTON'S ELECTRONIC BUSINESS SOLUTION (WEBS).............................2

GENERAL INFORMATION........................................................................................................................................43. INTRODUCTION...........................................................................................................................................44. DEFINITIONS................................................................................................................................................45. BACKGROUND.............................................................................................................................................46. OBJECTIVE...................................................................................................................................................57. QUALIFICATION REQUIREMENTS................................................................................................................58. PERIOD OF PERFORMANCE.........................................................................................................................59. FUNDING.....................................................................................................................................................510. CONFLICT OF INTEREST- BIDDER/CONTRACTOR’S STAFF............................................................................511. POSSIBILITY FOR MULTIPLE CONTRACT AWARDS.......................................................................................5

SCOPE OF WORK.....................................................................................................................................................6SCOPE OF WORK THE CONTRACTOR WILL PERFORM.........................................................................................6

SOLICITATION PROCESS..........................................................................................................................................812. RFP COORDINATOR.....................................................................................................................................813. QUESTION AND ANSWER PERIOD...............................................................................................................814. BIDDERS’ CONFERENCE...............................................................................................................................815. COMPLAINT PROCESS (PRE-BID DUE DATE)................................................................................................816. RFP MODIFICATION.....................................................................................................................................917. SUBMISSION OF BID....................................................................................................................................918. FAILURE TO COMPLY...................................................................................................................................919. ERRORS........................................................................................................................................................920. SINGLE RESPONSE.......................................................................................................................................921. MOST FAVORABLE TERMS...........................................................................................................................922. EVALUATION.............................................................................................................................................1023. FINAL SELECTION.......................................................................................................................................1124. DEBRIEFING OF UNSUCCESSFUL BIDDERS.................................................................................................1125. AUTHORITY TO BIND THE DEPARTMENT OF LABOR AND INDUSTRIES.....................................................1126. PROTEST PROCESS (POST BID DUE DATE).................................................................................................11

PREPARING AND SUBMITTING A BID...................................................................................................................1427. COMPLETING THE BIDDER’S QUESTIONNAIRE..........................................................................................1428. ACCEPTANCE OF SOLICITATION AND SAMPLE CONTRACT CONTENT........................................................1429. PROPRIETARY INFORMATION & PUBLIC DISCLOSURE..............................................................................1430. COST OF PREPARING BIDS.........................................................................................................................14

BIDDER’S QUESTIONNAIRE QUALIFICATIONS, EXPERIENCE, COST RESPONSE.....................................................15

File Name: document.docx Page 3 of 25 Printed: 5/6/23

L&I RFP Number K3536

GENERAL INFORMATION3. INTRODUCTION

The Washington State Department of Labor & Industries (hereafter called L&I or the department) is initiating this Request for Proposals (RFP) to solicit responses from individuals or firms interested in contracting with L&I to provide independent third party work site safety audit of LSI Enrollee’s operations for initial program certification and conducting a re-audit of the LSI certified Enrollees in year three of their LSI participation.

Expected (initial) Time Period For Contract:

July 1, 2016 to June 30, 2018 (2 years), for further detail see the Period of Performance clause.

Anticipated Maximum Potential Compensation:

$500,000 for the initial term of this contract and if extended$1,500,000 over 6 years

4. DEFINITIONSBid: means an offer, proposal, or quote for goods or services in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.

Bidder: means an individual or entity who submits a bid, quotation, or proposal in response to a solicitation issued for such goods or services by the department or an agency of Washington state government.

Contractor: means an individual or entity awarded a contract with the department or an agency to perform a service or provide goods.

Certified Minority and Women-Owned Business Enterprise (MWBE): means a minority or women-owned business enterprise certified by the Office of Minority and Women's Business Enterprises of Washington State.

L&I: means the state of Washington, Department of Labor and Industries.

Vendor: Any business with an interest in this solicitation.

Washington's Electronic Business Solution (WEBS): This is the state’s enterprise vendor registration and bid notification system.

Working Days: mean days that L&I is open for business (weekends, state holidays, closures for weather or other unexpected closures are excluded).

5. BACKGROUNDThe Department of Labor & Industries is responsible for management of the Logger Safety Initiative program. The program focuses on ways to promote occupational safety, reduce the frequency and severity of workplace injuries and fatalities, increase proper reporting and explore options for reducing costs, in an effort to create a culture of safety that is pervasive throughout the logging industry in Washington State.

The Washington State Logger Safety Initiative (LSI) and the Washington LSI Taskforce were started in March 2013 and the program began accepting applications for program enrollment in December 2013. The LSI Taskforce is comprised of L&I, the Washington Contract Logger Association, the Washington Forest Protection Association, and the Washington State Department of Natural Resources. The goals of the initiative program are to:

Promote a “safety first” culture for all logging industry employers and workers. Reduce the frequency and severity of injuries, and prevent deaths. Increase proper reporting of worker hours. Explore options to reduce workers compensation costs in the industry

File Name: document.docx Page 4 of 25 Printed: 5/6/23

L&I RFP Number K3536Qualifying logging industry employers that participate in the LSI program, as LSI Enrollees, who meet the requirements of the LSI program are eligible for discounts on their worker’s compensation premiums and will achieve program certification. LSI Enrollees who meet the Tier 1 requirements receive a 5% discount, Tier 2 employers who pass an L&I DOSH Consultation and a technical premium audit receive a 10% discount, LSI Enrollees receive an additional 10% discount when they pass the independent third party work site safety audit and achieve LSI certification, resulting in a Tier 3 discount of 10%. By achieving program certification Enrollees receive a 20% discount on their premium.

The vendor selected for this contract will play a key role in determining whether or not an LSI program Enrollee, receives their program certification and workers compensation discount. The vendor will verify all independent third party Tier 3 audit requirements and report their findings to the LSI Program Specialist. For more LSI program background please visit our website at– www.loggersafety.org

6. OBJECTIVEThe department intends to obtain the services of a vendor to administer the safety audit as part of the certification of Washington State logging work sites, for adherence to Logger Safety Initiative (LSI) requirements.

7. QUALIFICATION REQUIREMENTSThe Bidder must have the qualifications and/or experience to meet the requirements identified in the Scope of Work.

8. PERIOD OF PERFORMANCEThe period of performance of any contract resulting from this solicitation is tentatively scheduled to begin on or about July 1, 2016, and end on or about July 1, 2018, with possible amendments extending the contract.

L&I reserves the right at its discretion, to extend the contract for a total of 6 years, possibly more.

9. FUNDINGL&I anticipates that it will spend a maximum of $500,000 during the initial term of this contract.

L&I offers no guarantee of volume or usage. In the event additional funds become available, any contract awarded may be renegotiated to provide for additional services. Any variance shall be justified to L&I's Contract Manager who shall have discretion to approve/disapprove compensation for such variance

L&I shall NOT be responsible for any additional costs or expenses incurred by the Contractor in the performance of work described in the Scope of Work, which include but are not limited to travel, lodging, meals, and other miscellaneous expenses otherwise incurred by the Contractor.

10. CONFLICT OF INTEREST- BIDDER/CONTRACTOR’S STAFFL&I reserves the right to approve all staff assigned to perform services under this contract. The Contractor shall notify LSI Program Specialist and obtain L&I’s approval prior to assigning staff and/or sub-contractor’s staff to perform services.

11. POSSIBILITY FOR MULTIPLE CONTRACT AWARDS L&I intends to select one contractor to provide the required services , however, we may select more than one contractor and issue multiple contracts based on responses to this RFP. Contracts may be awarded for portions of the services required, if L&I determines a need to split up services.L&I will select a contractor(s) whose response(s) best meets all, or a portion of, the requirements.

File Name: document.docx Page 5 of 25 Printed: 5/6/23

L&I RFP Number K3536

SCOPE OF WORK

SCOPE OF WORK THE CONTRACTOR WILL PERFORMThe contractor will be responsible for providing an independent third party work site safety audit of LSI Enrollee’s operations for their initial program certification. If the Enrollee did not pass the initial audit, the contractor will be responsible for working with the Enrollee to create a corrective action plan and timely re-audit scheduling. The contractor will also be responsible for conducting a re-audit of the LSI certified Enrollees in year three of their LSI participation to verify adherence to the LSI requirements. Audits must contain all of the necessary components to certify the LSI Enrollee has met all program requirements. Audit reports and other supporting documentation must be completed timely and accurately so Enrollees can achieve program certification or re-certification within designated timeframes. The contractor may also be requested to assist in the development of written training documents for the LSI program.

Work assignments for this contract will fluctuate as brand new Enrollees move through the certification process of the program. New Enrollee assignments could range from 1 to 5 work assignments a month. Work assignments may increase as current Enrollees reach their year 3 recertification eligibility in 2016 and 2017. Year three recertification assignments could range from 5 to 20 or more work assignments each month.

Potential & current program Enrollees:As of January 2016, there are 894 L&I workers compensation accounts assigned in the manual logging risk class of 5001 (this is the risk class code L&I assigns companies reporting workers compensation hours worked in manual logging). In calendar year 2015, 303 of the 894 accounts actively reported workers compensation hours in the 5001 risk class. The LSI program currently has over 125 companies participating in the program and anticipates more enrolling over the contract period. It’s estimated that 125 companies will need work site safety audits to re-certify before the end of 2018 (these numbers are subject to change as enrollment numbers change).

Required Services:

1. The Contractor will be required to provide the services defined in the Bidder’s Questionnaire, Question #10.

2. The Contractor will also be required to meet the following requirements throughout the life of the contract:

2.1. Records are kept confidential.

2.2. If using sub-contractors to conduct independent third party work site safety audit visits, they must meet the minimum requirements established by the LSI Taskforce.

2.3. All field auditors, staff who will be on a work site, staff who manage the contract, and staff hired after contract implementation, must meet L&I and/or LSI training requirements prior to the execution of work site safety audits.

2.4. The contractor or any proposed sub-contractor must be impartial and professional in conducting the work site safety audits to ensure that the report(s) and/or recommendation(s) are accurate, credible, and unbiased.

2.5. The contractor, their staff and sub-contractors conducting the safety work site audits will not provide advice, interpretation, or give instruction on WACs, RCWs, or L&I policies. Any question or issue regarding L&I law, code, or policy will be referred to the LSI Program Specialist or the appropriate L&I employee.

File Name: document.docx Page 6 of 25 Printed: 5/6/23

L&I RFP Number K35362.6. The contractor will create and implement a conflict of interest program that educates tracks and

manages conflict of interest or perceived conflict of interest for staff and sub-contractors.

2.7. Contractor will maintain regular communication with LSI Program Specialist regarding contract, audit and Enrollee status.

File Name: document.docx Page 7 of 25 Printed: 5/6/23

L&I RFP Number K3536

SOLICITATION PROCESS

12. RFP COORDINATORThe RFP Coordinator (Coordinator) is the sole point of contact in L&I for this solicitation. Communications directed to parties other than the RFP Coordinator may result in disqualification of the Bidder. The Coordinator can be reached as follows:

Beth Craig-Covert, RFP CoordinatorDepartment of Labor & IndustriesPO Box 4608Olympia, WA 98504-4608Phone: 360-902-5607Email: k3536@lni.wa.gov

13. QUESTION AND ANSWER PERIODSpecific questions and/or suggestions concerning the solicitation shall be submitted during the question and answer period. Bidders may email questions and/or suggestions to the RFP Coordinator. Questions will be accepted until the date set forth in the RFP Schedule. Early submission of questions is encouraged.

The answer to any question which is given orally is to be considered tentative . Questions will be researched and the official answer posted on WEBS within a few days after the conclusion of the Question and Answer period, see RFP Schedule. This will assure accurate, consistent responses to all Bidders. Only the written responses will be considered official.

14. BIDDERS’ CONFERENCEA pre-proposal conference for Bidders (Bidders’ Conference) will be held in the Department of Labor & Industries central office building in Tumwater on the date and time outlined in the Schedule.

Questions arising prior to and at the Bidders’ Conference will be documented and answered in written form. L&I shall be bound only to its written answers to questions. A copy of questions and answers will be posted on WEBS.

Directions :Arriving from north of Tumwater: Take I-5 South to Exit 101, the Tumwater Blvd Exit. Turn left off the off-ramp onto Tumwater Blvd, and go over the freeway. At the next light, turn left onto Linderson Way. L&I’s central office building is on the left side of the street. Guest parking is in front of the building.

Arriving from South of Tumwater: Take I-5 North to Exit 101, the Tumwater Blvd Exit. Turn right off the off-ramp onto Tumwater Blvd. At the next light, turn left onto Linderson Way. L&I’s central office building is on the left side of the street. Guest parking is in front of the building.

Parking :Please park in the visitor parking lot and come in through the main entrance to the glass rotunda. Staff at the reception desk will give you a visitor's pass and can direct you to the meeting room.

15. COMPLAINT PROCESS (PRE-BID DUE DATE)According to the Schedule on the cover page of this solicitation, vendors may submit a complaint, to the RFP Coordinator if s/he believes: 1) the solicitation unnecessarily restricts competition; 2) the solicitation evaluation or scoring process is unfair or flawed; or, 3) the solicitation requirements are inadequate or insufficient to prepare a response (bid). Complaints must be submitted in writing, clearly articulate the basis

File Name: document.docx Page 8 of 25 Printed: 5/6/23

L&I RFP Number K3536for the complaint, and must include a proposed remedy. Text of a complaint is limited to one 8-1/2” X 11” single sided page in 10 point font or larger.

L&I will address valid complaints. Any changes to the solicitation as a result of a complaint will be documented as outlined in RFP Modification; otherwise, all other responses to complaints will be posted separately in WEBS. The department’s solicitation may continue. The complaint may not be raised again during the protest period. No further administrative remedy or appeal is available.

16. RFP MODIFICATIONL&I reserves the right to change the Schedule or issue amendments to the solicitation at any time. L&I also reserves the right to cancel or reissue the solicitation in whole or in part, and for any reason, at the sole discretion of L&I at any time prior to execution of a contract.

In the event it becomes necessary to revise any part of the solicitation/RFP, addenda will be posted on WEBS and Bidders are responsible for checking WEBS for any addenda or changes to the RFP.

17. SUBMISSION OF BIDAll proposals must arrive via attachment to an email , forwarded to the RFP Coordinator by 11:59 p.m. local time on the bid due date in the RFP Schedule. Bidders must identify their proposal submission email by entering “PROPOSAL to RFP #K3536” in the Subject line. Proposal attachments must be in Microsoft Word, Project or Excel software, which is preferred.

Late proposals shall not be accepted and shall automatically be disqualified from further consideration. Delivery shall be at the Bidder’s sole risk to assure delivery to the designated time and place. L&I does not take responsibility for any problems in the email.

18. FAILURE TO COMPLYThe Bidder is specifically notified that failure to comply with any part of the solicitation may result in rejection of the bid as non-responsive. Rejected, non-responsive bids will not be scored. Failure to respond to any portions of the Bidder’s Questionnaire may result in rejection of the bid as non-responsive and the bid will not be scored.

Many sections of the solicitation use the word "should" or "may". The use of the words "should" or "may" are permissive, not mandatory, and are not intended to legally bind either party.

19. ERRORSL&I will not be liable for any errors in bids. L&I reserves the right at its sole discretion, to make corrections or amendments due to minor administrative irregularities contained in any bid.

20. SINGLE RESPONSEA single bid (e.g., receipt of a bid from only one Bidder) to the solicitation may be deemed a failure of competition and, at the sole option of L&I, the solicitation may be canceled. Likewise, receipt of only one bid may allow L&I to award a contract to that Bidder.

21. MOST FAVORABLE TERMSL&I reserves the right to make an award without further discussion of the bid submitted; there will be no best and final offer procedure. [NOTE: An exception is that the RFP Coordinator may contact the Bidder for clarification of a portion of the bid.] Therefore, the bid should be initially submitted on the most favorable terms the Bidder can offer.

File Name: document.docx Page 9 of 25 Printed: 5/6/23

L&I RFP Number K3536This RFP may become part of the Contract resulting from this solicitation. Contract negotiation may provide for the incorporation of some or all parts of the bid. It is understood that the bid will become a part of the official file on this matter without obligation to L&I.

22. EVALUATIONThe evaluators will consider how well the response meets the needs of L&I, as described in the bidder’s responses to questions in the Bidder's Questionnaire. It is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the response.

EVALUATION TEAMSThe evaluation procedures will be performed under the direction of the RFP Coordinator, LSI Taskforce members and other state staff designated solely by L&I who will determine which bid is most responsive to the requirements stated in this solicitation. Bidders will not have personal contact with the evaluators, with the exception of oral interviews.

EVALUATION PROCESSL&I and participating members of the LSI Taskforce will conduct the evaluation in two tiers.

1 st Tier :In the first tier, L&I and participating LSI Taskforce members will evaluate written responses to questions in the Bidder's Questionnaire, including costs, and conduct reference checks of the top-ranked bidders to determine which bidders should be moved forward into the second tier. These “finalists” will enter the second tier on an equal footing.

2 nd Tier: Finalists will be offered the opportunity to participate in an Oral Interview that will include:

1. A presentation of no more than 30 minutes in length that demonstrates the bidders’ relevant expertise and project experience.

2. Responding to questions from L&I and participating LSI taskforce members, designed to develop a clearer picture of how the bidder will implement a successful third party Work Site Safety Audit program. Questions may refer back to the bidders’ written responses and to their presentation.

L&I reserves the right to request additional information for evaluation and, if necessary, include additional tiers of evaluation at any point during the process.

EVALUATION PROCEDURESThe evaluators will consider how well the response meets the needs of L&I as described in the Bidder’s responses to questions in the Bidder's Questionnaire. It is important that the responses be clear and complete so that the evaluators can adequately understand all aspects of the response.

REFERENCE CHECKS AND PAST PERFORMANCEL&I reserves the right to contact references not supplied by the Bidder and use the information obtained for scoring. References may include, but are not limited to, other governmental organizations and internal L&I programs.

L&I shall consider the bidders past performance providing goods and services to L&I and other governmental agencies.

File Name: document.docx Page 10 of 25 Printed: 5/6/23

L&I RFP Number K353623. FINAL SELECTION

L&I reserves the right, at its sole discretion, to reject any or all responses without penalty and not to issue a contract as a result of this solicitation.

L&I reserves the right to refrain from contracting with any Bidder. The issuance of this solicitation does not compel L&I to purchase. The final selection, if any, will be that response which, in the opinion of L&I, best meets the requirements set forth in this solicitation and is in the best interest of L&I and the state of Washington.

L&I RESERVES THE RIGHT NOT TO BE LIMITED TO THE LOWEST COST BID

SELECTION OF APPARENT SUCCESSFUL BIDDERThe evaluation process is designed to award the contract to the Bidder with the best combination of experience and attributes. Selection will be based on the evaluation of the Bidder’s responses to the questions in the Bidder's Questionnaire, references, and responses and presentation during the oral interview and follow-up questions, if necessary.

24. DEBRIEFING OF UNSUCCESSFUL BIDDERSUnsuccessful Bidders will be afforded a debriefing conference. The request for a debriefing conference must be received by L&I’s RFP Coordinator within three (3) working days after the Bidder Notice of Award is emailed by WEBS. Discussion will be limited to a critique of the requesting Bidder's response. Comparisons between bids or evaluations of the other Bidder's responses will not be allowed. The debriefing conference must be held within five (5) working days after the Bidder Notice of Award is emailed by WEBS.

25. AUTHORITY TO BIND THE DEPARTMENT OF LABOR AND INDUSTRIESThe Director of the Department of Labor and Industries or his designees are the only individuals who may legally commit L&I to the expenditures of funds for a contract resulting from this solicitation. No cost chargeable to the proposed contract may be incurred before receipt of either a fully executed contract or specific, written authorization from the Director.

26. PROTEST PROCESS (POST BID DUE DATE)Who may protest . A party may utilize these protest procedures if it (1) has submitted a bid, that is, the protester must have submitted a bid, and (2) has requested a debriefing conference within the required time period, and (3) received a debriefing conference.

Limitations . Bidders protesting the award (selection of the Apparent Successful Bidder) must follow the procedures described below. The Bidder should include in its protest all issues it wishes to raise because a Bidder is limited to only one protest. Issues not raised in the initial protest shall not be considered. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Bidders under this procurement. Chapter 34.05 RCW, Administrative Procedures Act (APA) does not apply to this procurement.

Protest Review. Upon receipt of a protest, a protest review will be held by the Contracts Office to review the procurement process utilized. This is not a review of bids submitted or the evaluation scores received. The review is to ensure agency policy and procedures were followed, all requirements were met and all Bidders were treated equally and fairly. See Allowable and Disallowed Issues below.

File Name: document.docx Page 11 of 25 Printed: 5/6/23

L&I RFP Number K3536If a protest may affect the interest of any Bidder, such Bidder/s may be given an opportunity to submit its view and any relevant information on the protest to the Contracts Office.

The Contracts Office will consider the record and all facts available and issue a decision within ten (10) working days of receipt of the protest unless additional time is required, in which case the protesting party will be notified by the Contracts Office of the delay. The decision of the Contracts Office will be final and conclusive.

Allowable Issues. Only protests setting out an issue of fact concerning the following subjects shall be considered:a) a matter of bias, discrimination, or conflict of interest on the part of an evaluator,b) errors in computing the scores, orc) non-compliance with procedures described in the procurement document or agency protest process or

DES requirements.

Disallowed Issues. Protests not based on procedural matters will not be considered.Protests will be rejected as without merit if they attack such issues as:a) evaluator's professional judgment on the quality of a proposal, orb) L&I's assessments of its own needs or requirements.

PROTEST - PROCEDURE AND FORMATWritten Document. All protests must be in writing and signed by the protesting party or an authorized agent and submitted as set out in Protest - Deadline For Receipt by L&I, below. Telegrams, FAXed documents, or similar transmittals will not be considered.

Statement of Facts . The protest must state all facts and arguments about an allowable issue reasonably known by the protesting party at the time of the protest on which the protesting party is relying.

Required Format . The protest must be set out in the following format:1. IDENTITY OF THE PROTESTER. Name, address, phone number, FAX number, contact person.2. IDENTITY OF SOLICITATION. Title of solicitation, date, and solicitation Coordinator.3. ISSUE PROTESTED. State which of the allowable issues is being protested.4. SPECIFIC FACTS AND CIRCUMSTANCES. Describe, with specificity and in chronological order, the exact

facts and circumstances leading to the belief that a protestable issue occurred. Such statement must include, but is not limited to the following:a) Dates of documents, actions, etc.; andb) Names and titles of all involved parties; andc) Statements, activities, etc. of each involved party.

5. RESOLUTION REQUESTED. State the requested resolution of the protest.6. ATTACHMENTS. List and include copies of all documents referenced in the protest. However, you do not

need to send a copy of your bid or this solicitation document.

Submit To. All protests shall be addressed as follows:

Contracts OfficePROTESTDepartment of Labor & IndustriesPO Box 44831Olympia, WA 98504-4831

File Name: document.docx Page 12 of 25 Printed: 5/6/23

L&I RFP Number K3536

After announcing the Apparent Successful Bidder, L&I may offer a contract to the apparent successful Bidder. In the event of a timely protest, the Department may proceed further with the procurement but shall not execute the contract unless the protest is decided or until the head of the Department or a designee makes a written determination that the award of the contract without delay is necessary to protect substantial interests of the Department.

PROTEST - DEADLINE FOR RECEIPT BY L&IThe written protest must be received by the Contracts Office no later than 5:00 p.m. local time in Olympia, Washington, five (5) working days following the scheduled debriefing conference with the unsuccessful Bidder.

File Name: document.docx Page 13 of 25 Printed: 5/6/23

L&I RFP Number K3536

PREPARING AND SUBMITTING A BID

27. COMPLETING THE BIDDER’S QUESTIONNAIREYou must respond to the solicitation requirements by completing and returning a response to the Bidder’s Questionnaire.

WHEN PREPARING YOUR RESPONSE to requirements and/or questions: restate the number and requirement and/or question; and write the response immediately next to the restated requirement and/or question. Bidder Identification: The Bidder’s name must be entered at the bottom (footer) of each page of the

bid.

Do not respond by referencing material presented elsewhere. The response provided immediately after the restatement of the requirement shall be considered complete and stands on its own merits. A response of "will comply" or "see above" or similar statement shall receive zero (0) points for scoring purposes. Failure to respond to any portions of the Bidder’s Questionnaire may result in rejection of the bid as non-responsive and the bid will not be scored.

28. ACCEPTANCE OF SOLICITATION AND SAMPLE CONTRACT CONTENTYou must confirm acceptance of the solicitation and Sample Contract content including terms and conditions or request exceptions, see Certification & Assurances. Bidders must provide their exceptions with their bid (by the Bid Due Date).

The apparent successful Bidder will be expected to enter into a contract with L&I that is substantially the same as the Sample Contract, which is part of this solicitation. A copy of the Sample Contract is available for download from WEBS. The link is located next to the link for this solicitation.

In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation. The Bidder may submit suggested exceptions as allowed in Certifications & Assurances. L&I is not required to make the requested changes and may reject the Bidder’s proposal as non-responsive.

29. PROPRIETARY INFORMATION & PUBLIC DISCLOSUREAny information contained in the bid that the Bidder desires to claim as proprietary and exempt from disclosure under the provisions of RCW 42.56, must be clearly designated. The Bidder must cite the statute and briefly explain how it applies to the proprietary information supplied in the bid. The page and the particular exception/s from disclosure upon which the Bidder is making the claim must be identified. Each page claimed to be exempt from disclosure must be clearly identified by the word "confidential" printed on the lower right hand corner of the page . Marking the entire bid as confidential will be neither accepted nor honored and may result in disclosure of the entire bid. The Bidder must be reasonable in designating information as confidential. Bids shall be deemed public records as defined in RCW 42.56 and RCW 39.26. Confidentiality is available only to the limited extent allowed in state law. L&I can choose to disclose despite information being marked as confidential.

30. COST OF PREPARING BIDSL&I is not liable for any costs incurred by Bidders in the preparation and presentation of bids submitted in response to this solicitation.

File Name: document.docx Page 14 of 25 Printed: 5/6/23

L&I RFP Number K3536

BIDDER’S QUESTIONNAIREQUALIFICATIONS, EXPERIENCE, COST RESPONSE

IDENTIFYING INFORMATION

1. Firm.

Firm’s Name

Address City State Zip

Phone FAX (if any) Email Address

Washington State UBI # Federal Tax ID #

2. Primary contact person. If different from above - provide name, address, phone, fax, Email address.

Name

Address City State Zip

Phone FAX (if any) Email Address

3. Principal Officer/s. List more than 2, as appropriate.

Name

Address City State Zip

Phone FAX (if any) Email Address

Name

Address City State Zip

Phone FAX (if any) Email Address

Name

Address City State Zip

Phone FAX (if any) Email Address

4. Legal Status of the Bidder:

Corporation Partnership Sole proprietor

Other

5. Employee location. Do you have employees in Washington State?

Yes No

Bidder’s Name File Name: document.docx Page 15 of 25 Printed: 5/6/23

L&I RFP Number K35366. Contract Termination for Default.

Have you had a contract terminated for default in the last five years? Termination for default is defined as notice to stop performance which was delivered to the bidder due to the bidder's non-performance or poor performance and the issue of performance was either not litigated due to inaction on the part of the bidder; or litigated and determined that the bidder was in default.

Yes No

If you had a contract terminated for default in this period submit full details, including the other party's name, address, and the phone number. Present your position on the matter. L&I will evaluate the facts and may, at its sole discretion, reject the bid on the grounds of its past experience.

7. Financial Viability/Stability: The bidder must disclose any and all judgments, pending or expected litigation, or other real or potential financial reversals which might materially affect the viability or stability of the proposing organization; or warrant that no such condition is known to exist . This information is needed only from the subsidiary or division if there is a parent company.

Bidder’s Name File Name: document.docx Page 16 of 25 Printed: 5/6/23

L&I RFP Number K3536THE FOLLOWING QUESTIONS ARE SPECIFIC TO THIS RFP

8. Partnering with other companies to perform services and subcontractingThe structure of the partnership and the experience of the companies involved will be taken into consideration as part of the evaluation of proposals. Regardless of structure, L&I will only accept a proposal and execute a contract with a one company (bidder). The contract will be executed with that bidder only and that bidder (the Contractor) will be responsible for adherence to all of the terms and conditions and the performance services under this contract.

If the bidder is partnership and a newly formed company L&I’s evaluation will be based on the skills and experience of the partners and the level of responsibility each shall have in providing the required services.

a) If partnering, describe in detail your partnership, the structure of your relationship(s) and identify all services that will be performed by partners and their experience.

b) If subcontracting, identify all services that will be performed by subcontractors and their experience.

9. Conflict Of Interest Information9.1. Any bidder who has been a state employee or state officer must comply with RCW 42.52.080,

Employment after Public Service.

9.1.1. As of the date of this Response: Are you or do you employ or have as a principal officer or member of your governing board, a current employee of the State of Washington?

Yes No

9.1.2. Are you or do you employ or have as a principal officer or member of your governing board, a person who is a former employee of the State of Washington but worked for the state as an employee within the last two (2) years?

Yes No

If you answered yes to either of the questions above it is possible that under chapter 42.52 RCW that person(s) may not be assigned to work on the contract awarded as a result of this solicitation. You can contact the RFP Coordinator for more information.

Complete the following for each employee:

Employee’s name Employee’s title

State Agency’s name Date left state employment

Agency contact person Contact’s phone

Employee’s name Employee’s title

State Agency’s name Date left state employment

Agency contact person Contact’s phone

Bidder’s Name File Name: document.docx Page 17 of 25 Printed: 5/6/23

L&I RFP Number K35369.2. Explain any conflicts of interest that you anticipate while administering the third party Work Site Safety

Audit program and how you would mitigate those conflicts.

10. Required Services:The bidder will be required to ensure that the following duties are conducted:

10.1. Field-based activities will include, but are not limited to:

10.1.1. Travel within the state of Washington, and on occasion Oregon, to LSI Enrollee logging worksites, as necessary.

10.1.2. Ensure that the third party work site safety auditor wears LSI required personal protective equipment (PPE) and are trained and experienced at working safely in hazardous work sites.

10.1.3. Contact Enrollee’s work site landowner to obtain permission to work on their property prior to audit date.

10.1.4. Interview LSI Enrollee employees to confirm that they have received appropriate training and understand LSI requirements.

10.1.5. Conduct independent third party work site safety audits, of LSI Enrollees to verify compliance with LSI program requirements.

10.1.6. Use the LSI Third Party Work Site Safety Audit Forms to evaluate if employees follow safe work practices as outlined in the training curriculum and determine if the employer’s accident prevention program is effective in practice.

10.1.7. Determine during the safety audit if Enrollee is in compliance with LSI requirements.

10.1.8. Complete all appropriate LSI Third Party Work Site Safety audit forms applicable to the worksite, as provided by L&I.

10.1.9. Conduct a valid third party Work Site Safety audit of the work site. Ensure the audit is complete and information is forwarded to LSI Program Specialist including supporting evidence such as photographs, field notes and correspondence.

10.1.10. Recommend and/or create a corrective action plan if LSI requirements are not met; working with the LSI Enrollee to ensure those LSI requirements are met in a timely manner. Use professional communication skills to encourage an LSI Enrollee to correct a non-compliance issue.

10.1.11. If the Enrollee did not pass the initial audit the contractor will be responsible for working with the Enrollee to create a corrective action plan and timely re-audit scheduling.

10.1.12. Conduct third party worksite safety re-certifications of current Tier 3 Enrollees within year three of their LSI participation.

Bidder’s Name File Name: document.docx Page 18 of 25 Printed: 5/6/23

L&I RFP Number K353610.2. Non-field based duties will include, but are not limited to:

10.2.1. Field visit reports that include clear detailed findings, including calculating accurate scores using the Third Party Work Site Safety Audit form, document corrective actions plans, and provide useful recommendations. The contractor will provide the LSI Program Specialist a copy of all reports, including supporting documents such as field notes, photo evidence and any other evidence upon completion of each audit. The contractor will send the LSI Enrollee a letter documenting the status of their audit and a suggested corrective action plan, if applicable.

10.2.2. Provide testimony about safety audit findings, if required.

10.2.3. Provide recommendations and/or develop corrective action plans that will help bring the LSI Enrollees into compliance with LSI requirements.

10.2.4. Corrective action plans will be documented and sent to the Enrollee within 5 days of onsite audit visit. Monitor timelines for Enrollee completion of corrective action plan and keep the LSI Program Specialist apprised on Enrollee progress.

10.2.5. Respond quickly to customer questions and effectively and successfully manage their issues and concerns. Customers could include L&I, LSI, LSI Enrollees, and the LSI Taskforce

10.2.6. Schedule timely third party Work Site Safety audits in coordination with the LSI Program Specialist.

10.2.7. Accurately track and monitor overall audit program schedule. Track the Enrollee responses to scheduling requests and refer them back to LSI Program Specialist as necessary.

10.2.8. Respond to the department by providing detailed information to data requests within 5 working days of request.

10.2.9. Retain records of all LSI contract related duties throughout the life of the contract.

10.2.10. Upon request from LSI Program Specialist attend and/or present at meetings or industry events.

10.2.11. Provide contract status updates to LSI Program Specialist every two weeks reporting on all contract activities including but not limited to audit scheduling, completed and outstanding audits.

10.2.12. Complete work site reviews, on location, within 10 working days of assignment from LSI Program Specialist.

10.2.13. Submit all audit reports to LSI Program Specialist and supporting documentation proving a company has passed or failed within 5 working days of audit final completion.

10.2.14. Submit to LSI Program Specialist all audit billings within 30 days after final audit completion.

10.2.15. Periodically, upon request, provide audit data or technical expertise in the development of LSI safety training documents or presentations.

10.2.16. Be available for other LSI related safety work as requested by LSI Program Specialist.

Bidder’s Name File Name: document.docx Page 19 of 25 Printed: 5/6/23

L&I RFP Number K353610.2.17. Upon request from LSI Program Specialist attend and/or present at meetings or industry events.

10.2.18. Provide contract status updates to LSI Program Specialist every two weeks reporting on all contract activities including but not limited to audit scheduling, completed and outstanding audits.

11. Minimum Qualifications of staff:L&I is looking for proven skills and minimum experience in the following areas. The bidder shall list, the specific staff person(s) who will be assigned to the contract and an affirmation, such as a detailed resume, addressing each area of required experience.

Bidder’s staff conducting third party Work Site Safety Audits must have the following:

11.1. Cutting operations knowledge with five years or more experience as a faller.

11.2. Cable logging operations knowledge with five years or more of experience serving in a lead role as hook tender or rigging slinger in cable logging operations.

11.3. Demonstrated ability to communicate clearly and professionally in a written report format.

11.4. Able to understand and explain to LSI Enrollees what their business must do to comply with LSI requirements.

11.5. Ability to work cooperatively with other safety professionals (i.e. Labor & Industries Safety & Health Specialists) and landowners.

11.6. Have the capacity to interface and engage with industry on specific safety concerns.

11.7. Hold and maintain a valid driver’s license.

11.8. Possess strong analytical, time management and organizational skills.

11.9. Self-management skills and ability to work with minimal direction and oversight.

11.10. Competency with Word, Excel, Email and the Internet.

11.11. Experience writing and/or presenting safety trainings.

12. Preferred Qualifications of staff:L&I is also looking for proven skills and preferred experience in the following areas. The bidder shall list, the specific staff person/s who will be assigned to the contract and an affirmation, such as a resume, addressing each area of required experience:

12.1. In addition to the minimum qualifications, explain how the staff assigned to provide services under this contract has, or intends to obtain, the preferred skills necessary to complete the third party Work Site Safety Audits, including:

12.1.1. Cutting operations knowledge with ten or more years of timber falling background.

Bidder’s Name File Name: document.docx Page 20 of 25 Printed: 5/6/23

L&I RFP Number K353612.1.2. Cable logging operations knowledge with ten or more years in a lead role as hook tender or

rigging slinger in cable logging operations.

12.1.3. Good working knowledge of WAC 296-54, Safety Standards for Logging Operations.

12.1.4. Experience working with diverse stakeholder groups.

12.1.5. Conflict resolution experience.

12.1.6. Experience conducting independent work site safety audits.

12.1.7. Quality assurance review methods or plans to ensure work site safety audits findings are fact-supported and verified by an independent auditor.

12.1.8. Methods and experience to identify and avoid conflicts of interest.

12.1.9. Experience communicating work site Safety audit results to a diverse audience including business, labor, government and other members of the industry.

12.1.10. Knowledge and experience researching and applying logging industry standards.

12.1.11. Experience determining effectiveness of safety management systems and written safety programs.

12.1.12. Knowledge of methods used to evaluate the effectiveness of safety programs or management systems.

12.1.13. Experience as an expert witness.

12.1.14. Expert experience writing and/or presenting safety trainings.

12.1.15. Expert competency with Word, Excel, email and the internet

13. Explain how your firm is committed to meet the following behavior expectations:13.1. Provide examples of initiatives or programs that you developed and implemented that clearly

demonstrate your passion for safety and creating a safety culture amongst employees.

13.2. Explain how you would establish trust and provide a basis for reliance on the Work Site Safety Auditor’s judgment.

13.3. Explain how you would ensure that Work Site Safety Auditors conduct themselves professionally, with trust, accuracy, fairness and responsibility.

13.4. Explain how you have formed judgments that remain free of influence by your own interests or those of others.

13.5. Explain how you will respect the value and ownership of information received during a Work Site Safety Audit and treat all information in a confidential and private manner.

13.6. Explain how will you apply knowledge, skills and experience consistently?

Bidder’s Name File Name: document.docx Page 21 of 25 Printed: 5/6/23

L&I RFP Number K353614. References / Firm's Contract Experience:

Provide information for up to 5 of your most recent projects or contracts, similar to this RFP. Include the names of team members who will also be involved in this project and client type, e.g. logging firm. At least three of the clients listed in the response to this question shall be contacted by L&I as bidder's references.

References / Firm's Contract Experience

Type of Project, Project Purpose

Start & End Dates

Project Cost Client Name & Type, Address, Contact, Phone

15. Contract CostsThis contract shall include a mix of Flat Fee and hourly rate costs. The Contractor will be required to provide a Flat Fee quote prior to performing a Work Site Safety Audit (Assignment). L&I will also pay an hourly rate for services requested outside the requirements of a specific audit.

15.1. Fixed Fee Sample Assignment Scenarios: The bidder must provide a flat fee quote for the following Sample Assignments and an itemize list with associated costs and a brief explanation at how the bidder calculated those costs for each of the (4) scenarios provided below.

The bidder’s response/quotes will be used during the term of the contract as a basis for establishing fair compensation for actual audit Assignments. If awarded a contract, the bidder’s sample flat fee quotes will used in determining compensation (pre) approval.

15.1.1. Scenario 1

You are requested to visit a logging employer with an owner and 16 employees, two average size towers and no cutters on staff. Both of the towers are currently working in two locations 5 miles apart from each other.

It would take a total of 550 miles to complete this audit round trip.

It would take 40 hours to complete this audit Assignment, from start to finish (from first contact with the Enrollee to final report and bill submission to LSI Program Specialist).

Please identify how much you would charge for this audit. Fixed Fee: Itemization of costs to perform the Assignment:

15.1.2. Scenario 2

Bidder’s Name File Name: document.docx Page 22 of 25 Printed: 5/6/23

L&I RFP Number K3536

You are requested to visit a logging employer with an owner and 5 employees, one yoder, and no cutters on staff.

It would take a total of 300 miles to complete this audit round trip.

It would take 35 hours to complete this audit Assignment, from start to finish (from first contact with the Enrollee to final report and bill submission to LSI Program Specialist).

Please identify how much you would charge for this audit. Fixed Fee: Itemization of costs to perform the Assignment:

15.1.3. Scenario 3

You are requested to visit a cutting company with and owner and 3 employees on staff, all are cutters.

It would take a total of 400 miles to complete this audit round trip.

It would take 30 hours to complete this audit Assignment, from start to finish (from first contact with the Enrollee to final report and bill submission to LSI Program Specialist).

Please identify how much you would charge for this audit Assignment. Fixed Fee: Itemization of costs to perform the Assignment:

15.1.4. Scenario 4

You are requested to visit a cutting company with one owner and 6 employees on staff, all are cutters.

It would take a total of 250 miles to complete this audit round trip.

It would take 30 hours to complete this audit Assignment from start to finish (from first contact with the Enrollee to final report and bill submission to LSI Program Specialist).

Fixed Fee: Itemization of costs to perform the Assignment:

15.2. Hourly Rate Quote15.2.1. Provide an Hourly Rate Quote which includes ALL costs for services requested outside the

requirements of a specific audit Assignment.

15.2.2. Provide an Hourly Rate Quote which includes ALL costs for unavoidable site visit cancelations. These would be cancellations that could not reasonably been predicted. Hours eligible for compensation shall include actual time traveling to/from site and a reasonable amount of time for waiting at the site and communications, if necessary.

Bidder’s Name File Name: document.docx Page 23 of 25 Printed: 5/6/23

L&I RFP Number K3536Note: Compensation for cancelled site visits will require L&I’s approval based on the circumstances of the cancellation.

Bidder’s Name File Name: document.docx Page 24 of 25 Printed: 5/6/23

L&I RFP Number K3536

16. CERTIFICATIONS & ASSURANCESI/we make the following certifications and assurances as a required element of the bid to which this is a part, 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 related contract/s.

I/we hereby authorize all references, employers (past and present), business and professional associates (past and present), and all governmental agencies and institutions (local, state, or federal) to release to L&I any information, files, or records required for the evaluation of this bid.

The attached bid is a firm offer for a period of 120 days following receipt, and it may be accepted by L&I without further negotiation (except where obviously required by a lack of certainty in key terms) at any time within the 120 day period. In the case of protest, the protester's bid remains valid until the protest is resolved.

I/we certify that the costs bid to perform this contract do not exceed those charged any other client for the same services performed by the same individuals. The prices and/or cost data were determined independently, without consultation or communication for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single bid.

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

In preparing this bid, 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 bid or prospective contract, and who was assisting in other than his or her official, public capacity. Neither does such person nor any member of his/her immediate family have any financial interest in the outcome of this bid.

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

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

I/we agree that submission of the attached bid constitutes acceptance of all of the solicitation contents, including but not limited to, procedures, evaluation criteria, requirements, administrative instructions, and other terms and conditions, including those within the Sample Contract . If there are any exceptions to these assurances that I/we would like L&I to consider, I/we have described those exceptions in detail on a separate page titled Exceptions to Assurances. I/we agree that providing detail to exceptions must conform as required and described below. L&I is not required to make the requested changes. L&I reserves the right, at any time during the evaluation/award process, to initiate negotiations and establish a deadline for reaching an agreement related to the exceptions submitted. If agreement cannot be reached, L&I may terminate negotiations and remove my organization from further consideration, including selecting an alternate apparent successful Bidder.Details to exceptions must include the following: Content of each requested change, including edits showing changes and deletions; Bidder’s specific need for which the change is meant to address and; Bidder’s reasoning and justification for each change, including the potential impact if not accepted . Bidders who attempt to submit exceptions after the bid Due Date may be rejected as non-responsive.

By submitting this bid via an email attachment, I the sender/Bidder certify that I am authorized to submit a proposal on behalf of this Firm and the information submitted is accurate and true to the best of my knowledge.

Bidder’s Name File Name: document.docx Page 25 of 25 Printed: 5/6/23