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CONTRACT SERVICES

Request for Proposal

(RFP) Manual

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REQUEST FOR PROPOSALS

A Com prehensive Guide

Contract ServicesEastern Washington University

211 TawankaCheney, WA 99004

Phone 509.359.6403 Fax 509.359.2266

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Table of Contents

1. Introduction..... 4

1.1 Definition..... 4

1.2 Competitive Requirements. 4

1.3 OFM Reporting Requirements. 7

2. Preparation. 8

2.1 Planning the RFP... 11

2.2 Components of an RFP... 11

3. Initiating the RFP Process... 14

4. RFP Evaluation Process... 15

4.1 Responsibilities and Duties of the Chairperson.... 15

4.2 Responsibilities and Duties of the Committee Member(s)... 18

5. Contract Award.. 215.1 Bidder Communication... 21

5.2 Negotiation...... 21

5.3 Bid Award.... 21

5.4 Draft Contract.... 22

5.5 File with OFM.... 22

5.6 Contract Signatures... 22

5.7 Execute Contract Amendments...... 22

5.8 Congratulations...... 23

Appendix A Declaration Conflict of Interest and Confidential Information... 24Appendix B Basic Components of a Contract. 25

Appendix C Overview of RFP Process.. 27

Appendix D Sample Evaluation Sheet... 28

Appendix E Sample Reference Check Questions..... 29

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Chapter

1Introduction

1.1 Definition

o you want to do an RFP...

identi

The RFP is a formal competitive solicitation process. It is used when there is anfied need or problem with no pre-defined specifications for a set of outcomes or

deliverables needed to meet the project objective(s). This allows the responding vendors(bidders) to describe solutions using their best resources to address the need or problem.

Use of the RFP is generally considered advantageous when:

Relative skills, expertise, or technical capability of the bidders will have to beevaluated;

Cost is secondary to the characteristics of the property or service sought;

Conditions of the service, property or delivery conditions are unable to be sufficientlydescribed in an Invitation to Quote;

Acquisition is for highly complex or technical property or services and evaluation ofthe bidder's approach, management capabilities, innovation, or other technical factorsare secondary to cost.

1.2 Competitive Requirements

The Request for Proposal is the preferred method for soliciting Professional and ConsultantServices (Personal Services). Personal Services contracts over $4,999 need to be competitiveprocured. (RCW 39.29)

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Major Steps in Competitive Processes for Personal Services OFM Policy 15.20

Summary ofCompetitiveProcess

Personal Services Competitive ProcurementMajor Activities

DollarThreshold

$ 5,000 -$19,999

InformalCompetition,which is alsocalledEvidence ofCompetition

Prepare written document including, at a minimum:description of services required, project schedule, request forconsultants qualifications, request for costs or fees and duedate for responses.Send to a minimum of three firms/individuals. May be faxedor e-mailed and responses may be faxed or emailed to agencyto expedite processing.Evaluate responses and make award decision.Negotiate contract.Document for file: names of firms solicited; copy of

solicitation document; copy of bids received; basis for awarddecision; copy of contract.Sign contract and begin work.

$20,000or more

FormalCompetition

Prepare formal solicitation document, e.g., Request forProposals (RFP). Include all requirements in order forproposers to understand what is needed and how responseswill evaluated.Post in GA WEBS or publish a legal notice in major dailynewspaper in Washington State to notify firms of upcomingsolicitation. Develop bidder list from firms responding tolegal notice, internal agency listings, etc.Develop score sheets.Issue RFP directly or through GA WEBS to a minimum of 6firms or may also just send a notification to 6 or morebusinesses that the solicitation document is posted on theirweb site and can be accessed there. (NOTE: Document in fileif fewer than 6 firms are contacted and state why.)Conduct pre-proposal conference, if required in RFP, andissue an addendum.Provide answers to bidders questions via an addendum to allwho receive the RFP. Or advise those who download the

RFP from the web site to check back for any addenda thatmay be posted.Date and time stamp proposals received by the due date.Electronic proposals will have the date and timeautomatically noted.

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1.21 Exception to Competitive Procurement Requirements

Personal service contracts that qualify as sole source contracts are exceptions to thecompetitive procurement requirements.

1.211 Advertising Sole Source Contracts (RCW 39.29.018)

Contracts in the amount of $20,000 or more that qualify as sole source need to beadvertised for a minimum of one day in either a statewide or regional newspaper.

Sole Source Advertisement

Shall include at a minimum: A description of the services contemplated for sole source award; The proposed period of performance for the services; Information on how an interested party may contact the agency; and The deadline for an interested party to make such contact.

Response to Sole Source AdvertisementIf a formal response to the sole source advertisement is received from afirm and it is determined the firm is also qualified to provide the service, competitivesolicitation, as set forth in Subsection 15.20.30.a, shall be conducted. If it can bedemonstrate that the proposed contractor is the only qualified and availablefirm to provide the service, even though another firm responded, the contract is to befiled with OFM as a sole source with a complete explanation as to how this conclusionwas reached. (See Section 1.3 for OFM Reporting Requirements)

Exemptions to Sole Source Advertisement Requirement

Exemptions from the requirement for advertising sole source contracts include: Contracts for services where selection of the contractor is based on an exceptionalpersonal accomplishment or characteristic, such as national experts on a specializedtopic or issue, authors of acclaimed books or articles, guest speakers, performers, andartists. This does not apply, however, to contracts for services such as training,facilitation, etc.

Contracts for services where the funding source mandates with whom we shallcontract and, therefore, do not have discretion in making the award decision.Examples include requirements set forth in statute (RCWs), budget provisos, federalgrant awards, etc.

Contracts for services that will be provided entirely outside of Washington, Oregonand/or Idaho and/or services provided outside of the United States.

Sole source contracts under $20,000.

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1.3 OFM Reporting Requirements.

PERSONAL SERVICE CONTRACT FILING & REPORTING for Higher Education

Personal Service Contracts/Amendments Fund Source Filew/OFM

Filing Period RptOFM

SOLE SOURCE Contracts and Amendments (singlyor cumulatively awarded to a contractor in a fiscalyear) (Contract must have $5,000 or more in statefunds to be filed; therefore contracts with less than$5,000 in state funds are not calculated cumulativelyfor filing purposes, but they are for reportingpurposes.) $5,000 - $19,999

State Funds $5,000 ormore

Non-State Funds or

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1.31 Questions for filing competitive agreements with OFM

The following information needs to be provided to submit a competitive solicitation to OFM.

Contractor Information

1. Tax Identification Number:2. Legal Name:3. Address:

Filing Justification

Specific Problem or Need

4. Identify and fully describe the specific problem, requirement or need which thecontract is intended to address and which makes the services necessary.

5. Describe how EWU determined the services are critical or essential to agency

responsibilities or operations and/or whether the services are mandated or authorizedby the Washington State Legislature.

Other Public Resources

6. Explain what effort has been taken to conclude that sufficient staffing or expertise isnot available WITHIN ALL OF EWU, NOT JUST WITHIN YOUR DIVISION, toperform the service.

7. Explain what effort has been taken to conclude that OTHER GOVERNMENTALRESOURCES (LOCAL, STATE OR FEDERAL AGENCIES) OUTSIDE OF EWU

are not available to perform the service more efficiently or more cost effectively.

Competitive Solicitation Process

Advertisement Information

8. Where and when was this advertised?

Solicitation Notification

9. Number of solicited documents?

Evaluation10.Explain the basis on which the contractor was selected. Do not simply list the

evaluation criteria or the scores, but rather explain your analysis of why the contractorscored well in the evaluation process or what differentiated this contractor fromothers.

11.Names of Firms Responding With Proposals.

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12.Describe the evaluation process (e.g., evaluation committees scored the responses,selection committee made the award decision, etc).

Reasonableness of Cost

13.How was it determined that costs are fair and reasonable, or within the competitiverange?

1.32 Questions for filing sole source agreements with OFM

The following information needs to be provided to submit a competitive solicitation to OFM.

Contractor Information

1. Tax Identification Number:2. Legal Name:3. Address:

Filing Justification

Specific Problem or Need

4. Identify and fully describe the specific problem, requirement or need which thecontract is intended to address and which makes the services necessary.

5. Describe how EWU determined the services are critical or essential to itsresponsibilities or operations and/or whether the services are mandated or authorizedby the Washington State Legislature.

Other Public Resources

6. Explain what effort has been taken to conclude that sufficient staffing or expertise isnot available WITHIN ALL OF EWU, NOT JUST WITHIN YOUR DIVISION, toperform the service.

7. Explain what effort has been taken to conclude that OTHER GOVERNMENTALRESOURCES (LOCAL, STATE OR FEDERAL AGENCIES) OUTSIDE OF EWUare not available to perform the service more efficiently or more cost effectively.

Sole Source Criteria

8. Provide a description of the unique qualifications, abilities or expertise of thecontractor to meet the EWUs needs and/or the unique nature of the services. Uniquequalifications or services would be those which are highly specialized or one-of-a-kind.Other factors which may be considered include past performance, cost-effectiveness(learning curve), and/or follow-up nature of the required services. Past performancealone does not provide adequate justification for a sole source contract.

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9. Special circumstances Provide description of any other circumstances such asconfidential investigations, copyright restrictions, etc.

10.Time Constraints If time constraint applicable, identify when the agency was onnotice of the need for the services, the entity that imposed the constraints, explain the

authority of that entity to impose them, and provide the timelines within which workmust be accomplished.

11.Geographic Limitation If the proposed contractor is the only source available in thegeographical area, state the basis for this conclusion and the rationale for limiting thesize of the geographical area selected.

Reasonableness of Cost

12.Since competition was not used as the means for procurement, explain how youconcluded that the costs, fees, or rates negotiated are fair and reasonable. Make a

comparison with comparable contracts, use the results of a market survey, or employsome other appropriate means calculated to make such a determination.

1.33 Required compliance with the following competitive and sole source contracts

Former state Employees

One-Year Restriction: A former state employee may not accept employment orcompensation from an employer within one year of leaving state employment if for twoyears prior to leaving the state, the employee negotiated one or more State Contracts withthe prospective employer; the value of the contract or contracts was more than $10,000;and, duties for the new employer include implementing or fulfilling contracts negotiated

or administered while a state employee.

Two-Year Restriction: A former state employee may not have a beneficial interest in acontract that was expressly authorized or funded by executive action in which theemployee participated. (A beneficial interest is the right to enjoy profit, benefit oradvantage from a contract.)

Continuing Restriction: A former state employee has a continuing post- employmentrestriction prohibiting him or her from assisting others in any transaction with the state ifhe or she participated in the transaction while a state employee.

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Preparation

Get Ready.

2.1 Planning the RFP

Chapter

2

The following is a list of items to think about when considering an RFP. Do your needs fit the requirements associated with utilization of an RFP?

See section 1.1 for applicability; or

Contact Contract Services to discuss

Do you have funding and other related resources, i.e. personnel?RFPs take time to prepare and review in cooperation with Contract Services.Along with writing specifications in preparing the RFP the proposal will also needto be evaluated.

Can you provide information for the components in section 2.2? Will this need to be filed with OFM? (see section 1.3) Do you need to advertise for this solicitation? (see section 1.2) Does your request need to be reviewed by the Information Technology Committee?

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2.2 Components of an RFP

Consider each of the following components.

2.21 Purpose and Background

A clear statement of the projects purpose, present system or process, and perceived need, aswell as any other background about the project, which may be appropriate.

2.22 Objectives and Scope of Work

Explains what the contract is intended to accomplish. Identify the major tasks and/or areas tobe addressed.

2.23 Minimum Qualifications

Include what is required to be able to qualify for a contract.

Examples of minimum qualifications include:

Licensed to do business in the State of Washington. ______ years experience _________________ Experience with _______________ Experience with _______________

2.24 Period of Performance

How long will the services take to be performed or how long will the services be needed? Estimatean approximate start date. Also consider whether you anticipate renewing the agreement after theinitial time period.

2.25 Oral Interview with the Finalists (Optional)

After evaluating the written proposals you may elect to schedule oral presentations of thefinalists. Should oral presentations become necessary, the top-scoring firm(s) from the writtenevaluation will be contacted to schedule a date, time and location. Commitments made by theConsultant at the oral interview, if any, are considered binding.

2.251 Scoring Options

The oral presentation can be used determine the apparent successful contractor. Or thescores from the written evaluation and the oral presentation combined together can beused to determine the apparent successful contractor.

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2.26 Pre-Proposal Conference (Optional)

A pre-proposal conference may be considered to further explain, clarify, or identify areas ofconcern in the RFP. A pre-proposal conference may be indicated as optional or mandatory.

Pre-bid conferences are an opportunity for dialogue between EWU and bidder Community. It

facilitates the timely exchange of information to enable the University and Bidders to clarifybidding requirements and specific program needs. Bidder servicing or equipment capabilities,application of industry requirements or standards may be clarified.

Pre bid Conferences are most appropriate when:

Specifications or customer requirements are highly technical or complex innature. Likelihood of bidders misunderstanding state needs is significant.

When the potential benefits derived from the conference outweigh theexpenditure of time, cost or resources involved.

When specifically requested by prospective bidders. When the award will be based upon multiple weighted factors. When subcontracting opportunities for MWBE firms are likely. When goods

or services have not previously been contracted for or where the vendorcommunity is unfamiliar with the states unique requirements.

2.27 Estimated Schedule of Procurement Activities

Activity: Date:

Issue Request for Proposals 1 Day

Question & answer period 7-10 Days

Pre-Proposal Conference (Optional) 1 Day

Issue last addendum to RFP 1 Day

Proposals due 1 Day

Evaluate proposals 5-10 Days

Conduct oral interviews with finalists, if required 3-7 Days

Announce Apparent Successful Contractor andsend notification via fax or e-mail to unsuccessfulproposers

1 Day

Hold debriefing conferences (if requested) 1 Day

Negotiate contract 5-10 Days

File contract with OFM (if required) 10 Days

Begin contract work 1 Day

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Init iating the RFP Process

Lets Go!

Chapter

3

To initiate the RFP Process the following materials need to be prepared and submitted

before an RFP may be issued.

1. Purchase Requisition for Services, with:a. Estimated cost for services, andb. Expenditure authorization.

2. Purchase Requisition for advertisements (if applicable).3. Assign appropriate people to an evaluation committee including a committee chairperson.4. Schedule time with Contract Services for review of the RFP process, if:

a. You are new to this process.b. You have not been through RFP training.c. You have questions and would like to schedule time with Contract Services to aid

in the RFP process.

5. Have answers prepared in electronic format in response to all of the components in section2.2.

6. Review and prepare the Declaration Conflict of Interest and Confidential form for all RFPevaluation committee members.

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The Evaluation Process

RFP Evaluation Committee Guidelines.

Evaluation of RFP responses is best accomplished in a team effort. The evaluationcommittee is comprised of the evaluation team and the evaluation team chairperson. Theevaluation team chairperson can be department management or other assigned responsibleindividual considered an expert as it relates to the services being requested. This personcoordinates the project through completion of the procurement process in conjunction withthe evaluation team.

4.1Responsibilities and duties of the Chairperson

Chapter

4

4.11 Select Evaluation Team

The evaluation team should be made up of individuals with varied talents and expertise toassure impartiality. Team members need to be aware of the possibility of an extended timecommitment before agreeing to be a participant.

Evaluators may include:

1) Employees of the Department2) Knowledgeable employees or consultants from other departments or organizations.

Generally, a representative of the Contract Services department monitors the process andprovides guidance to assure compliance and impartiality.

4.12 Conduct initial evaluation committee meeting to:

Distribute Proposals and a copy of the RFP to evaluators

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Ensure that each evaluator reads, understands and signs an "Evaluator Confidentiality andConflict of Interest Certification" statement prior to evaluation; gather signed statementsfrom evaluators. Send signed statements to Contract Services prior to evaluation.

Distribute score sheets to evaluators for each proposal received. Discuss evaluation methodology with evaluators to ensure that everyone is in agreement

as to the meaning of each criterion.

4.13 Schedule subsequent committee evaluationmeetings

Serve as facilitatorfor meetings. Coordinate evaluation committee review and discussion ofindividual scores to resolve any wide scoring variances that may occur.

4.14 Schedule oral presentations

If oral presentations have been scheduled as part of the RFP they may be scheduled afterconsultation with Contract Services. When oral presentations are to be considered as part ofthe evaluation, specific criteria and weighting of the presentation must be developed prior tothe issuing of the RFP and be listed as part of the evaluation criteria. Points awarded for oralpresentations are added to the proposal points in the same manner as listed above. Only thosefirms that are potentially acceptable are invited to participate in oral presentations. Thebidders original proposal cannot be changed in any aspect at the oral presentation. The oralpresentation is only to allow bidders to clarify portions of their proposal.

4.15 Manage References Checks

The purpose of contacting references is to verify the corporate capabilities and priorperformance of the bidder and the qualifications of proposed project personnel. Referencechecks are made by telephone. Staff designated to assist the Evaluation Team Chairperson

will contact the customer references identified by the bidder. The results of the referencechecks are compiled and provided to each evaluator to assist in scoring specific criteria. Allquestions must be relevant for all references. All questions must be asked to all references forall bidders and should be structured to assist the evaluators as they gather information fromeach reference and to support follow-up questioning on selected reference responses.

When references are to be contacted as part of the evaluation the following information isrequired:

List of questions for references. Instructions to be given to the reference including a numerical scale to be used in rating

the bidder.

Numerical value to be assigned by the evaluator. References should be contacted onlyonce. This may be by an appointed individual or by a conference call with all members ofthe evaluation team present. Evaluation score sheets are assigned points and added to theproposal points.

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Listed below is a set of sample questions that may be used when checking bidderreferences.

1. Confirm the information provided by the bidder regarding experience provided in the RFPby the bidder or referenced subcontractor.

2. Confirm the information provided by the bidder regarding prior experience in performingfunctions described in the RFP. Experience may be based on work performed by the bidderand subcontractors identified in the bid response.

3. How long has the bidder performed the functions described for your organization? Arethey still under an active contract?

4. Was the project or contract on time and under budget? Please explain.

5. Would you use this bidder again? Yes Noa. IfNo, why?b. IfYes, what would you do differently?

6. Who are some of the key people of the bidder assigned to your contract? What is or wastheir function?

7. One a scale of 1 to 10 (1 = lowest, 10 = highest), how would you rate the bidder?Rating: Please comment on the overall rating:

8. Do you know of other recent accounts that have used this bidder for similar functions?

9. Overall comments of committee member making call.

4.16 Coordinate evaluation of RFP

Create a compilation of evaluators final scores. Compile all evaluation-related documentation. Prepare evaluation summary and award recommendationand send to Contract Services along with:

Compilation of evaluators final scores,Individual score sheets from each evaluator,Price in which award is recommended and if applicable any other compiledevaluation-related documentation.

Conduct de-briefings with unsuccessful bidderswhen requested. The chairperson worksclosely with the State Purchasing agent in conducting de-briefings.

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Participate in contract negotiations and contract development.4.17 Ensure Security and Confidentiality

Throughout all phases of the evaluation, the confidentiality and security of proposals and thescoring process must be maintained. To ensure confidentiality and security, evaluation

sessions will be closed to the public and staff who are not supporting the Evaluation Team.

The evaluators shall not discuss the contents of submitted proposals or theprocurement activities with any persons outside of scheduled meetings of theevaluators. All evaluators and all other staff involved in the evaluation effort muststrictly adhere to the following requirements.

Communications between evaluators and the bidder organizations shall be restrictedfrom the date of RFP release through contract signing, except as necessary to completeevaluation activities. Evaluators are not permitted to discuss the procurement or

evaluation process with any other staff or potential or actual bidders. Discussions arelimited to prescribed time periods until selection of the successful bidder.

Evaluators shall not communicate the scoring outcomes or content of proposals andshall not disclose the status of any proposal.

Cost components shall be evaluated upon the completion of the scoring of thetechnical components.

4.2 Responsibilities and duties of the CommitteeMember(s)

Attend the pre-proposal conference if one is scheduled. Attend the initial meeting to receive proposals and discuss the evaluation process. Read and sign the Confidentiality and Conflict of Interest Form. Read each proposal, evaluate against the criteria and complete an evaluation form. Evaluators will proceed according to the following steps to evaluate responses to each

criterion:

1. Review the appropriate section of the RFP.

2. Locate the section(s) of the proposal where the criterion is addressed.

3. For each criterion, note the RFP sections referenced in this document.

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4. Review and evaluate section(s) of the proposal.

5. For each criterion, evaluate and score the criterion based on the bidders overall response tothe requirements indicated for the criterion. Some of the criteria have additional questionsthat may be considered in the evaluation.

6. Evaluate how well the bidders responses in the referenced sections correlate with otherpertinent sections of the RFP and the overall approach taken to address the technicalcomponents of the proposal.

7. Evaluate the criterion based on all information available that pertains to it directly orindirectly, including reference checks.

8. Assign a score to the criterion based on the evaluation of the bidders capability to meetthat criterion.

4.21 Sample Scoring

Each criterion has a raw score assigned to it. Scores are assigned from a range of 0 to 10, asdefined below:

0 Unacceptable: Zero (0) points are awarded to firms in any category in which they fail eitherto provide any information or provide information which cannot be understood.

3, 4 Marginal: 3 or 4 points are awarded to responses considered to be marginally acceptable.The bidder has not fully established the capability to perform the requirement and hasmarginally described its approach. For example: The proposal reiterated a requirement, butoffered no explanation of how or what was to be accomplished in the Technical Scope ofWork. The proposal offered an explanation of how or what was to be accomplished in theTechnical Scope of Work but may have contained inaccurate statements or references whichimpacted their approach but did not fully negate the technical approach.The proposal referred to the quality of their organization but the proposer did not supplyadequate descriptions of his/her past experience/personnel or provided resumes of people orcase histories of work experience that was not relevant.

6, 7, 8 Adequate to Good: Varying amounts of points are awarded if the technical proposalsatisfies the requirement(s) and describes specifically how and /or what is to be accomplished

in clear detail. For example:

10 Outstanding: 10 points are awarded if the proposal satisfies the requirements and describesspecifically how and what will be accomplished in a superior manner, both quantitatively andqualitatively for their technical approach and the quantity and quality of their previoussimilar jobs and the experience and training of their personnel. For example: The proposal

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provided an innovative, detailed, cost-saving approach or established by references andpresentation of material far superior capability in this area.

4.22 Comparative and Final Reviews

When all evaluators have finalized their individual scoring, a review session is held for the team of

evaluators to discuss findings. Any inconsistencies among sections or proposal material should bepointed out or become apparent during this review session. At the end of this review session,evaluators have the opportunity to adjust their scores. It is acceptable for scores to remainunchanged. Any revised scoring should be explained in the comments section. No attempt ismade to establish a consensus in the scoring. This review will be mediated by the Evaluation TeamChairperson.

After each evaluator is confident of the final raw score for each item in the evaluation package, thescoring sheets are submitted to the Evaluation Team Chairperson for the application of criteriaweights.

Note that 1, 2, 5 or 9 points are not used. The purpose is to create differences among the scoresawarded in order to separate the proposals and help create meaningful rankings.

4.23 Contract Award

The chairperson combines the scores and assigns a final ranking. The highest ranking, responsivebidder is recommended for contract award.

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Contract Award

SAAM 15.40

Chapter

5The following processed are initiated by the Contract Manager. The information listedbelow is to provide you with an idea of what takes place after the RFP evaluation.

5.1Bidder Communication

All communication with the bidders is done through the RFP Coordinator assigned inContract Services. The RFP coordinator is the only point of contact for bidders during asolicitation. The RFP Coordinator will:

1. Issue the RFP2. Submit Addendum(s)3. Distribute notification of bid winner

5.2Negotiation

After bids have been received and prior to award, the Contract Manager can conduct contractnegotiations once an apparent successful contractor has been appointed. It is important toexercise caution to insure that negotiations do not provide an unfair advantage over otherbidders to the lowest responsible bidder. Negotiations may not be held with a bidder that hasbeen determined to be non-responsive. The bid information of other bidders is confidential

until award and may not be revealed during negotiations.

5.3Bid Award

Upon award of a contract all bidders will be notified.

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5.4 Draft Contract

Upon determination of the apparent successful contractor the contract is drafted identifyingall terms of agreement between the contracting parties. The formal written contract is toaccurately document all terms and conditions and record the intent and agreement of theparties. The contract is the culmination of the entire procurement process and formalizes theagreement between the parties.5.5File with Office of Financial Management(if applicable)

RCW 39.29 Filing Options:

10-Day FilingCompetitively awarded 20K or more or sole source 20K or more and subject to OFMapproval. No contract so filed is effective nor shall work commence under it until the tenth

(10th

) working day following the date of filing, subject to OFM approval.

10-Day FilingSole source 5K - $19,999 and subject to OFM approval. No contract so filed is effective norshall work commence under it until the tenth (10 th) working day following the date of filing.

Effective Date of FilingCompetitively awarded 20K or more and subject to OFM review. The contract start date isthe working day that the contract is filed, date of execution, or any date thereafter.

5.6 Contract SignaturesThe Contract Manager will facilitate the process for obtaining signatures from both parties.The contract is executed when all authorized parties sign it. Upon execution, a signed copy ofthe contract is provided to the Contractor, Accounts Payable and the Selection CommitteeChairperson.

5.7Execute Contract Amendments

After the contract is finalized if changes need to be made to the contract an amendment may

be issued. Contract Services will provide guidance as to whether an amendment or a newcontract is appropriate.

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A Team Effort

5.8 CongratulationsThank you for taking the time to read through this manual. There are four appendicesthat follow this manual.

The first is the Declaration for Conflict of Interest and Confidential Information form.This form certifies the evaluators lack of conflict in the process and agreement tomaintain confidentiality during the evaluation phase.

The second document provides detailed information on the basic components of acontract. Following the award phase of the RFP a contract is issued for payment ofthe contractors services. An understanding of the basic components of a contract willhelp you put what is important to you in writing.

Appendix C is a quick overview of the RFP process. There are also additional lines inchart for you to make your own notes.

Appendix D is a form you may use for checking a bidders references. You are not

required to use Appendix D and Appendix B. They have been provided for yourconvenience.

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Append

D E C L A R A T I O NConflict of Interest and Confidential Information

This is to clarify that I have no interest with any person or in any firm, corporation or otherbusiness entity that competes for contracts with the Eastern Washington University or is a currentcontractor, nor have I participated, directly or indirectly, by committee or as a consultant, advisor,employee, officer, director, agent, trustee, or otherwise, in the development, implementation, oradministration of any competitive procurement process with any firm in which I have a interest.For purposes of this declaration, I understand interest to include any consideration or otherthing of economic value, including future consideration, as defined in RCW 42.52.

This is to also certify that I fully understand the confidential nature of the competitiveprocurement process and the obligation imposed by Washington law upon Eastern Washington

University to ensure a competitive process that not only operates in fair and equitable manner, butthat appears to be fair as well. I agree, therefore, to maintain the confidences necessary to preventunfair advantages to any bidder or contractor engaged in a competition for Eastern WashingtonUniversity or Eastern Washington University client dollars and to further abide by all rules andprohibitions issued by Eastern Washington University as they relate to conflict of interest andconfidentiality. I understand that threshold prohibitions include the discussion, evaluation,scoring, or status of any proposal(s), action(s) affecting any proposal(s), as well as the copyingand/or dissemination of any portion of any proposal, or of any information designated by EasternWashington University as confidential to any person, firm, corporation, or other business entity,at any time prior to, during or after the procurement process. I also understand that I may bedisqualified from individual or group participation as an Eastern Washington University advisor if

I conduct myself in any manner that would create even the appearance of bias or unfair advantagewith, or on behalf of any competitive procurement contractor, potential contractor, agent,subcontractor, or other business entity, whether through direct association with contractorrepresentatives, indirect associations, through recreational activities, or otherwise.

Reference # or description

Name: Agency:

Signed this day of Year .

Signature of Evaluator or Committee Advisor

24

Contract Services211 Tawanka HallCheney, WA 99004509.359.6403www.ewu.edu

http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=42.52http://www.leg.wa.gov/RCW/index.cfm?fuseaction=chapterdigest&chapter=42.52

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Append

Basic Components of a Contract

General Terms and Conditions

The General Terms and Conditions are contract terms established by law. These terms have

been determined by the Attorney General's Office to apply to most agency personal servicecontracts. The General Terms and Conditions are not to be changed without specific advanceapproval by the Attorney General's Office. They are generally attached as the first exhibit tothe contract.

Special Terms and Conditions

The Special Terms and Conditions are the terms governing a specific contract and include theelements indicated below. Many other terms may be routinely included in the Special Termsand Conditions.

Identification of the Parties

This section identifies the parties entering into the contract. It states the name of theagency, the contractor's legal name and address, and may include other identifying informationsuch as telephone number, fax number, e-mail address, and either the Federal Tax Identificationnumber or Social Security number of the contractor.

Scope of Work

Hold the contractor accountable: The contract should hold the contractoraccountable for results. Results or performance should be the focus, not procedure or process.Work requirements should be written in an auditable, results-oriented manner and clearly

define all performance objectives, work expectations and project milestones. Results mayinclude reports, training sessions, assessments, evaluations or other tangible services.

Be precise: The more precision in the scope of work, the more likely the agency willsatisfy its need. Performance requirements should be written in such a way that it can easilybe determined if and when the contractor has successfully completed performance. Anauditable, results-oriented scope of work should also include consequences for noncompliance,such as non-payment or termination of the contract.

Use active voice: The clearest way to indicate who is responsible for the work is to usethe active voice. Precede requirements with "The Contractor will or must" or "The Agency

will or must. "Use of the passive voice obscures who is responsible. Will or must ispreferable to may, shall or should.

Due dates: Due dates for formal written reports or other deliverables are to be statedin the contract as well as any timelines for required oral progress reports. Also includecontract monitoring requirements. For example, regular meetings should be scheduled toreview standards, evaluate progress, identify problem areas, and to determine actions to be

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taken by parties to resolve problems. Contractors staff assignments should also be included inthe scope, as applicable. This ensures that personnel shown in the proposal are assigned to thecontract with the time commitments reflected in the proposal. It also allows the agency toeffectively lock in time commitments of key consultant personnel.

An option is to incorporate the contractors proposal. The scope of work section of thecontract may also simply incorporate the contractors' proposal by reference, if all workobjectives are satisfactorily defined. When incorporating the contractors proposal, it isimportant that it remains accurate and that no changes have been negotiated after the proposalwas submitted. When incorporating the contractors proposal and the solicitation documentas part of the Scope of Work, also include them in the contract Order of Precedence clause.

Period of Performance

Personal service contracts are to specify a start date and an end date. Personal servicecontracts subject to filing with OFM should include appropriate language to reference the

effective start date. For certain competitive contract filings, work may begin the date thecontract is filed with OFM. For others, the contract effective date will be ten (10) workingdays after the date filed with OFM, subject to the review and/or approval of OFM. Forcontracts and amendments subject to the ten working day filing

Compensation and Payment

This section must include all elements relating to cost and payment, such as maximumcontract cost, cost per deliverable, rates for individuals providing services, number of hoursrequired, allowable expenses and total authorized for expenses, payment mechanism, and invoicingprocedures. Clearly defining cost elements authorized for reimbursement will avoid confusion or

minimize disputes later in the contract. We may not pay for any service prior to receipt of thoseservices. If other types of expenses are to be allowed, they must be clearly defined. Travelexpenses for contractors are generally reimbursed at the current state travel reimbursement rates.

The contract should state the maximum dollar amount allowed to be paid under the contractfor expenses. To determine the contract threshold for OFM filing, the total dollar amount ofthe contract, including the amount to be paid for services plus the estimated amount to bepaid under the contract for expenses, is used.

It is also helpful to include invoicing instructions in the contract. The contract should statehow often invoices should be submitted and require that the invoice include sufficient detailand back-up documentation to determine the appropriateness of the charges.

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Overview of the RFP Process

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Sample Evaluation Sheet to Score RFPs

EVALUATION RATING SHEETBID:DATE:EVALUATOR:

Appendi

BIDDER: (Bidder Name)CATEGORYCRITERIA POINTS AWARDED NOTES

Project

Approach/Methodology

TECHNICAL

PROPOSALQuality of Work Plan

Project Schedule

Project Deliverables

TOTAL: 0

Project TeamStructure/Internal Controls

MANGEMENTPROPOSAL

StaffQualifications/Experience

Consultant Experience

TOTAL:0

COSTPROPOSAL

Cost

TOTAL: 0

TOTAL SCORE: 0

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Bidder Name:______________________________________

Company/Organization Contacted:___________________

Name of Person Contacted:__________________________

Telephone: _____________________________

Date and Time:__________________________

State Person Completing Form:_______________________

1. Confirm the information provided by the bidder regarding experience in the RFP by thebidder or referenced subcontractor.

2. Confirm the information provided by the bidder regarding prior experience in performingfunctions as described in the RFP. Experience may be based on work performed by thebidder and subcontractors identified in the bid response.

3. How long has the bidder performed the functions described for your organization? Arethey still under an active contract?

4. Was the project or contract on time and under budget? Please explain.

5. Would you use this bidder again? Yes or Noa. IfNo, why?

b. IfYes, what would you do differently?

6. Who are some of the key people of the bidder assigned to your contract? What is or wastheir function?

7. One a scale of 1 to 10 (1 = lowest, 10 = highest), how would you rate the bidder?Rating: Please comment on the overall rating:

8. Do you know of other recent accounts that have used this bidder for similar functions?

9. Overall comments of committee member making call.

Date:_______________Sample Reference Check Questions for RFP#____________