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REQUEST FOR QUALIFICATIONS AND QUOTATIONS (RFQQ) Solicitation Number Solicitation Title Bid Due Date and Time 15-2200-ACCO EXECUTIVE RECRUITMENT – DIRECTOR OF REAL ESTATE SERVICES February 24, 2015 by 4:00 pm Olympia, WA time RFQQ Procurement Coordinator: Leslie Edwards Phone: 360-407-8416 Email: [email protected] Instructions to Bidders: Any questions concerning this solicitation are to be directed to the above Procurement Coordinator. Bid must be received on or before the Bid Due Date and Time by Department of Enterprise Services (DES) to be considered responsive. Bid must contain a signature of a duly authorized officer or agent of the Bidder’s company empowered with the right to bind the Bidder. How to respond to this bidding opportunity: Submit an Electronic copy of your bid to [email protected] Faxed bids are not accepted in response to this RFQQ. In email subject line, note the RFQQ Solicitation Number and Solicitation Title. All attachments to the Proposal response emails must be in Adobe PDF format . Zipped files cannot be received by DES and cannot be used for submission of Proposal. Bidder is responsible for the timely delivery of their bid to the email address above. For hand delivered responses, please coordinate with the RFQQ Procurement Coordinator for receiving. Bids must be received on or before the due date & time at the email address above

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Page 1: RFQQ Template - BidNet Web viewIt is your responsibility to support your claim and take appropriate legal action to do so. • Withhold or redact your documents without a court order

REQUEST FOR QUALIFICATIONS AND QUOTATIONS (RFQQ)

Solicitation Number Solicitation Title Bid Due Date and Time

15-2200-ACCOEXECUTIVE RECRUITMENT – DIRECTOR OF REAL ESTATE

SERVICES

February 24, 2015 by 4:00 pm Olympia, WA time

RFQQ Procurement Coordinator: Leslie EdwardsPhone: 360-407-8416

Email: [email protected]

Instructions to Bidders: Any questions concerning this solicitation are to be directed to the above Procurement Coordinator. Bid must be received on or before the Bid Due Date and Time by Department of Enterprise Services

(DES) to be considered responsive. Bid must contain a signature of a duly authorized officer or agent of the Bidder’s company

empowered with the right to bind the Bidder.

How to respond to this bidding opportunity: Submit an Electronic copy of your bid to [email protected] Faxed bids are not accepted in response to this RFQQ. In email subject line, note the RFQQ Solicitation Number and Solicitation Title. All attachments to the Proposal response emails must be in Adobe PDF format. Zipped files cannot

be received by DES and cannot be used for submission of Proposal. Bidder is responsible for the timely delivery of their bid to the email address above.

For hand delivered responses, please coordinate with the RFQQ Procurement Coordinator for receiving.

Bids must be received on or before the due date & time at the email address above

Page 2: RFQQ Template - BidNet Web viewIt is your responsibility to support your claim and take appropriate legal action to do so. • Withhold or redact your documents without a court order

TABLE OF CONTENTS

1. INTRODUCTION................................................................................................................11.1 Announcements and Special Information.....................................................................11.2 Purpose..........................................................................................................................11.3 Background...................................................................................................................11.4 Period of Performance...................................................................................................11.5 No Costs or Charges......................................................................................................11.6 Acquisition Authority....................................................................................................21.7 Commitment of Funds...................................................................................................21.8 Contract and General Terms & Conditions...................................................................21.9 Acceptance of RFQQ Terms and Binding Offer...........................................................21.10 Definitions.....................................................................................................................21.11 Americans with Disabilities Act (ADA).......................................................................3

2. GENERAL INFORMATION FOR BIDDERS....................................................................32.1 RFQQ Procurement Coordinator...................................................................................32.2 Estimated Procurement Schedule..................................................................................42.3 Washington Electronic Business Solutions (WEBS) Registration................................52.4 RFQQ Amendments......................................................................................................52.5 Bidder Questions and Answers.....................................................................................52.6 Proposal Response.........................................................................................................52.7 Cost of Response Preparation........................................................................................62.8 Response Property of DES............................................................................................62.9 Proprietary or Confidential Information........................................................................62.10 Errors in Response.........................................................................................................62.11 Waive Minor Administrative Irregularities...................................................................72.12 Responsiveness..............................................................................................................72.13 Exclusive Use................................................................................................................72.14 Diversity Participation...................................................................................................72.15 Non-Endorsement and Publicity...................................................................................82.16 Most favorable terms.....................................................................................................82.17 No Obligation to Contract.............................................................................................82.18 Rejection of Bids...........................................................................................................82.19 Right to Cancel..............................................................................................................82.20 Insurance Coverage.......................................................................................................92.21 Ethics.............................................................................................................................92.22 Contract Performance....................................................................................................92.23 Use of Subcontractors...................................................................................................92.24 Withdrawal of Responses..............................................................................................92.25 Statewide Vendor Payment Registration.......................................................................9

3. EVALUATION AND CONTRACT AWARD..................................................................103.1 Basis for Evaluation....................................................................................................103.2 Evaluation Steps..........................................................................................................10

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Page 3: RFQQ Template - BidNet Web viewIt is your responsibility to support your claim and take appropriate legal action to do so. • Withhold or redact your documents without a court order

State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

3.3 Clarification of Bid......................................................................................................113.4 Evaluation and Scoring...............................................................................................113.5 Bidder Interview..........................................................................................................113.6 Notification to Apparent Successful Bidder................................................................12

4. BID SUBMITTAL REQUIREMENTS..............................................................................134.1 Bid Presentation and Organization..............................................................................134.2 (M) Minimum Bidder Qualifications..........................................................................134.3 (MS) Technical Proposal.............................................................................................144.4 (MS) Management Proposal........................................................................................144.5 (M) Past Customer References....................................................................................144.6 (M) Informational Background...................................................................................154.7 Price Requirements......................................................................................................164.8 Presentation of All Cost Components.........................................................................164.9 Taxes...........................................................................................................................16APPENDIX B Certifications and Assurances...........................................................................18APPENDIX D MWVSBE Participation Form..........................................................................20Bidder Complaints.....................................................................................................................21Debriefing of Unsuccessful Bidders..........................................................................................21Protest Procedure.......................................................................................................................21APPENDIX F Sample Service Contract....................................................................................24

COMPENSATION........................................................................................................................25BILLING PROCEDURES AND PAYMENT..............................................................................25DES will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Contract Manager......................................25CONTRACT MANAGEMENT....................................................................................................26INSURANCE................................................................................................................................26ASSURANCES.............................................................................................................................27

APPENDIX G Response Checklist...........................................................................................37

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

1. INTRODUCTION

1.1 Announcements and Special InformationBidders are required to read, understand, and accept all information contained within this entire solicitation package. By responding to this solicitation the Bidder acknowledges having read and understood the entire solicitation, and accepts all the information contained herein.

1.2 PurposeThe objective of this Request for Qualifications and Quotations (RFQQ) is to establish an Executive Recruitment Services contract for a Director of Real Estate Services (RES) for the Department of Enterprise Services (DES) in accordance with RCW 39.26 . The successful candidate for this position should be a dynamic, creative, and self-motivated leader with in-depth experience in Real Estate Leasing Services (Tenant Brokering), Real Estate Brokerage Services (Acquisition/Disposition of real property), verified experience in serving a variety of internal and external customer requirements all within a fast paced environment ( to include professional services as directed, including but not limited to market analysis, evaluation of strategic opportunities for reducing occupancy cost; capital investment; assistance in developing alternative workplace strategies. The candidate will also effectively lead, manage and direct internal staff in support of state governmental regulations, goals, initiatives and property leasing, real estate purchase/sales, and evaluate alternative workplace strategies for RES. The position will set the tone, vision and provide leadership to the RES program. (The position description is attached as APPENDIX H).

DES has conducted two separate recruitment processes in 2014 via the state’s recruitment system and various real estate trade organizations, Online Recruitment System (OLRS), resulting in a total of nineteen candidates. The successful contractor will receive the list of these candidates upon contract award. These candidates will not be considered within the scope of this contract, but will still be given consideration for the position.

1.3 BackgroundThe Department of Enterprise Services (DES) was created to provide centralized leadership in efficiently and cost effectively managing resources necessary to support the delivery of state government services. The mission of DES is to implement a world-class, customer-focused organization that provides valued products and services to government and state residents. The goal of DES in every transaction is to deliver smart business solutions and services that meet the needs of those we serve. Real Estate Services (RES) manages a statewide leasing, architectural and project management program that includes comprehensive planning and coordination, leasing and real estate purchasing, and sales services.

1.4 Period of PerformanceThe period of performance of any Contract resulting from this RFQQ is scheduled from date of award notification (projected to be by March 16, 2015) to March 15, 2016, unless terminated sooner, or extended for additional periods via a Contract amendment, at DES’s sole discretion. DES reserves the right at its discretion to extend the contract for up to one additional, one-year period.

1.5 No Costs or ChargesNo costs or charges under the proposed Contract may be incurred before the Contract is fully executed.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

1.6 Acquisition AuthorityDES issues this RFQQ acting in accordance with Revised Code of Washington (RCW) 39.26, which establishes Department of Enterprise Services and regulates the manner in which state agencies may acquire goods and purchased services.

1.7 Commitment of FundsThe Director of the Department of Enterprise Services, or the director’s delegate, are the only individuals who may legally commit DES to the expenditures of funds for a Contract resulting from this RFQQ. No cost chargeable to the proposed Contract may be incurred before receipt of either a fully executed Contract.

1.8 Contract and General Terms & ConditionsThe apparent successful Bidder will be expected to enter into a contract, which is substantially the same as the Sample Contract and its General Terms and Conditions attached as Appendix F. In no event is a Bidder to submit its own standard contract terms and conditions in response to this solicitation. The Bidder may submit exceptions as allowed in the Certifications and Assurances section, Appendix B, to this solicitation. DES will review requested exceptions and accept or reject the same at its sole discretion.

It is anticipated the first deliverable under the contract will be a scoping plan, which will define the specific services to be provided by the CONTRACTOR based upon agreement between DES and the CONTRACTOR.

1.9 Acceptance of RFQQ Terms and Binding Offer

Bidders must acknowledge the submission of their Response, including a signed Bidder’s Certification and Assurances Form: Appendix B, as a binding offer.

1.10 DefinitionsBidder is to see those definitions in Chapter 39.26 RCW, all terms contained herein will be read consistently with those definitions.

In addition to the standard definitions identified in the Appendix F, Sample Contract for Services, and the attached General Terms and Conditions, the following definitions apply for the purposes of this RFQQ include:

“ASB” shall mean Apparently Successful Bidder.

“Bid” shall mean a sealed written offer to perform a Contract to provide materials, supplies, services, and/or equipment in reply to a solicitation.

“Contractor” shall mean an individual or company whose Bid has been accepted by DES and is awarded a fully executed, written contract.

“Contract” shall mean a binding agreement between DES and the awarded bidder

“DES” shall mean state of Washington Department of Enterprise Services.

“RFQQ” (Request For Qualifications and Quotation) shall mean a solicitation document in which the agency describes the services needed and invites Vendors to provide their qualifications to perform the services and to specify their costs or fees.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

“WEBS” (Washington’s Electronic Business Solution) shall mean the Vendor registration and Bidder notification system maintained by the Washington State Department of Enterprise Services located at: http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/default.aspx.

1.11 Americans with Disabilities Act (ADA)DES complies with the ADA. Bidders may contact the RFQQ Coordinator to receive this RFQQ in Braille or on tape.

2. GENERAL INFORMATION FOR BIDDERS

2.1 RFQQ Procurement CoordinatorThe RFQQ Procurement Coordinator is the sole point of contact in DES for this procurement. All communication between the Bidder and DES upon receipt of this RFQQ shall be with the RFQQ Coordinator. Any other communication will be considered unofficial and non-binding by DES. Communication directed to parties other than the RFQQ Procurement Coordinator may result in disqualification of the Bidder. Bidders are to rely only on written statements issued by the RFQQ Procurement Coordinator.

RFQQ Coordinator: Leslie Edwards

Physical Address: Department of Enterprise Services1500 Jefferson St. SEOlympia , WA 98501

Mailing Address: P.O. Box 41411Olympia, WA 98504-1409

Phone Number: (360) 407-8416

E-Mail Address: [email protected]

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

2.2 Estimated Procurement Schedule The dates and ranges listed below represent the projected procurement schedule. DES reserves the right to change the schedule. Notification of amendments to the procurement schedule prior to Bid Due Date and Time will be sent electronically to all properly registered users of the Department of Enterprise Services’ Washington Electronic Business Solution (WEBS) who downloaded this solicitation from WEBS.

All times are local time in Olympia, WA.

Dates & Time Event

February 2, 2015 RFQQ Issued through WEBS

February 9, 2015 Final Vendor Questions and Comments Due

February 12, 2015 State’s Final Written Answers to Questions, issued via addendum to RFQQ

February 24, 2015 at 4:00 pm Olympia, WA time

RFQQ Responses Due Date and Time

February 25 – 27, 2015 Evaluation Period

March 2 – 5, 2015 Bidder Interviews (optional)

March 6, 2015 Apparent Successful Bidder Announcement

March 11, 2015 Hold debriefing conferences (if requested)

March 12-13, 2015 Contract Negotiation & Agreement

March 16, 2015 Estimated Contract Effective Start Date

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

2.3 Washington Electronic Business Solutions (WEBS) RegistrationBidders must register on the Washington State Washington Electronic Business Solutions (WEBS) on-line system at https://fortress.wa.gov/ga/webs/. In order to receive notification of any Addendas regarding this solicitation, when registering in WEBS, the Bidders should select the following Commodity Code: 961-30, and then download this RFQQ document and any Addenda.

Bidders and potential bidders accept full responsibility and liability for failing to receive any amendments resulting from their failure to register with WEBS and download the RFQQ from WEBS, and hold the State of Washington harmless from all claims of injury or loss resulting from such failure. Contact the WEBS Customer Service for any questions regarding WEBS at (360) 902-7400.

2.4 RFQQ AmendmentsDES may amend the requirements of this RFQQ any time prior to the due date for Proposals. DES may amend the RFQQ Procurement Schedule, Section 2.2, and subsequent due date for Proposals.

DES may correct errors in the solicitation document identified by DES or a Bidder. Any changes or corrections will be by one (1) or more written addenda, dated, and attached to or incorporated in and made a part of this solicitation document. All changes must be authorized and issued in writing by the RFQQ Coordinator.

If there is any conflict between addenda, or between an addendum and the RFQQ, whichever document was issued last shall be controlling.

Only Bidders who have properly registered and downloaded the original solicitation via the Washington’s Electronic Business Solution System (WEBS), https://fortress.wa.gov/ga/webs/, will receive notification of addenda and other correspondence pertinent to this procurement.

2.5 Bidder Questions and AnswersBidders may send written questions concerning this RFQQ to the RFQQ Coordinator, through February 9, 2015 by 4:00 pm. DES prefers that questions be sent via email, with the words “RFQQ 15-2200-ACCO Questions” in the subject line.

Only written questions will receive an official written response from DES via a RFQQ Addendum issued on WEBS: https://fortress.wa.gov/ga/webs/, on or around the date specified in the RFQQ Procurement Schedule, Section 2.2. Only Bidders who have properly registered and downloaded the original solicitation directly via WEBS System: https://fortress.wa.gov/ga/webs/ will receive notification of addendas and other correspondence pertinent to the procurement.

DES considers all oral communications unofficial and non-binding on DES. Bidders should rely only on written statements issued by the RFQQ Coordinator.

2.6 Proposal ResponseProposals must be submitted electronically with all attachments to the Proposal emails in Adobe PDF format. Zipped files cannot be received by DES and cannot be used for submission of Proposal.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

Bidders must submit their Proposal via email directly to the RFQQ Coordinator (contact information is listed on front page) by the due date and time specified in the RFQQ Procurement Schedule, Section 2.2 .

The Proposal email subject line should state “Proposal for RFQQ 15-2200-ACCO”. Failure to type this notation on the Bidder’s Proposal email may cause DES to consider the Proposal non-responsive.

For larger files, it is recommended that Bidders use more than one (1) email to submit their Proposal. If so, Bidders must state on each email how many emails are indicated (i.e. “Part 1 of 3”) to complete the Proposal.

DES does not assume responsibility for problems with the Bidders’ email. If DES’ email is not working, appropriate allowances will be made. Proposals may not be submitted in hard copy or transmitted using facsimile transmission.

Bidders are responsible for allowing sufficient time to ensure timely electronic receipt of their Proposal by the RFQQ Coordinator. DES will not accept late bids, nor grant time extensions. DES may disqualify late bids from further consideration.

2.7 Cost of Response PreparationDES will not reimburse Bidders for any costs associated with preparing or presenting a Response to this RFQQ.

2.8 Response Property of DESAll materials submitted in response to this solicitation become the property of DES, unless received after the deadline in which case the Response will be returned to the sender. DES has the right to use any of the ideas presented in any material offered. Selection or rejection of a Response does not affect this right.

2.9 Proprietary or Confidential InformationIf a public records request seeks your RFP submission and if your submission includes content clearly marked “Confidential”, “Proprietary”, “Trade Secret” (or the equivalent), then DES will:

•     Notify you of the date DES will disclose the requested records•     Give you an opportunity to seek a court order that stops DES from disclosing the records

        Please be aware that DES will not:

•     Evaluate or defend your claim of confidentiality. It is your responsibility to support your claim and take appropriate legal action to do so.•     Withhold or redact your documents without a court order.

If you have any additional questions, please do not hesitate to contact the DES Public Records Officer at (360) 407-8768 or email [email protected].

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

2.10 Errors in ResponseBidders are liable for all errors or omissions contained in their Reponses. Bidders will not be allowed to alter response documents after the deadline for response submissions.

DES reserves the right to contact Bidder for clarification of Response contents. In those cases where it is unclear to what extent a requirement or price has been addressed, the evaluation team may, at their discretion and acting through the RFQQ Coordinator, contact a Bidder to clarify specific points in the submitted Response.

DES reserves the right to waive minor administrative irregularities contained in any Bidder response. Additionally, DES reserves the right, at its sole option, to make corrections to a Bidder’s Response when an obvious arithmetical error has been made in a rate quotation.

Bidders will not be allowed to make changes to their quoted rates after the Response submission deadline.

2.11 Waive Minor Administrative IrregularitiesDES may waive minor administrative irregularities related to any Response.

2.12 ResponsivenessAll Bids will be reviewed by the RFQQ Coordinator to determine compliance with administrative requirements and instructions specified in this RFQQ. DES may reject a Proposal at any time as nonresponsive for any of the following reasons:

Incomplete Proposal Submission of a Proposal that proposes services that deviate from the technical requirements set

forth in this document and the RFQQ Sample Contract Failure to comply with any part of this RFQQ or any Attachment to this RFQQ Submission of incorrect, misleading, or false information

2.13 Exclusive UseThis RFQQ is being issued for DES’s exclusive use for the purpose set forth in this RFQQ. The results of this RFQQ may not be used to satisfy the competitive requirements of any other agency that may choose to purchase similar products/services directly from the Apparently Successful Bidder (ASB).

2.14 Diversity ParticipationDES Strongly encourages the participation of minority and women-owned businesses, veteran-owned businesses, and Washington small businesses as prime contractors or subcontractors.  No preference will be included in the evaluation of proposals, no minimum level of participation by these businesses shall be required as a condition of receiving an award, and proposals will not be rejected or considered non-responsive on that basis.

Minority and Women-Owned BusinessesIn accordance with the legislative findings and policies set forth in Chapter 39.19 RCW, the State encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (OMWBE).  Participation may be either on a direct

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

basis in response to this solicitation or on a subcontractor basis.  Bidders may go to http://www.omwbe.wa.gov/index to obtain information on certified firms.

Veteran-Owned BusinessesIn accordance with the intent of Chapter 43.60A.200 PCW, the State encourages participation in all of its contracts by firms certified by the Washington State Department of Veterans’ Affairs (DVA).  For questions regarding the above go to http://www.dva.wa/gov/.

Small BusinessesIn accordance with the intent of Chapter 39.26.005 RCW, the State encourages the purchases of goods and services from Washington small businesses.  Small business, minibusiness, and microbusiness are defined in RCW 39.26.010 (21), (18), and (17) respectively.  Go to http://apps.leg.wa.gov/RCW/default.aspx?cite=39.26.010.  All qualified state small business types are encouraged to register and identify themselves in the Washington Electronic Business Solutions (WEBS)  http://www.des.wa.gov/services/ContractingPurchasing/Business/Pages/WEBSRegistration.aspx.

2.15 Non-Endorsement and PublicityIn selecting a Bidder to supply Services to the state of Washington, the State is neither endorsing Bidder’s services, nor suggesting that they are the best or only solution to DES’s or its Clients’ needs. By submitting a Response, Bidder agrees to make no reference to DES or the state of Washington in any literature, promotional material, brochures, sales presentation or the like, regardless of method of distribution, without the prior review and express written consent of DES. DES reserves the right to terminate the Training Contract if prior written consent is not obtained.

2.16 Most favorable termsDES reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the Bidder can propose. DES does reserve the right at any time to contact a Bidder for clarification of its proposal.

The Bidder should be prepared to accept this RFQQ for incorporation into a contract resulting from this RFQQ. Contract negotiations may incorporate some or all of the Bidder’s proposal. It is understood that the proposal will become a part of the official procurement file on this matter without obligation to DES.

2.17 No Obligation to ContractDES reserves the right to refrain from contracting with any and all Bidders. Neither the release of this solicitation document nor the execution of a resulting Contract obligates DES to make any purchases.

2.18 Rejection of BidsDES reserves the right at its sole discretion to reject any and all Bids received, without penalty, and not to issue a contract as a result of this RFQQ.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

2.19 Right to CancelDES reserves the right to cancel or to reissue all or part of this RFQQ at any time without obligation or liability. DES shall post notification of cancellation as an RFQQ addenda via WEBS Award Intent.DES intends to award only one (1) Contract. One (1) successful Bidder will be identified via this procurement.

2.20 Insurance CoverageThe Successful Bidder is required to obtain insurance to protect the State should there be any claims, suits, actions, costs, or damages or expenses arising from any negligent or intentional act or omission of the Bidder or its Subcontractor(s), or their agents, while performing work under the terms of any Contract resulting from this solicitation. See section Sample Service Contract, Appendix F, for a complete description of the specific insurance requirements.

2.21 EthicsRCW 42.52 contains specific restrictions applying to current or former state employees. Bidders should familiarize themselves with the restrictions prior to submitting a Response.

2.22 Contract PerformanceIf the Bidder has had a contract terminated for default during the past five (5) years, all such incidents must be described. Termination for default is defined as notice to stop performance due to the Bidder’s non-performance or poor performance and the issue was either (a) not litigated; or (b) litigated and such litigation determined the Bidder to be in default.

The Bidder must submit full details of all terminations for default experienced by the Bidder during the past five (5) years including the other party’s name, address and telephone number. The Bidder must present their position on the matter. DES will evaluate the facts and may, at its sole discretion, reject the Bidder’s Response if the facts discovered indicate that completion of a Contract resulting from this RFQQ may be jeopardized by selection of the Bidder. If no agreement has been terminated for default in the past five (5) years, the Bidder must state so.

2.23 Use of SubcontractorsDES will accept Responses that include third party involvement only if the Bidder submitting the Response agrees to take complete responsibility for all actions of such subcontractors. Bidders must disclose the use of subcontractors. Any subcontractors engaged after award of the prime Contract must be pre-approved by DES.

2.24 Withdrawal of ResponsesAfter a Response has been submitted, Bidders may withdraw a Response from consideration at any time up to the Response due date and time specified in the RFQQ Procurement Schedule, Section 2.2. Bidders must submit to the RFQQ Coordinator a written request signed by an authorized representative of the Bidder. After withdrawing a previously submitted Response, Bidders may submit another Response at any time up to the Response submission deadline.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

2.25 Statewide Vendor Payment RegistrationThe Apparently Successful Bidders (ASB) will be required to register as a Statewide Vendor (SWV).  The SWV file is a central vendor file maintained by the Department of Enterprise Services for use by Washington State agencies in processing vendor payments.  This allows the ASB to receive payments from all participating state agencies by direct deposit which is the DES method of payment.  Vendors may register at http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx

3. EVALUATION AND CONTRACT AWARD

3.1 Basis for EvaluationDES’ evaluation criteria reflect a wide range of considerations. While Bidder’s quotations are important, other factors are also significant. Careful selection of the Apparently Successful Bidder (ASB) depends on DES’ assessment of each Bidder’s quality of services, the Bidder’s potential impact on DES’ services, and other qualitative and quantitative considerations. The objective is to choose reliable and experienced Bidders capable of providing effective services at a reasonable value to the state.

The RFQQ Coordinator may contact any Bidder for clarification of the Bidder’s Response.

3.2 Evaluation Steps

Step 1: Responsiveness Evaluation DES shall initially screen each Response to determine if the Bidder has complied with the Administrative Requirements and other submittal instructions. DES shall not assign any points for this initial screening process.

If a Response does not meet both the Administrative Requirements and other submittal instructions, DES may consider the Response non-responsive and withdraw it from consideration. DES shall notify non-responsive Bidder(s) and provide a reason for rejection.

When a Response meets all Administrative Requirements and other submittal instructions, DES shall consider and evaluate the Response in accordance with this RFQQ documents and any RFQQ addendas.

Step 2: Evaluation of Bids Non-cost factors: DES shall designate an evaluation team of at least three evaluators to review, evaluate, and score the required written responses. Each evaluator shall assign a score up to the maximum points available for each section. DES shall determine the average total score as an average of all evaluators’ scores.

Responses will only be evaluated on the basis of the information provided in the Bidders’ Response. Bidders are not to assume that the evaluators know anything about the Bidder. Therefore, it is important that each response be clear, explanatory, and complete so that the evaluation team can adequately understand all aspects of the response. Failure of a Bidder to provide such information may result in fewer points being awarded.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

Cost factor: the bidder offering the lowest percentage rate will receive the maximum points allotted. Subsequent bidders will then receive a percentage of the available points based upon their relationship to the lowest bidder.

Step 3: Vendor Reference Evaluation DES may contact references to investigate past performance.

DES reserves the right to solicit and substitute customer references to determine the sufficiency of the Bidder’s level of responsibility.

DES may, at its sole discretion, reject the Bidder’s Responses if the Bidder’s Customer References report the Bidder’s inability to comply with one or more of the Administrative Requirements.

3.3 Clarification of Bid The Procurement Coordinator may contact the Bidder for clarification of any portion of the Bidder’s Bid.

3.4 Evaluation and Scoring The following points will be assigned to each Bid for evaluation purposes:

Evaluation Description Points

Technical Proposal

Approach/Methodology and Work Plan 20

Management Proposal

Project Team Structure and Staff Qualifications 20

Contractor’s Past Experiences with similar recruitments 15

Contractor’s membership/certification/affiliation with organizations that will help ensure success with obtaining a Real Estate Manager 15

Price 30

References [top-scoring proposer(s) only] pass/fail

Bidder Interview[top-scoring proposer(s) only] pass/fail

GRAND TOTAL 100 points

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

3.5 Bidder Interview DES, at its sole discretion, may elect to select the top-scoring Bidder(s) from the written evaluation for an oral presentation and final determination of contract award. DES will contact the top scoring Bidder(s) to schedule a date, time, and location for a Bidder Interview.

The Bidder presentation will include review and confirmation of the Bidder’s bid, and may include service and product description and demonstration, demonstration of Bidder’s capabilities, etc. to aid in the evaluation of the Bidder. Representations made by the Bidder during the oral presentation will be considered binding.

If possible, the Bidder’s proposed Project Manager and key staff who will be providing the services should participate.

3.6 Notification to Apparent Successful BidderDES shall distribute a Notification of Award on WEBS to all responding Bidders announcing the Apparently Successful Bidder. The anticipated Notification of Award Date is listed in the RFQQ Procurement Schedule, Section 2.2.

DES shall not give Award results over the phone.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

4. BID SUBMITTAL REQUIREMENTS

4.1 Bid Presentation and OrganizationBidders are encouraged to label and organize their Bid Response in the following order for ease of evaluation. Please note Appendix G “Response Checklist”:

Bidder’s introductory cover letter acknowledging receipt of all RFQQ amendments issued, if any. Appendix B – Signed Certifications and Assurances. Appendix C – Price Sheet Any noted exceptions to Appendix F, Sample Contract for Services. Amendments, (if any) signed and returned as instructed in the Amendment – Bidder is to check

the WEBS site for any and all amendments. Response to Minimum Bidder Qualifications (Section 4.2)

Response to the Technical Proposal (Section 4.3)

Response to the Management Proposal (Section 4.4)

Response to Past Customer References (Section 4.5)

Response to Informational Background (Section 4.6)

Other documentation, e.g., manuals, brochures, or other materials, as necessary.

Standard brochures are not to be included in the Bid submittals. There should not be any unnecessary attachments, enclosures, or exhibits. Any electronic submittals shall be in Microsoft Office or Adobe .pdf formats. Charts and spreadsheets may be larger than normal letter size 8.5in x 11in paper.

Items in this section marked (M) “mandatory” or (MS) “mandatory/scored” must be included as part of the Response to this Bid to be considered responsive. Sections marked “mandatory” are not scored, but may used for evaluation purposes on a pass/fail basis. Items marked “mandatory/scored” are those that are awarded points as part of the evaluation conducted by the evaluation team. Failure to follow these instructions may result in disqualification.

4.2 (M) Minimum Bidder Qualifications

Bidder is to provide a statement of compliance with the following minimum requirements:1. Bidder must be licensed to do business in the State of Washington or provide a statement that it will

become licensed in Washington State within 30 calendar days of being selected as the Apparent Successful Bidder.

2. Bidder must have been in business for a minimum of five (5) years providing those services identified herein.

3. Bidder must have prior experience as a Real Estate Recruiter.4. Bidder must not be suspended or debarred from government contracts.

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4.3 (MS) Technical ProposalBidder is to provide in three pages or less a “Technical Proposal” that includes the following elements:

Approach/Methodology and Work Plan – Provide a description of the Bidder’s proposed approach and methodology, and work plan for providing the Executive Recruitment for real estate services identified herein.

Work Plan- should provide a proposed schedule necessary to accomplish the project, while the approach/methodology should provide sufficient detail to convey to the members of the evaluation team that the Bidder has knowledge of the subject matters, adequate resources, and skills necessary to successfully complete the work.

List - Also provide information on where previous, similar recruitments have been posted. Samples – Provide copies of recruitments that have been accomplished focusing on Real Estate

Services.

4.4 (MS) Management ProposalBidder is to provide in three pages or less a “Management Proposal” that includes the following elements:

a) Project Team Structure/Internal Controls – Provide a description of the proposed project team structure and internal controls to be used during the course of the resulting contract from this RFQQ, including any subcontractors. Provide an organization chart for your firm indicating lines of authority for personnel involved in the performance under this contract. For any subcontractors that will be use in the fulfillment of the contract, identify their role and relationship to the Bidder, and the person(s) in the Bidder’s firm responsible for subcontractor’s performance.

b) Staff Qualifications – Identify key staff, including subcontractor’s staff, who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project. 1. Bidder is to provide a statement that it will commit the staff identified in its bid will actually

perform the work as designated. The Contractor must commit the same level of staff expertise throughout the duration of the contract. Any substitution must have prior approval by DES.

2. Attach to the Management Proposal the résumés for the named key staff that include information on the individual’s particular skills related to this project; their education, experience, and significant accomplishment; and any other pertinent information.

c) Contractor Past Experience – Provide a description of past experience of the Contractor and any subcontractor related to performance under this contract. Indicate other relevant experience that indicates the qualifications of the Contractor, and any subcontractors, for the performance of the potential contract. Include a list of the contracts the Contractor has had within the past 3 years that relate to the Contractor’s ability to perform the services needed under this RFQQ. Provide samples of previous recruitments for Real Estate services.

4.5 (M) Past Customer ReferencesBidder is to provide three (3) customer references to whom the Bidder has provided similar products/services as described herein within the last 3 years. The Bidder is responsible to ensure that every reference contact is available during the evaluation period.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

References must be:

Complete with company names, addresses, contact persons, telephone numbers, and electronic mail addresses.

Independent of the Bidder’s company/corporation (i.e. non-Vendor owned, in whole or in part, or managed in whole or in part).

From unique references, in no event shall the Bidder submit two references from the same client/business entity.

Do not include current DES staff as references.

Note: References will be contacted for the top-scoring bidder(s) only. References will be used to assist evaluation of responsiveness, performance, industry knowledge, and customer service.

DES reserves the right to contact others who may have pertinent information regarding the Bidder’s prior experience and ability to perform the services contemplated in this procurement, and use such in the evaluation.

4.6 (M) Informational Background Bidder is to provide by attachment the following information about the Bidder and any proposed

subcontractors:a) Name, address, principal place of business, telephone number, and fax number/email address of

legal entity or individual with whom a contract would be written.b) Name, address, and telephone number of each principal officer (President, Vice President,

Treasurer, Chairperson of the Board of Directors, etc.).c) Legal status of the Bidder (sole proprietorship, partnership, corporation, etc.) and the year the

entity was organized to do business as the entity now substantially exists.d) Federal Employer Tax Identification number (if Social Security number, then do not provide but

indicate it is available) and if available the Washington Uniform Business Identification (UBI) number issued by the state of Washington Department of Revenue.

e) Location of the office/facility from which the Contractor would operate and the normal business hours.

Related Bidder Information:a) A statement acknowledging whether or not any state employees or former state employees serve

on the Contractor’s governing board as of the due date of this Bid. If yes, then include their position and responsibilities within the Bidder’s organization. See Ethics in Public Service, RCW 42.52.  If following a review of this information it is determined by DES that a conflict of interest exists, the Bidder may be disqualified from further consideration for the award of a contract.

b) A statement acknowledging whether or not a member of the Contractor’s staff or subcontractor’s staff was an employee of the state of Washington during the past 24 months or is currently a Washington State employee. If yes, then identify the individual by name, where previously or currently employed, job title or position held, and separation date. See Ethics in Public Service, RCW 42.52, especially 42.52.080 which pertains to “Employment after public service.” If following a review of this information it is determined by DES that a conflict of interest exists,

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

then the Bidder may be disqualified from further consideration for the award of a contract or requested to remove the staff from the project.

c) A statement acknowledging whether or not the Contractor or any subcontractor has contracted with the State of Washington during the past 24 months. If yes, then indicate the name of agency, the contract number, contact person, and brief project description and/or other information to identify the contract. DES may use such information for evaluation of past performance.

d) A statement acknowledging whether or not the Contractor has had a contract terminated for default in the last five (5) years by a government entity. If yes, then briefly describe such incident, submit details of the terms for default including the other party’s name, address, and phone number, and present the Contractor’s current position on the matter. DES will evaluate the facts and may at its sole discretion, reject the Bid on the grounds of the past experience. Termination for default is defined as notice to stop performance due to the Contractor’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Proposer or (b) litigated and such litigation determined that the Proposer was in default.

4.7 Price RequirementsPayment will be based on a percentage of the successful candidates annual salary.

The percentage is inclusive of all costs including travel related expenses. Please refer to Appendix C.

4.8 Presentation of All Cost Components Failure to identify all costs in a manner consistent with the instructions in this RFQQ is

sufficient grounds for disqualification.

Bid prices must include all cost components. All costs associated with the services must be incorporated into the price of the Response to this RFQQ. Any Product or Service offered by the Bidder or a Subcontractor(s) that does not have a corresponding separate price will have no separate additional cost to DES.

Bidder must complete and return the Price Sheet to be considered responsive to this RFQQ. Expenses related to day-to-day performance under any Contract, including but not limited to, travel, lodging, meals, materials, and incidentals will not be reimbursed to the Vendor.

Identify all costs in U.S. dollars including expenses to be charged for performing the services necessary to accomplish the objectives of this contract.

Contractor is required to collect and pay Washington state sales taxes, as applicable, do not include taxes in the percentage offered.

4.9 TaxesBidder must not include taxes in percentage. Contractor is required to collect and pay Washington State sales tax, if applicable, see the Sample Contract, Appendix F, for more details.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

APPENDIX ATasks/Deliverables

Phase 1:1. Initial consultation with DES’s input, to write, rewrite, and/or edit a recruitment announcement

that completely identifies DES’s hiring needs.2. Create an advertising plan to include publishing the recruitment announcement, website ads, and

publications.3. Create an outreach marketing strategy.4. Draft and maintain the recruitment schedule.5. Maintain and store all records and recruitment materials.6. Compose email letters with recruitment announcement to targeted sources.

Phase 2: 7. Network via multiple sources to identify potential candidates.8. Identify and contact diverse pool of candidates.9. Assess all candidates.10. Make recommendations to DES on the best qualified candidates.11. Assist with the creation of interview schedules and format.12. Assist with the development of interview questions.

Phase 3 (to be determined):13. May assist DES with the coordination of interview schedule with selected candidates, DES and/or

panel members at DES-designated site.14. May produce and deliver interview panel books, and assist in facilitating interview process.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

APPENDIX BCertifications and Assurances

The undersigned corporate officer of (Bidder) certifies to the Washington State Department of Enterprise Services (DES) that:

1. All answers and statements made in the Bid are true and correct.

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

3. The Bid is a firm offer for a period of 180 days following receipt, and it may be accepted by the DES without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 180-day period.

4. Except as set forth in full detail on a separate page attached to this document, in preparing this Bid, Bidder has 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.

5. Bidder understands that DES will not reimburse Bidder for any costs incurred in the preparation of this Bid or in the evaluation stage. All proposals become the property of DES as described in the RFQQ.

6. Unless required by law, the prices and/or cost data in the Bid have not been, and will not be, directly or indirectly, disclosed by Bidder to any other Bidder or to any competitor.

7. All exceptions to the Sample Contract are set forth in the Issues List that is part of Bidder's Bid.

8. 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 proposal for the purpose of restricting competition.

9. DES has the right to contact references and others who may have pertinent information regarding the Bidder's prior experience and ability to perform the services contemplated in the solicitation.

10. If any employee or personnel of Bidder or a subcontractor who will perform services contemplated in the solicitation has retired from the state of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separate page attached to this document.

Print Company Name

Signature Date

Print Name Title

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

APPENDIX CPRICE SHEET

1. Bid Price

Description Percentage Bid

Executive Recruitment of Director of Real Estate Services _______%

2. Please indicate if a prompt payment discount for payment within thirty days or less is Offered:_____% thirty, Net 30

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

APPENDIX DMWVSBE Participation Form

Minority, Women's, Veteran and Small Business Enterprises (MWVSBE)Participation Form

(Bidder to use form if applicable)

MWVSBE participation is defined as: State of Washington Certified MBEs, WBEs, VBEs or SBEs bidding as prime contractor, or prime contractor firms subcontracting with certified MWVSBEs. For questions regarding the above, contact Office of OMWBE toll free at (866) 208-1064, or the Department of Veterans Affairs.

MBE FIRM NAME *MBE CERTIFICATION NO.

PARTICIPATION %

WBE FIRM NAME *WBE CERTIFICATION NO.

PARTICIPATION %

VBE FIRM NAME *VBE CERTIFICATION NO.

PARTICIPATION %

*Certification number issued by the Washington State Office of Minority and Women's Business Enterprises, and/or the Department of Veterans Affairs

Name of Vendor completing this Certification:_______________________________________

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

APPENDIX ECOMPLAINTS AND PROTESTS

Bidder Complaints

Any Bidder may submit a complaint regarding this RFQQ based upon the following: The solicitation unnecessarily restricts competition; The evaluation/scoring process is unfair or flawed; or The requirements are inadequate or insufficient so that a response is difficult to prepare.

If no complaint is filed, a Bidder cannot later file a protest based on any of the above complaint criteria.

Any complaint to the RFQQ must be in writing and submitted to the RFQQ Coordinator no less than five (5) business days prior to the date when Proposals are due.

Debriefing of Unsuccessful Bidders

Any Bidder who has submitted a Proposal and been notified that they were not selected for contract award may request a debriefing.  The written request for a debriefing conference must be received by the RFQQ Coordinator within three (3) business days after the Unsuccessful Bidder Notification is e-mailed or sent via WEBS to the Unsuccessful Bidder.   Written debriefing requests must be received by the RFQQ Coordinator no later than 5:00 PM, local time, in Olympia, Washington on the third business day following the date the e-mail or WEBS notification was sent with the Unsuccessful Bidder Notification. The debriefing must be held within three (3) business days of the request.  Unsuccessful Bidders should allow sufficient time to ensure timely receipt of the debriefing request by the RFQQ Coordinator recognizing that e-mail transmissions may be several minutes from the time they are sent to the time they arrive.  If DES’s e-mail is found to be at fault, allowance will be made.

Discussion at the debriefing conference will be limited to the following: Evaluation and scoring of the Bidders Proposal; Critique of the Proposal based on the evaluation; and Review of Bidder’s final score in comparison with other final scores.

Comparisons between Proposals or evaluations of the other Proposals will not be allowed.   Debriefing conference may be conducted in person or on the telephone and will be scheduled for a maximum of one (1) hour.

Protest Procedure

Protests may be made only by Bidders who submitted a proposal to the solicitation document and who have participated in a debriefing conference.  Upon completing the debriefing conference, the Bidder is allowed five (5) business days to file a protest of the solicitation with the RFQQ Coordinator. Protests must be received by the RFQQ Coordinator no later than 5:00 PM, local time, in Olympia, Washington by the fifth

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business day following the debriefing.  Protests may be submitted by e-mail, but must then be followed by the document with an original signature.

Bidders protesting this procurement shall follow the procedures described below.  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.

All protests must be in writing, addressed to the RFQQ Coordinator, and signed by the protesting party or an authorized Agent.  The protest must state the RFQQ number, the grounds for the protest with specific facts and complete statement of the actions(s) being protested.  A description of the relief or corrective action being requested should also be included.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

Bias, discrimination or conflict of interest on the part of an evaluator or in the process; Errors in computing the score; Non-compliance with procedures described in the procurement document or DES

policy.

Protests not based on procedural matters will not be considered.  Protests will be rejected as without merit if they address issues such as:  1) an evaluator’s professional judgment on the quality of the Proposal, or 2) DES’s assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, a protest review will be held by DES.  The DES Director or an employee delegated by the Director who was not involved in the procurement will consider the record and all available facts and issue a decision not less than five (5) business days but no more than ten (10) business days of receipt of the protest.  If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Bidder that also submitted a Proposal, such Bidder will be given an opportunity to submit its views and any relevant information on the protest to the RFQQ Coordinator.

The final determination of the protest shall: Find the protest lacking in merit and uphold DES’s action; or Find only technical or harmless errors in DES’s acquisition process and determine DES

to be in substantial compliance and reject the protest; or Find merit in the protest and provide DES options which may include:

o Correct the errors and re-evaluate the Proposals, and/oro Reissue the solicitation document and begin a new process (in which case all the

Bidders will be notified), oro Make other findings and determine other courses of action as appropriate.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

If DES determines that the protest is without merit, DES will enter into a contract with the Apparently Successful Contractor.  If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

There is no appeal process.  If the protesting party does not accept DES’s protest response, the protesting party can seek relief from Superior Court in Thurston County.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

APPENDIX FSample Service Contract

CONTRACT BETWEENTHE STATE OF WASHINGTON

DEPARTMENT OF ENTERPRISE SERVICESAND

__________________________________

This Convenience Contract is made and entered into by and between the State of Washington, Department of Enterprise Services, hereinafter referred to as the "DES” or “Agency", and the below named firm, hereinafter referred to as “Contractor,”

Contractor Name

Address

Phone:

E-mail Address:

Washington State UBI No:

Federal ID No.:

PURPOSE

The purpose of this contract is to provide for DES with executive recruitment services for the Director of Real Estate Services position.

DES issued a Request for Qualifications and Quotation (RFQQ # 15-2200-ACCO dated {____}, for the purpose of obtaining recruitment services in accordance with its authority under RCW 39.26. CONTRACTOR submitted a timely Response (Appendix B) to DES’ RFQQ.

NOW, THEREFORE, in consideration of the terms and conditions contained herein, or attached and incorporated by reference and made a part hereof, the above named parties mutually agree as follows:

SCOPE OF WORK:

Appendix F contains the General Terms and Conditions governing work to be performed under this contract, the nature of the working relationship between DES and the Contractor, and specific obligations of both parties.

The CONTRACTOR will provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

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Identify all tasks, work elements and objectives of the contract, and timetables by which major parts of the work are to be completed. The scope of work may be included within the text of the contract or attached as a separate exhibit.

PERIOD OF PERFORMANCE

Subject to other contract provisions, the period of performance under this contract will be from xx, 2015, through xxx, 2016, unless terminated sooner or extended as provided herein. DES reserves the right to extend the contract for up to one (1) additional one (1) year period. Amendments extending the period of performance, if any, shall be at the sole discretion of DES

COMPENSATIONTotal compensation payable to CONTRACTOR for satisfactory performance of the work under this contract shall not exceed ___% of annual salary.

BILLING PROCEDURES AND PAYMENT

DES will pay CONTRACTOR upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to the Contract Manager.

The invoices shall describe and document, to the AGENCY'S satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the contract reference number 15-2200-ACCO. Payment shall be considered timely if made by the AGENCY within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the CONTRACTOR.

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

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

Invoices shall include:a. DES Contract number #;

b. DES Purchase Order number;

c. Contractor name, address, phone number, and Federal Tax Identification Number;

d. Description of Services and Product provided, including a list of services provided;

e. Date(s) of delivery;

f. Applicable taxes;

g. Other applicable charges;

h. Total invoice Price; and

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i. Payment terms, including any available prompt payment discounts.

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

Contract Manager for Contractor: Contract Manager for DES:

Contract Manager Name

Contractor Name

Address

City, State Zip Code

Phone: ( ) ________ Fax: ( )___________

E-mail address:

Department of Enterprise Services

P.O. Box 41411

Olympia, WA 98504

Phone: (360) 407-

Email address:

INSURANCE The CONTRACTOR shall provide insurance coverage as set out in this section [or as set forth in the RFQQ No. 15-2200-ACCO]. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the CONTRACTOR or subcontractor, or agents of either, while performing under the terms of this contract.

The CONTRACTOR shall provide insurance coverage, which shall be maintained in full force and effect during the term of this contract, as follows:

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

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

2. Automobile Liability . In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by the CONTRACTOR, automobile liability insurance shall be required. The minimum limit for automobile liability is:

$1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage.

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

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

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

NOTE: For further information about insurance, including recommended language for contracts, refer to the DES Risk Management Office’s manual, ”Contracts: Transferring and Financing Risk,” available at: http://www.ofm.wa.gov/rmd/contrman.htm.

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

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

a. Applicable federal and state of Washington statutes and regulations

b. Special Terms and Conditions as contained in this basic contract instrument

c. Appendix A – General Terms and Conditions

d. Appendix B – Request for Qualifications and Quotations No. 15-2200-ACCO

e. Appendix C – Contractor’s Bid dated _______

f. Any other provision, term or material incorporated herein by reference or otherwise incorporated.

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

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

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

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

THIS CONTRACT is executed by the persons signing below who warrant that they have the authority to execute the contract.

CONTRACTOR NAME DEPARTMENT OF ENTERPRISE SERVICES

SIGNATURE SIGNATURE

NAME AND TITLE NAME AND TITLE

DATE DATE

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

GENERAL TERMS AND CONDITIONS

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

A. "Agency" shall mean the Department of Enterprise Services, of the state of Washington, any division, section, office, unit or other entity of the Agency, or any of the officers or other officials lawfully representing that Agency.

B. "Agent" shall mean the Director, and/or the delegate authorized in writing to act on the Director's behalf.

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

D. "Subcontractor" shall mean one (1) not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any tier.

Access to data in compliance with RCW 39.29.080, the CONTRACTOR shall provide access to data generated under this contract to AGENCY, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the CONTRACTOR’S reports, including computer models and methodology for those models.

ADVANCE PAYMENTS PROHIBITEDNo payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the AGENCY.

AMENDMENTS - This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

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

ASSIGNMENT – Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Agency.

ATTORNEYS’ FEESIn the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorney fees and costs.

CONFIDENTIALITY / SAFEGUARDING OF INFORMATION - The Contractor shall not use or disclose any information concerning the Agency, or information which may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the Agency, or as may be required by law.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

CONFLICT OF INTEREST - Notwithstanding any determination by the Executive Ethics Board or other tribunal, the Agency may, in its sole discretion, by written notice to the Contractor terminate this contract if it is found after due notice and examination by the Agent that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Contractor in the procurement of, or performance under this contract.

In the event this contract is terminated as provided above, the Agency shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor. The rights and remedies of the Agency provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this contract.

COPYRIGHT PROVISIONS - Unless otherwise provided, all Materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Agency. The Agency shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, Contractor hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to the Agency effective from the moment of creation of such Materials.

Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.

For Materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, Contractor hereby grants to the Agency a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Agency.

The Contractor shall exert all reasonable effort to advise the Agency, at the time of delivery of Materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this contract. The Agency shall receive prompt written notice of each notice or claim of infringement received by the Contractor with respect to any data delivered under this contract. The Agency shall have the right to modify or remove any restrictive markings placed upon the data by the Contractor.

COVENANT AGAINST CONTINGENT FEES - The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. The Agency shall have the right, in the event of breach of this clause by the Contractor, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

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

DISPUTESExcept as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with AGENT.

1. The request for a dispute hearing must:

Be in writing; State the disputed issue(s); State the relative positions of the parties; State the CONTRACTOR’S name, address, and contract number; and Be mailed to the AGENT and the other party’s (respondent’s) contract manager within 3 working

calendar days after the parties agree that they cannot resolve the dispute.

2. The respondent shall send a written answer to the requester’s statement to both the agent and the requester within 5 working calendar days.

3. The AGENT shall review the written statements and reply in writing to both parties within 10 working days. The AGENT may extend this period if necessary by notifying the parties.

4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.

Nothing in this contract shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution method in addition to the dispute resolution procedure outlined above.

DUPLICATE PAYMENTThe AGENCY shall not pay the CONTRACTOR, if the CONTRACTOR has charged or will charge the State of Washington or any other party under any other contract or agreement, for the same services or expenses.

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

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

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

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

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

INDEPENDENT CAPACITY OF THE Contractor - The parties intend that an independent contractor relationship will be created by this contract. The Contractor and his or her employees or agents performing under this contract are not employees or agents of the Agency. The Contractor will not hold himself/herself out as or claim to be an officer or employee of the Agency or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Contractor. Contractor shall not make any claim of right, privilege, or benefit which would accrue to an employee under chapter 41.06 RCW, or Title 51 RCW.

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

LICENSING, ACCREDITATION AND REGISTRATION - The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this contract. (See, for example, Chapter 19.02 RCW for state licensing requirements and definitions.)

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

NONCOMPLIANCE WITH NONDISCRIMINATION LAWS - In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Agency. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein.

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

PRIVACYPersonal information including, but not limited to, “Protected Health Information,” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. CONTRACTOR shall ensure its directors, officers, employees, subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth herein. CONTRACTOR and its subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the agency or as otherwise required by law.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The CONTRACTOR agrees to indemnify and hold harmless the AGENCY for any damages related to the CONTRACTOR’S unauthorized use of personal information.

PUBLICITY - The Contractor agrees to submit to the Agency all advertising and publicity matters relating to this Contract wherein the Agency’s name is mentioned or language used from which the connection of the Agency’s name may, in the Agency’s judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of the Agency.

RECORDS MAINTENANCE - The Contractor shall maintain books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspection, review or audit by the Agency, personnel duly authorized by the Agency, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.

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

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

RIGHT OF INSPECTION - The Contractor shall provide right of access to its facilities to the Agency, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract.

SAVINGS - In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the Agency may terminate the contract under the "Termination for Convenience" clause, without the ten (10) day notice requirement, subject to renegotiation at the Agency’s discretion under those new funding limitations and conditions.

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

SITE SECURITY - While on Agency premises, Contractor, its agents, employees, or subcontractors shall conform in all respects with physical, fire or other security policies or regulations.

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

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

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

TAXES - All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor.

TERMINATION FOR CAUSEIn the event the AGENCY determines the CONTRACTOR has failed to comply with the conditions of this contract in a timely manner, the AGENCY has the right to suspend or terminate this contract. Before suspending or terminating the contract, the AGENCY shall notify the CONTRACTOR in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the contract may be terminated or suspended.

In the event of termination or suspension, the CONTRACTOR shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time.

The AGENCY reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the CONTRACTOR from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the CONTRACTOR or a decision by the AGENCY to terminate the contract. A termination shall be deemed a “Termination for Convenience” if it is determined that the CONTRACTOR: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the AGENCY provided in this contract are not exclusive and are, in addition to any other rights and remedies, provided by law.

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

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

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

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

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

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

1. Stop work under the contract on the date, and to the extent specified, in the notice;

2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated;

3. Assign to the AGENCY, in the manner, at the times, and to the extent directed by the AGENT, all of the rights, title, and interest of the CONTRACTOR under the orders and subcontracts so terminated, in which case the AGENCY has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts;

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

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

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

7. Take such action as may be necessary, or as the AGENT may direct, for the protection and preservation of the property related to this contract, which is in the possession of the CONTRACTOR and in which the AGENCY has or may acquire an interest.

TREATMENT OF ASSETS -

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

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

C. The Contractor shall be responsible for any loss or damage to property of the Agency which results from the negligence of the Contractor or which results from the failure on the part of the Contractor to maintain and administer that property in accordance with sound management practices.D. If any Agency property is lost, destroyed or damaged, the Contractor shall immediately notify the Agency and shall take all reasonable steps to protect the property from further damage.

E. The Contractor shall surrender to the Agency all property of the Agency prior to settlement upon completion, termination or cancellation of this contract.

F. All reference to the Contractor under this clause shall also include Contractor's employees, agents or Subcontractors.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

WAIVER - Waiver of any default or breach shall not be deemed to be a waiver of any prior or subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing. No term or condition of this Contract shall be held to be waived, modified, or deleted except by a written instrument signed by the parties.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

APPENDIX GResponse Checklist

This Response Checklist is provided for Bidder's convenience only. It is the Bidder’s responsibility to thoroughly read this Solicitation and ensure all required information and documents are submitted with each Response. Any Response received without any one or more of these documents may be rejected as being non-responsive.

In order to be considered responsive, Bidder is to include, at a minimum, the following components in their RFQQ Response:

Bidder’s introductory cover letter acknowledging receipt of all RFQQ amendments issued, if any.

Appendix B – Signed Certifications and Assurances.

Any noted exceptions to Appendix E, Sample Contract for Services.

All Amendments, (if any) signed and returned as instructed – Bidder is to check the WEBS site for

any and all amendments.

Response to Minimum Bidder Qualifications (Section 4.2)

Response to the Technical Proposal (Section 4.3)

Response to the Management Proposal (Section 4.4)

Response to Past Customer References (Section 4.5)

Response to Informational Background (Section 4.6)

Appendix C - Response to Price Requirements

Appendix D – MWVBE Participation Form (if applicable).

Other documentation, e.g., manuals, brochures, or other materials, as necessary.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

APPENDIX H

Position Description of Candidate

Washington Management Service (WMS)Position Description

For assistance completing this form, contact your WMS Coordinator.

Position Information

Position Title:Director of Real Estate Services

Position Number/Object Abbreviation:

Incumbent’s Name (If filled position): Agency/Division/Unit:Department of Enterprise Services/Facilities Division/Real Estate Services

Address Where Position Is Located:1500 Jefferson Street SE, Olympia, WA 98504-1015

Work Schedule:Part Time Full Time

Overtime Eligible:Yes No

Supervisor’s Name and Title: Supervisor’s Phone:

Organizational StructureSummarize the functions of the position’s division/unit and how this position fits into the agency structure (attach an organizational chart).

The Department of Enterprise Services (DES) was created to provide centralized leadership in efficiently and cost-effectively managing resources necessary to support the delivery of state government services. The mission of DES is to implement a world-class, customer-focused organization that provides value products and services to government and state residents.

DES features expertise in information technology and print support, contract management, human resources and employee training, statewide financial systems, public works project management, and the care and stewardship of the state capitol grounds and buildings.

The department’s goal in every transaction is to deliver smart business solutions and services that meet the needs of those we serve.

Within the Facilities Division, Real Estate Services (RES), this position manages internal staff and works with customer agencies to provide leasing and real estate purchase and sale services. This position sets the vision and provides leadership the RES program

Position ObjectiveDescribe the position’s main purpose, include what the position is required to accomplish and major outcomes produced. Summarize the scope of impact, responsibilities, and how the position supports/contributes to the mission of the organization.

RES is responsible to independently manage a statewide leasing program that includes comprehensive planning and coordination with the Office of Financial Management (OFM).

This position is responsible for managing the real estate services operations and providing leasing services to state elected officials, state agencies, boards, commissions and educational institutions. Functions include comprehensive leasing transaction and architectural services, construction and property management, and the purchase or sale of state-owned properties. The RES Director strengthens the program through ongoing process improvement activities and strategic workload analysis and alignment with state and DES goals.

Activity benchmarking, transaction metrics and overall performance measurement are essential to ensure program credibility and reputation.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services

Assigned Work Activities (Duties and Tasks)Describe the duties and tasks, and underline the essential functions. Functions listed in this section are primary duties and are fundamental to why the position exists. For more guidance, see Essential Functions Guide.

The Director of RES maintains program oversight and provides guidance in the development of a business plan that most effectively uses staff allocated to the program and responds to client needs.

Positive relationships, both internal and external, as well as quality assurance are essential to program integrity.

Develops a workforce plan that anticipates the resources needed to accomplish the goals of the division. Represents DES with external client agencies, businesses, OFM and legislative branch. Develops strategic direction for the RES program and ensures exceptional service to its customers. Implements innovative ideas to streamline the business processes of the program. Plans, leads, organizes and manages the work expected of the organization. Assures appropriate and optimum use of the organization’s resources. Enhances the effectiveness of employees through timely appraisal and professional development opportunities. Maintains the highest standards of personal/professional and ethical conduct and supports the state’s goals for a

diverse workforce. Facilitates and maintains effective communications within the program, division and agency. Promotes customer service, inclusion, cooperation, safety, fairness and accountability. Creates an environment of continuous improvement, continually seeking to identify potential improvements and

using process improvement tools. Develops and implements strategic and business plans. Develops and monitors management reports and operational metrics in order to make recommendations for process

improvements and efficiencies to the Director.

Accountability – Scope of Control and Influence

Provide examples of the resources and/or policies that are controlled and influenced.Reporting to the Assistant Director of Facilities, the Director of RES is responsible for providing leadership to the RES program.

The Director of RES develops and directs statewide leasing management policies in collaboration with a broad stakeholder community that includes all state agencies, higher education, the Legislature, OFM, and private sector interest.

All planning and operational decisions for funding and implementing policies and procedures are made by the Director of RES in consultation with OFM and customer agencies. The Director of RES provides credible data for statewide leasing decision-making.

Budget decision packages and request legislation are prepared by the RES Director and reviewed by the Assistant Director and referred for approval by the Director, Deputies, CFO and Legislative Manager.

The RES Director exercises independent and collaborative decision-making for operations and management of the RES program and exercises signature authority for all leasing, property acquisition and disposal, and design work.

Director of RES:

Establishes a continuous learning organization;

Implements management systems that support the agency’s mission, goals, values and strategic action plan;

Assures a positive work environment;

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment –Director of Real Estate Services Values customers, partners and other stakeholders through continuous relationship management;

Develops, implements and manages customer education to assure that agencies benefit from timely and cost-effective lease outcomes;

Provides leadership and strategic direction in the application, development and implementation of enterprise-wide real estate transactional and design services for state agencies;

Develops and applies guidelines, policies and procedures to ensure compliance with regulations;

Maximizes the effective and appropriate use of human resources and creates a work environment that attracts and retains a highly skilled, well trained, diverse, motivated and productive workforce;

Engages employees in performance expectations and evaluation process;

Assures appropriate and optimum use of the organization’s resources and enhances the effectiveness of employees through continuous process improvement, timely opportunities; and

Participates fully in the opportunities and demands of a new organization including but not limited to creativity, innovation and excellence.

Describe the scope of accountability.The Director of RES is responsible for employee effectiveness, meeting productivity objectives and managing the program within available resources.

Describe the potential impact of error or consequence of error (impacts unit, division, agency, state).Failure to ensure timely lease negotiations can negatively impact client agencies ability to effectively house their employees and could potentially disrupt the delivery of essential state services. Careful planning and collaboration with OFM, customer agencies and stakeholders will ensure the policy and fiscal expectations are met.

Financial DimensionsDescribe the type and annual amount of all monies that the position directly controls. Identify other revenue sources managed by the position and what type of influence/impact it has over those sources.

Operating budget controlled. The Director of RES oversees 24 FTEs and an operating budget of $6.7 million per biennium.

Other financial influences/impacts. Ensure staffing levels align with financial capacity and projected revenue.

Provide recommendation that will positively influence the division financial position, operational efficiency, and achievement of DES goals.

Supervisory Responsibilities

Supervisory Position: Yes No If yes, list total full time equivalents (FTE’s) managed and highest position title.Positions that currently report to the Director of RES:(1) Leasing Operations Manager/WMS 2; (1) Design Manager/WMS 2; (1) Facilities Senior Planner; (2) Property & Acquisition Specialist 6; and (1) Management Analyst 4.

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Decision Making and Policy Impact

Explain the position’s policy impact (applying, developing or determining how the agency will implement).The Director of RES independently pursues and/or recommends policy considerations that support program improvements. The incumbent may also recommend policy opportunities that have statewide impact. Demonstrated leadership skills are critical in the decision-making required of this position. Knowledge and experience in operations and maintenance of facilities and real estate industry experience and knowledge of best practices are critical.

Is the position responsible for making significant recommendations due to expertise or knowledge? If yes, provide examples of the types of recommendations made and to whom. This position requires a high level of decision-making and has statewide influence. Requires operational, analytical skills, stakeholder management, and consistent use of independent judgment.

This position has significant agency responsibilities and interacts with all levels of the organization. The Director of RES must provide expert advice in real estate activities as well as play a key role in determining preferred and best sites for state facilities.

The Director of RES must be able to direct the daily activity of the program to ensure all new leases and lease renewals are executed well in advance of commitments or lease expiration dates.

Explain the major decision-making responsibilities this position has full authority to make.The Director of RES plans, coordinates, and executes strategic plans, and ensures performance is tracked and managed to an effective plan. The Director of RES ensures conformance to DES goals and completion of initiatives in the Strategic Action Plan.

Describe whether decisions are of a tactical or strategic nature and how decisions are made. For example, is there known precedent, is it somewhat unfamiliar, or unknown and unexplored?The Director of RES will evaluate current policy, make recommendations for new or updated policies and participate in division-wide priority setting and budget management for the RES program.

What are the risks or consequences of the recommendations or decisions?The decisions of the RES Director are critical to ensuring lease terms and rates are consistent with the market. In addition, decisions made by the Director of RES will be crucial to provide safe, efficient, and well maintained space for client agencies. Timely and consistent lease renewals will improve the state’s credibility with the market and establish an environment where DES can help reduce the overall cost of government. The risks of an inadequately managed program can result in inferior outcomes and a loss of confidence in the customer and decision-making communities.

Qualifications – Knowledge, Skills, and Abilities List the education, experience, licenses, certifications, and competencies.

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment – Assistant Deputy Director Real Estate Services

Required Education, Experience, and Competencies.Bachelor’s degree from an accredited college or university whose accreditation is recognized by the U.S. Department of Education or the Council for Higher Education Accreditation (CHEA) with major course work in real estate, economics, business or public administration or a closely related field.

AND

Five years of demonstrated responsible management leadership and experience in real property appraisal, acquisition, disposition and management as a unit supervisor or division manager. Professional experience can be substituted year for year for education.

Desired:In-depth understanding of private sector real estate market and related opportunities for the state.

Certified Commercial Investment Member (CCIM) or certification in architecture with practice in real estate.

A strong understanding of the leasing process including contracts and lease documents.

Proficiency in the Following Areas: Consultation – Uses a collaborative process, develops options, and advises internal staff and clients regarding

curriculum design and development, training needs, program improvements, leadership development, etc. Research and Analysis – Gathers, interprets, and synthesizes data in order to anticipate issues, trends, and service

demands to meet client needs. Program and Policy Development – Develops and implements strategies, policies, procedures, guidelines, and

other resources for various initiatives. Demonstrates success in working cooperatively and effectively with multiple, diverse stakeholders.

Analysis: Uses data and information to assess and understand issues, evaluate options, form accurate conclusions, and make decisions.

Creative and Innovative Thinking: Develops innovative ideas that provide solutions to all types of workplace challenges.

Organizational and Political Awareness: Uses knowledge and understanding of the organizational and political climate to make decisions and take actions that satisfy diverse interests and contributes effectively to organizational goals.

Budget Development and Monitoring: Experience preparing budgets for approval, including those for funding and implementation of programs. This includes directing and monitoring expenditures of department funds.

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Preferred/Desired Education, Experience, and Competencies.

Knowledgeable in:

Private and public sector real estate management.

Broad-base understanding of both private and public sector real estate conditions and implications to state government planning.

Expert knowledge of resource allocation, real estate management, state government structure and state policies, legislative process, and state and local government.

Must operate in a high exposure, rapidly changing environment. Plan and implement progressive programs; provide ongoing direction and guidance to program staff.

Demonstrated mastery of, or ability to be proficient in the eight statewide leadership competencies:

Accountability: Doesn’t attempt to diffuse blame for not meeting expectations, admits and learns from mistakes. Clearly sees the “bottom line” of customer expectations and ensures that work products meet that bottom line. Appropriately balances quality of work with ability to meet deadlines.

Adaptable to Change: Adapts easily to changing conditions and work responsibilities, anticipates and communicates possible changes. Sees different alternatives to reach a given end. Helps others cope with the ongoing demands of change and clarify priorities when leading change.

Communicates Effectively: Clearly and effectively communicates with individuals and groups, conveying thoughts concisely. Keeps supervisor and co-workers informed while sharing complete and accurate information with others to include staff and people outside the organization. Staff knows expectations and program/division/agency goals. Ability to interpret and communicate detailed and technical operational policy situations to all levels of the organization, both up and down the organization. Collaborates and listens.

Creative and Innovative Thinking: Sees opportunities for creative problem solving while staying within the parameters of good practice. Can discuss multiple aspects and impacts of issues and project them into the future, articulately painting credible pictures and visions of possibilities and likelihoods. Inspires co-workers to be creative and innovative. Links mission/vision/values to competencies. Stays focused on tasks in spite of distractions and interruptions and makes the best use of available time and resources.

Customer Focus: Knows his/her customers and can describe their expectations. Talks about public service responsibilities. Regularly follows up with customer to ensure needs have been fully met. Explains how actions directly affect customer satisfaction. Shares customer service lessons with others within the organization.

Ethics and Integrity: Maintains confidentiality and keeps promises and commitments made to others. Talks to others about the need for ethical behavior and doesn’t misrepresent him/her for personal gain. Follows through. Uses the public’s funds and resources appropriately.

Performance Leadership: Assures establishment and communication of strategies and goals always putting emphasis on state/agency goals over division or work group interests. Assures goal measurement and progress reporting. Clearly sets meaningful expectations and ensures all employees are given regular feedback on performance. Faces up to problems with people quickly and directly and effectively manages consequences when goals are achieved or not. Asks employees for quality improvements.

Results Orientation: Achieves extraordinary results by focusing on desired outcomes and how best to achieve them. Quickly senses what will help or hinder accomplishing a goal, responds to setbacks with renewed and increased efforts. Adapts to and positively deals with the stress of a high-paced work. Generates unique but workable and useful solutions to difficult problems. Meets productivity standards, deadlines and work schedules.

Safety: Understands, follows, and enforces agency safety policies and other standards established to maintain a

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State of Washington Department of Enterprise ServicesRFQQ No. 15-2200-ACCOTitle: Executive Recruitment – Assistant Deputy Director Real Estate Services

safe work environment. Identifies unsafe practices and develop strategies to minimize accidents or hazards within your program. Ensures reported injuries, accidents or hazards are investigated or reviewed. Report or address injuries, accidents or hazards immediately.

Strategic Vision: Communicates short and long-range goals.

Coaching and Mentoring: Enables co-workers to grow and succeed through feedback, instruction and encouragement.

Skills: Communicates effectively with a broad, diverse employee, management and customer base. Makes critical decisions in a “real time” environment to keep operations running smoothly. Works independently. Prioritizes balances and integrates multiple program elements; and develops and maintains cooperative relationships with a broad client base. Must operate effectively in a high exposure customer and legislative environment. Plans, develops and implements progressive programs; provides direction and guidance to direct reports and other program employees.

Special Requirements/Conditions of EmploymentList special requirements or conditions of employment beyond the qualifications above.

Working Conditions

Work Setting: Works in an indoor office environment with other managers and staff members. Position’s assigned duty station is in Olympia, Washington. Work is performed almost exclusively indoors in an office environment.

Schedule (i.e., hours and days): Incumbent is expected to schedule their time within a typical 40 hour work week. However, incumbent is expected to adjust schedule and work additional unscheduled hours as needed to meet business demands. Required to work the hours necessary to best serve the client/public; general availability on a 24/7 basis.

Travel Requirements: Position requires infrequent (10% or less) travel to locations to meet with managers or employees, attend or provide training. Rare but occasional travel could be necessary.

Tools and Equipment: Office duties require use of standard office furniture and equipment (desks, files, cabinets, computer, phone, fax machine and copy machines, etc).

Customer Relations: Understanding of complex stakeholder environment. Requires frequent contact with customers (agency managers, supervisors, employees, and external staff). Incumbent must be skilled in diffusing difficult situations and influencing a productive and respectful office environment.

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Other: During a recognized emergency, duties may be different from normal duties, and would be temporary in nature, lasting only as long as necessary to resume normal operations.  May be required to perform the following during a recognized emergency/disaster:

Report for duty on short notice for a specified timeframe. Report to duty outside of normally scheduled work hours and work days. Report to a duty station that is different from the official duty station.

Acknowledgement of Position DescriptionThe signatures below indicate that the job duties as defined above are an accurate reflection of the work performed by this position.

Date:     

Supervisor’s Signature (required):     

Date:     

Appointing Authority’s Name and Title:     Signature (required):     

As the incumbent in this position, I have received a copy of this position description.

Date:     

Employee’s Signature:      

Position details and related actions taken by Human Resources will be reflected on the Position Evaluation Summary form.

End of Document

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