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R - Non-Responsive Part 1.pdf

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Washington

State
liquor
Control Board
February 22,
2013
Derek Cronkhite
Advanced Canna LLC
1059 108 ’ h Ave NE
Suite 3
Bellevue,
W A 98 004
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) 1(430,
Initiative 502
Consulting
Services
Dear Mr.
Cronkhite,
This letter is to inform
you
that Advanced Canna LLC’ s
response
to
Request
for
Proposals (RFP)
K430
has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2 ofRFP
K430, Preparation
of
Proposals,
states in
part:
"...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposer from
f
lrther
participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
The Non-Cost
Proposal
submitted
by
Advanced Canna LLC is
vague
and
incomplete,
and
therefore unable to be evaluated in accordance with the
requirements
ofRFP K430. Advanced Canna
LLC is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98 504-3090, (360) 664-1600, www.liq.wa.gov
00005402
Washington
State
liquor
Control Board
February 22,
2013
Derek Cronldlite
Advanced Canna LLC
1059 108 ’ h Ave NE
Suite 3
BelJevue,
W A 98 004
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502 Consult
ng
Services
Dear Mr.
Cronkhite,
This letter is to inform
you
that Advanced Calma LLC’ s
response
to
Request
for
Proposals (RFP)
K430
has been
rejected
because it faned to conform to RFP
requirements.
Section 3.2 ofRFP
K430, preparation
of
Proposals,
states in
palt:
""
.Incomplete or
vague responses may
be considered
non.responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualij
the
ProposerFol1l
jilr/ her participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complcte.
The Non.Cost
Proposal
submitted
by
Advanced Canna LLC is
vah>ue
ancl
incomplete,
and
therefore unable to be evaluated in accordance with the
requirements
ofRFP K430. Advanced Canna
LLC is thus deemed
non.responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
b\lsiness with the
Wasrungton
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
t’ ee to eontact me
by phone at
(360)
664.4526 or email at
jsf@liq.wa.gov.
a
J 111
Farley
0:Jt.7
Procurement
coordie
cc: K430 Contract file
3000 Pacific Ave. SE,
PO Box
43090, Olympia
WA
98 504-3090, (360) 664,1600, www.liq.wa.gov
00005403
Stocker. Marlie
From:
Sent:
To:
Subject:
Attachments:
.
K430
Frid ay , February 22, 2013 3:41 PM
Derek Cronkhite
(ircsound @y ahoo.com)
WSLCB RFP K430 -
Rejection
Notification
K430_Ad vanced
Canna_Rejection Letter.p d f
Good
Afternoon,
Thank
y ou
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accord ance with the attached
letter,
the WSLCB must
reject y our resp onse.
Thank
y ou
for
y our
interest in
d oing
business with the
Washington
State
Liquor
Control Board . Please feel free to contact
me if
y ou
have
any questions or need ad d itional information.
Thank
y ou,
John
Farley
Procurement Coord inator
K430@lig.wa.gov
1
00005404
Washington
State
Liquor
Control Board
February 22,
2013
Derek Cronkhite
Advanced Canna LLC
1059108’" Ave NE
Suite 3
Bellevue,
W A 98004
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430, Initiative 502
Consulting
Services
Dear Mr.
Cronkhite,
This letter is to inform
you
that Advanced Canna LLC’s
response
to
Request
for
Proposals (RFP)
K430
has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2 ofRFP K430, Preparation
of
Proposals,
states in
part:
"...Incomplete
or
vague responses may
be considered
non- re.i- pomive
and
may
be
rejected.
Failure
to
complete
and submit the
requi:red
items listed in this seclion
1n< I.Y disqualifY
the
Proposerfrom
ji/ rtller participation
in this RFP...
"
It is the sole
rcsponsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
The Non- Cost
Proposal
submitted
by
Advanced Camla LLC is
vague
and
incomplete, and
therefore unable to be evaluated in accordance with the
requirements
ofRFP K430. Advanced Camla
LLC is thus deemed
non- responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the Wasl
ngton
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664- 452.6 or email at
jsf@lq.wa.gov.
~
J
lFarley
~
Procurement
coordi~r
cc: K430 Contract me
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504- 3090, (360) 664- 1600, www.liq.wa.gov
00005405
PROPOSER’S AUTHORIZED OFFER
(pROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element of the
Response,
to which it is
attached, affirming
the truthfulness ofthe facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
I. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any
consultation, communication, or agreement
with
any
other offeror or competitor relating
to
(i)
those
prices, (ii)
the intention to submit an ofter, or
(iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly or
indirectly,
to
any
other
offeror or competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be
made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting
competition. However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting
a single
Proposal.
2. The attached
Response
is a firm offer for a
period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where obviously required by
lack of
cm1ainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days
or until the
protest
and
any
related court action is
resolved,
whichevel’is later.
3. In
preparing
this
Response,
we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this solicitation, or
prospective Contract,
and who was
assisting
in other than his
01’ her
official, public capacity.
Neither does such a
person
nor
any
member of his 01’ her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedure~
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify
our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [ 01’ substantially
similar
terms],
if selected
as a contractor. It is further understood that our standard contract will not be considered as a replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one) are / are not
submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions ofthe solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, con ’! ions. and
specifications
contained in this solicitation.
9.
Proposer
has
a
and tlnd
eqll retnents
of the WSLCB set forth in and
pertaining
to Initiative 502.
The s:
..
lore~ .
.
IS ill e/; s
the
authority
to bind
the.
company.
name.d
below to the
Proposal
submitted and
any
’outra"! w cd
Ie;
0 h’
~ _
lcitatio! l.
~
,^, ’" -"-
/}.
’LLLL
~ ~ ~
Ja-&! 3
ate
RFP K430 Submittal Document
2
00005406
00005407
SUBCONTRACTOR INFORMATION
lie ble I
o Your firm intends on
utiliz ing
subcontractors to fulfill the service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
hislher own
employees
carried
on
payroll
or
by using approved
subcontractors. Where subcontractors are used in the
performance
of the
contract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed
or not
perfOlmed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
the Contractor.
If revisions are
required
in the subcontract
assig nment, new parties are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perform
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
performed, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1 Subcontractor 2
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:’
FedID:
Fed.ID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified:
_Yes _No
OMWBE certified:
_Yes ....~No
Subcontractor 3 Subcontractor 4
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
FedID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified:
-
Yes
_No
OMWBE certified:
_Yes
No
RFP K430 Submittal Document
5
00005408
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
ofthis RFP. However, Proposers
are encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table I
!!!
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly Rate!!!
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
ofthis
RFP,
one
day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
language
when
preparing
tlieir
response.
A link to the 1-
502 document is located in
Appendix
B of the RFP for
Proposer’s
convenience.
Table l’ Hourlv Rate
Description
Not-ta-Exceed
(NTE) Honrly
Rate for 1-502
Consulting Services as stated in this RFP
NTE Honrly Rate
$
; 7 500
plhour
Table 2’ Dailv Rate
.
Descril!tion
NTE Daily Rate
.
Not-to-Exceed
(NTE) Daily
Rate for 1-502
$
~/day
Consulting Services as stated in this RFP
RFP K430 Submittal Document
9
00005409
Advanced Canna LLC.
Derek Cronkhite
1059 108th Ave NE #3
Bellevue,
WA. 98004
425-241-7383
ircsound@yahoo.com
February 14,
2013
Dear
W.S.L.C.B,
My
name is Derek Cronkhite. I am the President and
Chairman of Advanced
Canna,
LLC.
,
a
nonprofit
organization
called Cannabis
Washington,
and Cannabis
Research
GroupLLC.
I am
writing
to
you today
to ask to be considered for
consulting position
number
one, product
and
industry
knowledge,
in the RFP
you
have
posted,
I believe it is K430.
There is no
way I,
or
anyone,
could describe in two
pages
or less how to
grow
or infuse cannabis. Please refer to
Google
or Ed Rosenthal’s book for basic
knowledge.
My experience spans
20
years
I have
knowledge
of
manufacturing, production, processing.
I have current
knowledge
of the
retail, medical,
and black markets. Lets
just say
I know this market
very, very,
well. I have
experience
with all
types
of cannabis
cultivation,
from dirt
production
Indoors and outdoors to
Hydroponics, Aeroponics
Deepwater
Culture and Tissue Culture. I
produce my
own
cannabis infused
products
such as
beverages,
oils such as
olive
oil, peanut oil,
canola
oil,
and also infused
vegetable
glycerin
for the
manufacturing
of candies. I also
manufacture
my
own
kief, my
own cold water extracted
hash,
and other
types
of extracts from cannabis. I’m also
capable
of
making
creams and lotions with the CBD
materials from cannabis in order to cure
pain,
or cause a
relief of
pain,
for certain
people.
To me cannabis
production
is science with soul. I am an
encyclopedia
of cannabis
knowledge,
and I have the
experience
to match
my knowledge.
I am a master
grower.
I
am
knowledgeable on costs to
produce;
strain
variables,
lighting,
and environmental needs. I have
knowledge
of
00005410
operational design
from the
ground up,
and
proven
successful nutrient
formulas, as well as I manufacture
my
own
organic spider
mite control
products. Spider
Mites are
the number one
predator
to cannabis
crops
worldwide.
It is
my understanding
that the state is
seeking
a
consultant for the
purpose
of
describing
the
marketplace,
production
methods
necessary
to make
cannabis,
the time
frames,
the actual
returns,
and to
help project
the future of
the cannabis trade in
Washington.
I believe it is referred to
as Product and
Industry knowledge.
I
specialize
in and I’ve dedicated the last 20
years
as I
previously
stated to
making
sure that I am at the forefront
of the science of cannabis and at the forefront of the
market.
My companies
aim to manufacture the
highest-
quality
cannabis
possible medically,
and with
your
co-
operation, recreationally.
I have been a medical
patient
since 1998. I have been a caretaker for several medical
cannabis
patients.
I am
legally
blind in one
eye
and have
amblyopia
strabismus.
My
mother has
Multiple
Sclerosis and
my
father died when I was a child due to
complications
from
Vietnam. Cannabis is and will
always
be
my passion
and
source of revenue one
way
or another. I am a
high IQ
(150+) visionary.
I have the
experience necessary,
the
knowledge,
and
the time to dedicate to
making sure that this law is
formulated
correctly.
Please consider
my application
and the
included 25
points
that I believe the state should consider in
their
legalization process.
Thank
you
for
your
time and
consideration. If
you
would like to know
why
I am more
qualified
than other
applicants please
feel free to contact
me. You will find
my honesty, understanding, cooperation,
skill
set,
and
knowledge
a
refreshing
alternative to the
many
applicants
that will tell
you they
know
something they
don’t
just
to
get your money.
Have a nice
day.
....
00005411
25
points
for WSLCB to consider
By
Advanced Canna
1. Make Reasonable Rules
People
Will Follow
520
bridge
revenue
from toll is not what
expected
2. Law Must Be
Simple
and Profitable:
.
No
plant
limit.
Taxed on
gram
sale
price
means tax on
expenses.
No one ounce limit.
Guns, Alcohol,
and Tobacco have no restrictions
for amounts that can be
purchased.
Also one ounce limit limits state
revenue.
3.
Legal
is
Legal
Restrictions
stop profit
for the State
-
and
GrowerfProcessorlRetailer.
4. Costs To Manufactm’e Cannabis Varies
Depending
On:
Quality
Quantity
.
Skill Level of Grower
Production Methods
Each Strain has different needs.
5. Out of State Cannabis:
How can it be
stopped?
It can’t.
Consumer tax like
liq uor
is the
only
way
to insure all cannabis sales
are taxed and
legal.
Enforcement costs are
necessary
to
protect
W A state
growers
and to
stop
out of state cannabis sales in W A.
Licenses must
only
be issued to W A State residents of more than 5
years.
6. All Other Laws Must Be Followed:
Discrimination
Eq ual rights
Any
resident that
q ualifies,
as a
legitimate
business or
co-op grower
should be allowed to be licensed.
7. Growers Sell
By
The Pound Not Gram
00005412
8. IRS Deductions:
Taxes &costs with out deductions
equal
failed
businesses,
No State
revenue.
9. Enforcement Is The
Key
To Successful
Legalization
If the state limits
growers
and their
production
then the state must
provide
insurance to licensees that
they
will enforce the law. How is
this
possible? People
believe it is
legal. They
will
grow
with or
without a license. This increases enforcement needs not eliminates
them and it lowers revenue for WA State.
Limiting
the number of
licenses is
wrong.
Without enforcement the Black Market will flourish without
paying
license fees or taxes.
10. Growers Must.Be
Priority
.
.
Without their success there is no revenue for the state.
11. Economics
Corp
Tax
35%, State 25%, Expenses
30% =90% in
costs,
that’s a
10%
profit
tor
a
corporate
structured business. No
corporation
will
operate
like that.
Banks refuse to
give
accounts to cannabis businesses so it is
impossible
to track
revenue that can’t be banked or for taxes and
deductions to be
paid
to and received
by
the IRS.
12. WSLCB Name
Change
Agriculture Dept.
Must Be Involved
13. Tax Consumer Like
Liquor.
Wholesale Tax Is
Stifling
Gives
point
of
purchase
for all Cannabis WA
grown
or not.
Gives record of all sales. Wholesale that is
impossible.
.
This is a farmed, expensive
to
produce,
time
consuming
crop.
Could
tomatoes farmers sUlvive with wholesale tax? Or if
they
weren’t
allowed to sell their
own
product
to the
public,
or allowed to
only
sell
them in limited numbers?
14. Wholesale Tax Drives Prices
Up
And Allows Black Market To Flourish
15. With
Currently Suggested
License’s Producer Cannot Retail
Why
do I need three licenses? I do them all.
.
Producers must be allowed to retail their
own
product.
00005413
.:
Farmers sell their
own
products everyday.
16. Processor Makes Most Profit In State Model
Wrong.
Producers must
always
make the most for the survival of the
industry legally.
Processor Irrelevant. Most
producers
also will
process.
Producers must
always
be considered vital to the
success of,
and the
basis
of,
the entire revenue stream.
Supply
then demand.
Packaged
cannabis has a shorter shelf life. It is more
likely
to mold
and not "cure".
Packaging
should be done
by
retailers.
Processor is irrelevant for flower Cannabis sales
-
only
for
extracts,
foods, oils, creams.
18. Most
People Buy
Cannabis From A Friend
This is
unlikely
to
change
with
higher prices,
because of
taxation,
at
legal
cannabis retailers.
Without enforcement the Black Market will flourish without
paying
license fees or taxes.
19. Federal Law
-
99 Plants
Impossible
To Profit with
plant limits,
and one ounce sale limit
Supply
& Demand can
only
be fulfilled
by allowing
all
rightful
applicants
to be licensed. Otherwise the black-market and out of state
cannabis will continue to dominate the revenue stream.
.
20. License
Lottery
Or Ridiculous
Screening
Process
Stops
Sate Revenue
And Discriminates
Against People
Who
Currently
Grow and Seek to
Legitimize
21.
Testing
Is A Revenue Killer And Unneeded
Expense
For State
Retailers will test
anyway.
Tests don’t show
q uality.
THC content is
only
valid if the THC is all active. Inactive THC
produces
no effect.
22. Black Market Will Continue
Why
would
someone
pay
more for cannabis because it’s
legal?
.
Without enforcement
they
will flourish without
paying
license fees or
taxes.
00005414
23. State Revenue
Limiting
The Number Of Licenses to 100 is
equal
to
$125,000
in
license fees for WA. Not
Exactly
A Fortune. Hire An Accountant
24.
Forcing
Sales At Cannabis
Only
Stores
This is
discrimination,
alcohol is sold at
Safeway,
Costco etc. Guns
are sold at WaIMart.
25.
People
Will Grow
Legal
Or Not
00005415
Stocker. Marlie
From:
Posted At:
Conversation:
D Cron
<ircsound@yahoo.com>
Friday, February 15,
2013 12:54 PM
1-502
proposal
K430 Advanced Canna
Subject:
1-502
proposal
K430 Advanced Canna
DearWSLCB,
Attached is
my proposal
for
K430,
I-502
consulting position
#1
Thank
you,
Derek Cronkhite
425-241-7383
ircsound@yahoo.com
1
00005416
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consultiug
Services -RFP K430
Issued b y the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element of the
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
\. The
prices
in this
Response
have b een arrived at
independently , without,
for the
purpose
of
restricting competition,
any
consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to sub mit an offer, or
(iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not b een and will not b e
knowingly
disclosed
b y
the
offeror, directly
or
indirectly ,
to
any
other
offeror or
competitor
b efore Contract award unless otherwise
required b y
law. No
attempt
has b een made or will b e
made
b y
the offeror to induce
any
other concern to sub mit 01’ not to sub mit an offer for the
purpose
of
restricting
competition. However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting a single
Proposal.
.
2. The attached
Response
is a firm offer for a period
of 120
day s following
the
Response
Due Date
specified
in the
RFP,
and it
may
b e
accepted b y
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
ob viously required b y
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
ofprotes!,
our Response
will remain valid for 180
day s or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
tb is
Response,
we have not b een assisted
b y any
current or former
employ ee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, pub lic capacity .
Neither does such a
person
nor
any
memb er of his or her immediate
family
have
any
financial interest in the outcome of tb is
Response. Any exceptions
to tb ese assurances are to b e describ ed. in full
detail on a
separate page
and uttached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimb urse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
b ecome the
property
ofthe
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Sub mission of the attached
Respons
constitutes an
acceptance
of the evaluation criteria and an
agreement
to ab ide
b y
the
procedure~
and all
other administrative
requirements
describ ed in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Sub mission of a Response
and execution of this Certifications and Assurances document
certify our willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or sub stantially
similar terms
1,
if selected
as a contractor. It is further understood that our standard contract will not b e considered as a
replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one) are / are 1I0t
sub mitting proposed
Contract
exceptions.
7. The autb orized
signatory
b elow
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
sub mitting
and
fulfilling
the offer made in its
Proposal.
8.
By sub mitting
this
Proposal, Proposer hereb y
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, con dons.
and
specifications
contained in this solicitation.
9.
Proposer
has Hand unde
quirements
of the WSLCB set forth in and
pettaining
to Initiative 502.
The s’ I to Is I at s
the
authority
to b ind the
company
named b elow to the
Proposal
sub mitted and
any
onlract w!ed. eSlO ,citation.
~~~~
L lL
.i; ; -&
; 3
Title ate
RFP K430 Sub mittal Document
2
00005417
00005418
SUBCONTRACTOR INFORMATION
lieablc bel":
o Your firm intends on utiliz ing
subcontractors to fulfill tbe service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
hislher own
employees
carried
on
payroll or
by using approved
subcontractors. Where subcontractors are used in the
performance
of the
contract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
the Contractor.
If revisions are
required
in the subcontract
assig nment, new parties are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read, the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perform
services in fulfillment of
contract requirements, including
their
name,
the nature of services to be
performed, address, telephone,
facsimile, email,
federal ta" identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1 Subcontractor 2
Name: Name:
Serv s: Services:
Address: Address:
Telephone Telephone:
Ema : Ema :
Fed lD: FedlD:
UBI: UBI:
Work to be Work to be
Pelformed: Performed:
OMWBE certified:
_Yes _No
OMWBE certified:
_Yes _No
Subcontractor 3 Subcontractor 4
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Ema : Ema :
Fed lD: FedlD:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified:
-
Yes
_No
OMWBE certified:
-
Yes No
_...._-
RFP K430 Submittal Document
5
00005419
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table I
!!!
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly Rate!!!
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
of this
RFP,
one day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
language when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B oflbe RFP for
Proposer’s
convenience.
Table l’ Honrlv Rate
Descriotion
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
Consulting Services as stated in tbis RFP
NTE Hourlv Rate
$
50
p/hour
Table 2’ Dailv Rate
Descriotion
Not-to-Exceed
(NTE) Daily
Rate for 1-502
Consulting Services as stated in this RFP
NTE Dailv Rate
$
l~ /day
Rli’P K430 Submittal Document
9
00005420
Advanced Canna LLC.
Derek Cronkhite
1059 108th Ave NE #3
Bellevue,
WA. 98004
425-241-7383
ircsound@yahoo.com
February 14,
2013
Dear
W.S.L.C.S,
My
name is Derek Cronkhite. I am the President and
Chairman of Advanced
Canna,
LLC.
,
a
nonprofit
organization
called Cannabis
Washington,
and Cannabis
Research
Group
LLC.
I am
writing
to
you today
to ask to be considered for
consulting position
number
one, product
and
industry
knowledge,
in the RFP
you
have
posted,
I believe it is K430.
There is no
way I,
or
anyone,
could describe in two
pages
or less how to
grow
or infuse cannabis. Please refer to
Google
or Ed Rosenthal’s book for basic
knowledge.
My experience spans
20
years
I have
knowledge
of
manufacturing, production, processing.
I have current
knowledge
of the
retail, medical,
and black markets. Lets
just
say
I know this market
very, very,
well. I have
experience
with all
types
of cannabis
cultivation,
from dirt
production
indoors and outdoors to
Hydroponics, Aeroponics
Deepwater
Culture and Tissue Culture. I
produce
my
own
cannabis infused
products
such as
beverages,
oils such as
olive
oil, peanut oil,
canola
oil,
and also infused
vegetable
glycerin
for the
manufacturing
of candies. I also
manufacture
my
own
kief, my
own cold water extracted
hash,
and other
types
of extracts from cannabis. I’m also
capable
of
making
creams and lotions with the CSD
materials from cannabis in order to cure
pain,
or cause a
relief of
pain,
for certain
people.
To me cannabis
production
is science with soul. I am an
encyclopedia
of cannabis
knowledge,
and I have the
experience
to match
my knowledge.
I am a master
grower.
I
am
knowledgeable on costs to
produce, strain
variables,
lighting,
and environmental needs. I have
knowledge
of
00005421
operational design
from the
ground up,
and
proven
successful nutrient
formulas, as well as I manufacture
my
own
organic spider
mite control
products. Spider
Mites are
the number one
predator
to cannabis
crops
worldwide.
It is
my understanding
that the state is
seeking a
consultant for the
purpose
of
describing
the
marketplace,
production
methods
necessary
to make
cannabis,
the time
frames,
the actual
returns,
and to
help project
the future of
the cannabis trade in
Washington.
I believe it is referred to
as Product and
Industry knowledge.
I
specialize
in and I’ve dedicated the last 20
years
as I
previously
stated to
making
sure that I am at the forefront
of the science of cannabis and at the forefront of the
market.
My companies
aim to manufacture the
highest-
quality
cannabis
possible medically,
and with
your
co-
operation, recreationally.
I have been a medical
patient
since 1998. I have been a caretaker for several medical
cannabis
patients.
I am
legally
blind in one
eye
and have
amblyopia
strabismus.
My
mother has
Multiple
Sclerosis and
my
father died when I was a child due to
complications
from
Vietnam. Cannabis is and will
always
be
my passion
and
source of revenue one
way
or another. I am a
high IQ
(150+) visionary.
I have the
experience
necessary,
the
knowledge,
and
the time to dedicate to
making
sure that this law is
formulated
correctly.
Please consider
my application
and the
included 25
points
that I believe the state should consider in
their
legalization
process.
Thank
you
for
your
time and
consideration. If
you
would like to know
why
I am more
qualified
than other
applicants please
feel free to contact
me. You wiU find
my honesty, understanding, cooperation,
skill
set,
and
knowledge
a
refreshing
alternative to the
many
applicants
that will tell
you they
know
something they
don’t
just
to
get your money.
Have a nice
day.
00005422
25
points
for WSLCB to consider
By
Advanced Canna
1. Make Reasonable Rules
People
Will Follow
520
bridge
revenue from toll is not what
expected
2. Law Must Be
Simple
and Profitable:
.
No
plant
limit.
Taxed on
gram
sale
price
means tax on
expenses.
No one ounce limit.
Guns, Alcohol,
and Tobacco have no restrictions
for amounts that can be
purchased.
Also one ounce limit limits state
revenue.
3.
Legal
is
Legal
Restrictions
stop profit
for the State
-
and
GrowerlProcessor/Retailer.
4. Costs To Manufacture Cannabis Varies
Depending
On:
Quality
Quantity
Skill Level of \Jfower
.
Production Methods
.
Each Strain has different needs.
5. Out of State Cannabis:
How can it be
stopped?
It can’t.
Consumer tax like
liq uor
is the
only way
to insure all cannabis sales
are taxed and
legal.
Enforcement costs are
necessary
to
protect
W A state
growers
and to
stop
out of state crumabis sales in W A.
Licenses must
only
be issued to W A State residents of
more than 5
years.
6. All Other Laws Must Be Followed:
.
Discrimination
Eq ual rights
Any
resident that
q ualifies,
as a
legitimate
business or
co-op grower
should be allowed to be licensed.
7. Growers Sell
By
The Pound Not Gram
00005423
8. IRS Deductions:
Taxes &costs with out deductions
equal
failed
businesses,
No State
revenue.
9. Enforcement Is The
Key
To Successful
Legalization
If the state limits
growers
and their
production
then the state must
provide
insurance to l
censees that
they
will enforce the law. How is
this
possible? People
beleve it is
legal. They
will
grow
with or
without a license. This increases enforcement needs not eliminates
them and it lowers revenue
for WA State.
Limiting
the number of
licenses is
Wrong.
Whout enforcement the Black Market will flourish without
paying
license fees or taxes.
10. Growers Must Be
Priority
Without their
success there is no revenue for the state.
11. Economics
Corp
Tax
35%,
State
25%, Expenses
30%
=
90% in
costs,
that’s
a
10%
profit
for a
corporate
structured business. No
corporation
will
operate
like that.
Banks refuse to
give
accounts to cannabis businesses so it is
impossible
to track revenue that can’t be banked
or for taxes and
deductions to be
paid
to and received
by
the IRS.
12. WSLCB Name
Change
Agriculture Dept.
Must Be Involved
13. Tax Consumer Like
Liquor.
Wholesale Tax Is
Stifling
Gives
point
of
purchase
for all Cannabis W A
grown
or not.
Gives record of all sales. Wholesale that is
impossible.
This is
a farmed, expensive
to
produce,
time
consuming crop.
Could
tomatoes farmers survive with wholesale tax? Or
ifthey
weren’t
allowed to sell their own
product
to the
public,
or allowed to
only
sell
them in limited numbers?
14. Wholesale Tax Drives Prices
Up
And Allows Black Market To Flourish
15. With
Currently Suggested
License’s Producer Cannot Retail
Why
do I need three licenses? I do them all.
Producers must be allowed to retail their own
product.
00005424
Farmers sell their own
products everyday.
16. Processor Makes Most Profit InState Model
Wrong.
Producers must
always
make the most for the survival of the
industry legally.
Processor Irrelevant. Most
producers
alsowill
process.
.
Producers must
always
be considered vital tothe
success of,
and the
basis
of,
the entire revenue stream.
Supply
thendemand.
Packaged
cannabis has a shorter shelf life. It is more
likely
tomold
and not "cure".
Packaging
should be done
by
retailers.
Processor is irrelevant for flower Cannabis sales -
only
for
extracts,
foods, oils, creams.
18. Most
People Buy
Cannabis From A Friend
This is
unlikely
to
change
with
higher prices,
because of
taxation, at
legal
cannabis retailers.
Without enforcement the Black Market will flourish without
paying
license fees or taxes.
19. Federal Law
-
99 Plants
Impossible
ToProfit with
plant limits,
and one ounce sale limit
Supply
&Demand can
only
be fulfilled
by allowing
all
rightful
applicants
tobe licensed. Otherwise the black-market and out of state
cannabis will continue todominate the revenue stream.
20. License
Lottery
Or Ridiculous
Screening
Process
Stops
Sate Revenue
And Discriminates
Against People
Who
Currently
Growand Seek to
Legitimize
21.
Testing
Is A Revenue Killer And Unneeded
Expense
For State
Retailers will test
anyway.
Tests don’t show
q uality.
THC content is
only
valid if the THC is all active. Inactive THC
produces
noeffect.
22. Black Market Will Continue
Why
would
someone
pay
more for cannabis because it’s
legal?
Without enforcement
they
will flourish without
paying
license fees
or
taxes.
00005425
23. State Revenue
Limiting
The Number Of Licenses to 100 is
equal
to
$125,000
in
license fees for WA. Not
Exactly
A Fortune. Hire An Accountant.
24.
Forcing
Sales At Cannabis
Only
Stores
This is
discrimination,
alcohol is sold at
Safeway,
Costco etc. Guns
are sold at WalMart.
25.
People
Will Grow
Legal
Or Not
00005426
Washington
State
Liquor
Control Board
February 25,
2013
Aaron J. Matlewski
838 Zinnia Cir.
Henderson,
NV 89015
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Matlewski,
Tins letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to confonn to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
" ...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rqjected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposer from
j
trther
participation
in this RFP...
..
It is the sole
responsibility
of the
Proposer
to understand the RFP
reqt~ irements
and ensure their
Proposal
is
complete.
Mr. Matlewski failed to
complete
and submit the
following reqnired
items in
response
to
Rl’P K430:
Proposer’s
Authorized
Offer, Proposer Information, Subcontl’actor
Information, Letter of
.Snbmittal, Non-Cost
Proposal
and Cost
Proposal.
Mr. Matlewski submitted an incomplete
and
vague
response
and is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doillg
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone at
(360)
664.4526 or email
atjsf@liq.wa.gov.
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005427
Washington
State
Liquor
Control Board
February 25,2013
Aaron J. Matlewsld
838 Zinnia Cir.
Henderson,
NY 89015
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Matlewski,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Prepara!on of
Proposals,
states in
part:
"...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualif
the
Proposer from
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
Mr. Matlewski failed to
complete
and submit the
following required
items in
response
to
RFP K430:
Proposer’s
Authorized
Offer, Proposer Information,
Subcontractor
Information,
Letter of
Submittal,
Non-Cost
Proposal
and Cost
Proposal.
Mr. Matlewski submitted an
incomplete
and
vague
response
and is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005428
Stocker. Marlie
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 11:34 AM
’Iifesevidence@yahoo.com’
WSLCB RFP K430 -
Rejection
Notification
K430_Aaron
Matlew ski_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance w ith the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business w ith the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.w a.gov
1
00005429
Washington
State
Liquor
Control Board
F
ebmal’y 25, 2013
Aaron J. Matlewski
838 Zinnia Cir.
Henderson, NV 89015
Subject: Rejectiou
of
Response
to
Washingtoll
State
Liquor Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Matlewski,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to confonn to RFP
requirements.
Section
3.2, Preparation
of
Proposals, states in
part:
"".Incomplete or
vague responses may
be considered
l1ol1"responsive
and
may / le r~ iected.
Failure
to
complete
ane! submit the
required
items fisted in this section
may disqualifY
the
Proposer fi’om
ji,rther participation
in this RFP".
"
It is the sole
responsibility
of the
Proposer
to underst,md the RFP
requirements
and ensure their
Proposal
is
complete.
Mr. Matlewski failed to
complete
and submit the
following required
items in
response
to
RFP K430:
Proposer’s Authorized Offer, Pt’oposet Information, Subcontractor Infonnat
oll,
Letter of
Submittal, Non-Cost
Proposal
and Cost
Proposal.
Mr. MatIewski submitted an
incomplete
and
vague
.
response
and is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
ThaUk
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone at
(360)
664-4526 01’ email at
jsf@liq.wa.gov.
Sincerely,
-
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa,gov
00005430
Stocker. Marlie
From:
Posted At:
Conversation:
AJ Matlewski
<Iifesevidence@yahoo.com>
Thursday, February 14,
2013 7:30 PM
i-502
Implementation
Bid
Subject:
i-502
Implementation
Bid
Procurement Coordinator
Washinton State
Liquor
Control Board
3000 Pacific Ave
Olympia
W A 98504
K430@lig.wa.gov
Aaron J. Matlewski
838 Zinnia Cir.
Henderson NV 89015
lifesevidence@yahoo.com
(702)
374-8702
February 14,2013
Dear Procurement
Coordinator,
Please find attached
my
bid for
WSLCB,
1-502
Implementation.
I understand that the decision will be made on
March
4,2013
and announced on March
5,
2013 via WSLCB listserv. I know I would be the best candidate for
the 1-502
Consulting position,
and I look forward to
hearing
from
you.
Sincerely,
Aaron’Aj’Matlewski
Statement of
Confidentiality:
The contents of this e-mail
message
and
any
attachments are confidential and are intended
solely
for the
addressee. The information
may
also be
legally priviledged.
This transmission is sent in
trust,
for the sole
purpose
of
delivery
to the intended
recipient.
If
you
have received this transmission in
error, any use,
reproduction,
or dissemination of this transmission is
strictly prohibited.
If
you
are not the intended
recipient,
please immediately notify
the sender
by reply
e-mail or
phone
and delete this
message
and its
attachments,
if
any.
1
00005431
WASHINGTON STATE
LIQUOR
CONTROL BOARD
1-502 IMPLEMENTATION
RQUEST
FOR PROPOSALS
(RFP)
Product and
Industry Knowledge
I have an extensive amount of
experience
with
marijuana (cannabis). My
thirteen
years
of
experience
includes
smoking, selling, transporting, marketing
and
recipes
for the use of
every part
of the
plant
to make various concoctions. I intend to
prove
to
you
that I would be the best candidate to
help
make the
Washington marijuana program
the best it can be.
My passion
revolves around the one plant
that our
body
reacts to
naturally
and
truly helps
it heal.
My experience
includes
selling
on the streets of Las
Vegas, Nevada, growing
on a legal
cannabis
farm and
working
in a legal
collective in California.
Running
cannabis under the radar of the
laws, taught
me more about
proper
business
techniques,
financial
etiquette,
and
satisfying
customers while
working
in
a
constantly fluctuating
market than I could’ve ever learned in a classroom.
I started small and worked
my way up
to
supplying
three
major
cities. I had a small crew that I
ran as a business and I
taught
them
loyalty
and
integrity.
Within the
business,
I maintained an
organized
way
to
package,
conceal and
keep
the
product
fresh for the client so
they never received a product
that is
below
exceptional
and the client also remained safe.
I have been able to utilize the Medical
Marijuana program
for
my
own benefit due to
pain
from a
major injury
from an automobile accident. I had to learn how to hide in
plain sight
and remain out of
trouble with the law. After thirteen
years,
I have never received
any waming,
citation or
charges
regarding
the
use, possession
or intent to sell cannabis. The
only way
to
change people’s
minds about
cannabis
being a drug
is to treat it like a business and run it as such.
I have
grown
cannabis on a
legal
outdoor farm and various indoors
grow
rooms that consist of
one closet to a warehouse. I can maintain
specific
strains of
marijuana
and have
experience
with cross
pollinating
and
mixing
the strains. I have
grown
and dealt with over 150 strains and have the
knowledge
ofthe different needs each strain
requires
from nutrition to environments. In
eight
to twelve
weeks, you
will have
glorious plants
that are ready
for the final
stages. Harvesting, trimming
and
curing
are the final
stages.
At the time of harvest the flower
(bud)
is trimmed to
give
a well
groomed appeal
to the clients.
Then the bud is cured to
help
retain their natural
fragrance
and
prime
the resin or THe and then is
displayed
to the client.
Since cannabis is
universal,
little to almost none of the
plant goes
to waste. I have
recipes
for
cooking
butter and
oil,
bubble
hash,
hash oil and
crystals.
All it takes is time and the
person
to do it. I
am that
person.
00005432
WASHINGTON STATE
LIQUOR
CONTROL BOARD
1-502 IMPLEMENTATION
RQUEST
FOR PROPOSALS
(RFP)
Page
2
Product
Ouality
Standards and
Testiug
This is the most
important stage
of
creating
an
industry
standard. A team of hOlticultural
professionals
ranging
from a PhD in
botany
to a chemist will be needed to establish
proper
enviromnents and nutrition
for the
plants.
This will determine how the
plants
of different strains will
produce
the maximum result
based on each individual state and the ideal conditions to
promote
each
plant
to reach its
peak potential.
From
feeding clones, advancing growth
and bloom
nutrients, chemically testing
for trichromes and
cannabinoid
counts,
will also be beneficial in
regulating
different choices of
q uality
based a
person’s
available
funds,
tolerance and
availability.
To create an abundance of choices for the consumer and the
individual needs from
smoking
the buds themselves to different
grades
of
concentrates,
baked
goods
and
all other forms of usable cannabis that
produce
the
psychoactive
effects that the consumer search for.
Product
Usage
and
Consumption
Validatiou
At tlJ is
time,
it is not
possible
to
gauge
the amount of
usage
or revenue that will come from cannabis. This
will be difficult to establish since cannabis is a criminally illegal
substance and is
becoming legal,
to the
point
of
use,
but that doesn’t mean that a
simple census of use will be able to
accurately identify
how
much a
city may
consume in
comparison
to other cities.
Reaching
out to the
public
will need to be
extensive and
uniq ue
so consmners
grasp
the
change
from
being prosecuted
to
being reorganized as a
productive
member of
society
who consumes cannabis.
Product
Regulation
The
launching point
is
going
to determine the best avenue to create
socially
sound
guidelines
that will not
be detrimental to the cannabis culture. A
simple
overview will not be
enough
to create laws that are
structurally
sound based on social use. A
simple
construct without
proper
cross
referencing
with the other
position req uirements
will
ultimately
become the downfall of further
legalizations
in other states. This is
the
precipice
of
change
and
Washington
is on the forefront of that
change.
The amount of time
spent
on
legislature
will make or break
Washington’s progression. Therefore,
the
proper
carmabis
team,
the
public
and the local
governnrent
will need to
place
test and
implement
the entire conclusive
phases
to create an
efficient
program
that
promotes progress.
In
conclusion,
with all of the
experience
that I have in the calmabis
industry,
I Imow that I would
be the ideal
person
to run
your consulting program.
A team would be needed to
bring your legislature to
perfection.
I know the
type
of team that would be needed alld with
your
assistance I know we can make
the State
ofWaslJ ington
the
premier
state to
prove
that cannabis is a
simple
and
positive plant
and can
change
the
economy,
one state at a time.
Compensation
An annual fee of
$80,600
for the first
year
and
negotiated
on the eleventh month of each
year
for five
years. Payments
should be
paid bi-weekly.
00005433
WASHINGTON STATE
LIQUOR
CONTROL BOARD
1-502 IMPLEMENTATION
RQUEST
FOR PROPOSALS
(RFP)
Product and
Industry Knowledge
I have an extensive amount of
experience
with
marijuana (cannabis). My
thirteen
years
of
experience
includes
smoking, selling, transporting, marketing
and
recipes
for the use of
every part
of the
plant
to make various concoctions. I intend to
prove
to
you
that I would be the best candidate to
help
make the
Washington marijuana program
the best it can be.
My passion
revolves around the one plant
that our
body
reacts to
naturally
and
truly helps
it heal.
My experience
includes
selling on the streets of Las
Vegas, Nevada, growing
on a
legal
cannabis
farm and
working
in a legal
collective in California.
Running
cannabis under the radar of the
laws, taught
me more about
proper
business
techniques,
financial
etiquette,
and
satisfying
customers while
working
in
a constantly fluctuating
market than I could’ve ever learned in a classroom.
I started small and worked
my way up
to
supplying
three
major
cities. I had a small crew that I
ran as a business and I
taught
them
loyalty
and
integrity.
Within the
business,
I maintained an
organized
way
to
package,
conceal and
keep
the
product
fresh for the client so they never received a
product
that is
below
exceptional
and the client also remained safe.
I have been able to utilize the Medical
Marijuana program
for
my
own benefit due to
pain
from a
major injury
from an automobile accident. I had to leal’ll how to hide in
plain sight
and remain out of
trouble with the law. After thirteen
years,
I have never received
any warning,
citation or charges
regarding
the
use, possession
or intent to sell cannabis. The
only way
to
change people’s
minds about
cannabis
being
a
drug
is to treat it like a business and run it as such.
I have
grown
cannabis on a legal
outdoor farm and various indoors
grow
rooms that consist of
one closet to a warehouse. I can maintain
specific
strains of
marijuana
and have
experience
with cross
pollinating
and
rnixing
the strains. I have
grown
and dealt with over 150 strains and have the
knowledge
of the different needs each strain
requires
from nutrition to environments. In
eight
to twelve
weeks, you
.
will have
glorious plants
that are ready
for the final
stages. Harvesting, trimming
and
curing
are the final
stages.
At the time of harvest the flower
(bud)
is trimmed to
give
a well
groomed appeal
to the clients.
Then the bud is cured to
help
retain their natural
fragrance
and
prime
the resin or THe and then is
displayed
to the client.
Since cannabis is
universal,
little to almost none of the
plant goes
to waste. I have
recipes
for
cooking
butter and
oil,
bubble
hash,
hash oil and
crystals.
All it takes is time and the
person
to do it. I
am that
person.
00005434
WASHINGTON STATE
LIQUOR
CONTROL BOARD
1-502 IMPLEMENTATION
RQUEST
FOR PROPOSALS
(RFP)
Page
2
Product
Ouality
Standards and
Testing
This is the most
important stage
of
creating
an
industry
standard. A team of horticultural
professionals
ranging
from a PhD in
botany
to a chemist will be needed to establish
proper
enviromnents and nutrition
for the
plants.
This will determine how the
plants
of different strains will
prodnce
the maximum result
based on each individual state and the ideal conditions to
promote
each
plant
to reach its
peak potential.
From
feeding clones, advancing growth
and bloom
nutrients, chemically testing
for trichromes and
cannabinoid
counts,
will also be beneficial in
regulating
different choices of
q uality
based a
person’s
available
funds,
tolerance and
availability.
To create an abundance of choices for the consumer and the
individual needs from
smoking
the buds themselves to different
grades
of
concentrates,
baked
goods
and
all other forms of usable cannabis that
produce
the
psychoactive
effects that the consumer search for.
Product
Usage
and
Consumption
Validation
At this
time,
it is not
possible
to
gauge
the amount of
usage
or revenue that will come from catlllabis. This
will be difficult to establish since cannabis is a criminally illegal
substance and is
becoming legal,
to the
point
of
use,
but that doesn’t mean that a
simple census of use will be able to
accurately identify
how
much a
city may
consume in
comparison
to other cities.
Reaching
out to the
public
will need to be
extensive and
uniq ue so consumers
grasp
the
change
from
being prosecuted
to
being reorganized as a
productive
member of
society
who consumes cannabis.
Product
Regulation
The
launching point
is
going
to determine the best avenue to create
socially
sound
guidelines
that will not
be detrimental to the cannabis culture. A
simple
overview will not be
enough
to create laws that are
structurally
sonnd based on social use. A
simple
construct without
proper
cross referencing
with the other
position req uirements
will
ultimately
become the downfall of further
legalizations
in other states. This is
the
precipice
of
change
and
Washington
is on the forefront of that
change.
The amount of time
spent
on
legislature
will make or brealc
Washington’s progression. Therefore,
the
proper
camlabis
team,
the
public
and the local
government
will n ed to
place
test and
implement
the entire conclusive
phases
to create an
efficient
program
that
promotes progress.
In
conclusion,
with all of the
experience
that I have in the cannabis
industry,
I know that I would
be the ideal
person
to run
your consulting program.
A teanl would be needed to
bring your legislature
to
perfection.
I know the
type
of team that would be needed and with
your
assistance I know we can make
the State of
Washington
the
premier
state to
prove
that cannabis is a simple
and
positive plant
and can
change
the
economy,
one state at a time.
Compensation
An annual fee of
$80,600
for the first
year
and
negotiated on the eleventh month of each
year
for five
years. Payments
should be
paid bi-weekly.
00005435
Washington
State
Liquor
Control Board
F eb l’ U ary 25,
2013
Andrew F ourniel’
607 South Third Street
West
Dundee, IL 60118
Sub ject: Rejection
of
Response
to
Wasb ington
State
Liquor
Control Boal’ d
(WSLCB)
R. eqllest
for
Proposals (RF P) K430,
Initiative 502
Consulting
Services
Dear Mr.
F ournier,
This letter is to inform
y ou
that
y our response
to
Reqnest
for
Proposals (RF P)
K430 has b een
l’ ejected
b ecause it failed to c nform to RF P
requirements.
Seotion 3. 2 of RF P
K430, Preparation
of
Proposals, states in
part:
" . . . Incomplete or
vague responses may
b e considered
non-responsive
and
may
b e
rejected.
F ailure
to
complete
and sub mit the
required
items listed in this section
may disqualij
the
Proposer from
further participation
in this RF P. . .
"
It is the sole
responsib ility
of the
Proposer
to understand the RF P
requirements
and
ensure their
Proposal
is
complete.
Andrew F ournier failed to sub mit a Cost
Proposal
for
evaluation, in
response
to RF P K430.
F urthermore,
the Non-Cost
Proposal
sub mitted is
vagne
and
incomplete,
and therefore wlab le to b e
evaluated in accordance with the
requirements
of RF P K430. Andrew F ournier is thus deemed non-
responsive
and
rejected
f’ om further
participation
in this RF P.
Thank
y ou
for
y our
interest in
doing
b usiness with the
Washington
State
Liquor
Control Board. This
measure is
b eing
taken to assist
y ou
in
preparing
fu! \ u’ e
responses.
If
y ou
have
any questions, please
feel
free to contact me b y phone
at
(360)
664-4526 or email at
jsf@liq. wa. gov.
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Oly mpia
WA
98504-3090, (360) 664-1600, www. liq. wa. gov
00005436
Washington
State
Liquor
Control Board
February 25,2013
Andrew Fournier
607 South Third Street
West
Dundee,
IL 60118
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Fournier,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2 ofRFP
K430, Preparation
of
Proposals,
states in
part:
"...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualif
the
Proposer from
further participation
in this RFP...
..
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
Andrew Fournier failed to submit a Cost
Proposal
for
evaluation,
in
response
to RFP K430.
Furthermore,
the Non-Cost
Proposal
submitted is
vague
and
incomplete,
and therefore unable to be
evaluated in accordance with the
requirements
ofRFP K430. Andrew Fournier is thus deemed non-
responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005437
Stocker. Marlie
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 11:35 AM
Andy
Fournier
(andy.fournier@gmail.com)
WSLCB RFP K430 -
Rejection
Notification
K430_Andrew
Fournier_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lig.wa.gov
1
00005438
Washington
State
Liquor
Control Board
February 25, 2013
Andrew Fournier
607 South Third Street
West
Dundee,
IL 60118
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) 1(430,
Initiative 502
Consultiug
Services
Dear Mr.
Fournier,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP) K430 has been
rejected
because it failed to conform to RFP
requirements.
.
Section 3.2 of RFP
K430, Preparation
of
Proposals, states in
part:
" ...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and suhmU the
required
items /isted in this section
may disqualijy
the
Proposer fi’ om
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete,
Andrew Foumier failed to submit a Cost
Proposal
for
evaluation,
in
response
to RFP K430.
Furthennore,
the Non-Cost
Proposal
submitted is
vague
and
incomplete,
and therefore unable to be
evaluated in accordance with the
requirements
ofRFP K430, Andrew Fournier is thus deemed non-
responsive
and
rejected
from further
p31ticipation
in this RFP.
Thanic
you
for
your
interest in
doing
business with the
Washington
State
Liquor
ContTOI Board. TIns
measure is
being
taken to assist
you
in
preparing
fDtme
responses.
If
yO\!
have
any qnestions, please
feel
free to contact 111e by phone
at
(360)
664-4526 or email
atjsf@liq.wa.gov.
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.llq.wa.gov
00005439
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
~
Proposer’s
Authorized Offer
~
Proposer
Information
~ Subcontractor Infonnation
~ Letter of Submittal
~ Non-Cost
Proposal
~ Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically on or before
February
15, 2013 at 2:00PM iPT).
Proposer
must
complete
and submit all sections ofthis Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
}> Attach the
completed
submittal document to a single
email
message
and send it to
lcbbids@lig.wa.gov.
}>
Clearly
mark the
subject
line of the ernail:
RFP-K430,
Vendor Name
( e.g.
RFP-
K430,
ABC
Company ).
}> The
preferred
software formats are Microsoft Word 2000
( or
more recent
version)
and PDF. If this
presents any problem or issue,
contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary graphics
in their
proposals.
}> It is
preferred
that electronic
signatures appear
on all documents
requiring signature. However, an email
date
stamp
will be
accepted
as
signed by
the
legally
authorized
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCB’ s mail server in the
lcbbids@lig.wa.gov
inbox. The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems or delay s
with e-mail when the WSLCB’s
sy stems
are
operational.
If a Proposal
is
late,
it
may
be
rejected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals may
be
rejected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposer’s
convenience
only
and identifies the sections of this submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rej
ected as being non-responsive.
Proposer’s
Authorized Offer
( see page 2)
Proposer
Information
( see page 3)
Subcontractor Information
( see page 4)
Letter of Submittal
( see page 5)
Non-Cost
Proposal ( see page 6)
Cost
Proposal ( see page 8)
o
o
o
o
o
o
Note: The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expeltise
required
in all
Categories
described in RFP K430. In order to better
leverage resources available for
performing
the Services
required herein,
the WSLCB recommends that
potential Proposers may
form teams that combine
their
lmowledge, skills,
and abilities into one
( 1) Proposal
to meet the
requirements as stated in RFP K430.
RFP [( 430 Submittal Document
1
00005440
RFP K430 Submittal Document
2
00005441
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consnlting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element of the
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
1. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or
(iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been andwill not be
knowingly
disclosed
by
the
offeror, directly or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern t submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting a single Proposal.
2. The attached
Response
is a firm offer for a
period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
this
Response, we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation docunlent.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify
our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar terms
l,
if selected
as a contractor. It is further understood that our standard contract will not be considered as a
replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one) are / are not
submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result ofthis solicitation.
Proposer Signature
Andrew Fournier
Title: NA
Company
Name: NA
Date 2/14/13
RFP [(430 Submittal Document
3
00005442
Proposer
Profile:
Firm Name
Street Address
City, State, Zip
Federal Tax ID Number
UBI
WebsiteURL
PROPOSER INFORMATION
Proposer
Authorized
Representative:
Proposer
must
designate an Authorized
Representative
who will be the
princ ipal point
of c ontac t for the
WSLCB Contrac t Administrator for the duration of this RFP
proc ess. Proposer’s
Authorized
Representative
will serve as the foc al
point
for business matters and administrative ac tivities.
Representative
Name:
Telephone:
Email:
Payment Options:
Andrew Fournier
(847)
666-7761
andy.fournier@gmail.c om
DYES D NO Do
you
offer a
Prompt Payment
Disc ount? If
yes, please provide
below.
Prompt Payment
Disc ount %
_days,
net 30
days.
DYES D NO Will
you ac c ept
the State’s
Purc hasing
Card
(p-Card)?
DYES D NO Will
you ac c ept
Elec tronic Funds Transfer
(EFT)?
Categories
of Servic e:
Proposer
must
designate
the
Category(ies)
of servic e for whic h this
Response applies.
Please c hec k the
appropriate box( es)
below:
Catmmrv Desc ription Resnonse AnnIies this Cate!’orv
All ALL
Categories (1-4)
listed below
D
1 Produc t and
hldustry Knowledge ~
2 Produc t
Quality
Standards and
Testing ~
3 Produc t
Usage
and
Consumption
Validation
~
4 Produc t
Regulation ~
RFP K430 Submittal Doc ument
4
00005443
SUBCONTRACTOR INFORMATION
Check the
applicable
box:
DYes I2lNo Your firm intends on
utiliz ing
subcontractors to fulfill the service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
hislher own
employees
carried
on
payroll
or
by using approved
subcontractors. Where subcontractors are used in the
performance
of the
contract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed
or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
the Contractor.
If revisions are required
in the subcontract
assig mnent, new
parties are to be
proposed
in advance of
assig mnent,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perform
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
performed, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1 Subcontractor 2
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
FedID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified: Yes No OMWBE certified: Yes No
Subcontractor 3 Subcontractor 4
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
FedID: FedID:
UBI: UBI:
Work t be Work to be
Performed: Performed:
OMWBE certified: Yes No OMWBE certified: Yes No
RIP K430 Submittal Document
5
00005444
LETTER OF SUBMITTAL
The
Proposer’s
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introduc tory remarks,
the Letter of Submittal is to inc lude
by
attac hment the
following
information about the
Proposer
and
any proposed
subc ontrac tors:
)>
Name, address, princ ipal plac e
of
business, telephone number,
and fax numberle-mail address
oflegal
entity or individual with whom c ontrac t would be written.
)>
Name, address,
and
telephone
number of eac h
princ ipal
offic er
(President,
Vic e
President, Treasurer,
Chairperson
of the Board of
Direc tors, etc .)
~ Loc ation of the
fac ility
from whic h the
Proposer
would
operate.
)> Statement of whic h of the
following Categories Proposer
is
responding
to:
Category
I: Produc t and
Industry Knowledge
Category
2: Produc t
Quality
Standards and
Testing
Category
3: Produc t
Usage
and
Consumption
Validation
Category
4: Produc t
Regulation
)>
Identify any
state
employees
or former state
employees employed
or on the firm’s
governing
board as of
the date of the
proposal.
Inc lude their
position
and
responsibilities
within the
Proposer’s organization.
If
following a review of this
information,
it is determined
by
the WSLCB that a c onflic t of interest
exists,
the
Proposer may
be
disq ualified
from further c onsideration for the award of a c ontrac t.
RFP 1(430 Submittal Doc ument
6
00005445
NON-COST PROPOSAL
Please refrain from
using company
name or other information that will
id entify your company
while
preparing your
response
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB) reserves the
right
to
mod ify proposals
in ord er to eliminate
company
names or
any
other information that
may id entify a
specific company
brand .
CATEGORY 1- PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
1.
Ability, Capacity
and Skills. In two
(2) pages
or
less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
other
ex pertise
in Prod uct and
Ind ustry Knowled ge, includ ing
but not limited to the
following:
a. How
Marijuana
and /or
Agricultural prod ucts
are
grown, cultivated , harvested , cured ,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d . How wholesale and retail Prod uct should be recalled and accounted for
e. How
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firm’s
ex perience
in Prod uct and
Ind ustry Knowled ge
as it relates to
Marijuana.
3. Team Structure and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed project
team
structure and internal controls to be used
d uring
the course ofthe
project, includ ing any
subcontractors. Please
d efine how the firm will establish lines of
authority
for
personnel
who
might
be involved in
performance
of this
potential
contract and
relationships
of this staff to other
programs
or functions of the firm.
4. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
proj ect,
ed ucation, ex perience, significant accomplishments
and
any
other
pertinent
information.
CATEGORY 2 - PRODUCT OUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
ex pertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
a. Knowled ge
of the infrastructure
required
to test
Marijuana
to ensure
prod uct quality, content, ingred ients
and consumer
safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
6.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
finn’s
ex perience
in the Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana.
7. Staff
Qualifications and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid nals’
particular
skills related to this
project,
ed ucation, ex perience, significant accomplishments
and
any
other
pertinent
information.
8.
Approach
and
Method ology.
In two
(2) pages
or less, please provid e a
complete d escription
of
your
firms’
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop a
reputable protocol
for
Prod uct
Quality
Stand ard s and
Testing as
requested
in this
RFP, to d etermin’e TCH/CBD levels and /or
ratios,
mold
or chemical
contaminates,
and Prod uct strain.
RFP K430 Submittal Document
7
00005446
CATEGORY 3 PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
9.
Ability, Capacity
and Sldlls. In two
(2) pages
or less, please
describe
your
firm’s
ability, capacity,
and skills
and/or
expertise
to estimate Product
Usage
and
Consumption
levels
by geographic
areas in
Washington
State.
10.
Experience.
In two
(2) pages
or less, please
describe
your
firm’s
experience
in statistical
research, specifically
related to
determining demographic
and/or
psychographic segmentation, preferably
related to the use of Cannabis.
11. Staff
Qualifications
and
Capabilities.
Please
identify
staff
by
name and
title, including subcontractors,
who
would be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
your
firm. Provide
qualifications
information on the named
staff, including
the individuals’
particular
sldlls related to this
proj ect,
education, experience, significant accomplishments
and
any
other
pertinent
information.
.
12.
Approach
and
Methodology.
In two
(2) pages
or less, please provide a complete description
of
your
firm’s
proposed approach
and
methodology
to be used for Product
Usage
and
Consumption
validation as
requested
in this
RFP,
to estimate
demographic
and
psychographic segmentation, specifically
related to the use of Cannabis.
CATEGORY 4 PRODUCT REGULATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
13.
Ability, Capacity
and Sldlls. In two
(2) pages
or less, please
describe
your
firm’s
ability, capacity,
and skills
and/or
expertise
in Product
Regulation, including
but not limited
to,
the
following:
a.
Experience
with
State,
local or Federal
government processes
and
procedures
b.
Experience
in
crafting system regulations
14.
Experience.
In two
(2) pages
or less, please
describe
your
firm’s
experience
in
working
within the confines ofa
regulatory system,
and
experience
in
creating
and/or
modifying rule, law, ordinance,
and/or
guidelines.
15. Staff
Qualifications
and
Capabilities.
Please
identify
staff
by
name and
title, including subcontractors,
who
would be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
your
firm. Provide
qualifications
information on the named
staff, including
the individuals’
particular
skills related to this
project,
education, experience, significant accomplishments
and
any
other
pertinent
information.
16.
Approach
and
Methodology.
In two
(2) pages
or less, please provide a complete description
of
your
firms’
proposed approach
and
methodology
to be used in
assisting
the WSLCB with
developing
rules and a
regulation
strategy
for the state of
Washington’s
new
Marijuana System.
RFP [(430 Submittal Document
8
00005447
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements,
of this RFP,
However, Proposers
are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table 1
ill:
Table 2 below
by entering
their Not-to- Exceed
(NTE) Hourly
Rate
ill:
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
of this
RFP,
one d
y
shall consist of a total of
eight (8)
hours,
Proposer
is instlUcted to be familiar with the Initiative 502
language
when
preparing
their
response,
A link to the 1-
502 document is located in
Appendix
B ofthe RFP for
Proposer’s
convenience,
Table l’ Ho I R t
ury
ae
Descrintion NTE Hourlv Rate
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
$_p/hour
Consulting
Services as stated in this RFP
T bl 2 D " I R t a e : al
~
a e
Descrintion NTE Dailv Rate
Not-to-Exceed
(NTE) Daily
Rate for 1-502
$_p/day
Consultino- Services as stated in this RFP
RFP K430 Submittal Document
9
00005448
Stocker, Marlie
From:
Posted At:
Conversation:
Andy
Fournier
<andy.fournier@gmail.com>
Thursday, February 14,
2013 7:50 PM
RFP-
K430,
Andrew Fournier
Subject:
RFP-
K430, Andrew Fournier
To whom this
may concern,
Attached are both a submittal
document,
and a letter of submittal for
my proposal
to RFP - K430.
Thank
you
for
your consideration,
Andrew Fournier
1
00005449
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
)-
Proposer’s
Authorized Offer
)-
Proposer
Information
)- Subcontractor Information
)- Letter of Submittal
)- Non-Cost
Proposal
)- Cost
Proposal
SUBMITTTALINSTRUCTIONS
Complete Proposals
must be received
electronically
on or before
February
15, 2013 at 2:00PM IPT1.
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
)> Attach the
completed
submittal document to a sing le
email
messag e
and send it to
1cbbids@liq.wa.g ov.
)>
Clearly
mark the
subject
line ofthe email: RFP-
K430,
Vendor Name
( e.g .
RFP-
K430,
ABC
Company ).
)> The
preferred
software formats are Microsoft Word 2000
( or
more recent
version)
and PDF. If this
presents any problem or issue, contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary g raphics
in their
proposals.
)> It is
preferred
that electronic
sig natures appear
on all documents
requiring sig nature. However, an email
date
stamp
will be
accepted as sig ned by
the
leg ally
authorized
representative
of the fIrm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCB’s mail server in the
1cbbids@lig .wa.g ov
inbox. The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
offIcial time
stamp.
The WSLCB is not
responsible
for
problems or
delay s
with e-mail when the WSLCB’s
.sy stems
are operational.
If a
Proposal
is
late,
it
may
be
rejected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
oftheWSLCB and will not be returned.
Incomplete Proposals may
be
rejected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposer’s
convenience
only
and identifIes the sections ofthis submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rej
ected as being non-responsive.
Proposer’s
Authorized Offer
( see pag e 2)
Proposer
Information
( see pag e 3)
Subcontractor Information
( see pag e 4)
Letter.of Submittal
( see pag e 5)
Non-Cost
Proposal ( see pag e 6)
Cost
Proposal ( see pag e 8)
o
o
o
o
o
o
Note: The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expertise
required
in all
Categ ories
described in RFP K430. In order to better
leverag e resources available for
performing
the Services
required herein,
dle WSLCB recommends fuat
potential Proposers may
form teams that combine
their
kuowledg e, skills,
and abilities into one
( 1) Proposal
to meet the
requirements as stated in RFP K430.
RFP K430 Submittal Document
1
00005450
RFP [(430 Submittal Document
2
00005451
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consnlting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element of the
Response,
to which it is
attached, affIrming
the truthfulness ofthe facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
1. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or
(iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting a
single Proposal.
2. The attached
Response
is a firm offer for a
period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
this
Response, we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
offIcial, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome ofthis
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar
terms],
if selected
as a contractor. It is further understood that our standard contract will not be considered as a r
placement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one)
are I are not
submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services andlor
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set fOlth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that helshe has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result of this solicitation.
Proposer Signature
Andrew Fournier
Company
Name: NA
Title: NA Date 2/14113
RFP K430 Submittal Document
3
00005452
PROPOSER INFORMATION
Proposer
Profile:
Firm Name
Street Address
City, State, Zip
Federal Tax ill Number
UBI
WebsiteURL
Proposer
Authorized
Represeutative:
Proposer
must
designate an Authorized
Representative
who will be the
princ ipal point
of c ontac t for the
WSLCB Contrac t Administrator for the duration of this RFP
proc ess. Proposer’s
Authorized
Representative
will serve as the foc al
point
for business matters and administrative ac tivities.
Representative
Name:
Telephone:
Ernail:
Andrew Fournier
(847)
666-7761
andy.fournier@gmail.c om
Payment Options:
DYES 0NO Do
you
offer a
Prompt Payment
Disc ount? If
yes, please provide
below.
Prompt Payment
Disc ount %
_days,
net 30
days.
DYES 0NO Will
you ac c ept
the State’s
Purc hasing
Card
(P-Card)?
DYES 0NO Will
you ac c ept
Elec tronic Funds Transfer
(EFT)?
Categories
of Servic e:
Proposer
must
designate
the
Category(ies)
of servic e for whic h this
Response applies.
Please c hec k the
appropriate box(es)
below:
Cate!’orv Desc rinton Resnonse Annlies this Cate!’orv
All ALL
Categories (1-4)
listed below
0
1 Produc t and
Industry Knowledge ~
2 Produc t
Quality
Standards and
Testing ~
3 Produc t
Usage
and
Consumption
Validation
~
4 Produc t
Regulation ~
RFP K 430Submittal Doc ument
4
00005453
SUBCONTRACTORINFO~ATION
Check the
applicable
box:
DYes ~No Your firm intends on
utiliz ing s bcontractors to fulfill the service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
his/her own
employees
carried
on
payroll or by using approved
subcontractors. Where subcontractors are used in the
perfonnance
of the
contract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed or not
performed by
the
snbcontractor( s) .
Subcontractors will be
required
to bill
throng h
the Contractor.
If revisions are required
in the subcontract
assig nment, new
parties are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
Ifapplicable, Proposer
shall
identify
below all subcontractors who will
perform
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
performed, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1 Subcontractor 2
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
FedID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified: Yes No OMWBE certified: Yes
Subcontractor 3 Subcontractor 4
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
FedID: FedID:
UBI: UBI:
Work to be Work to be
Performed: PerfOlmed:
OMWBE certified: Yes No OMWBE certified: Yes
RFP K430 Submittal Document
5
No
No
00005454
LETTER OF SUBMITTAL
The
Proposer’s
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introductory remarks,
the Letter of Submittal is to include
by
attachment the
following
information about the
Proposer
and
any proposed subcontractors:
~
Name, address, principal place
of
business, telephone number,
and fax number/e-mail address
oflegal
entity or individual with whom contract would be written.
~
Name, address,
and
telephone
number of each
principal
officer
(president,
Vice
President, Treasurer,
Chairperson
of the Board of
Directors, etc.)
~ Location of the
facility
from which the
Proposer
would
operate.
~ Statement of which of the
following Categories Proposer
is
responding
to:
Category
1: Product and
Industry Knowledge
Category
2: Product
Quality
Standards and
Testing
Category
3: Product
Usage
and
Consumption
Validation
Category
4: Product
Regulation
~
Identify any
state
employees
or fornler state
employees employed or on the firm’s
governing
board as of
the date of the
proposal.
Include their
position
and
responsibilities
within the
Proposer’s organization.
If
following a review of this
information,
it is determined
by
the WSLCB that a conflict of interest
exists,
the
Proposer may
be
disq ualified
from further consideration for the award of a contract.
RFP K430 Submittal Document
6
00005455
NON-COST PROPOSAL
Please refrain from
using company
name or other information that will
id entify your company
while
preparing your
response
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB) reserves the
right
to
.
mod ify proposals
in ord er to eliminate
company
names or
any
other information that
may id entify a
specific
company
brand .
CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
I.
Ability, Capacity
and Skills. In two
(2) pages
or
less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
other
expertise
in Prod uct and
Ind ustry Knowled ge, includ ing
but not limited to tbe
following:
a. How
Marijuana
and /or
Agricultural prod ucts are
grown, cultivated , harvested , cured ,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d . How wholesale and retail Prod uct should be recalled and accounted for
e. How
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Experience.
In two
(2) pages
or less, please
d escribe
your
firm’s
experience
in Prod uct and
Ind ustry Knowled ge
as it relates to
Marijuana.
3. Team Structure and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed project
team
structure and internal controls to be used
d uring
the course of the
project, includ ing any
subcontractors. Please
d efine how tbe firm will establish lines of
authority
for
perso1l1lel
who
might
be involved in
performance
of this
potential
contract and
relationships
of this staff to other
programs
or [unctions of the firm.
4. Staff
Qnalifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
.
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
project,
ed ucation, experience, significant accomplishments
and
any
other
pertinent
information.
CATEGORY 2 PRODUCT QUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
expertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
a. Knowled ge
ofthe infrastructure
required
to test
Marijuana
to ensure
prod uct quality, content, ingred ients
and consumer
safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
6.
Expel’
ence. In two
(2) pages
or less, please
d escribe
your
finn’s
experience
in the Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana.
7. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by
narne and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
tbe ind ivid uals’
particular
skills related to this
project,
ed ucation, experience, significant accomplislnnents
and
any
other
pertinent
information.
8.
Approach
and
Method ology.
In two
(2) pages
or less, please provid e a complete d escription
of
your
firms’
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop a reputable protocol
for
Prod uct
Quality
Stand ard s and
Testing as
requested
in this
RFP, to d etermine TCHlCBD levels and /or
ratios,
mold
or chemical
contaminates,
and Prod uct strain.
RFP K430 Submittal Document
7
00005456
CATEGORY 3 -PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
9.
Ability, Capac ity
and Skills. In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
and skills
and/ r
expertise
to estimate Produc t
Usag e
and
Consumption
levels
by g eog raphic areas in
Washing ton
State.
10.
Experienc e.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
experienc e
in statistic al
researc h, spec ific ally
related to
determining demog raphic
and/or
psyc hog raphic seg mentation, preferably
related to the use of Cannabis.
11. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by name and
title, inc luding subc ontrac tors, who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals’
partic ular
skills related to this
proj ec t,
educ ation, experienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
12.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide a
c omplete desc ription
of
your
firm’s
proposed approac h
and
methodolog y
to be used for Produc t
Usag e
and
Consumption
validation as
requested
in this
RFP, to estimate
demog raphic
and
psyc hog raphic seg mentation, spec ific ally
related to the use of Cannabis.
CATEGORY 4 -PRODUCT REGULATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
13.
Ability, Capac ity
and Skills. In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
and skills
and/or
expertise
in Produc t
Reg ulation, inc luding
but not limited
to,
the
following :
a.
Experienc e
with
State,
loc al or Federal
g overnment proc esses
and
proc edures
b.
Experienc e
in
c rafting system reg ulations
14.
Experienc e.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
experienc e
in
working
within the c onfines of a
reg ulatory system,
and
experienc e
in
c reating
and/or
modifying rule, law, ordinanc e,
and/or
g uidelines.
15. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals’
partic ular
sldlls related to this
proj ec t,
educ ation, experienc e, sig nific ant ac c omplishments
and’
any
other
pertinent
information.
16.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide a
c omplete desc ription
of
your
firms’
proposed approac h
and
methodolog y
to be used in
assisting
the WSLCB with
developing
rules and a
reg ulation
strateg y
for the state of
Washing ton’s new
Marij uana System.
RFP [(430 Submittal Doc ument
8
00005457
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table 1
Q!:
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly
Rate
Q!:
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
ofthis
RFP,
one
day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative
5021anguage
when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B of the RFP for
Proposer’s
convenience.
Table l’ Hourlv Rate
Descrintion
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
Consulting
Services as stated in this RFP
NTE Hourlv Rate
$_p/hour
T ble 2’ Dailv Rate a
Description NTE Dailv Rate
Not-to-Exceed
(NTE) Daily
Rate for 1-502
$_p/day
Consulting
Services as stated in this RFP
RFP K430 Submittal Document
9
00005458
Andrew Scot Fournier
607 South Third
Street,
West Dundee
IL,
60118
(847) 666-7761; andy.fournier@gmai1.com
To the
Washington
State
Liquor
Control
Board,
My
name is Andrew Fournier and I have written this
proposal
for services
consulting
with the
implementation
of the
newly legalized
recreational
marijuana system.
I think that
marijuana
and its
unique
characteristics warrant the use of this controlled substance for adults similar to that of alcohol
and tobacco. In
addition,
the medical and commercial benefits of
marijuana
are substantial
enough
to
deserve
proper
attention to its
production, regulation,
and distribution to consumers. Not
only
do I
want to
help
in this
process,
but I feel that the skills I have
acquired
between
my
education and
job
experience
make me a
strong
candidate for this
position.
This
proposal
was written
by myself
as of2/13/13. Due to limited time constraints between the
email
delays obtaining
the
necessary information,
and
my
current
job,
I have not been able to
complete
the
proposal
in the described format. I
hope
that as a result
you
do not look
strictly
at the
possibility
of
misguided formatting.
If
necessary,
I can be contacted and will ma1ce
any necessary adjustments
to still
be considered for this contract. In
addition,
since I am a single person,
I do not have
any
cost
proposals,
which would be
up
for discussion
upon
a
response
from the WSCLB.
I have included both a written
proposal
for
my services, as well as a resume
highlighting my
experience
and abilities relative to this
position.
Please contact me
through any
of the contact methods
listed in the header with
any questions.
00005459
Andrew Scot Fournier
2/13/2013
andy.fournier@gmail.com
WSLCB RFP for
Consulting
Services to Assist With the
Implementation
of the
Legalized
Recreational
System
Objective:
This is a
proposal
for the
job
of
consulting
the
implementation
of the
recently legalized
production, distribution,
and use of
marijuana.
In this
proposal
I will address and discuss each of the
requested abilities,
and
why
I am suitable for this
position.
In addition I have included a short resume
highlighting
abilities and
experience
relevant to this
proposal.
Several ideas will also be included
as
examples
for both
implementation procedures, as well
as, my ability
to fulfill this role.
Personal
objectives
for this
position
include the revaluation of the effectiveness wld reasons for
the
previous legal
status
regarding mw’ijuana.
Both the medical and recreational effects of
marijuana
merit the controlled use and distribution to adults over the
age
of21 similar to that of both alcohol and
tobacco. As a result,
I would like to
help
in the establishment and
regulation
of
marijuana
to
help
as a
standard for other states to follow.
Desired Skills:
. Product and
Industry Knowledge
I have
recently graduated
from Northern Illinois
University
with a Bachelor of Science
in the
major
of
Biological
Sciences. This
degree was
completed
after
completing
three
years
as
a Biochemistry major
at the Illinois Institute of
Technology
in
Chicago,
Illinois. These two
periods
of
schooling
have allowed me to learn
many
different areas of health
sciences, biology,
ecology,
wld
chemistry.
I have also worked in several different areas of food
production
and
retail
including working
as a cashier at Woodman’s Food Markets. I also worked as a
production helper
involved in the sanitation and
production
of food
products
at General Mills
Inc,
in West
Chicago,
IL. I
currently
work as a lab technician in the
Quality Regulations
and
Operations
division at the smne General Mills
plmlt.
I have moderate
experience
in
plant growth
fyom
having a garden
and
being
outdoors all
of
my life, as well as
being
an
Eagle
Scout. In
addition,
classes in
plant biology
and
physiology
combined with an interest in
growing marijuana gives me some
familiarity
to the
growth cycle
of this
species.
The
knowledge
of
physiology
allows me to also offer
insights on
ways
to
improve
methods that are
already
established.
Cultivating, harvesting,
and
curing are
topics
that while I mn
capable of,
I will be
reading more
extensively
for
ways
to increase
efficiency.
Application
and infusion into other
products
would be one of
my strong points.
In
addition to
personal experience
in
multiple
methods of
extraction, my chemistry lmowledge
allows me to understand and
propose
more efficient methods for this
process.
With
my
recent
00005460
t ; 1 x p e r i e n c e
i n food
p r oduc t i on
an d
r e g ul at i on ,
I have an i de a of how
t hi n g s
shoul d be han dl e d
r e l at i n g
t o t he
p ubl i c safe t y
an d
ac c oun t abi l i t y
of
p r oduc e r s
an d r e t ai l e r s
r e l at i n g
t o t he ’
c on sump t i on
of
mar i juan a.
Whi l e t he
p ossi bi l i t i e s
of c on t ami n at i on an d r e c al l e d
p r oduc t ar e
some t hi n g
t hat woul d
r e qui r e mor e wor k an d
r e adi n g
i n t o t he
p r op ose d
me t hods of
di st r i but i on ,
I have i de as bot h on
what t o do wi t h t hi s an d
ove r -p r oduc e d p r oduc t .
On e
t hi n g
t o me n t i on at t hi s t i me i s t he
p ossi bi l i t y
of
don at i n g
e x c e ss
p r oduc t
t o me di c al c e n t e r s for
p e op l e
wi t h
l e g i t i mat e
n e e d of
t r e at me n t s
by mar i juan a
suc h as
g l auc oma.
The i de a he r e i s t hat si n c e
sup p l y
e x c e e ds
de man d,
e x c e ss
mar i juan a c an be
g i ve n
t o t hose who
may
n ot be abl e t o affor d t r e at me n t for t he i r
sp e c i fi c
ai l me n t s e i t he r
c he ap e r
or
r e l at i ve l y
fr e e .
. Pr odn c t
Qual i t y
St an dar ds an d
Te st i n g
My
c ur r e n t
p osi t i on
at Ge n e r al Mi l l s an d
g e n e r al l abor at or y e x p e r i e n c e
has
g i ve n me
st r on g e x p e r t i se
i n a
l abor at or y
bot h i n t e r ms of
de si g n i n g
an d
p e r for mi n g
r out i n e l ab
t e c hn i que s.
I have a basi c i de a for
t hi n g s
t o t e st suc h as moi st ur e c on t e n t as a me t hod t o
de t e r mi n e
p r op e r c ur i n g
t i me . I am al so fami l i ar wi t h t he
safe t y me asur e s
p ut
i n
p l ac e
t o
safe g uar d food,
whi c h wi l l
he l p
me t o add i de as on how t o be t t e r e n sur e
p ubl i c safe t y .
I am al so i n vol ve d i n
se n sor y
e val uat i on s i n t he food
p r oduc e d
i n We st
Chi c ag o.
Thi s
me an s t hat I have
e x p e r i e n c e
i n what t o
judg e
i n t e r ms of
p r oduc t qual i t y .
Whi l e a c he mi c al
an al y si s
c an t e l l
y ou
se ve r al
t hi n g s, se n se s al l ow
y ou
t o un de r st an d t he same
t hi n g
t he c on sume r
wi l l
e x p e r i e n c e .
I have c on sume d
mar i juan a
i n a
c oup l e
di ffe r e n t fon n s
i n c l udi n g smoke , food,
an d dr i n ks.
The r e for e ,
I woul d be abl e t o n ot
on l y g ui de ,
but
p ar t i c i p at e
i n
t e st i n g
for
p r oduc t
qual i t i e s
bot h
c he mi c al l y ,
an d t he same
way
t he c on sume r woul d.
. Pr oduc t
Usag e
an d
Con sump t i on
Val i dat i on
I have n o fi r st han d
e x p e r i e n c e l i vi n g
i n
Washi n g t on st at e ,
but I
p osse ss
an i n t e r e st i n t he
l oc al
c ul t ur e , as we l l as an
un de r st an di n g
of e c on omi c
p r i n c i p l e s.
I fe e l t hat t he c ombi n at i on of
my
bac kg r oun d,
i n
c on jun c t i on
wi t h t he
an al y si s
of c l i n i c al an d c e n sus-base d
dat a,
wi l l e n abl e me t o make
i n t e l l i g e n t
de c i si on s
r e l at i n g
t o t he di st r i but i on of
mar i juan a.
For
e x amp l e ,
I fe e l t hat
mon i t or i n g
p r oduc t
sal e s i n t e st l oc at i on s wi l l
y i e l d
val uabl e st at i st i c al i n for mat i on i n
r e g ar ds
t o
usag e ,
an d c r e at e
ac t ual
fi g ur e s
t o wor k
fr om,
r at he r t han t he or e t i c al on e s.
. Pr oduc t
Re g ul at i on
I an 1 fami l i ar wi t h t he c on t r ol l e d subst an c e ac t an d
1 -502,
an d woul d c on si de r i t
my
r e sp on si bi l i t y
t o r e mai n i n for me d on al l
ap p l i c abl e l e g i sl at i on r e g ar di n g mar i juan a r e g ul at i on , as we l l
as
mai n t ai n i n g up -t o-dat e l mowl e dg e as n e w l e g i sl at i on p asse s
at bot h t he st at e an d fe de r al
l e ve l s,
t o
e n sur e t hat as we . e st abl i sh t he
g r oun dwor k
for t hi s n e w se t of
r ul e s, we mai n t ai n
l e g al r e l e van c y
an d
c r e di bi l i t y .
I woul d al so be abl e t o
he l p
i n ar e as suc h as t he
l e g al dr i vi n g
t hr e shol d whi l e un de r t he
i n fl ue n c e of
mar i juan a.
My e x p e r i e n c e
i n food
p r oduc t i on
at a p l an t
has al so
g i ve n
me
i n si g ht
i n t o t he
r e g ul at i on s
se t i n
p l ac e
by
t he FDA
amon g
ot he r admi n i st r at i on s
r e g ar di n g p r oduc t s
for
c on sump t i on .
Thi s c ombi n e d wi t h
kn owl e dg e
of t he
l e g al sy st e m
woul d al l ow me t o
sug g e st way s
t o
c omp l y
or
i mp r ove
t he fi n i she d
p r oduc t
t hat r e ac he s t he c on sume r .
. Ge n e r al Ski l l s
00005461
I
possess many
skills that make me a
strong
match for this
position.
I have a
strong
work ethic for
my job,
and this
opportunity
is
something
that excites me
guaranteeing my
hard
work. In addition I am a fast learner and a
perfectionist
which will
help
me to think of
things
in
their
entirety.
This combined with a
plethora
of abnormal
approaches
to
every day problems
will make me a valuable asset to the different
groups
of
people responsible
for
establishing a
system
for the
regulation
and use of
marijuana.
I have
experience
in
many
different
areas of
science and real life
practice
which allow me to understand and add to current
procedures
involving
the
production
and
safety
of the consumer. In
addition,
any
area that I am
lacking
in
will be
mitigated by my
drive to
complete
the task at
hand, meaning
I will
study
and learn
anything
I need to in order to
produce an effective
system
to set an
example
for other states.
Andy
Fournier
607 South Third
Street,
West Dundee
IL,
60118
(847) 666-7761; andy. fournier@gmail. com
Objective:
To
gain
skills and
experience
related to the
application as well as
theory ofbiologica1
sciences in
various consumer
products.
Experience:
Laboratory
Technician I
QRO
January
2013 -
Present
General
Mills,
West
Chicago
IL
.
Responsible
for the chemical
analysis
of
product.
. Ensure
public safety through
HACCP checks.
Sensory testing
and evaluation of finished
product.
.
Calibrating equipment
and
ensuring proper
results.
Summer Vacation Relief
Summers of 20 11 and 2012
General
Mills,
West
Chicago
IL
. Production
helper
in the cereal
department.
. Handled overflow
product.
Maintained a clean and safe work environment for food
production.
Bagger
I Checker
August
2010
-
March 2011
Woodman’s Food
Markets, Carpentersville
IL
. Cashier and
bagger
for
groceries.
.
Kept
check-out lanes clean.
Other
jobs during
downtime:
cleaning, organizing,
and
restocking
shelves.
Senior Lab Assistant
January
2008 -
March 2010
Illinois Institute of
Technology, Chicago
IL
Ordered, shipped,
and received
supplies as well as
samples.
Designed, led,
and carried out
experiments
of
my
own or others.
Gave talks on research
findings including many
conferences in the US and Canada.
Obtained and
analyzed
data from
X-ray
diffi’action collections at
Argonne
National
Laboratory.
Synthesized
and
purified proteins through
the use ofHPLC.
Made chemicals at
specific
concentrations and
pH
levels for
experiments.
. Maintained lab
equipment
and cleanliness.
00005462
. Trained new lab members.
Education:
Northern Illinois
U niv ersity ,
DeKalb IL
Bachelor of Science in
Biological
Sciences
Graduated
December,
2012
August
2011 -
December 2012
Illinois Institute of
Technology , Chicago
IL
Majored
in
biochemistry
with a
pre-medical
minor.
August
2007 -
March 20 I 0
Elgin Academy , Elgin
IL
High
school
Diploma
August
2003 -
May
2007
Achiev ements:
Trav eled to
Toronto,
Canada to
present
a research
poster
for the American
Cry stallographic
Association.
.
Eagle
Scout -
2007
Dean’s list at Illinois Institute of
Technology
for three semesters.
Skills:
Knowledge
and
experience
in
growing
and
harv esting plants.
Knowledge
of v arious sciences and how
they apply
to different
ty pes
oflife.
Experience
with the use and "market" of
marijuana.
Experience
at v arious lev els of consumer
products
and
good manufacturing practices.
Ability
to read
maps
and
demographics
of
populations.
Ability
to think of unorthodox
way s
to solv e difficult
problems.
Experience shipping
and
receiv ing
v arious
supplies
and
samples.
. Prev ious
experience
with HPLC.
Experience
in
properly
and
safely making
chemical solutions.
Experience
in
following good manufacturing practices
in a food
production
env iromnent.
Able to lead as well as be
part
of a team in v arious situations and env ironments.
Familiar with
computers including hardware,
v arious
operating sy stems,
and
programs.
Proficient at
finding
and
learning necessary
information from all resources.
00005463
Andrew Scot Foumier
607 South Third
Street,
West Dundee
IL,
60118
(847) 666-7761; andy.fournier@gmai1.com
To the
Washington
State
Liquor
Control
Board,
My
name is Andrew Fournier and I have written this
proposal
for services
consulting
with the
implementation
of the
newly legaliz ed
recreational
marijuana system.
I think that
marijuana
and its
unique
characteristics warrant the use of this controlled substance for adults similar to that of alcohol
and tobacco. In
addition,
the medical and commercial benefits of
marijuana are substantial
enough
to
deserve
proper
attention to its
production, regulation,
and distribution to consumers. Not
only
do I
want to
help
in this
process,
but I feel that the skills I have
acquired
between
my
education and
job
experience
make me a
strong
candidate for this
position.
This
proposal was written
by myself as of2/13/13. Due to limited time constraints between the
email
delays obtaining
the
necessary information,
and
my
current
job,
I have not been able to
complete
the
proposal
in the described format. I
hope
that as a result
you
do not look
strictly
at the
possibility
of
misguided formatting.
If
necessary,
I can be contacted and will ma!ce
any necessary adjustments
to still
be considered for this contract. In
addition,
since I am a single person,
I do not have
any
cost
proposals,
which would be
up
for discussion
upon
a
response
from the WSCLB.
I have included both a written
proposal
for
my services, as well as a resume
highlighting my
experience
and abilities relative to this
position.
Please contact me
through any
of the contact methods
listed in the header with
any questions.
00005464
Andrew Scot Fournier
2/13/2013
andy.fournier@gmail.com
WSLCB RFP for
Consulting
Services to Assist With the
Implementation
of the
Legalized
Recreational
System
Objective:
This is a proposal
for the
job
of
consulting
the
implementation
of the
recently legalized
production, distribution,
and use of
marijuana.
In this
proposal
I will address and discuss each of the
requested abilities,
and
why
I am suitable for this
position.
In addition I have included a short
resume
highlighting
abilities and
experience
relevant to this
proposal.
Several ideas will also be included as
examples
for both
implementation procedures, as well
as, my ability
to fulfill this role.
Personal
objectives
for this
position
include the revaluation ofthe effectiveness and reasons for
the
previous legal
status
regarding marijuana.
Both the medical and recreational effects of
marijuana
merit the controlled use and distribution to adults over the
age
of 21 similar to that of both alcohol nd
tobacco. As a result,
I would like to
help
in the establishment and
regulation
of
marijuana
to
help as a
standard for other states to follow.
Desired Skills:
. Product and
Industry Knowledge
I have
recently graduated
from Northern Illinois
University
with a Bachelor of Science
in the
major
of
Biological
Sciences. This
degree was completed
after
completing
three
years
as
a Biochemistry major
at the Illinois Institute of
Technology
in
Chicago,
Illinois. These two
periods
of
schooling
have allowed me to learn
many
different areas of health
sciences, biology,
ecology,
and
chemistry.
I have also worked in several different areas of food
production
and
retail
including working as a cashier at Woodman’s Food Markets. I also worked as a
production helper
involved in the sanitation and
production
offood
products
at General Mills
Inc,
in West
Chicago,
IL. I
currently
work as a lab technician in the
Quality Regulations
and
Operations
division at the same General Mills
plant.
I have moderate
experience
in
plant growth
from
having a garden
and
being
outdoors all
of
my life, as well as being an Eagle
Scout. In
addition,
classes in
plant biology
and
physiology
combined with an interest in
growing marijuana gives
me some
familiarity
to the
growth cycle
ofthis
species.
The
knowledge
of
physiology
allows me to also offer
insights on
ways
to
improve
methods that are
already
established.
Cultivating, harvesting,
and
curing are
topics
that while I am capable of,
I will be
reading more
extensively
for
ways
to increase
efficiency.
Application
and infusion into other
products
would be one of
my strong points.
In
addition to
personal experience
in
multiple
methods of
extraction,
my chemistry knowledge
allows me to understand and
propose
more efficient methods for this
process.
With
my
recent
00005465
experience
in food
production
and
reg ul ation,
1 have an idea of how
thing s
shoul d be handl ed
rel ating
to the
publ ic safety
and
accountabil ity
of
producers
and retail ers
rel ating
to the
consumption
of
marijuana.
Whil e the
possibil ities
of contamination and recal l ed
product
are
something
that woul d
require
more work and
reading
into the
proposed
methods of
distribution,
1 have ideas both on
what to do with this and
over-produced product.
One
thing
to mention at this time is the
possibil ity
of
donating excess
product
to medical centers for
peopl e
with
l eg itimate
need of
treahnents
by marijuana
such as g l aucoma.
The idea here is that since
suppl y
exceeds
demand,
excess
marijuana
can be
g iven
to those who
may
not be abl e to afford treatment for their
specific
ail ments either
cheaper
or
rel ativel y
free.
. Product
Qual ity
Standards and
Testing
My
current
position
at General Mil l s and
g eneral l aboratory experience
has
g iven me
strong expertise
in a l aboratory
both in terms of
desig ning
and
performing
routine l ab
techniques.
1 have a basic idea for
thing s
to test such as moisture content as a method to
determine
proper curing
time. 1 am al so famil iar with the
safety measures
put
in
pl ace
to
safeg uard food,
which wil l
hel p me to add ideas on how to better ensure
publ ic safety .
1 am al so invol ved in
sensory
eval uations in the food
produced
in West
Chicag o.
This
means that 1 have
experience
in what to
judg e
in terms of
product qual ity .
Whil e a chemical
anal y sis
can tel l
y ou
several
thing s,
senses al l ow
y ou
to understand the same
thing
the consumer
wil l
experience.
1 have consumed
marijuana
in a
coupl e
different forms
incl uding smoke, food,
and drinks.
Therefore,
1 woul d be abl e to not
onl y g uide,
but
participate
in
testing
for
product
qual ities
both
chemical l y ,
and the same
way
the consumer woul d.
. Product
Usag e
and
Consumption
Val idation
1 have no firsthand
experience l iving
in
Washing ton state,
but 1
possess
an interest in the
l ocal
cul ture, as wel l as an
understanding
of economic
principl es.
1 feel that the combination of
my
backg round,
in
conjunction
with the
anal y sis
of cl inical and census-based
data,
wil l enabl e me to make
intel l ig ent
decisions
rel ating
to the distribution of
marijuana.
For
exampl e,
1 feel that
monitoring
product
sal es in test l ocatons wil l
y iel d
val uabl e statistical infonnation in
reg ards
to
usag e,
and create
actual
fig ures
to work
from,
rather than theoretical ones.
. Product
Reg ul ation
1 am famil iar with the control l ed substance act and
1-502,
and woul d consider it
my
responsibil ity
to remain informed on al l
appl icabl e l eg isl ation reg arding marijuana reg ul ation, as wel l
as
maintaining up-to-date knowl edg e as new
l eg isl ation passes
at both the state and federal
l evel s,
to
ensure that as we establ ish the
g rOl mdwork
for this new set of
rul es, we maintain
l eg al rel evancy
and
credibil ity .
1 woul d al so be abl e to
hel p
in areas such as the
l eg al driving
threshol d whil e under the
infl uence of
marijuana.
My experience
in food
production
at a pl ant
has al so
g iven me
insig ht
into the
reg ul ations
set in
pl ace
by
the FDA
among
other administrations
reg arding products
for
consumption.
This combined with
IG10wl edg e
of the
l eg al sy stem
woul d al l ow me to
sug g est way s
to
compl y
or
improve
the finished
product
that reaches the consumer.
. General Skil l s
00005466
I
possess many
skills that make me a
strong
match for this
position.
I have a
strong
work ethic for
my job,
and this
opportnnity
is
something
that excites me
guaranteeing my
hard
work. In addition I am a fast learner and a
perfectionist
which will
help
me to think of
things
in
their
entirety.
This combined with a
plethora
of abnonnal
approaches
to
every day problems
will make me a valuable asset to the different
groups
of
people responsible
for
establishing a
system
for the
regulation
and use of
marijuana.
I have
experience
in
many
different
areas of
science and real life
practice
which allow me to understand and add to current
procedures
involving
the
production
and
safety
of the consumer. In
addition,
any
area that I am
lacking
in
will be
mitigated by my
drive to
complete
the task at
hand, meaning
I will
study
and learn
anything
I need to in order to
produce an effective
system
to set an
example
for other states.
Andy
Fournier
607 South Third
Street,
West Dundee
IL,
60118
(847) 666-7761; andy. fournier@gmail. com
Objective:
To
gain
skills and
experience
related to the
application as well as
theory
of
biological
sciences in
various consumer
products.
Experience:
Laboratory
Technician I
QRO
January
2013 -
Present
General
Mills,
West
Chicago
IL
.
Responsible
for the chemical
analysis
of
product.
. Ensure
public safety through
HACCP checks.
.
Sensory testing
and evaluation of finished
product.
.
Calibrating equipment
and
ensuring proper
results.
Summer Vacation Relief
Summers of 20 11 and 2012
General
Mills,
West
Chicago
IL
. Production
helper
in the cereal
department.
. Handled overflow
product.
. Maintained a clean and safe work enviromnent for food
production.
Bagger
/ Checker
August
2010 -
March 2011
Woodman’s Food
Markets, Carpentersville
IL
. Cashier and
bagger
for
groceries.
.
Kept
check -out lanes clean.
. Other
jobs during
downtime:
cleaning, organizing,
and
restocking
shelves.
Senior Lab Assistant
January
2008 - March 2010
Illinois Institute of
Technology, Chicago
IL
Ordered, shipped,
and received
supplies as well as
samples.
Designed, led,
and carried out
experiments
of
my
own or others.
Gave talks on research
findings including
many
conferences in the US and Canada.
Obtained and
analyzed
data from
X-ray
diffraction collections at
Argonne
National
Laboratory.
.
Synthesized
and
purified proteins through
the use ofHPLC.
Made chemicals at
specific
concentrations and
pH
levels for
experiments.
. Maintained lab
equipment
and cleanliness.
00005467
. Trained new lab members.
Education:
Northern Illinois
U niv ersity ,
DeKalb IL
Bachelor of Science in
Biological
Sciences
Graduated
December,
2012
August
2011 -
December 2012
Illinois Institute of
Technology , Chicago
IL
Majored
in
biochemistry
with a
pre-medical
minor.
August
2007
-
March 2010
Elgin Academy , Elgin
IL
.
High
school
Diploma
August
2003 -
May
2007
Achiev ements:
Trav eled to
Toronto,
Canada to
present
a research
poster
for the American
Cry stallographic
Association.
.
Eagle
Scout -
2007
. Dean’s list at Illinois Institute of
Technology
for three semesters.
Sltills:
Knowledge
and
experience
in
growing
and
harv esting plants.
Knowledge
of v arious sciences and how
they apply
to different
ty pes
oflife.
Experience
with the use and "market" of
marijuana.
Experience
at v arious lev els of consumer
products
and
good manufacturing practices.
.
Ability
to read
maps
and
demographics
of
populations.
.
Ability
to think of unorthodox
way s
to solv e difficult
problems.
Experience shipping
and
receiv ing
v arious
supplies
and
samples.
. Prev ious
experience
with HPLC.
Experience
in
properly
and
safely making
chemical solutions.
Experience
in
following good manufacturing practices
in a food
production
env iromnent.
Able to lead as well as be
part
of a team in v arious sitnations and env irorunents.
Familiar with
computers including hardware,
v arious
operating sy stems,
and
programs.
Proficient at
finding
and
learning
necessary
information from all resources.
00005468
Washington
State
Liquor
Control Board
February 25,2013
Subject: R e. jection
of
R esponse
to
Washington
State
Liquor
Control Board
(WSLCB)
R equest
for
Proposals (R FP) K430,
Initiative 502
Consultiug
Services
Dear Mr. Sm
h,
This letter is to infollll
you
that
your response
to
R equest
for
Proposals (R FP)
K430 has been
rejected
because it failed to confollll to R FP
requirements.
Section
3. 2, Preparation
of
Proposals,
states in
part:
" . . . Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
10
complete
and submit the
required
items listed in this section
may disqualifY
the Pro oser from
further participation
in this R FP. . .
"
It is the sole
responsibility
of the
Proposer
to understand the R FP
requirements
and ensure their
Proposal
is
complcte,
Ben Smith faHed to
complete
and submit the
following required
items in
response
to R FP
K430:
Proposer’s
Authorized
Offer, Proposer Information, Subcontractor
Information, Letter of
Submittal, Non-Cost
Proposal
and Cost
ProposaL
Bcn Smith submitted an
incomplete
and
vague
response
and is thus deemed
non-responsive
and
rejected
from further
participation
in this R FP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist ou in
preparing
future
responses.
If
you
have
any questions, please feel
free
19
contact me
by phone
at
(360)
664-4526 or email at
jsf@liq. wa. gov.
Sincerely,
J O" ’~ l~
Procurement Coordinator
cc: K430 Contract file
3QOO Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www. liq. wa. gov
00005469
Washington
State
Liquor
Control Board
February 25,
2013
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Smith,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
"...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposer from
further participation
in this RFP
...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
Ben Smith failed to
complete
and submit the
following required
items in
response
to RFP
K430:
Proposer’s
Authorized
Offer, Proposer Information,
Subcontractor
Information,
Letter of
Submittal, Non-Cost
Proposal
mId Cost
Proposal.
Ben Smith submitted an
incomplete
and
vague
response
and is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
(ree to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005470
Stocker. Marlie
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 11:36 AM
mr.ben247@hotmail.com
WSLCB RFP K430 -
Rejection
Notification
K430_Ben Smith_Rejection Letter.p df
Good
Morning,
Thank
you
for
subrnitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00005471
Washington
State
liquor
Control Board
February 25,
2013
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr,
Smith,
This letter is to infonn
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements,
Section
3,2, Preparation
of
Proposals,
slales in
part:
"..
.Incomplete or
vague reoponses may
be considered
non-responstve
and
may
be
rejected,
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposer from
f
rther
participation
in this lIFP,..."
It is the sole
respollsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete,
Ben Smith failed to
complete
and submit the
following required
items in
response
to RFP
K430:
Proposer’s
Authorized
Offer, Proposer Information,
Subcontractor
Information, Letter of
Submittal, Non-Cost
Proposal
and Cost
Proposal.
Bcn Sm h submittcd an
incomplete
and
vague
respOllse
and is thus deemed
non-responsive
and
rejected
from further
ptuticipation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
nteasure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free
tp
contact me by phone
at
(360)664-4526 or email
atjsf@liq.wa.gov.
John Farle
Procurement Coordinator
ce: K430 Contract file
3000 Pacific Ave. SE, PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www,liq.wa,gov
00005472
Stocker, Marlie
From:
Posted At:
Conversation:
Ben Smith <mr.ben247@hotmail.com>
Friday , February 15, 2013 9:45 AM
Formal
ap p lication
Subject: Formal
ap p lication
L ately
I have been
submitting
ideas
regarding Washington
State’s new cannabis laws. The
Washington
State
L iquor
Control Board was
looking
for
somebody
with inside
knowledge
of
p roduction, market,
and other. Ihave been
considering
ap p ly ing
for the
job
I do know the market inside and out. I am
knowledgeable
in
just
about
every asp ect including
testing.
I do not have a degree
but I don’t think
somebody
with a
degree
in
botany
is
necessarily
the
right ty p e
of
p erson
for the
job.
A botanist is an
exp ert
in
p lant growth
but I have known botanist that have tried their hand in what was a
black market.
They
did
grow large p lants
and have
knowledge
of insects and diseases that can effect
p roduction. I had
been called in to
imp rove
the
quality
of the
p roduct
and teach the botanist a few
things
that are done
differently
with this
p articular p lant.
I consider
my self one of the worlds
top quality growers
but not a
quantity grower. My
interests were
more in forced
breeding imp roving genetics
and
creating new strains. I have over 50 of
my
own
hy brids.
In order for me
to take a
job
for the WSL CB I would need to exclude
my self
from
growing
and retail in order to avoid a conflict of
interest. I live on the Eastern side of the state near the Horse Heaven Hills. This area as well as the Yakima
V alley
and
Columbia basin has some of the best farmland in the world with some of the best conditions for
growing
the
highest
grade
cannabis as well as
many
other
crop s.
To meet
high
standards I have
suggested
in other letters which seem to be
taken into consideration the best and most economical
way
to
grow
this
p roduct
is in a greenhouse
with extra
lighting
for
winter seasons and black out curtains for forced
p roduction.
Cannabis can to forced into
flowering by reducing light
to 12
or less
p er day .
What the
beginner grower may
not realize is that even a
p inhole
of
light during
12 hours of darkness can
cause
hermap hrodite p lants.
The females will
p roduce p ollen
sacks and
p ollinate
the
crop p roducing
and abundance of
seeds. If industrial
hemp
is ever considered for
p roduction
the
p ollen
from that could
p ollinate p lants
from
many
miles
away .
This is fine if cannabis is
grown
inside and the air is
p rop erly
filtered.
My
ultimate
goal
is to
help
with
large
scale
irrigation p rojects starting
with the Horse Heaven Hills.
Right now we are
p ay ing
farmers not to farm instead of
looking
to
p roduce more
exp orts
like we should be
doing.
I want to
help p ay
down
Washington
State’s accumulated debts and
p roduce
the revenue to cover the cost instead of
running
at a deficit. I am
glad
to hear news of
Jay
Inslee
writing a letter
to
congress.
Without the Federal Government I don’t think
any p lans
can
actually
move forward because
nobody
would
be able to hire
emp loy ees
or deduct
exp enses.
Farmers with land in C.R.P. or
any
other Federal
p rograms
would not be
able to
p articip ate
in new industries. Cannabis can also be made into diesel but I don’t know about
p racticality
because
diesel is made from the oil
p roduced by
the seed. Strains would need to be bred to maximize seed
p roduction.
I
really
think
algae
and
enzy mes
used to convert
p rotein
cells from
grasses
and wast into more of a
sugar
to
p roduce
alcohol
fuels. What I need to know is
job
details. Would I be
resp onsible
for
issuing p ermits
to
high quality growers?
I believe I
am p icky enough
to select
only
the best
growers
to insure the
highest quality .
This could be done with
temp orary p ermits
to
insp ect growers facility
and insure
high quality
standard. Would I be
resp onsible
for
making sure retail outlets are
following
the rules and
p ay ing
tax? Would some sort of U.P.c.
sy stem
need to be used to
keep
track of
inventory .
The
state could use something
similar to what
they use to
keep
track of bundles of scratch tickets. When retail location
activates a batch the State would then know
exactly
what is on the
legal
market. Would I be
resp onsible
for
making sure
that edibles are safe? Edibles can be over concentrated
causing p anic
attacks and
disabling mobility
similar to too much
alcohol. Would I be
resp onsible
for
starting p rogram
to determine safe THC blood
p ercentage?
Insurance
comp anies
have
no set standards for
determining
if cannabis is
imp airing
skills
causing
accidents. Most
p eop le
with
good jobs
will not be
able to use this
p roduct
due to
drug testing required by
insurance
comp anies.
Once
they
have standards
they
could
vary
their
p olicies. Hop efully
WSL CB has
my
other letters
on
file. Do I need to come
ap p ly
in
p erson
if I am considered for the
job?
1
00005473
Washington
State
Liquor
Control Board
Febmary 25,2013
Toby
Paterson
Berkshire Cascade
Corporation
7745 Jenni Street NE
Olympia,
WA98506
Subject: R ejectloll
of
R esponse
to
Washington
State
Liquor Control Board
(WSLCB)
R equest
for
Proposals (R FP) K430, Initiative 502
Consulting
Services
Dear Mr. Paterson,
This lettei’ is to inform
you
that Berkshke Cascade
Corporation’ s response
to
R equest
for
Proposals (R FP)
K430 has been
rejected
because it failed to conform to R FP
requirements.
Section 3.2 ofR FP
K430, Preparation
of
Proposals,
states in
part:
f(
...Incomplete or
vague responses may
be considered
non~re,~ponsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposerfrom
filrther
participation
in this R FP...
"
It is the sole
responsibility
of the
Proposer
to understand the R FP
requiremeuts
and ensure their
Proposal
is
complete.
The Non-Cost
Proposal
submitted
by
Berkshire Cascade
Corporation
is
vague
and
incomplete,
and therefore unable to be evaluated in accordance with the
requirements
ofR FP K430.
Berkshire Cascade
Corporation
is thus deemed
non-responsive
and
rejected
fi’ Olll f111ther
participation
in
this R FP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Bomd. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
~
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.llq.wa.gov
00005474
Washington
State
Liquor
Control Board
February 25,2013
Toby
Paterson
Berkshire Cascade
Corporation
7745 Jenni Street NE
Olympia,
WA98506
Subject: Rejectiou
of
Respouse
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Paterson,
This letter is to inform
you
that Berkshire Cascade
Corporation’s response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2 ofRFP
K430, Preparation
of
Proposals,
states in
part:
"...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items /isted in this section
may disqualif
the
Proposer from
further participation
in this RFP
...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensme their
Proposal
is
complete.
The Non-Cost
Proposal
submitted
by
Berkshire Cascade
Corporation
is
vague
and
incomplete,
and therefore unable to be evaluated in accordance with the
requirements
ofRFP K430.
Berkshire Cascade
Corporation
is thus deemed
non-responsive
and
rejected
from fmther
participation
in
this RFP.
Thank
you
for
yom
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
JolmFarley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005475
Stocker.
Marlie
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 11:38 AM
’toby@berkshire-cascade.com’
WSLCB RFP K430 -
Rejection
Notification
K430_Berkshire Cascade
Corp_Rejection Letter.pdf
Good
Morning,
Thank
you
for
submitting a
response
to
Washington
State
Liquor Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@lIq.wa.gov
1
00005476
Washington
State
Liquor
Control Board
Februaty 25,2013
Toby
Paterson
Berkshire Cascade
Corporation
7745 Jenni Street NE
Olympia,
WA985.06
Subject: Rejection
of
Response
to
Washington State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (Rl’P) K430, I nitiativ e
502
Consulting
Serv ices
Dear Mr. Paterson,
This letter is to inform
you
that Berkshire Cascade
Corporation’s
response
to
Request
for
Proposals (RFP)
K43Q has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2 of RFP
K430, Preparation
of
Proposals,
states in
part:
f(
...I ncomplete or
v ague responses may
be considered
non-responsiv e
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualif
the
Proposer from
fimher participation
in this RFP...
"
I t is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
The Non-Cost
Proposal
submitted
by
Berkshire Cascade
Corporation
is
v ague
and
incomplete,
and therefore tillable to be ev aluated in accordance with the
requirements
ofRFP K430.
Berkshire Cascade
Corporation
is thus deemed
non-responsiv e and rejected
fi’Om further
patticipation
in
this RFP.
Thank
you
for
yom
interest in
doing
busincss with the
Washington
State
Liquor
Control Board. This
measme is
being
taken to assist
you
in
preparing
fulme
responses.
I f
you
hav e
any questions, please
reel
free to contact me
by phone
at
(360)
664-4526 01’ email at
jsf@liq.wa.gov .
ohnFarley
Procurement Coordinator
00: K430 Contract file
3000 Pacific Av e.
SE,
PO Box
43090, Olympia WA
98504-3090, (360) 664-1600, www.liq.wa,gov
00005477
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of tbis Submittal Document as listed below:
~
Proposer’s
Authorized Offer
~
Proposer
Information
~ Subcontractor Information
~ Letter of Submittal
~ Non-Cost
Proposal
~ Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically on or before
February
15, 2013 at 2:00PM T).
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
~ Attach the
completed
submittal document to a
single
email
message
and send it to
Icbbids@lig.wa.gov.
~
Clearly
mark the
subj ect
line of the email: RFP-
K430,
Vendor Name
( e.g.
RFP-
K430,
ABC
Company ).
~ The
preferred
software formats are Microsoft Word 2000
( or more recent
version)
and PDF. Iftbis
presents any problem
or issue, contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary graphics
in their
proposals.
~ It is
preferred
that electronic
signatures appear
on all documents
req uiring signature. However, an email
date
stan1p
will be
accepted as signed by
the
legally
authorized
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at theWSLCB’s mail server in the
lcbbids@liq .wa.gov
inbox. The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems or
delay s
with e-mail when the WSLCB’s
sy stems
are
operational.
If a
Proposal
is
late,
it
may
be
rej ected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals.may
be
rej ected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
Tbis checklist is
provided
for
Proposer’s
convenience
only
and identifies the sections of this submittal document
to be
completed
and submitted. with each
Response. Any response
received without
any one
or more ofthese
sections
may
be
rej ected as being non-responsive.
Proposer’s
Authorized Offer
( see page 2)
Proposer
Information
( see page 3)
Subcontractor Information
( see page 4)
Letter of Submittal
( see page 5)
Non-Cost
Proposal ( see page 6)
Cost
Proposal ( see page 8)
~.
~
~
~
~
~
Note: The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expertise
req uired
in all
Categories
described in RFP K430. In order to better
leverage resources available for
pe!’fonning
the Services
req uired hereiu,
the WSLCB recommends that
potential Proposers may
form teams that combine
their
knowledge, skills,
and abilities into one
( 1) Proposal
to meet the
req uirements
as stated in RFP K430.
RFP K430 Submittal Document
1
00005478
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element ofthe
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
1. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or (iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting
a
single Proposal.
2. The attached
Response
is a firm offer for a
period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
this
Response, we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify our willingness to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or snbstantially
similar terms
1,
if selected
as a contractor. It is further understood that our standard contract will not be considered as a
replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one)
are / are not
submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result of this solicitation.
Toby
Paterson
Proposer Signature
CEO and Senior Research Scientist
Berkshire Cascade
Corporation
Company
Name
02/14/2013
Title
Date
RFP K430 Submittal Document
2
00005479
00005480
00005481
LETTER OF SUBMITTAL
Letter of Submittal
02/14/2013
Berkshire Cascade
Corporation
7745 Jenni ST NE
Olympia,
WA 98506
360-338-0930
Cellular: 360-229-0956
Toby Paterson,
CEO and Senior Research Scientist
7745 Jenni ST NE
Olympia,
WA 98506
360-338-0930
Joe
Morse,
President
230 Holmes RD
Pittsfield,
MA 0120 I
413-446-4459
Thank
you
for the
opportunity
to
compete
for the
Marijuana consulting
contract. Weare
pleased
to offer
our
consulting services,
and
firmly
believe that our
ex pertise, industry knowledge
and skill will
provide
the finest
possible
results for the mission critical outcomes
necessary
for the State to
implement
the commerce devices
by
the due date. We are
responding
to all RFP
categories (1-4).
Our
leadership
team is:
Toby Paterson,
CEO/ Senior Research Scientist and Joe
Morse,
President.
Toby
holds a Master’s
degree
in
Agricultural
Economics and a Bachelor’s
degree
in economics.
Beyond
Toby’s
work for the Berkshire Cascade
Corporation,
he is an economist for the
Washington
State
Employment Security Department.
His work is related to labor market information and statistical data
collection,
estimation and
publication
in
cooperation
with the Bureau of Labor Statistics. He has no
affiliation with the
Liquor
Control
Board, or the
regulatory process affecting
the
Liquor
Control Board in his
work
capacity.
Joe holds a Master’s
degree
in
Agricultural
Business and
Marketing.
Both
Toby
and Joe worked as Statisticians for the United States
Department
of
Agriculture’s
National
Agricultural
Statistics Service.
They
both have ex tensive
ex perience collecting, analyzing
and
publishing
National and State
agricultural production
data and
working
with
regulatory
offices.
Toby
and Joe worked
on the 2007 Census of
Agriculture.
We
have,
and continue to
build, a network of
ex perts
to work with
including professors
from
Washington
universities. We
firmly
believe that our team will deliver the most cost
effective,
accurate and useful
analysis
and
guidance
to move the state forward into an efficient
marijuana
market
place:
Thank
you
for
your
consideration and
time, we look forward to
discussing
the contract with
you
in the near
future.
Sincerely,
RFP K430 Submittal Document
5
00005482
Toby
Paterson
CEO and Senior Research Scientist
Berkshire Cascade
Corporation
RFP K430 Submittal Document
6
00005483
NON-COST PROPOSAL
CATEGORY 1- PRODUCT AND INDUSTRY KNOWLEDGE
Ability, Capacity
and Skills:
The
Principals
have extensive
Agricultnral production experience
and
knowledge. Together, they
have over two
decades of
experience
in
Agricultural
business and economics from the academic
research, public,
and
private
sectors
including
all
phases
from farm to
processor
to consumer. The
Company
also works with academic researchers from
Washington
State
higher
education institutions.
.
Onr firm has the
knowledge
of food science and
expanding
markets related to
Marijuana
to
bring
valuable
expertise
to
the
topic
of food and
beverage
infusion.
Additionally, onr firm has
supply
chain
management
and
marketing expertise
that will
prove
to be beneficial when
consideting
retail
consumption.
Our firm’s
experience
with
Agricultural producers
has
given
us
insight
into best
practices
for
managing
overproduction or contamination of
crops.
We have various
methodologies
to
study
and
implement
that will find the
optimal
solution
specific
to
Marijuana.
This can include,
but is not limited
to, incineration,
remediation
(depending on
contaminant),
and
quarantine
with a
composting option.
In the case of a recall,
it would be
necessary
to have a
tracking system
similar to other
Agricultnral production
that could trace the
product
back
through
the
supply
chain.
The
company’s
Senior Research Scientist has
Marijuana industry knowledge specific
to
Washington
and the
environment for
growing, distributing,
and consumer
acceptance.
The team structure and internal controls are
simplified
to enhance
communication,
reduce errors and
duplication,
and
provide superior
results to our client. The firms
Principal’s
have
responsibility
for
completion
of work. The Senior
Research
Scientist, Toby Paterson,
will work
directly
with
any
subcontractors in
Washington,
to
complete
work as
necessary.
Toby Paterson,
CEO and Senior Research Scientist
5
years
as Statistician for the National
Agricultnral
Statistics Service
4
years
as Economist for
Washington
State
MA-Agricultural
Economics
Expertise
in
agronomics, supply/demand (distribution
and consumer
behavior),
edibles and other derivative
products
of
Marijuana.
Joseph Morse,
President
5
years
as Statistician for the National
Agricultural
Statistics Service
MA-Agribusiness
Expertise
in
marketing
channel
management
and
regulatory
affairs
CATEGORY 2 - PRODUCT OUALITY STANDARDS AND TESTING
Ability, Capacity
and Skills:
The
Company’s ability
to ensnre
proper Marijuana product quality testing
is derived from onr network of
experts
in the
field. We will enlist the assistance of an
experienced
subcontractors in this area. The subcontractor has confirmed
they
are
willing
to
provide product quality
and standards consultation and scientific lab
testing
consultation.
Consumer demand for the vaTous strains, product types,
and
potencies
of
marijuana
will be evaluated
through
examination of
existing
data and
through snrveys
of the consumers and sellers in the medicinal
industry
and
existing underground
market
industry.
RFP K430 Submittal Document
7
00005484
CATEGORY 3 PRODUCT USAGE AND CONSUMPTION VALIDATION
Ability, Capacity
and Skills:
The
Company
has all of the
ability, capacity
and skills
necessary
to
produce accurate, timely,
and relevant statistical
estimates for
product usage
and
consumption
levels
by geographic area in
Washington
State.
Our firm’s
experience
comes from a combined decade with the National
Agricultural
Statistics Service
conducting
surveys
and
producing reports
fi’om statistical data. Statistical methods research and
survey methodology
are two of
our
Principal’s specialties. Toby Paterson,
Senior Research
Scientist,
and
Joseph Morse,
President would
manage
the
design,
data
collection, analysis,
and
reporting
of statistical results.
Our data collection
methodology
would
optimally
be done
through a Census of known
Marijuana consumers in
Washington
State. We believe a
census,
cost
permitting,
is more likely
to achieve the desired
result, mainly
because a
survey captures
a smaller
group (which may
not be
accurately representative
of the intended
target population).
However,
in the event that cost and or the
availability
of
respondents are
constraining
factors to
completing a
census,
we will
implement sample
based
surveys
and
rely
on statistical estimation. Once data is
collected, we can
analyze raw
data for outliers and statistical
validity
and then summarize the
findings
into usable results.
CATEGORY 4 -PRODUCT REGULATION
Ability, Capacity
and Skills:
Since the
Principals
of our firm are former Federal
government employees
who have been involved in
regulated
industries, we believe that we have the
necessary
skills for
consulting
on best
practices
for
managing government
procedures
and
developing system regulations.
Our firm’s
Principals
have worked on rulemaking panels
and
industry
collaborative
projects
to advise State
government departments
how to
implement new laws with the most favorable
impact on effected stakeholders.
Specifically, Joseph Morse,
has
recently spent
time
working
on a Massachusetts Local Distribution
Company
collaborative for the
Department
of Public Utilities to
implement changes
to
gas utility
rate
recovery process. Toby
Paterson,
Senior Research
Scientist,
has
provided Employment Security Department data,
research and
analysis
to the
Legislature
of
Washington State,
and advised on fiscal notes and
policy impacts, through
his work with the State.
Toby was a member of the Federal Joint Subcommittee on
Aquaculture,
and advised the Montana State Governor’s
Drought Advisory
Board.
The
Company’s approach
to rule
making
and
regulation
for
Washington’s Marijuana System
will be to
gather input
from
stakeholders(producers, merchants, consumers,
and other interested
parties)
for inclusion of ideas.
Taking
this
input
into
consideration, we will form a collaborative
group
of
industry participants
who can help develop
rules that
will be
manageable,
have
community acceptance,
and have measurable results.
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are
encouraged
to subnrit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table I
Q!
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly
Rate
Q!
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
of this
RFP,
one
day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be fanriliar with the Initiative 502
language
when
preparing
their
response.
A link to the I-
502 document is located in
Appendix
B of the RFP for
Proposer’s
convenience.
RFP K430 Submittal Document
8
00005485
Table l’ Hourlv Rate
Description NTE Hourlv Rate
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
$ 75.00
p/hour
Consulting Services as stated in this RFP
Table 2’ Dailv Rate
Description
Not-to-Exceed
(NTE) Daily
Rate for 1-502
Consulting
Services as stated in this RFP
NTE Daily Rate
$_p/day
RFP K430 Submittal Document
9
00005486
Stocker. Marlie
From:
Posted At:
Conversation:
Subject:
Hello,
toby@berkshire-cascade.com
Friday, February 15,
2013 9:14 AM
RFP
K430, Berkshire Cascade
Corporation
RFP
K430,
Berkshire Cascade
Corporation
Please find attached the Berkshire Cascade
Corporation
Submittal document in
regard
to the RFP 430.
Thank
you
for
your
time and consideration.
Sincerely,
Toby Paterson,
CEO and Senior Research Scientist
Berkshire Cascade
Corporation
7745 Jenni ST NE
Olympia,
WA 98506
360-338-0930
Cellular 360-229-8956
toby@berkshire-cascade.com
1
00005487
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
~
Proposer’s
Authorized Offer
~
Proposer
Information
~ Subcontractor hlfonnation
~ Letter of Submittal
~ Non-Cost
Proposal
~ Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically on or before
February
15, 2013 at 2:00PM (PT).
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
~ Attach the
completed
submittal document to a
single
email
message
and send it to
lcbbids@lig.wa.gov.
~
Clearly
mark the
subj ect
line of the email: RFP-
K430,
Vendor Name
(e.g.
RFP-
K430,
ABC
Company ).
~ The
preferred
software formats are Microsoft Word.2000 (or
more recent
version)
and PDF. If this
presents any problem
or issue, contact the Procurement Coordinator
inmlediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary graphics
in their
proposals.
~ It is
preferred
that electronic
signatures appear
on all documents
requiring signature. However, an email
date
stamp
will be
accepted
as
signed by
the
legally
authorized
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCB’s mail server in the
lcbbids@lig.wa.govinbox.
The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems
or
delay s
with e-mail when the WSLCB’s
sy stems
are
operational.
If a Proposal
is
late,
it
may
be
rej ected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
fucomplete Proposals may
be
rej ected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposer’s
convenience
only
aud identifies the sections of this submittal docmnent
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rej ected as being non-responsive.
Proposer’s
Authorized Offer
(see page 2)
Proposer
fuformation
(see page 3)
Subcontractor fuformation
(see page 4)
Letter of Submittal
(see page 5)
Non-Cost
Proposal (see page 6)
Cost
Proposal (see page 8)
~
~
~
~
~
~
Note: The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expeltise
. required
in all
Categories
described in RFP K430. In order to belter
leverage resources available for
perfonning
the Services
required herein,
the WSLCB recommends that
potential Proposers may
form teams that combine
their
knowledge, skills,
and abilities into one
(1) Proposal
to meet the
requirements as stated in RFP K430.
RFP K430 Submittal Document
I
00005488
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element ofthe
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
1. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or
(iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
reqnired by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting a
single Proposal.
2. The attached
Response
is a firm offer for a
period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest, our
Response
will remain valid for 180
days or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
this
Response,
we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the soliciiation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify oUl:
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar terms
1,
if selected
as a contractor. It is further understood that our standard contract will not be considered as a
replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one) are I are not
submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the tenus and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services andlor
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that helshe has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result of this solicitation.
Toby
Paterson
Proposer Signature
CEO and Senior Research Scientist
Berkshire Cascade
Corporation
Company
Name
02/14/2013
Title
Date
RFP K430 Submittal Document
2
00005489
00005490
00005491
LETTER OF SUBMITTAL
Letter of Submittal
02/14/2013
Berkshire Cascade
Corporation
7745 Jenni ST NE
Olympia,
WA 98506
360-338-0930
Cellular: 360-229-0956
Toby Paterson,
CEO and Senior Research Scientist
7745 Jenni STNE
Olympia,
W A 98506
360-338-0930
Joe
Morse,
President
230 Holmes RD
Pittsfield,
MA 0120 I
413-446-4459
Thank
you
for the
opportunity
to
compete
for the
Marijuana consulting
contract. We are pleased
to offer our
consulting services,
and
firmly
believe that our
ex pertise, industry knowledge
and skill will
provide
the finest
possible
results for the mission critical outcomes
necessary
for the State to
implement
the commerce devices
by
the due date. We are
responding
to all RFP
categories (1-4).
Our
leadership
temn is:
Toby Paterson,
CEO/ Senior Research Scientist and Joe
Morse,
President.
Toby
holds a Master’s
degree
in
Agricultural
Economics and a Bachelor’s
degree
in economics.
Beyond
Toby’s
work for the Berkshire Cascade
Corporation,
he is an economist for the
Washington
State
Employment Security Deparhnent.
His work is related to labor market information and statistical data
collection,
estimation and
publication
in
cooperation
with the Bureau of Labor Statistics. He has no
affiliation with the
Liquor
Control Board, or the
regulatory process affecting
the
Liquor
Control Board in his
work
capacity.
Joe holds a Master’s
degree
in
Agricultural
Business and
Marketing.
Both
Toby
and Joe worked as Statisticians for the United States
Deparhnent
of
Agriculture’s
National
Agricultural
Statistics Service.
They
both have ex tensive
ex perience collecting, analyzing
m1d
publishing
National m1d State
agricultural production
data and
working
with
regulatory
offices.
Toby
and Joe worked
on the 2007 Census of
Agriculture.
We
have,
and continue to
build, a network of
ex perts
to work with
including professors
from
Washington
universities. We
firmly
believe that our team will deliver the most cost
effective,
accurate and useful
analysis
and
guidance
to move the state forwm’d into an efficient
marijuana
market
place.
Thank
you
for
your
consideration and
time, we look forward to
discussing
the contract with
you
in the nem’
future.
Sincerely,
RFP K430 Submittal Document
5
00005492
Toby
Paterson
CEO and Senior Research Scientist
Berkshire Cascade
Corporation
RFP [(430 Submittal Document
6
00005493
NON-COST PROPOSAL
CATEGORY 1- PRODUCT AND INDUSTRY KNOWLEDGE
Ab i l i t y , Capaci t y
and Sl dl l s:
The
Pr i nci pal s
have ext ensi ve
Agr i cul t ur al pr oduct i on exper i ence
and
knowl edge. Toget her , t hey
have over t wo
decades of
exper i ence
i n
Agr i cul t ur al
b usi ness and economi cs fr om t he academi c
r esear ch, pub l i c,
and
pr i vat e
sect or s
i ncl udi ng
al l
phases
fr om far m t o
pr ocessor
t o consumer . The
Company
al so wor ks wi t h academi c r esear cher s fr om
Washi ngt on
St at e
hi gher
educat i on i nst i t ut i ons.
Our fi r m has t he
knowl edge
of food sci ence and
expandi ng
mar ket s r el at ed t o
Mar i juana
t o
b r i ng
val uab l e
exper t i se
t o
t he
t opi c
of food and
b ever age
i nfusi on.
Addi t i onal l y , our fi r m has
suppl y
chai n
management
and
mar ket i ng exper t i se
t hat wi l l
pr ove
t o b e b enefi ci al when
consi der i ng
r et ai l
consumpt i on.
Our fi r m’s
exper i ence
wi t h
Agr i cul t ur al pr oducer s
has
gi ven us i nsi ght
i nt o b est
pr act i ces
for
managi ng
over pr oduct i on or cont ami nat i on of
cr ops.
We have var i ous
met hodol ogi es
t o
st udy
and
i mpl ement
t hat wi l l fi nd t he
opt i mal
sol ut i on
speci fi c
t o
Mar i juana.
Thi s can i ncl ude,
b ut i s not l i mi t ed
t o, i nci ner at i on,
r emedi at i on
(dependi ng on
cont ami nant ),
and
quar ant i ne
wi t h a
compost i ng opt i on.
In t h case of a r ecal l ,
i t woul d b e
necessar y
t o have a
t r acki ng sy st em
si mi l ar t o ot her
Agr i cul t ur al pr oduct i on
t hat coul d t r ace t he
pr oduct
b ack
t hr ough
t he
suppl y
chai n.
The
company ’s
Seni or Resear ch Sci ent i st has
Mar i juana i ndust r y knowl edge speci fi c
t o
Washi ngt on
and t he
envi r onment for
gr owi ng, di st r i b ut i ng,
and consumer
accept ance.
The t ear n st r uct ur e and i nt er nal cont r ol s ar e si mpl i fi ed
t o enhance
communi cat i on,
r educe er r or s and
dupl i cat i on,
and
pr ovi de super i or
r esul t s t o our cl i ent . The fi r ms
Pr i nci pal ’s
have
r esponsi b i l i t y
for
compl et i on
of wor k. The Seni or
Resear ch
Sci ent i st , Tob y Pat er son,
wi l l wor k
di r ect l y
wi t h
any
sub cont r act or s i n
Washi ngt on,
t o
compl et e
wor k as
necessar y .
Tob y Pat er son,
CEO and Seni or Resear ch Sci ent i st
5
y ear s
as St at i st i ci an for t he Nat i onal
Agr i cul t ur al
St at i st i cs Ser vi ce
4
y ear s
as Economi st for
Washi ngt on
St at e
MA-Agr i cul t ur al
Economi cs
Exper t i se
i n
agr onomi cs, suppl y /demand (di st r i b ut i on
and consumer b ehavi or ),
edi b l es and ot her der i vat i ve
pr oduct s
of
Mar i juana.
Joseph Mor se,
Pr esi dent
5
y ear s
as St at i st i ci an for t he Nat i onal
Agr i cul t ur al
St at i st i cs Ser vi ce
MA-Agr i b usi ness
Exper t i se
i n
mar ket i ng
channel
management
and
r egul at or y
affai r s
CATEGORY 2 - PRODUCT OUALITY STANDARDS AND TESTING
Ab i l i t y , Capaci t y
and Sl dl l s:
The
Company ’s ab i l i t y
t o ensur e
pr oper Mar i juana pr oduct qual i t y t est i ng
i s der i ved fr om our net wor k of
exper t s
i n t he
fi el d. We wi l l enl i st t he assi st ance of an
exper i enced
sub cont r act or s i n t hi s ar ea: The sub cont r act or has confi r med
t hey ar e wi l l i ng
t o
pr ovi de pr oduct qual i t y
and st andar ds consul t at i on and sci ent i fi c l ab
t est i ng
consul t at i on.
Consumer demand for t he var i ous
st r ai ns, pr oduct t y pes,
and
pot enci es
of
mar i juana
wi l l b e eval uat ed
t hr ough
exami nat i on of
exi st i ng
dat a and
t hr ough sur vey s
of t he consumer s and sel l er s i n t he medi ci nal
i ndust r y
and
exi st i ng under gr ound
mar ket
i ndust r y .
RFP K430 Sub mi t t al Document
7
00005494
CATEGORY 3 PRODUCT USAGE AND CONSUMPTION VALIDATION
Ability, Capacity
and Sldlls:
The
Company
has all of the
ability, capacity
and skills
necessary
to
produce accurate, timely,
and relevant statistical
estimates for
product usage
and
consumption
levels
by geographic area in
Washington
State.
Our firm’s
experience comes from a combined decade with the National
Agricultural
Statstics Service
conducting
surveys
and
producing reports
from statistical data. Statistical methods research and
survey methodology are two of
our
Principal’s specialties. Toby Paterson,
Senior Research
Scientist,
and
Joseph Morse,
President would
manage
the
design,
data
collection, analysis,
and
reporting
of statistical results.
Our data collection
methodology
would
optimally
be done
through a Census of known
Marijuana consumers in
Washington
State. We believe a
census,
cost
permitting,
is more
likely
to achieve the desired
result, mainly
because a
survey captures
a smaller
group (which may
not be
accurately representative
of the intended
target population) .
However,
in the event that cost and or the
availability
of
respondents are
constraining
factors to
completing a
census,
we will
implement sample
based
surveys
and
rely
on statistical estimation. Once data is
collected, we can analyz e raw
data for outliers and statistical
validity
and then summariz e the
findings
into usable results.
CATEGORY 4 -PRODUCT REGULATION
Ability, Capacity
and Skills:
Since the
Principals
of our firm are former Federal
government employees
who have been involved in
regulated
industries, we believe that we have the
necessary
skills for
consulting on best
practices
for
managing government
procednres
and
developing system regulations.
Our firm’s
Principals
have worked on
rulemaking panels
and
industry
collaborative
proj
ects to advise State
government departments
how to
implement new laws with the most favorable
impact on effected stakeholders.
Specifically, Joseph Morse,
has
recently spent
time
working on a Massachusetts Local Distribution
Company
collaborative for the
Department
of Public Utilities to
implement changes
to
gas utility
rate
recovery process. Toby
Paterson,
Senior Research
Scientist,
has
provided Employment Security Department data,
research and
analysis
to the
Legislature
of
Washington State,
and advised on fiscal notes and
policy impacts, through
his work with the State.
Toby
was a member of the Federal Joint Subcommittee on Aquaculture,
and advised the Montana State Governor’s
Drought Advisory
Board.
The
Company’s approach
to rule
making
and
regulation
for
Washington’s Marijuana System
will be to
gather input
from
stakeholders(producers, merchants, consumers,
and other interested
parties)
for inclusion of ideas.
Taking
this
iuput
into
consideration, we will form a collaborative
group
of
industry pmticipants
who can
help develop
rules that
will be
mmlageable,
have
community acceptance,
and have measurable results.
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table I
Q!:
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly
Rate
Q!:
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
of this
RFP,
one day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
language
when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B of the RFP for
Proposer’s
convenience.
RFP [(430 Submittal Document
8
00005495
Table l’ Hourly Rate
Descrintiou NTE Hourlv Rate
Not-to-Exceed
(NTE) Hourly
Rate for I-502
$ 75.00
plhour
Consulting
Services as stated in this RFP
Table 2’ Daily Rate
Descrintiou
Not-to-Exceed
(NTE) Daily
Rate for I-502
Consultin!! Services as stated in this RFP
NTE Daily Rate
$_p/day
RJ<"P ](430 Submittal Document
9
00005496
Washington
State
Liquor
Control Board
February 25,
2013
Subject: Rejectiou
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) 1(430,
Initiative 502
Consulting
Services
Dear Ms.
Nevins,
This letter is to inform
you
that
your response
to
Request
for Pr
posals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
"...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposer from
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Betty
Nevins failed to
complete
and submit the
following required
items in
response
to RFP
K430:
Proposer’s
Authorized
Offer, Proposer Information,
Subcontractor
Information,
Letter of
Submittal,
Non-Cost
Proposal
and Cost
Proposal. Betty
Nevins submitted
an incomplete
and
vague
response
and is thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email
atjsf@liq.wa.gov.
Sincerely,
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1.600, www.liq.wa.gov
00005497
Washington
State
Liquor
Control Board
February 25,
2013
Subject: Rejection
of
Response to
Washington
State
Liquor Coutroll3oard
(WSLCB)
Reqnest
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
DcaI’ Ms.
Nevins,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to COnr0D11 to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
" ,,,Incomplete
or
vague responses may
be considered
non~responsive
and
maybe rejected
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposerfi’om
jitrther participation
in this RFP...
"
It
is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Betty
Nevins failed to
complete
and submit the
following required
items in
response
to RFP
K430:
I’toposcr’s Authorized Offer, Proposer Information, Subcontractor
Information, Letter of
Submittal, Non" Cost
Proposal
and Cost
Proposal. Betty
Nevins submitted an
incomplete
and
vague
response
and is thus deemed
non-responsivc
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses. lryou
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email
atjsf@liq.wa.gov.
Sincerely,
~ ohnFar
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave, SE, PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.Jiq.wa.gov
00005498
Stocker.
Marlie
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25, 2013 11:39 AM
’whnca35@comcast.net’
WSLCB RFP K430 -
Rejection
Notification
K430_Betty Nevins_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00005499
Washington
State
Liquor
Control Board
February 25, 2013
Subject: Rejection of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Reqnest
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Ms.
Nevins,
This letter is to inform
you
that
your re~pol1se
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Pl’ eparation
of
Proposals,
states in
part:
(1...Incomplete or
vague responses rnay
be considered
non-responsiv
and
may
be
rejected,
Failure
to complete
and submit the
required ems listed in this section
may disqualifY
the
Proposer from
jrtherparticipation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to lmderstand the RFP
requirements
and
ensure their
Proposal
is
complete. Betty
Nevins failed to c
mplete and submit the
following required
items in
response
to RFP
K430:
Proposer’ s
Authorized
O ffel’ , Proposer Infonnation, Subcontractor
hlformation,
Letter of
Submittal,
Non-Cost
Proposal
and Cost
Proposal. Betty
Nevins submitted an incomplete
and
vague’
response
and is thus deemed
non-responsive
and
rejected from further
palticipation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to ccmtact me
by phone
at
(360)
664-4526 or email
atjsf@ liq.wa.gov.
Sincerely,
cc: K430 Contract file
3000 Pacific Ave,
SE,
PO Box
43090, O lympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005500
Stoc!<er.
Marlie
From:
Posted At:
Conversation:
whnca35@comcast.net
Thursday, February 14, 2013 4:53 PM
K430
Subject:
K430
To: WSLCB
From:
Betty
Nevins
Date:
February 14,
2013
Subject:
Recommendation for
Legalized Marijuana
Washington
is in a
position
to set a standard
economically
and
medically
with the
growth, harvest,
and
production
of
Marijuana. Many people
want it
socially,
but I believe few realize the true
potential.
I f
nothing else, please
read the section on dedicated
funding.
Licensing
and
Retailing:
This is
relatively easy
if
people
wish to adhere to the standards the state
sets.
Growth: Small businesses such as a farm
co-op
could do much to stimulate the
economy.
Since it is
a rather time intensive
crop,
it makes more sense than
having only
a few
growers
whose
crops
could
fail from disease. I t could be
population
based
county by county
and
grown
in a warehouse
facility,
where
everything
can be controlled and monitored.
Harvesting
and uniform
packaging
could all be
done on-site. All should be under state
scrutiny
at all times via random checks, testing, samples,
etc.
Cleanliness and
Sanitary
conditions would also be easier to monitor in such a
facility.
Uniformity:
There is a
strong
need for
uniformity
in
naming, labeling,and tracking
what the different
strains
do,
how
they
react to different
people,
such as
pain releif, appetite, sensuality, anxiety
releif.
Some are highly powerful,
others are not. No new strains or names should be allowed until
they
have
state
approval. They
should be lab tested for
any
trace of bad chemical and THC content.
Packaging: Uniformity
in
labeling
and
packaging
for buds and
any
food
products
should be
clean,
sanitary,
and fool
proof
for
keeping
contaminents out of the
product.
Dedicated
Funding:
I believe the state has overlooked some
very important
issues in
funding.
We all
might
be better served
by using
a substantial
portion
of the funds raised to research the exact effects
marijuana
has on the
body.
For
example,
I t touches
every
cell in our
body
and effects us
differently
at
different times. I t is
extremely relaxing
when first used and
deffinately
causes minimal
hearing
impairment.
Thus the loud volume of music or tv. The next
day eyesight
is
improved
and
hearing
far
more sensitive. One drives more
sanely
because
you
are more relaxed. This causes me to think that
the
varying
levels of THC or
perhaps
other trace chemicals could be directed to certain
parts
of the
body through
time release
capsules creating huge
health benefits. I t is
extremely psychological
and
definately
enhances other medications. The
question
is "to what
degree,"
or "is it all in the brain?" I
can envision its use in
subduing your
enemies. I t needs to be studied in
depth by hospitals, schools,
and universities until this "weed of wisdom" can be
figured
out.
1
00005501
Driving
Under the Influence: No one
having just
smoked
Marijuana
should be allowed to drive for 2to
4hours after last
ingesting
it. There are a few clues for
police
such as the
inability
to concentrate on
any one topic
for
very long, droopy ey elids,
a
very
relaxed
expression.
Alcahol
significantly
enhances
these charactristics. These effects
might
be studied in
depth through
blood
samples,
urine
analy sis,
or
through
whatever means needed to understand
exactly
what it does to our
body .
Then one can
really
know how
to.
handle abuses.
Qualifications: Associate
Degree
in
general education,
1998.
Professional
Writing C ertificate,
2000.
Bachelor of Arts in
Humanities, 2001.
Bachelor of Arts in
English,
2005.
Ability
to research and understand
law,
state and
federal, inception
to
end, accept
for
shepardizing.
I am one of the few
people
who has
kept
notes on the effects of
Marijuana.
I am a
relatively
new
Medical
Marijuana
user of
approximately
two
y ears,
who discovered I could have a normal life after
twenty -three y ears
of
pain
caused
by very
radical cancer
surgery .
C onclusion: While
Washington may
lead the
way
with
legalizing Marijuana
and
boosting our
economy ,
I believe we are
capable
of
doing
so much more with
study
and an
open
mind that comes
with
legalization.
I believe we can
give humanity a
gift
as well. I can understand that
y ou
would not be
interested in
hiring me,
a medical
Marijuana user, however,
I have never used it
illegaly ,
but one time,
to find out if I could tolerate it.
2
00005502
Washington
State
Liquor
Control Board
February 25,
2013
Emery
Krahn
Big
Em
Marketing
802 N. Cedar Rd.
Deer
Park,
W A99006
Subject: Rejection
of
Response
to
Wasbington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Krahn,
This letter is to inform
you
that
Big
Em
Marketing’s response
to
Request
for
Proposals (RFP)
K430 has
been
rejected
because it failed to conform to RFP
requirements.
Section 3.2 ofRFP
K430, Preparation
of
Proposals,
states in
part:
"...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualif
the
Proposer from
for/her participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
The Non-Cost
Proposal
submitted
by Big
Em
Marketing
is
vague
and
incomplete,
and
therefore unable to be evaluated in accordance with the
requirements
ofRFP K430.
Big
Em
Marketing
is
thus deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Tharuc
you
for
your.
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005503
Washington
State
Liquor
Control Board
February 25,
2013
Emery
Krahn
Big
Em
Marketing
802 N. Cedar Rd.
Deer
Park, W A 99006
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Krahn,
This lelter is to inform
you
that
Big
Em
Marketing’s response
to
Request
for
Proposals (RFP)
K430 has
been
rejected
because it failed to conform to RFP
requirements.
Section 3.2 ofRFP K430, Preparation ofPl’O posals,
states in
part:
" ...Incomplete
or
vague responses may
be considered
non-respons
ve and
may
be
rejected.
Failure
to
complete
and submit the
required
items /i,ted in this section
may disqualifY
the
Proposer from
fimher participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to wlderstand the RFP
requirements
and ensure their
Proposal
is
complete.
The Non.Cost
Proposal
submitted
by Big
Em
Marketing
is
vague
and
incomplete,
and
therefore unable to be evaluated in accordance with the
requirements
ofRFP K430.
Big
Em
Marketing
is
thuS deemed
non.responsive
and
rejected
fr0111 fmther
partcipatiou
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measw’e is
being
taken to assist
you
in
preparing
u\ture
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
JolUlF I
y
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, O lympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005504
Stocker. Marlie
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 11:41 AM
’emerykrahn@gmail.com’
WSLCB RFP K430 -
Rejection
Notification
K430_Big
Em
Marketing_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@!iq.wa.gov
1
00005505
Washington
State
Liquor
Control Board
February 25,
2013
Emery
Krahn
Big
Em
Marketing
802 N. Cedar Rd.
Deer
Park,
W A 99006
Subject: Rejection
of
Response
to
Washington
State
Liquor
Coutrol Board
(WSLCB)
Request
for
Proposals (RFP) K430,
lnitiatve 502
Consulting
Services
Dear Mr.
Krahn,
This letter is to inform
you
that
Big
Em
Marketing’s response
to
Request
for
Proposals (RFP)
1(430 has
been
rejected
because it fa ed to confonn to RFP
requirements.
Section 3.2 of RFP
1(430, Preparation
of
Proposals,
states in
pari:
..
...Incomplete or
vague responses may
be considered
nOI1"responsive
and
may
be
rejected.
Failure
to
omplete
and submit the
required
items listed in this section
may disqualify
the
Proposer from
jilrther participation
in this RFP
...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
req\
rements and ensure their
Proposal
is
complete.
The Non-Cost
Proposal
subm ted
by Big
Em
Marketing
is
vague
and
incomplete,
and
therefore nnable to be evaluated in accordance with the
requirements
ofRFP K430.
Big
Em
Marketing
is
thus deemed
non-responsive
and
rejected
fro111 further
participatiou
in this RFP.
Thank
you
for
your
interest in
doing
business with the Wasl
ngton
State
Liquor
Control Board. This
measure
is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email
atjsf@liq.wa.gov.
cc: K430 Contract file
3000 Pacific Ave,
SE,.PO
Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.Wa.gov
00005506
Big
Em
Marketing
Emery Krahn,
President
Amy
Krahn VP.
emerykrahn@gmail.com
802 NCedar Rd.
Deer
Park,
WA 99006
509-238-9443 Cell 990-6969
John
Farley (360)
664-1600
K430@liq.wa.gov
Liquor
Control Board Initiative 502
Consulting
Services
Regarding: 21828.1<-430
We are skilled
experienced
to
provide Consulting
Services to assist the
Washington
State
Liquor
Control Board with the
implementation
ofInitiative 502
requirements.
We have
years
of Product and
Industry Knowledge
and have a network of
experts
to
call
upon
when needed.
Were familiar with Product
Quality
Standards and can
provide
minimumstandards
for all
products
infused with THC. We would
suggest independent Testing
when
needed at no cost to the state. I have no former or current state
employees
with
me.
We estimate that a 100,000 pounds
of
product
will be consumed
per
month. With
our
system
this will
generate $25,000,000
per
month in taxes fromthe farmers. And an
additional
$15,680,000
in retails sales tax. Our
system
of
using
the current assets and
Departments
within the
Washington
state
system
will build a low cost to
regulate
and
enforce this new
product.
When
we use what
we know works in
Washington
state
and build the
system
to be
self-enforcing
due to its fairness
we will achieve a
system
that will be emulated
by
all. This
system
is
mutually
beneficial to all concerned and
spreads
the work and wealth to
existing agencies
in
Washington
State. When
you
make it so the farmers
are
making
money by following
the rules and
regulating
the
systemyou
eliminate the black market.
By allowing
individuals to fann
you
are
minimizing
the cost of
production
to market value. We can track the
product
from
conception
to
point
of sale with this
system.
We
permit
the
farmers, tag
the Plants.
License bond and insure the
producers keep
the
tags
with the
product
to the
point
of
sale. All the
regulation
and the burden of
tracking
are on the bonded
producer.
Normal
regulations apply
to the retail outlets.
Keep
it
simple
and use the
systems
we
have that
already
work for the state.
G ratefully
Emery
Krahn
00005507
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
~
Proposer’s
Authorized Offer
~
Proposer
Information
~ Subcontractor Information
~ Letter of Submittal
~ Non-Cost
Proposal
~ Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically on or before
February
15. 20.13 at 2:0.0.PM fPT).
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
~ Attach the
completed
submittal document to a sing le
email
messag e
and send it to
lcbbids@liq.wa.g ov.
~
Clearly
mark the
subject
line of the email: RFP-
K430.,
Vendor Name
( e.g .
RFP-
K430,
ABC
Company ).
~ The
preferred
software formats are Microsoft Word 2000. ( or
more recent
version)
and PDF. If this
presents any problem
or issue, contact the Procurement Coordinator
inunediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary g raphics
in their
proposals.
~ It is
preferred
that electronic
sig natures appear
on all documents
requiring sig nature. However, an email
date
stamp
will be
accepted as sig ned by
the
leg ally
authorized
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCB’s mail server in the
lcbbids@liq.wa.g ov
inbox. The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems or delay s
with e-mail when the WSLCB’s
sy stems
are operational.
If a Proposal
is
late,
it
may
be
rejected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals may
be
rejected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposer’s
convenience
only
and identifies the sections of this submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rejected as being non-responsive.
Proposer’s
Authorized Offer
( see pag e 2)
Proposer
Information
( see pag e 3)
Subcontractor Infonnation
( see pag e 4)
Letter of Sublnittal
( see pag e 5)
Non-Cost
Proposal ( see pag e 6)
Cost
Proposal ( see pag e 8)
xD
xD
xD
xD
xD
xD
Note.’ The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expertise
required
in all
Categ ories
described in RFP K430. In order to beller
leverag e resources available for
performing
the Services
required herein,
the WSLCB recommends that
potential Proposers may
form teams that combine
their
knowledg e, skills,
and abilities into one
( 1) Proposal
to meet the
requirements
as stated in RFP K430.
RFP K430 Submittal Document
1
00005508
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assnrances
We make the
following
certifications and assurances as a
required
element of the
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
1. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
ilie intention to submit an offer, or
(iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly
or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting a
single Proposal.
2. The attached
Response
is a firm offer for a period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
hl the case
of
protest,
our
Response
will remain valid for 180
days or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. ill
preparing
this
Response,
we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify
our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar
terms],
if selected
as a contractor. It is further understood that our standard contract will not be considered as a
replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one)
are / are not
submitting proposed
Contract
exceptions.
7. The authorized
sigoatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services anc1/or
equipment
in
compliance
with all
tenns, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to illitiative 502.
The
sigoatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result of this solicitation.
~
Proposer Sigoature
President
Title
RFP K430 Submittal Document
Big
EM
Marketing
Company
Name
2-15-2013
Date
2
00005509
RFP K430 Submittal Document
3
00005510
00005511
SUBCONTRACTOR INFORMATION
Check the
applicable
box:
DYes XDNo Your firm intends on
utiliz ing
subcontractors to fulfill the serV ice
requirements
outlined
in RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
his/her own
employees
carried
on
payroll
or
by using approved
subcontractors. Where subcontractors are used in the
performance
of the
contract, proposers
will indicate as required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed
or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
the Contractor.
If revisions are
required
in the subcontract
assig mnent, new
parties are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perform
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
performed, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1 Subcontractor 2
Name: NA Name: NA
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
FedID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified: Yes No OMWBE certified: Yes No
Subcontractor 3 Subcontractor 4
Name: NA Name: NA
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
Fed ID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified: Yes No
.
OMWBE certified: Yes No
RFP K430 Submittal Document
5
00005512
LETTER OF SUBMITTAL
The
Proposer’s
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introductory remarks,
the Letter of Submittal is to include
by
attachment the
following
information about the
Proposer
and
any proposed
subcontractors:
~
Name, address, principal place
of
business, telephone number,
and fax number/e-mail address
oflegal entity
or
individual with whom contract would be written.
~
Name, address,
and
telephone
number of eaoh
principal
officer
( President,
Vice
President, Treasurer, Chairperson
of the Board of
Directors, etc.)
~ Location of the
facility
from which the
Proposer
would
operate.
~ Statement of which. of the
following CategOlies Proposer
is
responding
to:
Category
1: Product and
Industry Knowledge
Category
2: Product
Quality
Standards and
Testing
Category
3: Product
Usage
and
Consumption
Validat ) ll
Category
4: Product
Regulation
~
Identify any
state
employees or former state
employees employed or on the firm’s
governing
board
as of the date
of the
proposal.
Include their
position
and
responsibilities
within the
Proposer’s organization.
If
following a
review of this
information,
it is determined
by
the WSLCB that a conflict of interest
exists,
the
Proposer may
be
disq ualified
from further consideration for the award of a contract.
RFP 1( 430 Submittal Document
6
00005513
NON-COST PROPOSAL
Please refrain from
using company
name or other information that will
id entify your company
while
preparing your
response
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB) reserves the
right
to
mod ify proposals
in ord er to eliminate
company
names or
any
other information that
may id entify a
specific company
brand .
CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
1.
Ability, Capacity
and Sltills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
other
expertise
in Prod uct and
Ind ustry Knowled ge, includ ing
but not limited to the
following:
a. How
Marijuana
and /or
Agricultural prod ucts are
grown, cultivated , harvested , cured ,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d . How wholesale and retail Prod uct should be recalled and accounted for
e. How
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Experience.
In two
(2) pages
or less, please
d escribe
your
firm’s
experience
in Prod uct and
Ind ustry Knowled ge
as it relates to
Marijuana.
3. Team Structure and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed project
team
structure and internal controls to be used
d uring
the course of the
project, includ ing any
subcontractors. Please
d efine how the firm will establish lines of
authority
for
personnel
who
might
be involved in
performance
of this
potential
contract and
relationships
of this staff to other
programs
or functions of the firm.
4. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ iIig
the ind ivid uals’
particular
skills related to this
project,
ed ucation, experience, significant accomplishments
and
any
other
pertinent
information.
CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
expertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
a. Knowled ge
of the infrastructure
required
to test
Marijuana
to ensure
prod uct quality, content, ingred ients
and consumer
safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
6.
Experience.
In two
(2) pages
or less, please
d escribe
your
firm’s
experience
in the Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana.
7. Staff
Qualifications and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
project,
ed ucation, experience, significant accomplishments
and
any
other
pertinent
information.
8.
Approach
and
Method ology.
hl two
(2) pages
or less, please provid e a
complete d escription
of
your
firms’
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop a
reputable protocol
for
Prod uct
Quality
Stand ard s and
Testing as requested
in this
RFP, to d etermine TCHlCBD levels and /or
ratios,
mold
or chemical
contaminates,
and Prod uct strain.
RFP K430 Subm.ittal Docum.ent
7
00005514
CATEGORY 3 PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
9.
Ability, Capacity
and Sltills. In two
(2) pages
or less, please
describe
your
finn’s
ability, capacity,
and skills
and/or
ex pertise
to estimate Product
Usage
and
Consumption
levels
by geographic
areas in
Washington
State.
10.
Ex perience.
In two
(2) pages
or less, please
describe
your
firm’s
ex perience
in statistical
research, specifically.
related to
determining demographic
and/or
psychographic segmentation, preferably
related to the use of Cannabis.
II. Staff
Qualifications and
Capabilities.
Please
identify
staff
by
name and
title, including subcontractors,
who
would be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
your
finn. Provide
qualifications
infonnation on the named.
staff, including
the individuals’
particular
skills related to this
proj ect,
education, ex perience, significant accomplishments
and
any
other
pertinent
information.
12.
Approach
and
Methodology.
In two
(2) pages
or less, please provide a complete description
of
your
finn’s
proposed approach
and
methodology
to be used for Product
Usage
and
Consumption
validation as
requested
in this
RFP, to estimate
demographic
and
psychographic segmentation, specifically
related to the use of Cannabis.
CATEGORY 4 PRODUCT REGULATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
13.
Ability, Capacity
and SltiIls. In two
(2) pages
or
less, please
describe
your
finn’s
ability, capacity,
and skills
and/or
ex pertise
in Product
Regulation, including
but not limited
to,
the
following:
a. Ex perience
with
State,
local or Federal
government processes
and
procedures
b.
Ex perience
in
crafting system regulations
14.
Ex perience.
In two
(2) pages
or less, please
describe
your
firm’s
ex perience
in
working
within the confines of a
regulatory system,
and
ex perience
in
creating
and/or
modifying rule, law, ordinance,
and/or
guidelines.
IS. Staff
Qualifications
and
Capabilities.
Please
identify
staff
by
name and
title, including subcontractors,
who
would be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
your
firm. Provide
qualifications
information on the named
staff, including
the individuals’
particular
skills related to this
proj ect,
education, ex perience, significant accomplishments
and
any
other
pertinent
information.
16.
Approach
and
Methodology.
In two
(2) pages
or less, please provide
a
complete description
of
your
firms’
proposed approach
and
methodology
to be used in
assisting
the WSLCB with
developing
rules and a regulation
strategy
for the state of
Washington’s new
Marij uana System.
RFP K430 Submittal Document
8
00005515
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table I
Q!
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly
Rate
Q!
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
SerVices. For the
purposes
of this
RFP,
one
day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
language
when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B ofthe RFP for
Proposer’s
convenience.
Table 1- Hourlv Rate
-
Descrintiou NTE Hourlv Rate
Not-lo-Exceed
(NTE) Hourly
Rate for 1-502
$ 50
p/hour
Consulting
Services as stated in this RFP
T bl 2’ D ’I R t a e
all:
ae
Descrintiou NTE Dailv Rate
Not-to-Exceed
(NTE) Daily
Rate for 1-502
$ 400
p/day
Consulting
Services as stated in tins RFP
RFP K430 Submittal Document
9
00005516
No Cost
Proposal
Category
1 -Product and
industry Knowledge.
A
Currently marijuana
is
grown
and cultivated in
Washington
indoors and out. The indoor
grow operations
are in homes commercial
buildings shops garages
barns motor homes
tmderground cargo
containers back room in
ex isting
businesses. The size
ranges
from 1-2
plants
to hundreds of
plants.
The indoor
plants
are
grown
under
grow lights
from
power supplied
from
standard electrical
companies
to
power generated
from onsite
generators,
or from
steeling power
before meters can record
usage.
One of the
ways
to detect
illegal
indoor
grows
is from ex cessive
power usage
this has created the
necessity
to find
power
off the
grid
or move
your grow
freq uently.
Outdoor
growing operations
are
susceptible
to numerous
challenges
such as
thieves,
animals
eating your plants bugs
frost
unforgiving
weather.
Outdoor
marijuana
is harvested in the fall and
processed
on site. You
hang
the
plant by
the
stems
upside
down
letting cure till dried to 80-90%. The leaves are trimmed off and
you
have a
tight
bud with around 20% Thc content.
Indoor
marijuana
is harvested
any
time it has been in a bud
stage
of
growth
for 60
days
this
usually
follows a 60
day Vegetative
state.
Making
the
processes
four months and
yielding
about
a pound per plant.
It is easier to control
security
indoors for obvious reasons. You can
produce a
higher
THC content
by providing
the
plant
with a
perfect growing
environment. it is best for
controlling pest
and moisture and
lighting
ratios with all the environment controlled
by
fans
thermostats and fertilized and treated water.
Although
there are commercial
grade processors
and
dryers
it is most common for farmers to
process
their own
plants by
hand. This is a lot of manual work and talces hours to
accomplish.
But if
you
do not
process
the
plant properly you
can destroy
the
q uality
and resale value
instantly.
If
you
do not cure it
properly you
will
get
mold. If
you
over dry
it
you
will
get
a
cmnchy product
that is harsh. If
you
over handle it
you
will knock off all the
crystal.
And the
crystal
is the whole
appeal
to the consumer.
B the THc is released from the cured
plant
thm
many
methods the basic
system
is
utilizing
its fat soluble
properties
to infuse it into butter or oil. There are other methods of
creating
oils
thm
wicking
out Thc thru ice water or chemicals then
using
the ex tracts to melt with beers and
wines. The candies and editable
products are
usually
infused in
syrup
or
sugar
based
products
to
malce them
appealing
and consun1able.
C
Marijuana
will need to have its
tag
from its
point
of
origin
thm the whole
process.
This
process
and its
regulations
and enforcement will be similar to the
process
of
pennitting a hunter
to harvest an animal. You will sell the fanner a
permit
to
grow @
$200 times 1000 farmers is
00005517
$200,000.
Just to
get
started then
you
sell
tags
at $5.00
per plant
times
100,000 plants per
month
that’s
$500,000
per
month. The
tags stay
with the
product
to the
point
of sale. These
tags
are 16
zip
tie like
tags
infused into the
plants
between the stem and the branches. Then
placed
in the
bag
for
delivery
to the
producer or broker the broker
pays
the farmer fair market value about $3.00
per gram
or $1000
per pound
or
plant
and he then
pays
the state tax of $250
per pound.
The 16
zip
tie
tags
are registered
to that fanner. The 16
tags
can be with
every
ounce of
product as its
moved to the
point
of sale. The
tags
themselves can be cut into 28 individual
strips
to be sold
with
every gram
if
necessary.
A
gram
is
usually
the smallest unit of
product ever sold. This
system
is
easy
cost effective and
easily
enforced. it
puts
the burden on the broker who is
Licensed
,bonded
and insured to
pay
the farmer tax and deliver
legal
taxed
marijuana
to retail
outlets. The broker can sell to retail outlets at $7.00
per gram
and make a
profit
that will
keep
him or her honest. Abroker will not want to risk
losing privileges by supporting any
other
processes
to deliver
legal
Taxed
marijuana.
Farmers will not tolerate black market farmers when
they
are
playing buy
the rules. It will serve as self-enforcement
D With the
tracking system
I
previously
described
you
will
easily
be able to track and
accOtmt for all
products
in the market
place
E You can easily destroy marijuana by sending
it to the incinerator this is a low cost
existing process readily
available and
right
next door to the state
patrol
office in
Spokane.
My experience
in this
industry spans
four decades from the time
my
brother returned from
Vietnam and
provided
me with
my
first book "the modern
day
cultivation of
marijuana"
to
currently being
entrusted with a network of
growing operations working together
to
provide
cannabis for medical users. Although
I
currently
do not
partake
due to
preference
I am
fully
aware of the condition of
euphoria
when under the influence of
marijuana.
I am aware of the
different strains and there effects as
reported
to me
by networking
with consumers. I was arrested
in 1999 for
growing
33
plants
and
imprisoned
in a federal
facility
in 2004 for that
grow.
This
has
provided
me with the
experience
of
dealing
with the federal
system.
I am
currently
a certified
pilot
and have a vast amount of
experience
in
working
with the federal
government
thru the FAA
to secure
my pilot
certificate after
my
conviction. This and
probation provided
me with a
knowledge
of
drug testing programs
and treatment
programs.
Within the state and federal
system.
I have
applied
for and received
my Washington
state
rights
to hold office and vote. I
am a
very organized man who has 20
years
of
experience
of
working
with L&I as a general
contractor I am
highly
skilled in
solving problems.
I am
very capable
in
researching programs
and
systems
that will solve
challenges.
I have a vast network of resources to call
upon
to
get
current and
applicable
infonnation tllat
pertains
to the need at tlle time. I
operated a flight
school
for 13
years.
I understand how to train educate and motivate students and coworkers. I am
honest and
very loyal.
I am a servant to
my community.
I serve
Rotary,
Greenhouse Food
Bank,
Chamber, VFW, Eagles,
Economic
development
Board.
Operating a flight
school under the
rules and
regulations
of the Federal Aviation Administration and homeland
security
has
provided
00005518
me with the
in s ig ht
an d
experien ce perfon n in g my job
n n der the
s cru tin y
of the Un ited States of
America.
00005519
Stocker.
Marlie
From:
Posted At:
Conversation:
Emerys Magic b u ilding <emery@magicb u ildings.com>
Friday, Feb ru ary 15,
2013 1:22 PM
RFP-K430, Big
Em
Marketing
Su b ject: RFP-K430, Big
Em
Marketing
Big
Em
Marketing
Emery Krahn,
President
Amy
Krahn VP.
emerykrahn@gmail.com
802 N Cedar Rd.
Deer
Park,
WA 99006
509-238-9443 Cell 990-6969
John
Farley (360)
664-1600
K430@liq.wa.gov
Liqu or
Control Board Initiative 502
Consu lting
Services
Regarding:
21828 K430
We are skilled
experienced
to
provide Consu lting
Services to assist the
Washington
State
Liqu or
Control Board with the
implementation
of Initiative 502
requ irements.
We have
years
of Produ ct and
Indu stry Knowledge
and have a network of
experts
to call
u pon
when needed.
Were familiar with Produ ct
Qu ality
Standards and can provide
minimu m standards for all
produ cts
infu sed with THe. We
wou ld
su ggest independent Testing
when needed at no cost to the state. I have no former or cu rrent state
employees
with me.
We estimate that a 100, 000 pou nds
of
produ ct
will b e consu med
per
month. With ou r
system
this will
generate
$25, 000, 000 per
month in taxes from the farmers. And an additional
$15, 680, 000
in retails sales tax. Ou r
system
of
u sing
the cu rrent assets and
Departments
within the
Washington
state
system
will b u ild a low cost to
regu late
and enforce
this new
produ ct.
When we u se what we know works in
Washington
state and b u ild the
system
to b e
self-enforcing
du e
to its fairness we will achieve a
system
that will b e emu lated
b y
all. This
system
is
mu tu ally
b eneficial to all concerned
and
spreads
the work and wealth to
existing agencies
in
Washington
State. When
you
make it so the farmers are
making
money b y following
the ru les and
regu lating
the
system you
eliminate the b lack market.
By allowing
individu als to farm
you
are minimizing
the cost of
produ ction
to market valu e. We can track the
produ ct
from
conception
to
point
of sale
with this
system.
We
permit
the
farmers, tag
the Plants. License b ond and insu re the
produ cers keep
the
tags
with the
produ ct
to the
point
of sale. All the
regu lation
and the b u rden of
tracking are on the b onded
produ cer.
Normal
regu lations apply
to the retail ou tlets.
Keep
it
simple
and u se the
systems
we have that
already
work for the state.
Gratefu lly
Emery
Krahn
1
00005520
Big
Em
Marketing
Emery Krahn,
President
Amy
Krahn VP.
emerykrahn@gmail.com
802 N Cedar Rd.
Deer
Park,
WA 99006
509-238-9443 Cell 990-6969
John
Farley (360)
664-1600
K430@liq.wa.gov
Liquor
Control Board Initiative 502
Consulting
Services
Regarding:
21828 K430
We are skilled
experIenced
to
provide Consulting
Services to assist the
Washington
State
Liquor
Control Board with the
implementation
ofInitiative 502
requirements.
We have
years
of Product and
Industry Knowledge
and have a network of
experts
to
call
upon
when needed.
Were familiar with Product
Quality
Standards and can
provide
minimumstandards
for all
products
infused with THC. We would
suggest independent Testing
when
needed at no cost to the state. I have no former or current state
employees
with me.
We estimate that a 100,000 pounds
of
product
will be consumed
per
month. With our
system
this will
generate
$25,000,000
per
month in taxes fromthe farmers. And an
additional
$15,680,000
in retails sales tax. Our
system
of
using
the current assets and
Departments
within the
Washington
state
system
will build a low cost to
regulate
and
enforce this new
product.
When we use what
we
know works in
Washington
state
and build the
system
to be
self-enforcing
due to its fairness we will achieve a
system
that will be emulated
by
all. This
system
is
mutually
beneficial to all concerned and
spreads
the work and wealth to
existing agencies
in
Washington
State. When
you
make it so the farmers are
making money by following
the rules and
regulating
the
systemyou
eliminate the black market.
By allowing
individuals to farm
you
are
minimizing
the cost of
production
to market value. We can track the
product
from
conception
to
point
of sale with this
system.
We
pennit
the
fanners, tag
the Plants.
License bond and insure the
producers keep
the
tags
with the
product
to the
point
of
sale. All the
regulation
and the burden ’of
tracking
are on the bonded
producer.
Normal
regulations apply
to the retail outlets.
Keep
it
simple
and use the
systems
we
have that
already
work for the state.
Gratefully
Emery
Krahn
00005521
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
~
Proposer’s
Authorized Offer
~
Proposer
Information
~ Subcontractor Information
~ Letter of Submittal
~ Non-Cost
Proposal
~ Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically
on or before
February
15, 2013 at 2:00PM WT).
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
~ Attach the
completed
submittal document to a single
email
message
and send it to
Icbbids@Iiq.wa.gov.
~
Clearly
mark the
subject
line ofthe email: RFP-
K430,
Vendor Name
( e.g.
RFP-
K430,
ABC
Company ).
)> The
preferred
software formats are Microsoft Word 2000
( or
more recent
version)
and PDF. If this
presents any problem
or issue,
contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary graphics
in their
proposals.
~ It is
preferred
that electronic
signatures appear
on all documents
requiring signature. However, an email
date
stamp
will be
accepted as signed by
the
legally
authorized
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received’at the WSLCB’s mail server in the
lcbbids@liq.wa.gov
inbox. The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems
or
delay s
with e-mail when the WSLCB’s
sy stems
are operational.
If a
Proposal
is
late,
it
may
be
rejected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals may
be
rejected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposer’s
convenience
only
and identifies the sections of this submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rej
ected as being non-responsive.
Proposer’s
Authorized Offer
( see page 2)
Proposer
Information
( see page 3)
Subcontractor Information
( see page 4)
Letter of Submittal
( see page 5)
Non-Cost
Proposal ( see page 6)
Cost
Proposal ( see page 8)
xD
xD
xD
xD
xD
xD
Note: The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expertise
required
in all
Categories
described in RFP K430. In order to better
leverage resources available for
performing
the Services
required herein,
the WSLCB recommends that
potential Proposers may
form teams that combine
their
knowledge, skills,
and abilities into one
( 1) Proposal
to meet the
requirements
as stated in RFP K430.
RFP K430 Submittal Document
1
00005522
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a required
element of the
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
1. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any
consultation, communication, or
agreement
with
any
other offeror or
~ompetitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or (iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly
or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or organizations
for the
purpose
of
presenting
a
single Proposal.
2. The attached
Response
is a firm offer for a period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
this
Response,
we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a separate page
and attached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
oftl s
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify
our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar terms
l,
if selected
as a contractor. It is further understood that our standard contract will no’l be considered
as.
a
replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(
circle
one) are / are not
submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to fumish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result of this solicitation.
~
Proposer Signature
President
Title
RFP K430 Submittal Document
Big
EM
Marketing
Company
Name
2-15-2013
Date
2
00005523
RFP K430 Submittal Document
3
00005524
00005525
SUBCONTRACTOR INFORMATION
Check the
applicable
box:
DYes XDNo Your finn intends on utiliz ing
subcontractors to fulfill the service
requirements
outlined
in RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
his/her own employees
carried
on
payroll
or by using approved
subcontractors. Where subcontractors are used in the
perfonnance
of the
contract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
perfonned or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
the Contractor.
If revisions are required
in the subcontract
assig nment,
new
parties
are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perfonn
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
perfOlmed, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1
Nmne: NA
Services:
Address:
Telephone
Email:
FedID:
UBI:
Work to be
PerfOlmed:
OMWBE certified:
Subcontractor 3
Name: NA
Services:
Address:
Telephone
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified:
Subcontractor 2
Name: NA
Services:
Address:
Telephone:
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified:
.
Yes No
Subcontractor 4
Name: NA
Services:
Address:
Telephone:
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified: Yes No
Yes No
Yes No
RFP K430 Submittal Document
5
00005526
LETTER OF SUBMITTAL
The
Proposer’s
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introduc tory remarks,
the Letter of Submittal is to inc lude
by
attac hment the
following
information about the
Proposer
and
any proposed
subc ontrac tors:
)>
Name, address, princ ipal plac e
of
business, telephone nnmber,
and fax numberle-mail address of
legal entity or
individual with whom c ontrac t would be written.
)>
Name, address,
and
telephone
number of eac h
princ ipal
offic er
( president,
Vic e
Presidel1 t, Treasurer, Chairperson
of the Board of
Direc tors, etc .)
)> Loc ation of the
fac ility
from whic h the
Proposer
would
operate.
)> Statement of whic h of the
following Categories Proposer
is
responding
to:
Category
I: Produc t and
Industry Knowledge
Category
2: Produc t
Quality
Standards and
Testing
Category
3: Produc t
Usage
and
Consumption
Validation
Category
4: Produc t
Regulation
)>
Identify any
state
employees
or former state
employees employed or on the firm’s
governing
board as of the date
of the
proposal.
Inc lude their
position
and
responsibilities
within the
Proposer’s organization.
If
following a
review of this
infonnation,
it is determined
by
the WSLCB that a c onflic t of interest
exists,
the
Proposer may
be
disq nalified
from further c onsideration for the award of a c ontrac t.
RFP K430 Submittal Doc ument
6
00005527
NON-COST PROPOSAL
Please refrain from
using company
name or other information that will
id entify your company
while
preparing your
response
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB) reserves the
right
to
mod ify proposals
in ord er to eliminate
company
names or
any
other information that
may id entify
a
specific company
brand .
CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
1.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
other
ex pertise
in Prod uct and
lnd ustry Knowled ge, includ ing
but not limited to the
following:
a. How
Marijuana
and /or
Agricultural prod ucts are
grown, cultivated , harvested , cured ,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d . How wholesale and retail Prod uct should be recalled and accounted for
e. How
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firm’s
ex perienc
in Prod uct and
lnd ustry Knowled ge
as it relates to
Marijuana.
3. Team Structure and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed project
team
structure and internal controls to be used
d uring
the course of the
project, includ ing any
subcontractors. Please
d efme how the firm will establish lines of
authority
for
personnel
who
might
be involved in
performance
of this
potential
contract and
relationships
of this staff to other
programs
or functions of the firm.
4. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by
name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
project,
ed ucation, ex perience, significant accomplishments
and
any
other
pertinent
information.
CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5.
Ability, Capacity
ami Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
ex pertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
.
a. Knowled ge
of the infrastructure
required
to test
Marijuana
to ensure
prod uct quality, content, ingred ients
and consumer
safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
6.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firm’s
ex perience
in the Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana.
7. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by
name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
pmticular
skills related to this
project,
ed ucation, ex perience, significant accomplislnnents
and
any
other
pertinent
information.
8.
Approach
and
Method ology.
In two
(2) pages
or less, please provid e a
complete d escription
of
your
firms’
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop a reputable protocol
for
Prod uct
Quality
Stand ard s and
Testing as
requested
in this
RFP,
to d etermine TCI-I/CBD levels and /or
ratios,
mold
or chemical
contmninates,
mld Prod uct strain.
RFP K430 Submittal Document
7
00005528
CATEGORY 3 -PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
9.
Ability, Capac ity
and Skills. In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
and skills
and/or
ex pertise
to estimate Produc t
Usag e
and
Consumption
levels
by g eog raphic
areas in
Washing ton
State.
10.
Ex perienCe.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
ex perienc e
in statistic al
researc h, spec ific ally
related to
determining demog raphic
and/or
psyc hog raphic seg mentation, preferably
related to the use of Cannabis.
11. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibil
ties in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals’
partic ular
slalls related to this
proj ec t,
educ ation, ex perienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
12.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide
a
c omplete desc ription
of
your
firm’s
proposed approac h
and
methodolog y
to be used for Produc t
Usag e
and
Consumption
validation as
requested
in this
RFP, to estimate
demog raphic
and
psyc hog raphic seg mentation, spec ific ally
related. to the use of Cannabis.
CATEGORY 4 -PRODUCT REGULATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
13.
Ability, Capac ity
and Sldlls. In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
and skills
and/or
ex pertise
in Produc t
Reg ulation, inc luding .
but not limited
to,
the
following :
a. Ex perienc e
with
State,
loc al or Federal
g overnment proc esses
and
proc edures
b.
Ex perienc e
in
c rafting system reg ulations
14.
Ex perienc e.
In two
(2) pag es
or less, please
desc ribe
your
finn’s
ex perienc e
in
working
within the c onfines of a
reg ulatory system,
and
ex perienc e
in
c reating
and/or
modifying rule, law, ordinanc e,
and/or
g uidelines.
15. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals’
partic ular
skills related to this
proj ec t,
educ ation, ex perienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
16.
Approac h
aud
Metho(lolog y.
In two
(2) pag es
or less, please provide a c omplete desc ription
of
your
firms’
proposed approac h
and
methodolog y
to be used in
assisting
the WSLCB with
developing
rules and a reg ulation
strateg y
for the state of
Washing ton’s new
Marij uana System.
RFP K430 Submittal Doc um nt
8
00005529
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table I
Q!:
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly
Rate
Q!:
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
ofthis
RFP,
one day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the hlitiative 502
language
when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B of the RFP for
Proposer’s
convenience.
Table I’ Ho rl R te u
y
a
Descrintion NTE Hourlv Rate
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
$ 50
p/hour
Consultin" Services as stated in this RFP
T bl 2 D ’I R t a e :
my
a e
Descrintion NTE Dailv Rate
Not-to-Exceed
(NTE) Daily
Rate for 1-502
$ 400
p/day
ConsultinlY Services as stated in this RFP
RFP K430 Submittal Document
9
00005530
State of
Washington .
LIQUOR
CONTROL BOARD
3000
Pacific
Ave
SE, P.O.Box 43090 .
Olympia,
W
shington
98504-3090 .
(360)
664-1700
http://wwwJig.wa.gov/
REQUEST
FOR PROPOSALS
(RFP)
K430 INITIATIVE 502 CONSULTING SERVICES
Solicitation Number
K430
Pre-Proposal
Conference Date &Time
January 30,
2013
11:00 AM
(PT)
Proposal
due date and time
February 15,
2013
2:00PM
(PT)
John
Farley
Contracts
Specialist
E-mail:
K430@liq.wa.gov
To
request
this information in alternative formats call
(360)
664-1600
Proposals
must be received via email &
electronically
date/time
stamped
on or before the
Proposal
due date and time in the
following
inbox:
lcbbids@lig.wa.gov
00005531
TABLE OF CONTENTS
1
I NTR OD U CTI ON. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1. 1
SCOP E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1. 2
BACK G R OU ND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1. 3
P U R P OSE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
1. 4
AW AR D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1. 5
TER M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1. 6 STATEM ENT OF
W OR K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
1. 7 SOLI CI TATI ON SP ECI FI C D EFI NI TI ONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1. 8 CONTR ACTI NG W I TH CU R R ENT OR FOR M ER STATE EM P LOYEES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1. 9
ACQU I SI TI ON
AU THOR I TY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
1. 10 SOLI CI TATI ON STAND AR D S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2 G ENER AL I NFOR M ATI ON
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2. 1 ESTI M ATED P R OCU R EM ENT SCHED U LE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2. 2
QU ESTI ON
AND ANSW ER P ER I OD
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2. 3 P R E-P R OP OSAL CONFER ENCE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2. 4 AU THOR I ZED COM M U NI CATI ON
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2. 5 CONTR ACT FOR M ATI ON
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2. 6 CONTR ACT
R EQI D R EM ENTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2. 7 I NCOR P OR ATI ON OF D OCU M ENTS I NTO CONTR ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2. 8 I NSU R ANCE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3 P R OP OSAL
SU BM I TTALS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3 . 1 SU BM I TTAL I NSTR U CTI ONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3 . 2 P R EP AR ATI ON OF P R OP OSALS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
3 . 3 P R OP OSER R ESP ONSI VENESS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4 EVALU ATI ON AND AW AR D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4. 1
OVER VI EW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4. 2 ALLOCATI ON OF P OI NTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
4. 3 EVALU ATI ON
P R OCESS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
4. 4 SELECTI ON OF AP P AR ENTLY SU CCESSFU L
P R OP OSER ( S) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4. 5 NOTI FI CATI ON OF AP P AR ENT SU CCESSFU L
P R OP OSER ( S)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4. 6 D EBR I EFI NG OF U NSU CCESSFU L P R OP OSER S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4. 7 P R OTEST P R OCED U R ES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
4. 8 P OST AW AR D CONFER ENCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
AP P END I X A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
AP P END I X
B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
I nitiative 5 02
Consulting
Services R FP K 43 0
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00005532
1 INTRODUCTION
1.1 SCOPE
The
Washington
State
Liquor
Control Board
(WSLCB)
is
conducting
this
Request
for
Proposals
(RFP)
in order to establish a Contract(s)
for
Consulting
Services to assist the WSLCB with the
implementation
of the
Washington
State Initiative 502
(I-502) requirements.
1.2 BACKGROUND
The WSLCB was formed in 1933
by
the Steele Act to
regulate
the
importation, manufacture,
distribution,
and sale of alcohol within the state of
Washington.
The current Mission ofthe
WSLCB is to
promote public safety by
consistent and fair administration of
liquor
laws
through
education, voluntary compliance, responsible
sales and
preventing
the misuse of alcohol and
tobacco. In November
2012, Washington
State voters
passed
Initiative
502,
which authorizes the
WSLCB to
regulate
and tax
Marijuana
for
persons twenty-one (21) years
of
age
and older.
CUTI’ ently,
the WSLCB must
implement
the
requirements ofI-502,
while
keeping public safety a
top priority.
Initiative 502
requires
that
Marijuana
be a
tightly regulated,
state-licensed
system
similar to that
for
controlling spirits.
This new
Washington
State
system
for
growing, processing, retailing,
and
producing Marijuana
is
unprecedented
and must be built from the
ground up.
The WSLCB is
given
until December
I,
2013 to finalize rules to
implement
all
requirements
ofI-502. The
WSLCB
currently
estimates that it will take the full time allowed to
develop
the mles and
infrastmcture
required
under 1-502.
Proposers responding
to this RFP must be familiar with the full text ofI-502 in order to
successfully provide
the
Consulting
Services
required
herein. Full text ofI-502 can be found
here: Initiative 502.
For the
purposes
of this
RFP,
the WSLCB’ s 1-502
Consulting
Services
requirements
have been
divided into the
following
fonr
Categories:
1. Product and
Industry Knowledge
2. Product
Quality
Standards and
Testing
3. Product
Usage
and
Consumption
Validation
4. Product
Regulation
1.3 PURPOSE
The
purpose
of this RFP is to establish a
Contract(s)
for
Consulting
Services for each
Category
listed
below, to assist the WSLCB with the
implementation
of the
requirements
of Initiative 502.
The Awarded
Contractor(s)
shall have
expertise
in and
provide
assistance
with,
but not limited
to,
the
following Categories:
)>
Category
1: Product and
Industry Knowledge
This
Category includes,
but is not limited to:
a. How
Marijuana
and/or
Agricultural products are
grown, cultivated, harvested, cured,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged, labeled, transported,
and sold at retail level
d. How wholesale and retail Product should be recalled and accounted for
e. How
Marijuana
should be
destroyed
if over
produced, contaminated, or recalled
Initiative 502
Consulting
Services RFPK430
3 of 17
00005533
Category
1 Minimum Qualifications:
Proposers
and/or associates
responding
to this
Category
must have at least three
(3)
years
of
consulting experience relating
to the
knowledge
of the Cannabis
industry,
including
but not limited
to, product growth, harvesting, packaging, product infusion,
and
product safety.
)>
Category
2: Product
Quality
Standards and
Testing
This
Category includes,
but is not limited to:
a. Knowledge
of the infrastructure
required
to test
Marijuana
to ensure
product quality,
content, ingredients
and consumer
safety
considerations
b.
Assisting
the WSLCB with
establishing quality
standards for
testing
Category
2 Minimum Qualifications:
Proposers
andlor associates
responding
to this
Category
must have a Bachelor’s
degree
in
Chemistry, Biology, Agriculture
or related
field, or at least five
(5) years
of
experience
with Cannabis
testing
to determine THCICBD levels and
ratios,
mold or
chemical contaminates and strain.
)>
Category
3: Product
Usage
and
Consumption
Validation
This
Category includes,
but is not limited to:
a.
Expertise
to estimate Product
usage
and
consumption
levels
by geographic areas in
Washington
State.
Category
3 Minimum
Qualifications:
Proposers
and/or associates
responding
to this
Category
must have a Bachelor’s
degree
in a field related to statistical
research, or five
(5) years
of
experience
determining demographic
and/or
psychographic segmentation, preferably
related to
the use of Cannabis.
)>
Category
4: Product
Regulation
This
Category includes. ,
but is not limited to:
a. A
strong understanding
of
State,
local or Federal
government processes
and
procedures
b.
Assisting
the WSLCB in
crafting Marijuana system regulations
Category
4 Minimum
Qualifications:
Proposers
and/or associates must have at least five
(5) years
of
experience working
within the confines of a
regulatory system,
and
experience
in
creating/modifying rule,
law,
ordinance or
guidelines.
A Juris Doctor
(JD)
is
preferred,
but not
required.
The Awarded
Contractor(s)
shall
provide
services and
staff,
and otherwise do all
things necessary
for or incidental to the
performance
of
work, as stated in Section
1. 6,
Statement of Work. The
WSLCB reserves the
right
to add or remove
required areas of
expertise
to meet the
operational
and
strategic objectives
of the WSLCB to
implement
the
requirements
of Initiative 502.
Note: The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expertise required
in all
Categories
described above. In order to better
leverage
resources available for
performing
the services
required herein,
the WSLCB recommends that
potential Proposers may
form teams that combine their
knowledge, skills,
and abilities into one
(1) Proposal
to meet the
requirements
as stated herein.
Initiative 502
Consulting
Services RFPK430
40f17
00005534
1.4 AWARD
The WSLCB intends to award the
Contract(s) resu l ting
from this sol icitation to the
responsive
responsibl e Proposer(s)
with the
hig hest
total
score(s).
It is the intent of the WSLCB to enter into a
sing l e
Contract for al l
Categ ories (1-4)
l isted in
Section 1.3 above. Whil e
awarding a
sing l e
Contract to one (1) Proposer meeting
the
requ irements
of al l
Categ ories
is
preferred,
the WSLCB reserves the
rig ht
to make
mu l tipl e
awards
by Categ ory as
necessary,
to meet the
operational
and
strateg ic obj ectives
of the
ag ency.
The
Washing ton
State
Liqu or
Control Board does not
represent
or
g u arantee any
minimu m
pu rchase.
This sol icitation does not
obl ig ate
the
Washing ton
State
Liqu or
Control Board to contract for services
specified
herein.
1.5 TERM
The initial term of the
Contract(s) resu l ting
from this RFP shal l be two
(2) years
from date of
award,
with the
option
to extend for additional one
(1) year term(s)
or
portions
thereof. The
maj ority
of the work wil l be
requ ired du ring
the first
year
of the Contract to meet the 1-502
impl ementation
deadl ine of December
I, 2013,
with as needed
consu l ting
services thereafter.
Extensions for each additional term shal l be offered at the sol e discretion of the WSLCB and are
su bj ect
to written mu tu al
ag reement.
The total contract
term, incl u ding
the initial tenn and al l
su bsequ ent extensions,
shal l not exceed five
(5) years
u nl ess an
emerg ency
exists and/or
special
circu mstances
requ ire a partial
term extension. The WSLCB reserves the
rig ht
to extend with al l
or some of the
Contractors, as
sol el y
detennined
by
the WSLCB.
1.6 STATEMENT OF WORK
The Awarded
Contractor(s)
shal l :
Provide
Consu l ting
Services to the WSLCB which shal l assist the
ag ency
with the
impl ementation
ofI-S02
requ irements incl u ding ,
bu t not l imited
to,
the
fol l owing : devel opment
of
reports, docu ments, strateg ies, standards, g u idel ines, proj ect pl ans, protocol ,
stakehol der
assessments, data,
etc.
Categ ory
1: Produ ct and
Indu stry Knowl edg e
The Awarded Contractor shal l assist the WSLCB with the
impl ementation
ofI-S02
requ irements
incl u ding ,
bu t not l imited
to, establ ishing
the
fol l owing :
1. Minimu m standards
rel ating
to the
g rowth, harvesting , transporting
and sal e of u seabl e
recreational
Marij u ana
2. Minimu m standards for Produ ct
safety rel ating
to the infu sion of
Marij u ana
or
Marij u ana
byprodu cts
in
food, beverag e, l otions,
ointments or other Produ cts to be sol d in retail
l ocations
3. Minimu m standards for the
tracking
and reconcil iation of Produ ct
g rown, sol d,
and/or
destroyed
Categ ory
2: Produ ct
Qu al ity
Standards and
Testing
The Awarded Contractor shal l assist the WSLCB with the
impl ementation
ofI-S02
requ irements
incl u ding ,
bu t not l imited
to, establ ishing
the
fol l owing :
I. Minimu m standards al l owed for
testing
and
confirming
Produ ct
safety
from contaminants
2.
Testing
standards for Produ ct
testing
of THC/CBD l evel s and ratios for Produ ct offered
3.
Label ing
standards needed to meet the
requ irements
as defined
by
l aw
Initiative 502
Consu l ting
Services RFPK430
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00005535
Category
3: Product
Usage
aud
Consumption
Validatiou
The Awarded Contractor shall assist the WSLCB with the
implementation
ofI-502
requirements
including,
but not limited
to, providing
the
following:
1. A
report detailing recreational,
medical and total
Marijuana use in
Washington State, by
county
2. A
projected
volume of
Marijuana
needed on an annual basis to
satisfy demand,
and
establish
plant yield
and
growth
volume
assumptions
needed to
keep pricing
at or below
black market levels
Category
4: Product
Regulation
The Awarded Contractor shall assist the WSLCB with the
implementation
ofI-502
requirements
including,
but not limited
to,
the
following:
1. Conduct stakeholder focus
groups
for discussion and determination of best
practice
relating
to the
growth, harvesting, distribution, product
infusion and sale of useable
recreational
Marijuana
2. Provide written
independent
third
party assumptions,
"recommendations and
oversight
following guidelines
established
by
the
Open
Government Act
General
Requirements:
The Awarded
Contractor(s)
will work in
conjunction
with the WSLCB
project manager
and
any
other identified WSLCB
personnel
to ensure that the services are provided
in accordance with
industry
standards and best
practices.
1.7 SOLICITATION SPECIFIC DEFINITIONS
Cannabis:
cnD:
Marijuana
For the
purposes
of this
RFP,
each area of
expertise
that the WSLCB is
seeking
to assist with the
implementation ofI-502,
which include the
following:
. Product and
Industry Knowledge
. Product
Quality
Standards and
Testing
. Product
Usage
and
Consumption
Validation
. Product
Regulation
Carmabidiol
Category:
Marijnana:
Marijuana System:
THC:
Marijuana,
useable
marijuana, marijuana-infused products
The new
Washington
State
system
for
growing, processing, retailing,
and
producing marijuana
.
Marijuana
Tetrahydrocarmabinol
Product:
1.8 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES
Specific
restrictions
apply
to
contracting
with current or fonner state
employees pursuant
to
chapter
42.52 of the Revised Code of
Washington. Proposers sh.ould
familiarize themselves with
the
requirements prior
to
submitting a Proposal
that includes current or former state
employees.
1.9
ACQillSITION
AUTHORITY
This RFP is issued in accordance with RCW 39.26 and
complies
with the
policies
and
procedures
of the
Department
of
Enterprise
Services
(DES).
Initiative 502
Consulting
Services RFP K430
60f17
00005536
1.10 SOLICITATION STANDARDS
The Solicitation Standards document has been included as
Appendix
B.
This document contains
important
information for
Proposers applicable
to this solicitation. This
information
applies directly to,
and is
incorporated by reference,
into the solicitation and
contract(s) resulting
from this solicitation. As
such, Proposers
do not need to attach this
document with their
response
to the solicitation. It is the
responsibility
of the
Proposer
to read
and
fully
understand the details of all items contained herein
prior
to
Proposal
submittal.
2 GENERAL INFORMATION
2.1 ESTIMATED PROCUREMENT SCHEDULE
The dates listed below
represent
the
proj
ected
procurement
schedule. The WSLCB reserves the
rig ht
to
chang e
the schedule. Notification of amendments to the
procurement
schedule
prior
to
Proposal opening may
be sent
electronically
to all
properly reg istered
users of the
Department
of
Enterprise
Services’
Washing ton’s
Electronic Business Solution
(WEBS)
who downloaded this
RFP from WEBS.
Chang es
to the Procurement Schedule after
Proposal Opening may
be communicated to all
Proposers reflecting
the
chang e.
Date Time Event
January 17,
2013 Issue Solicitation Document
(Available
for
download at
https://fortress.wa.g ov/g a/webs/)
January 17,
2013-
Question
and Answer Period
Februarv
13,
2013
January 28,
2013 Amendment
Issued,
if
applicable (Proposers
should
beg in
checking WEBS for
any amendments)
January 30,
2013 11:00 a.m.
(PT) Proposer Pre-Proposal
Conference
February 4,
2013 Amendment
Issued,
if
applicable (Proposers
should
beg in checldng
WEBS for
anv amendments)
F ebruarv
15,
2013 2:00
p.m. (PT)
Prooosals Due
February 19,
2013 Evaluation
Beg ins
March
5,
2013
Apnarent
Successful Proooser Announcement
March
5,
2013-
Debriefing
Period
(see
section
4.6)
March
8,
2013
March
11,
20143- Protest Period
(see
section
4.7)
March
15,
2013
March
20,
2013 Anticioated Award Date
2.2
QUESTION
AND ANSWER PERIOD
Proposer questions
and/or comments
reg arding
this RFP will be allowed consistent with the
respective
dates
specified
in the Procurement Schedule. All
Proposer questions
and/or conunents
must be submitted in
writing
to
K430(iV,liq.wa.g ov.
Official written WSLCB
responses
will be
provided
for
Proposer questions
received
by
the
respective
deadlines.
The
Proposer
that submitted each
question
will not be identified. Verbal
responses
to
questions
will be considered unofficial mld
non-binding . Only
written
responses posted
to WEBS will be
considered official and
binding .
Initiative 502
Consulting
Services RFPK430
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00005537
2.3 PRE-PROPOSAL CONFERENCE
An
o p t i o na l Pre-Pro p o sa l
co nference t o a ddress so l i ci t a t i o n
requi rement s
wi l l be hel d a t t he t i me
a nd l o ca t i o n i ndi ca t ed bel o w. Whi l e a t t enda nce i s no t
ma nda t o ry, Pro p o sers
a re
enco ura ged
t o
a t t end a nd
a ct i v el y p a rt i ci p a t e.
If
i nt erp ret a t i o ns, sp eci fi ca t i o ns, o r o t her
cha nges
t o t he
so l i ci t a t i o n a re
requi red a s a resul t o f t he
co nference,
t he Pro curement Co o rdi na t o r
ma y
ma ke
a mendment s t o t he so l i ci t a t i o n a nd
p ro v i de
t ho se a mendment s
by p o st i ng
t hem o n WEBS a t
ht t p s: / / fo rt ress.wa .go v / ga / webs/ .
Assi st a nce fo r
di sa bl ed,
bl i nd o r
hea ri ng-i mp a i red p erso ns
who wi sh t o a t t end i s a v a i l a bl e wi t h
p ri o r a rra ngement
wi t h,t he Pro curement Co o rdi na t o r.
Pre-Pro p o sa l
Da t e:
I’re-Pro p o sa l
Ti me:
Pre-Pro p o sa l
Lo ca t i o n:
Ja nua ry 30,
2013
11: 00 a .m.
(PT)
Grea t er Ta co ma Co nv ent i o n &Tra de Cent er
1500
Bro a dwa y
Ta co ma ,
W A 98402
Dri v i ng
di rect i o ns a nd
p a rki ng
i nfo rma t i o n fo r t he Grea t er Ta co ma Co nv ent i o n a nd Tra de Cent er
i s a v a i l a bl e a t
ht t p : / / t a co ma co nv ent i o ncent er.co m/ p l a n
di rect i o ns.ht m!.
2.4 AUTHORIZED COMMUNICATION
Up o n
rel ea se o f t hi s
RFP,
a l l
Pro p o ser
co mmuni ca t i o ns
co ncerni ng
t hi s so l i ci t a t i o n must be
di rect ed t o t he Pro curement Co o rdi na t o r l i st ed bel o w. Una ut ho ri zed co nt a ct
rega rdi ng
t hi s
so l i ci t a t i o n wi t h o t her St a t e
emp l o yees, i ncl udi ng
WSLCB
emp l o yees,
i nv o l v ed wi t h t he
so l i ci t a t i o n
ma y
resul t i u
di squa l i fi ca t i o n.
Al l o ra l co mmuni ca t i o ns wi l l be co nsi dered
uno ffi ci a l a nd
no n-bi ndi ng o n t he WSLCB.
Pro p o sers
sho ul d
rel y o nl y
o n wri t t en st a t ement s
i ssued
by
t he Pro curement Co o rdi na t o r.
Pro curemeut Co o rdi na t o r:
Ema i l Address:
Address:
Jo hn
Fa rl ey
K430@l i g.wa .go v
Wa shi ngt o n
St a t e
Li quo r
Co nt ro l Bo a rd
3000 Pa ci fi c Av enue SE
Ol ymp i a ,
WA 98504
2.5 CONTRACT FORMATION
A
Pro p o sa l
submi t t ed i n
resp o nse
t o t he So l i ci t a t i o n i s ml o ffer t o co nt ra ct wi t h t he WSLCB. The
successful
Pro p o sa l
wi l l beco me a n el ement o f t he a wa rded Co nt ra ct .
2.6 CONTRACT
REQi l l REMENTS
A Mo del Co nt ra ct ha s been i ncl uded a s
Ap p endi x
B.
To be
Resp o nsi v e, Pro p o sers
must i ndi ca t e a wi l l i ngness
t o ent er i nt o a Co nt ra ct
subst a nt i a l l y
t he
sa me a s t he Co nt ra ct i n
Ap p endi x B, by si gni ng
t he
Cert i fi ca t i o ns
a nd Assura nces l o ca t ed i n t he
Submi t t a l Do cument l o ca t ed i n
Ap p endi x
A.
Any sp eci fi c a rea s o f
di sp ut e
wi t h t he a t t a ched
t erms a nd co ndi t i o ns must be i dent i fi ed i n t he
Resp o nse
a nd
ma y,
a t t he so l e di scret i o n o f t he
WSLCB,
be
gro unds
fo r
di squa l i fi ca t i o n
fro m ft nt her co nsi dera t i o n i n t he a wa rd o f a Co nt ra ct .
Under no c cumst ml ces i s a
Pro p o ser
t o submi t t hei r o wn st a nda rd co nt ra ct t erms a nd co ndi t i o ns
a s a
Resp o nse
t o t hi s so l i ci t a t i o n.
Inst ea d, Pro p o ser
must rev i ew a nd
i dent i fy
t he
l a ngua ge
i n
Ap p endi x
B t ha t
Pro p o ser
fi nds
p ro bl ema t i c,
st a t e t he
i ssue,
a nd
p ro p o se
t he
l a ngua ge o r co nt ra ct
mo di fi ca t i o n
Pro p o ser
i s
request i ng.
Al l o f
Pro p o ser’s excep t i o ns
t o t he co nt ra ct t erms a nd
co ndi t i o ns i n
Ap p endi x
B must be submi t t ed wi t hi n t he
Resp o nse,
a t t a ched t o t he Submi t t a l
Do cument . The WSLCB
exp ect s
t he fi na l
Co nt ra ct (s) si gned by
t he Successful
Pro p o ser(s)
t o be
Ini t i a t i v e 502
Co nsul t i ng
Serv i ces
RFPK430
8 o f 17
00005538
s u b s t a n t i a l l y
t he s a me a s t he Con t ra ct l oca t ed i n
Appen di x B,
b u t wi l l con s i der
propos ed cha n ges .
Propos er’s
s u b mi s s i on of a
Res pon s e
t o t hi s s ol i ci t a t i on con s t i t u t es
a ccept a n ce
of t hes e con t ra ct
requ i remen t s .
The
foregoi n g
s hou l d n ot b e
i n t erpret ed
t o
prohi b i t
ei t her
pa rt y
from
propos i n g
a ddi t i on a l
con t ra ct t erms a n d con di t i on s
du ri n g n egot i a t i on
of t he fi n a l Con t ra ct .
2.7 INCORPORATIONOFDOCUMENTSINTOCONTRACT
Thi s Sol i ci t a t i on
docu men t ,
a n y s u b s equ en t Amen dmen t s ,
a n d t he
Propos er’s Res pon s e
wi l l b e
i n corpora t ed
i n t o t he
res u l t i n g
Con t ra ct .
The WSLCB res erves t he
ri ght
t o ma ke a n a wa rd wi t hou t fu rt her di s cu s s i on of t he
Res pon s e
s u b mi t t ed; i .e.,
t here
ma y
b e n o b es t a n d fi n a l offer
requ es t . Therefore,
t he
Res pon s e
s hou l d b e
s u b mi t t ed on t he mos t fa vora b l e t erms t ha t
Propos er
i n t en ds t o offer.
2.8 INSURANCE
The Su cces s fu l
Propos er(s )
i s
requ i red
t o ob t a i n i n s u ra n ce t o
prot ect
t he WSLCB s hou l d t here b e
a n y cl a i ms , s u i t s , a ct i on s , cos t s ,
or
da ma ges
or
expen s es a ri s i n g
from
a n y n egl i gen t or i n t en t i on a l
a ct or omi s s i on of t he
Propos er
or i t s
Su b con t ra ct or(s ), or t hei r
a gen t s ,
whi l e
performi n g
work
u n der t he t erms of
a n y
Con t ra ct
res u l t i n g
fromt hi s s ol i ci t a t i on .
Propos ers
wi l l fi n d a
compl et e
des cri pt i on
of t he
s peci fi c
i n s u ra n ce
requ i remen t s
i n t he
propos ed
con t ra ct t erms i n t he Model
Con t ra ct Docu men t l oca t ed i n
Appen di x
B.
3 PROPOSALSUBMITTALS
Res pon d
t o t he
fol l owi n g requ i remen t s
i n t hi s s ect i on .
3.1 SUBMITTALINSTRUCTIONS
Propos er
s ha l l s u b mi t on e
(I)
el ect ron i c
copy
of t hei r
compl et e Propos a l
t o
Icb b i ds @!i g.wa .gov
i n t he
fol l owi n g ma n n er:
>-
Compl et e
en t i re Su b mi t t a l Docu men t l oca t ed i n
APpen di x
A a n d a t t a ch i t t o t he ema i l .
>-
Cl ea rl y
ma rk t he
s u b ject
l i n e oft he ema i l :RFP
K430,
Ven dor Na me
(e.g. RFP-K430,
ABC
Compa n y ).
>- The
preferred
s oft wa re forma t s a re Mi cros oft Word 2000
(or
more recen t
vers i on )
a n d
PDF. If t hi s
pres en t s a n y prob l em
or i s s u e, con t a ct t he Procu remen t Coordi n a t or
i n n n edi a t el y .
>- It i s
preferred
t ha t el ect ron i c
s i gn a t u res a ppea r
on a l l docu men t s
requ i ri n g s i gn a t u re.
However, a n ema i l da t e
s t a mp
wi l l b e
a ccept ed
a s
s i gn ed b y
t he
l ega l l y
a u t hori zed
repres en t a t i ve
of t he fi n n for t he
pu rpos e
of t hi s
Propos a l on l y .
>- To
keep
fi l e s i zes t o a mi n i mu m, Propos ers
a re ca u t i on ed n ot t o u s e
u n n eces s a ry gra phi cs
i n t hei r
Propos a l s .
Propos a l s
s hou l d b e s u b mi t t ed i n t he forma t des cri b ed i n t hi s s ol i ci t a t i on . Al l
Propos a l s
a n d
a n y
a ccompa n y i n g
docu men t a t i on b ecome t he
propert y
of t he WSLCB ffi l d wi l l n ot b e ret u rn ed.
In compl et e Propos a l s ma y
b e
reject ed. Propos a l s
s u b mi t t ed
b y fa x,
wi l l n ot b e
a ccept ed
a n d wi l l
b e con s i dered
n on -res pon s i ve.
In i t i a t i ve 502
Con s u l t i n g
Servi ces RFP K430
9ofl ?
00005539
3.2 PREPARATION OF PROPOSALS .
Proposer
shall
complete
and
provide
the
following
information
(1-6). Incomplete
or
vague
responses may
be considered
non-responsive
and
may
be
rej ected.
Failure to
complete
and
submit the
required
items listed in this section
may disqualify
the
Proposer
from further
pmticipation
in this RFP.
1.
Proposer’s
Authorized Offer
Proposer’s
Authorized
Offer,
in the Submittal Document of
Appendix A, must be
signed by
the
Proposer’s
Authorized
Representative.
For the
purposes
of this
solicitation, an email
date/time
stamp
will be
accepted as signed by
the
legally
authorized
representative
of the
proposing
firm.
Proposer
must
complete
the
signature
box information on the
Proposer’s
Authorized Offer
page.
2.
Proposer
Information
Using
the Submittal Document in
Appendix A,
the
Proposer
shall
complete
the
Proposer
Profile, Proposer
Authorized
Representative, Payment Options,
and
Categories
of Service
sections.
3. Subcontractor Information
Using
the Submittal Document in
Appendix A, Proposer
is instructed to
complete
the
Subcontractor hlformation section if tile
Proposer
intends on utilizing
Subcontractors. If
Proposer
does not intend to use Subcontractors,
the
Proposer
is not
required
to
complete
this
section of the Submittal Document. If no information is
entered,
the WSLCB will assume
that Subcontractors will not be used.
The WSLCB will
accept Responses
that include third
party
involvement
only
if the
Proposer
submitting
the
Response agrees
to take
complete responsibility
for all actions of such
Subcontractors.
Proposer
must state whether Subcontractors are/are not
being
used.
If
applicable, Proposer
shall
identify
all subcontractors who will
perform
services in
fulfillment of contract
requirements, including
their
name,
the nature of services to be
performed, address, telephone, facsimile, email,
federal tax identification number
(TIN),
and
anticipated
dollar value of each subcontract.
Proposer
shall
complete
this section of
Appendix
A. The WSLCB reserves the
right
to
approve
or
rej
ect
any
and all Subcontractors
that
Proposer proposes. Any
Subcontractors not listed in the
Proposer’s Response,
who are
engaged
after award of the Contract must be
pre-approved,
in
writing, by
the
WSLCB,
before
providing
services under the contract.
Specific
restrictions
apply
to
contracting
with current or former state
employees pursuant
to
Chapter
42.52 RCW.
Proposers
should familiarize themselves with the
requirements priorto
submitting a Response.
4. Letter of Submittal
Proposer
shall
compose
and submit a Letter of Submittal which meets the
requirements
set
f01ih in the Submittal Document in
Appendix
A.
5. Non-Cost
Proposal
Using
the Submittal Docunlent located in
AllPendix A, Proposer
is instructed to
complete
and submit the Non-Cost Section. The
Proposer may
attach additional sheets if
necessary.
6. Cost
Proposal
Using
the Submittal Document located in
Appendix A, Proposer
is instructed to
complete
and submit the Cost Section. The
Proposer may
attach additional sheets if
necessary.
Initiative 502
Consulting
Services RFP K430
10of17
00005540
Proposers
shall extend unit
pricing as req uired.
In the event of an error in the extension of
prices,
the unit
price
shall
prevail.
For travel refated
costs,
see the Model Contract located in
AppendixB.
Prices
proposed
are in V. S dollars. All costs associated with the services
provided
must be
incorporated
into the
Proposer’s
Cost Submittal.
Proposer
must
complete Appendix
A.
All
pricing
shall include the costs of
Proposal preparation, servicing
of
accounts,
and
complying
with all contractual
req uirements.
Failure to
identify
all costs in a manner
consistent with the instructions in this RFP is sufficient
grounds
for
disq ualification.
3. 3 PROPOSER RESPONSIVENESS
Proposer
must
respond
to each
q uestion/req uirement
contained in this RFP. Failure to
comply
with
any applicable
item
may
result in the
Response being
deemed
non-responsive
and
disq ualified.
Failure to
provide adeq uate
information to demonstrate to the evaluators that
your
firm meets the
req uirements may
constitute
grounds
for
disq ualification
and
may
be established
by any
of the
following
conditions:
. The
Proposer
states a
req uirement
cannot be met.
. The
Proposer
fails to include information
req uested.
. The
Proposer
fails to include sufficient information to substantiate that a
given req uirement
can be met.
The WSLCB reserves the
right
to consider the actual level of
Proposer’s compliance
with the
req uirements specified
in this solicitation and to waive informalities in a Proposal.
An
informality
is an immaterial variation from the exact
req uirements
of the
competitive solicitation, having no
effect or merely a minor or negligible
effect on
q uality, q uantity,
or
performance
of the services
being procured,
and the correction or waiver of which would not affect the relative
standing of, or
be otherwise
prej udicial
to
Proposers.
4 EVALUATION ANDAWARD
4. 1 OVERVIEW
The
Proposer(s)
who meets all ofthe RFP
req uirements
and receives the
highest
number of total
points
as described in this
section,
will be declared the Successful
Proposer(s)
and enter into
contract
negotiations
with theWSLCB.
It is the intent of the WSLCB to enter into a
single
Contract for all
Categories (1-4)
listed in
Section
1. 3, Purpose.
If it is deemed in the best interest of the
Agency,
the WSLCB
may
award
Contract(s) by
individual
Category(ies).
4. 2 ALLOCATION OF POINTS
The scores for each
Proposal
will be
assigned
a relative
importance
for each scored section. The
relative
importance
for each section is as follows:
PHASE 1 EVALUATION , ,
Phase 1 Reouirements Available Points
Non-Cost
Proposal:
1000
points
Cost Pronosal: 100
points
Total Possible Phase 1 Points: 1100 noints
Initiative 502
Consulting
Services RFPK430
11 of 17
00005541
PHASE 2 EVALUATION
(OPTIONAL)
Phase 2 Reuuirements Available Points
Oral Presentation (optional): 100 points
Total Possible Phase 2 Points 100
points
If it is deemed to be in the best interest of the WSLCB to
only complete
the Phase 1
Evaluation,
there are a maximum of 1100
points
available. If it is deemed to be in the best interest of the
WSLCB to
complete
both the Phase 1 and Phase 2
Evaluations,
there are a maximum of 1200
points
available.
4.3 EVALUATION PROCESS
1. Initial Determination of
Responsiveness (pass/fail)
Responses
will be reviewed
initially by
the Procurement Coordinator to determine on a
pass/fail
basis
compliance
with administrative
requirements
as
specified
in this RFP.
Evaluators will
only
evaluate
Responses meeting
this
requirement.
The WSLCB reserves the
right
to determine at its sole discretion whether
Proposer’s
Response
meets the
Responsiveness
criteria as set forth within this document.
If, however,
all
responding Proposers
are determined to be deemed
Non-Responsive,
the WSLCB will
cancel the solicitation and
rej ect
all
Proposals.
Only Responses
that
pass
the Initial Determination of
Responsiveness
review will be
evaluated based on the
requirements
in this Solicitation.
2. Phase 1 Evaluation - Non-Cost and Cost Elements
(scored)
a. Non-Cost
Scoring:
Evaluators will score each Non-Cost element ofthe Non-Cost
portion
of the Submittal.
The Procurement Coordinator will tabulate evaluators’
scoring.
A statistical calculation
will be
performed
to establish a
single
score for the Non-Cost section of each
Proposal.
There are a maximum of 1000
points
available in the Non-Cost
section,
broken down
per
Category
as detailed in Table 1 below.
Table 1: Non-Cost Point
Summary
Category
Available Non-Cost
Points
Category
1: Product &
Industly Knowledge
200
Category
2: Product
Quality
Standards &
Testing
250
Category
3: Product
Usage
&
Consumption
Validation 200
Category
4: Product
Regulation
350
Total 1000
Individual
Category
Award: If it is deemed to be in the best interest of the WSLCB to
award
by Category,
an individual Non-Cost score will be established for each
Category,
using
the maximum available Non-Cost
points
for each
Category
described in Table I
above.
b. Cost
Proposal
Evaluation:
The Procurement Coordinator will calculate the Cost score for the Cost
Proposal
section
of the
Response using Proposer’s
Cost submittal. The total available
points
for the Cost
Initiative 502
Consulting
Services RFP [(430
12 of 17
00005542
Proposal
section are 100
points.
Cost
scoring
will be calculated
by combining
elements
of the Cost
Proposal
to determine the overall cost to the WSLCB.
The
Proposer’s
Cost
Proposal
shall be scored in relation of the other Cost
Proposals
received.
Individual
Category
Award: If it is deemed to be in the best interest of the WSLCB to
award
by Category,
the available Cost
points
for each
Category
shall be in accordance
with Table 2below.
Table 2’ Individual
Category
Award Available Cost Points
Category
Available Cost Points
Category
1 20
Category
2 25
Category
3 20
Category
4 35
c.
Proposer
Total Score:
Proposers’
Total Scores will be calculated
by summing
Cost and Non-Cost factor
points
(maximum
of 1100
points)
to determine the
Proposer’s
total Phase I score.
Individual
Category
Award: If it is deemed to be in the best interest of the WSLCB to
award
by Category,
the Total
Score(s)
will be calculated
by summing
the Non-Cost and
Cost factor
points
for each individual
Category,
to determine the
Proposer’s
total Phase 1
score for each
Category.
The maximum
points per Category
are detailed in Table 3
below.
Table 3: Available Cost and Non-Cost Points
per Category
Category
Available Non-Cost Available Cost Total Possible
ProDosal Points ProDosal Points Phase 1 Points
Category
I 200 20 220
Category
2 250 25 275
Category
3 200 20 220
Category
4 350 35 385
3. Phase 2Evaluation - Oral Presentation
(scored) (Optional)
The WSLCB reserves the
right
to schedule Oral Presentations if determined to be in the best
interest of the WSLCB. In the event Oral Presentations are req uired,
the WSLCB will
contact the
top-scoring Proposer(s)
to schedule a
presentation date, time,
and location. A
score of
up
to 100 additional
points may
be awarded for the Oral Presentation. The
Proposer’s
score for the Oral Presentation
may
be added to the
Proposer’s
total score
described in
Step
2above.
Commitments made
by
the
Proposer during
the Oral
Presentation,
if
any,
will be considered
binding.
4. References
(pass/fail)
The WSLCB reserves the
right
to
req uest
and check references after
Proposal submittal, to
assist in
determining
the overall
responsibility
of the
Proposer.
Failure to submit references
to the Procurement Coordinator within three
(3)
business
days
of the reference
req uest may
result in the
Proposer being
deemed
non-responsive
and thus be
disq ualified.
Initiative 502
Consulting
Services RFPK430
13 of 17
00005543
References
may
be checked
p ri o r
to anno uncement o f the
Ap p arent
Successful
Pro p o ser
to
determi ne the
resp o nsi bi li ty
o f
Pro p o sers.
Fai lure
by Pro p o sers
to achi eve an
average
p erfo rmance
level o f two
(2) o r
greater
fro m all references co ntacted
may
deem the
Pro p o ser
i rresp o nsi ble
and thus be
di sq uali fi ed.
The WSLCB reserves the
ri ght
to
rej
eet
any p ro p o sal
submi ttal i f the
Pro p o ser
recei ves
unfavo rable references based o n the
fo llo wi ng
cri teri a:
References wi th whi ch co ntact i s establi shed wi ll be asked to rate
Pro p o ser’s p ast
p erfo rmance
o n the
fo llo wi ng
scale:
Perfo rmance Level 3: Perfo rmance exceeds
exp ectati o ns.
Perfo rmance Level 2: Perfo rmance meets mi ni mum
exp ectati o ns
and i s
adeq uate.
Perfo rmance Level I: Perfo rmance i s o ften o r always i nco mp lete.
Defi ci enci es exi st i n
cri ti cal areas.
Perfo rmance Level 0: Co ntacted reference fai ls o r refuses to
resp o nd
when asked to rate
Pro p o ser.
The WSLCB wi ll
o nly attemp t
to make co ntact wi th a
Pro p o ser’s p ro vi ded
references a
maxi mum o f three
(3)
ti mes. If such co ntact canno t be .establi shed wi th
any
o f the references
p ro vi ded,
then tho se references wi th whi ch co ntact canno t be establi shed
may
be deemed
no n-resp o nsi ve
and no further
attemp ts
wi ll be made to co ntact that
p arti cular
reference.
The WSLCB reserves the
ri ght
to seek and substi tute o ther references to determi ne the
suffi ci ency
o f the
Pro p o ser’s
level o f
resp o nsi bi li ty.
5. Determi nati o n o f
Pro p o ser Resp o nsi bi li ty (p ass/ fai l)
After
Pro p o sal submi ttal,
the WSLCB reserves the
ri ght
to make reaso nable
i nq ui ry
and/ o r
req uests
fo r addi ti o nal
i nfo rmati o n,
to assi st i n
determi ni ng
the o verall
resp o nsi bi li ty
o f
any
Pro p o ser. Req uests may
i nclude,
but are no t li mi ted
to ,
educati o nal
degrees,
busi ness
li censes,
fi nanci al
statements,
credi t
rati ngs, references, reco rd o f
p ast p erfo rmance,
cri mi nal
backgro und check,
clari fi cati o n o f
Pro p o ser’s o ffer,
and o n-si te
i nsp ecti o n
o f
Pro p o ser’s
o r
Pro p o ser’s
subco ntracto r’s faci li ti es. Fai lure to
resp o nd
to sai d
req uest(s) may
result i n the
Pro p o ser bei ng
deemed
no n-resp o nsi ve
and thus
di sq uali fi ed.
4.4 SELECTION OF APPARENTLY SUCCESSFUL
PROPOSER(S)
The
Pro p o ser(s)
wi th the
hi ghest
to tal
sco re(s)
who
rep resents
the o verall best value to the
WSLCB wi ll be declared the
Ap p arent
Successful
Pro p o ser(s).
The WSLCB
may
enter i nto
co ntract
nego ti ati o ns
wi th the
Ap p arent
Successful
Pro p o ser(s).
Sho uld co ntract
nego ti ati o ns
fai l to be
co mp leted
wi thi n o ne
(I)
mo nth after
i ni ti ati o n,
the
WSLCB
may i mmedi ately
cease co ntract
nego ti ati o ns
and declare the
Pro p o ser
wi th the seco nd
hi ghest
sco re as the new Successful
Pro p o ser
and enter i nto co ntract
nego ti ati o ns
wi th that
Pro p o ser.
Thi s
p ro cess
wi ll co nti nue unti l the Co ntracts are si gned
o r no q uali fi ed Pro p o sers
remai n.
The Successful
Pro p o ser(s)
wi ll be
exp ected
to execute the fi nal Co ntract wi thi n ten
(10)
Busi ness
Days
o f i ts
recei p t.
If the selected
Pro p o ser
fai ls to
si gn
the Co ntract wi thi n the allo tted
ten
(10)
Busi ness
Day ti meframe,
the WSLCB
may
co nsi der the Successful
Pro p o ser
to be no n-
resp o nsi ve
and elect to cancel the award and ward the Co ntract to the next ranked
Pro p o ser,
o r
cancel o r rei ssue thi s so li ci tati o n.
Ini ti ati ve 502
Co nsulti ng
Servi ces RFP K430
140f17
00005544
4.5 NOTIFICATION OF APPARENT SUCCESSFUL
PROPOSER(S)
All
Responsive Proposers responding
to this solicitation will be notified when the WSLCB has
determined the Successful
Proposer(s).
The date of notification of the
Apparent
Successful
Proposer(s).
will be the date of announcement
from the WSLCB.
4.6 DEBRIEFING OF UNSUCCESSFUL PROPOSERS
Only Proposers
who submit a
Response may request
an optional debriefing
conference to discuss
the evaluation of the
Response.
The
request
for a
debriefing
conference must be made in
writing
and be received
by
the Procurement Coordinator listed in this RFP within three
(3)
business
days
after notification of the
Apparent
Successful
Proposer(s).
The
optional debriefing
will not include
any comparison
between the
Proposer’s Response
and
any
other
Responses
submitted.
However,
the WSLCB will discuss the factors considered in the
evaluation of the
requesting Proposer’s Response
and address
questions
and concerns about
Proposer’s performance
with
regard
to the solicitation
requirements.
4.7 PROTEST PROCEDURES
Only Proposers
who have submitted a
Response
to this solicitation and have had a debriefing
conference
may
make
protests. Upon completion
of the
debriefing conference, a
Proposer
is
allowed five
(5)
business
days
to file a formal
protest
of the solicitation with the Procurement
Coordinator. Further infornmtion
regarding
the
grounds
for
filing
and resolution of
protests
are
contained in the Solicitation Standards located in
Appendix
B.
.
4.8 POST AWARD CONFERENCE
The Awarded
Contractor(s) may
be
required
to attend a
post
award conference scheduled
by
the
Procurement Coordinator to discuss contract
perfornmnce requirements.
The time and
place
of
this conference will be scheduled
following
Contract award.
Initiative 502
Consulting
Services RFP K430
15 of 17
00005545
APPENDIX A
PROPOSAL SUBMITTALS
Submittal Document:
Proposers
must
complete
and submit the below document with their
Proposal.
K430Subnittal
Docurrent
Initiative 502
Consulting
Services RFPK430
16 of 17
00005546
APPENDIXB
Model Contract Document: The WSLCB
expects
the final Contract
signed by
the Successful
Proposer
to be
substantially
the same as this Contract. This document does not need to be
submitted however
Proposers
are instructed to be familiar with ii.
K430 Model Contract
Solicitation Standards: This document contains the Standard
Definitions,
Instructions to
Proposers
and Terms and Conditions. This docum nt does not need to be
submitted,
however
Proposers
are instructed to be familiar with it as it
governs
this solicitation and will be
incorporated
into the
resnlting
Contract.
K430 Solicitation
Standards
Initiative 502: The link to the Initiative 502 document is
provided
below for
Proposers’
convenience. It does not need to be snbmitted with
your proposal. Proposers are instructed to be
familiar with the Initiative 502 and all of its
requirements.
Initiative 502
Initiative502
Consulting
Services RFPK430
17 of 17
00005547
No Cost
Proposal
Category
1 -Product and
industry Knowledge.
A
Currently marijuana
is
grown
and cultivated in
Washington
indoors and out. The indoor
grow operations
are in homes commercial
buildings shops garages
barns motor homes
underground cargo
containers back room in
ex isting
businesses. The size
ranges
from 1-2
plants
to hundreds of
plants.
The indoor
plants
are
grown
under
grow lights
from
power supplied
from
standard electrical
companies
to
power generated
from onsite
generators,
or from
steeling power
before meters can record
usage.
One of the
ways
to detect
illegal
indoor
grows
is from ex cessive
power usage
this has created the
necessity
to find
power
off the
grid or move
your grow
freq uently.
Outdoor
growing operations
are
susceptible
to numerous challenges
such as thieves,
animals
eating your plants bugs
frost
unforgiving
weather.
Outdoor
marijuana
is harvested in the fall and
processed
on site. You
hang
the
plant by
the
stems
upside
down
letting cure till dried to 80-90%. The leaves are trinuned off and
you
have a
tight
bud with around 20% Thc content.
Indoor
marijuana
is harvested
any
time it has been in a bud
stage
of
growth
for 60
days
this
usually
follows a 60
day Vegetative
state.
Making
the
processes
four months and
yielding
about
a
pound per plant.
It is easier to control
security
indoors for obvious reasons. You can
produce a
higher
THC content
by providing
the
plant
with a perfect growing
environment. it is best for
controlling pest
and moisture and
lighting
ratios with all the environment controlled
by
fans
thermostats and fertilized and treated water.
Although
there are commercial
grade processors
and
dryers
it is most common for farmers to
process
their own plants by
hand. This is a lot of manual work and takes hours to
accomplish.
But if
you
do not
process
the
plant properly you
can destroy
the
q uality
and resale value
instantly.
If
you
do not cure it
properly you
will
get
mold. If
you
over
dry
it
you
will
get
a
cnmchy product
that is harsh. If
you
over handle it
you
will knock off all the
crystal.
And the
crystal
is the whole
appeal
to the consumer.
B the THc is released from the cured
plant
thru
many
methods the basic
system
is
utilizing
.
its fat soluble
propeliies
to infuse it into butter or oil. There are other methods of
creating
oils
thru
wicking
out Thc thru ice water or chemicals then
using
tlle ex tracts to melt with beers and
wines. The candies and editable
products
are usually
inf sed in
syrup
or
sugar
based
products
to
malce them
appealing
and consumable.
C
Marijuana
will need to have its
tag
from its
point
of
origin
thru the whole
process.
This
process
and its
regulations
and enforcement will be similar to the
process
of
pennitting a hunter
to harvest an animal. You will sell tlle farmer a permit
to
grow @
$200 times 1000 fanners is
00005548
$200,000.
Just to
get
started then
you
sell
tags
at $5.00
per plant
times
100,000 plants per
month
that’s
$500,000
per
month. The
tags stay
with the
product
to the
point
of sale. These
tags
are 16
zip
tie like
tags
infused into the
plants
between the stem and the branches. Then
placed
in the
bag
for
delivery
to the
producer
or broker the broker
pays
the farmer fair market value about $3.00
per gram
or $1000
per pound
or
plant
and he then
pays
the state tax of $250
per pound.
The 16
zip
tie
tags
are registered
to that farmer. The 16
tags
can be with
every
ounce of
product
as its
moved to the
point
of sale. The
tags
themselves can be cut into 28 individual
strips
to be sold
with
every gram
if
necessary.
A
gram
is
usually
the smallest unit of
product
ever sold. This
system
is
easy
cost effective and
easily
enforced. it
puts
the burden on the broker who is
Licensed
,bonded
and insured to
pay
the farmer tax and deliver
legal
taxed
marijuana
to retail
outlets. The broker can sell to retail outlets at $7.00
per gram
and make a
profit
that will
keep
him or her honest. Abroker will not want to risk
losing privileges by supporting any
other
processes
to deliver
legal
Taxed
marijuana.
Farmers will not tolerate black market farmers when
they
are
playing buy
the rules. It will serve as self-enforcement
D With the
tracking system
I
previously
described
you
will
easily
be able to track and
account for all
products
in the market
place
E You can
easily destroy marijuana by sending
it to the incinerator this is a low cost
existing process readily
available and
right
next door to the state
patrol
office in
Spokane.
My experience
in this
industry spans
four decades from the time
my
brother returned from
Vietnam and
provided
me with
my
first book "the modem
day
cultivation of
marijuana"
to
currently being
entrusted with a network of
growing operations working together
to
provide
cannabis for medical users. Although
I
currently
do not
partake
due to
preference
I am
fully
aware of the condition of
euphoria
when under the influence of
marijuana.
I am aware of the
different strains and there effects as
reported
to me
by networking
with consumers. I was arrested
in 1999 for
growing
33
plants
and
imprisoned
in a federal
facility
in 2004 for that
grow.
This
has
provided
me with the
experience
of
dealing
with tl1e federal
system.
I am currently a certified
pilot
and have a vast amount of
experience
in
working
with the federal
government
thru the FAA
to secure
my pilot
certificate after
my
conviction. This and
probation provided
me with
a
knowledge
of
drug testing programs
and treatment
programs.
Within the state and federal
system.
I have
applied
for and received
my Washington
state
rights
to hold office and vote. I
am a
very organized
man who has 20
years
of
experience
of
working
with L&I as a general
contractor I am highly
skilled in
solving problems.
I am
very capable
in
researching programs
and
systems
that will solve
challenges.
I have a vast network of resources to call
upon
to
get
current and
applicable
information that
pertains
to the need at the time. I
operated
a
flight
school
for 13
years.
I understand how to train educate and motivate students and coworkers. I am
honest and
very loyal.
I am a servant to
my community.
I serve
Rotary,
Greenhouse Food
B artle,
Chamber, VFW, Eagles,
Economic
development
B oard.
Operating
a flight
school under the
rules and
regulations
of the F ederal Aviation Administration and homeland
security
has
provided
00005549
me with the
in s ig ht
an d
experien ce performin g my job
un der the
s crutin y
of the Un ited States of
America.
00005550
Stocker, Marlie
From:
Posted At:
Conversation:
Andy
Fournier
<andy.fournier@gmail.com>
Thursday, February 14, 2013 7:50 PM
RFP-
K430,
Andrew Fournier
Subject:
RFP-
K430,
Andrew Fournier
To whom this
may concern,
Attached are both a submittal
document,
and a letter of submittal for
my proposal
to RFP - K430.
Thank
you
for
your consideration,
Andrew Fournier
1
00005551
Washington
State
liquor
Control Board
February 25,2013
BillyYorek
2810 NE35’ h Avenue
Portland,
OR 97212
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Iuitiative 502
Consulting
Services
Dear Mr. Y
orek,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
"...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualifY
the
Proposer from
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete. Billy
Y orek failed to
complete
and submit the
following required
items in
response
to RFP
K430:
Proposer Information,
Subcontractor
Information,
Letter of
Submittal,
Non-Cost
Proposal
and
Cost
Proposal. Billy
Y orek submitted an
incomplete
and
vague response
and is thus deemed non-
responsive
and
rej
ected from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
POBox
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005552
Washington
State
Liquor
Control Board
February 25,2013
Billy
Yorek
2810 NE 35’ " Avenue
Portland,
OR 97212
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430, Initiative 502
Consulting
Services
Dear Mr.
Yorek,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals, states in
part:
"
...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposer fr m
ji/ rtlter participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
B
y
Yorek failed to
complete
and snbmit the
following required
items in
response
to RFP
K430:
Proposer Information,
Subcontractor
Information,
Letler of
Submittal, Non-Cost
Proposal
and
Cost
Proposal. Billy
Yorek submitted an
incomplete
and
vague response
and is thus deemed non-
responsive
and
rej
ected t-om further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with Ille
Washington
State
Liquor
Coutrol Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
" ’ "
~ .L
-
~ rl~ /
Procurement Coordmator
co: K430 Contract file
3000 Pa ific Ave.
SE,
POBox
43090, Olympia
WA
98504-3090, (360) 664-1600, www.llq.wa.gov
00005553
Stocl<er. Marlie
From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 11:42 AM
Terry Ortis/Allen (tajp4evr@yahoo.com)
WSLCB RFP K430
-
Rejection
Notification
K430_ Billy Yorek_ Rejection Letter.pdf
Good
Morning,
Thank
you
for
submitting
a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00005554
Washington
State
liquor
Control Board
February 25, 2013
Billy
Vorek
2810 NE 351h Avenue
POltland,
OR 97212
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Uoard (WSLCU)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr. Yorek,
This letter is to inform
you
that
yOllr response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
" ...Incomplete
or
vague responses may
be considered
non-respomive
and
may
be
rejected.
’Failure
to
complete
and submit the
required
items listed in this section
may disqualijjl
the
Proposer Fom
j
rther
participation
in this RFP..."
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Pl" oposal
is
complete. Billy
Yorek failed to
complete
and submit the
following required
items in
response
to RFP
1<.430:
Proposer Infot1l1ation, Subcontractor Information, Letter of
Submittal,
Non-Cost
Proposal
and
Cost
Proposal. Billy
Yorek submitted an incomplete
and
vague response
and is thus deemed non-
responsive
and
rejected
!i’om further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)664-4526
or email
atjsf@liq.wa.gov.
" " ," " "
~L
~~/’
Procurement Coordl11ator
cc: 1<.430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA 98504-3090, (360) 664-1600, www.llq.wa.gov
00005555
B i l l y
Yorek
2810 NE
3 5 t h Ave
Port l and,
Or 97212
5 03 -804-0400
Joh n
Farl ey
Cont act
S p eci al i s t
K43 0@l i q.wa.gov
Job Ti t l e:
K43 0Ini at i ve 5 02
Cons ul t i ng
S ervi ces
#K43 0
Wi t h more t h an fi ve
y ears
exp eri ence
i n medi cal
mari juara
I h ave l earned
wh en
p l ant i ng,
s t art wi t h a
h i gh qual i t y
s eed t o
ens ure bes t res ul t s . Aft er
cul t i vat i ng
t o
mat uri t y ,
t h i s
p l ant
can be cl oned numerous t i mes
l as t i ng up
t o t h ree
y ears .
Th e fi rs t t h ree weeks aft er
p l ant i ng,
t h e
p l ant s
mus t be s exed and
s ep arat ed.( Fai l ure
t o
do t h i s
s t ep
wi l l res ul t i n t h e l os s of t h e ent i re
crop .)
Aft er
s exi ng
t h e
p l ant s p ut
t h e femal es four
or fi ve feet
ap art
i n 5 0 Ibs of s oi l . Th e
p l ant s
wi l l
need nut ri ent s
weekl y
and wat ered
dai l y .
Th e PH
needs t o be ch ecked and
any
i nfect ed
p l ant s
00005556
removed to ensure the health of the other
p lants,
October is the
p rimary
month for
harvesting .
After
observing
the
tricylone
for
streng th
and
q uality you
now
beg in
to harvest
by
cutting
the stock from the bottom. You must
hang
the
p lants
to
dry
for 14
days.
After the 14
days
of
curing ,
trim off thee
sug ar
leaves off the bud
(save
for
making
butt
r)
and
finally
trim the leaves off
the bud then
bag according ly
for consumer
consump tion.
For consumers who
ing est marijuana
in
cakes, brownies, cookies, candy
or butter;
They
must slow cook
bud,
sug ar
leaves and stems
for
ap p roximately
24 hours to
p roduce
a butter or
oil to substitute in
any baking
thc dish.
Dep ending
on the
strain,
thc
streng ths
can
vary
for
a
variety
of
reasons;
from Indica
(being
a little
strong er
for
body p ain)
to Sativa
(for
stress and
anxiety
brain
relaxed)
and
Hybrids
(which
is
a mixture of
hig her q uality p lants).
Streng ths
are measured
by
the
temp erature
at
which the triclinic melt. The
hig her
the
temp erature, hig her
the
q uality.
00005557
My opinion
of
consumption
per person
is
approximately
one ounce
per
month
per person.
Assuming
half the
population
of
Washington
(3,415,160)consumes
this amount of
marijuana,
you
must
yield
a total
of2,561,370
lbs
per year.
You would need at least
1,617
acre to
prod uce
that
much
prod uct.
One
acre could
possible grow
1584
plants..You
could
grow
on numerous sites.
Hillsid es or even
rugged
terrain not
acceptable
for
build ing
sites could be
used ,
therefore
putting
unused land back into the
economy.
I would sent 80%
yield
to
Puget
lowland
region,
7%Portland
Basin,
7%Columbia
Region
3%Northern Cascad es 3%
Okanogan
Highland s
After
talking
to
my lawyer
about
regulatons,
we d iscussed the
possibility
of
consulting
other know
legal
states what
regulations
that have worked for them and the
problems
that
they
have encountered to have
Washington
state. d o this
right..
00005558
00005559
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
)>
Proposer’s
Authorized Offer
)>
Proposer
Information
)> Subcontractor Information
)> Letter of Submittal
)> Non-Cost
Proposal
)> Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically on or before
February
15, 2013 at 2:00PM fPT).
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
)> Attach the
completed
submittal document to a sing le
email
messag e
and send it to
lcbbids@lig .wa.g ov.
)>
Clearly
mark the
subject
line of the email: RFP-
K430,
Vendor Name
( e.g .
RFP-
K430,
ABC
Company ).
)> The
preferred
software formats are Microsoft Word 2000
( or
more recent
version)
and POP. If this
presents any problem or issue,
contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary g raphics
in their
proposals.
)> It is
preferred
that electronic
sig natures appear
on all documents
requiring sig nature. However, an email
date
stamp
will be
accepted as
sig ned by
the
leg ally
authorized
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCB’s mail server in the
lcbbids@liq.wa.g ov
inbox. The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems or delay s
with e-mail when the WSLCB’ s
sy stems
are operational.
If a
Proposal
is
late,
it
may
be
rejected.
Proposals
shoilld be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals may
be
rejected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposer’s
convenience
only
and identifies the sections of this submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rejected
as
being non-responsive.
Proposer’s
Authorized Offer
( see pag e 2)
Proposer
Information
( see pag e 3)
Subcontractor Information
( see pag e 4)
Letter of Submittal
( see pag e 5)
Non-Cost
Proposal ( see pag e 6)
Cost
Proposal ( see pag e 8)
o
o
o
o
o
o
Note.’ The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expertise
required
in all
Categ ories
described in RFP K430. In order to betler
leverag e resources available for
performing
the Services
required herein,
the WSLCB recommends that
potential Proposers may
form teams that combine
their
knowledg e, skills,
and abilities into one
( I) Proposal
to meet the
requirements as stated in RFP K430.
RFP K430 Submittal Document
1
00005560
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element of the
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
aclmowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
I. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or
(iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly
or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
fot the
purpose
of
presenting a
single Proposal.
2. The attached
Response
is a firm offer for a
period
of 120
days following
the
Response
Due Date
spec
fied in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days
or until the
protest
and
any
related court action is
resolved,
whichever is later.

3. In
preparing
this
Response,
we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was
assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
.
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We’understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar
terms],
if selected
as a contractor. It is further understood that our standard contract will not be considered as a replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one) are / are not
submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to hlitiative 502.
The
signatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result of this solicitation.
Billy
Yorek
Proposer Signature
Grower consultant
Title
Company
Name
2/1412013
Date
RFP [(430 Submittal Document
2
00005561
PROPOSER INFORMATION
Proposer
Profile:
Finn Name
Street Address
City, State, Zip
Federal Tax ID Number
UBI
WebsiteURL
Proposer
Authorized
Representative:
Proposer
must
designate an Authorized
Representative
who will be the
princ ipal point
of c ontac t for the
WSLCB Contrac t Administrator for the duration of this RFP
proc ess. Proposer’s
Authorized
Representative
will serve as the foc al
point
for business matters and administrative ac tivities.
Representative
Name:
Telephone:
Emai1:
Payment Options:
DYES 0NO Do
you
offer a
Prompt Payment
Disc ount? If
yes, please provide
below.
Prompt Payment
Disc ount %
_days,
net 30
days.
DYES 0NO Will
you ac c ept
the State’s
Purc hasing
Card
(P-Card)?
DYES 0NO Will
you ac c ept
Elec tronic Funds Transfer
(EFT)?
Categories
of Servic e:
Proposer
must
designate
the
Category(ies)
of servic e for whic h this
Response applies.
Please c hec k the
appropriate box( es)
below:
Category Desc ription Resnollse Annlies this Catelwrv
All ALL
Categories (1-4)
listed below
0
1 Produc t and
Industly Knowledge 0
2 Produc t
Quality
Standards and
Testing 0
3 Produc t
Usage
and
Consumption
Validation
0
4 Produc t
Regulation 0
RFP K430Submittal Doc ument
3
00005562
SUBCONTRACTORINFOFmATION
Check the
applicable
box:
DYes DNo Your firm intends on
utiliz ing
subcontractors to fulfill the service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
hislher own
employees
carried
on
payroll or
by using approved
subcontractors.
Where
subcontractors are used in the
performance
of the
cOl1 tract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed
or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
the Contractor.
If revisions are
required
in the subcontract
assig mnent,
new
parties are to be
proposed
in advance of
assig mnent,
in
writing
to the WSLCB and the Contract Administrator.
Ail subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perfonn
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
performed, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1
Name:
Services:
Address:
Telephone
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified: Yes No
Subcoutractor 3
Name:
Services:
Address:
Telephone
Email:
FedID:
UBI:
Work to be
Perfonned:
OMWBE certified: Yes No
Subcontractor 2
Name:
Services:
Address:
Telephone:
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified: Yes
Subcontractor 4
Name:
Services:
Address:
Telephone:
Emai1 :
Fed ID:
UBI:
Work to be
Performed:
OMWBE certified: Yes
RI’’P K430 Submittal Document
4
No
No
00005563
LETTER OF SUBMITTAL
The
Proposer’s
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introductory remarks,
the Letter of Submittal is to include
by
attachment the
following
information about the
Proposer
and
any proposed
subcontractors:
:> >
Name, address, principal place
of
business, telephone number,
and fax numberle-mail address
oflegal entity
or
individual with whom contract would be written.
:> >
Name, address,
and
telepqone
number of each
principal
officer
(president,
Vice
President, Treasurer, Chairperson
of the Board of
Directors, etc.)
:> > Location of the
facility
from which the
Proposer
would
operate.
:> > Statement of which of the
following Categories Proposer
is
responding
to:
Category
I: Product and
Industry Knowledge
Category
2: Product
Quality
Standards and
Testing
Category
3: Product
Usage
and
Consumption
Validation
Category
4: Product
Regulation
:> >
Identify any
state
employees or former state
employees employed
or on the finn’s
governing
board as of the date
of the
proposal.
Include their
position
and
responsibilities
within the
Proposer’s organization.
If
following a
review of this
information,
it is determined
by
the WSLCB that a conflict of interest
exists,
the
Proposer may
be
disqualified
from further consideration for the award of a contract.
RFP K430 Submittal Document
5
00005564
NON-COST PROPOSAL
Please refrain from
using company
name or other infonnation that will
id entify your company
while
preparing your
response
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB) reserves the
right
to
mod ify proposals
in ord er
tQ
eliminate
company
names or
any
other information that
may id entify a
specific company
brand .
CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
1.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
other
ex pertise
in Prod uct and
Ind ustry Knowled ge, includ ing
but not limited to the
following:
a. How
Marijuana
and /or
Agricultural prod ucts are
grown, cultivated , harvested , cured ,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d . How wholesale and retail Prod uct should be recalled and accounted for
e. How
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firm’s
ex perience
in Prod uct and
Ind ustry Knowled ge
as it relates to
Marijuana.
3. Team Structure and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed project
team
structure and internal controls to be used
d uring
the conrse of the
project, includ ing any
snbcontractors. Please
d efine how the firm will establish lines of
authority
for
personnel
who
might
be involved in
performance
of this
potential
contract and
relationships
ofthis staff to ther
programs
or functions ofthe finn.
4. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
proj ect,
ed ucation, ex perience, significant accomplishments
and
any
other
pertinent
infornmtion.
CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5.
Ability, Capacity
and Sld lls. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
ex pertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
a.
Knowled ge
ofthe infrastructure
required
to test
Marijuana
to ensure prod uct quality, content, ingred ients
and consumer
safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
6.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firm’s
ex perience
inthe Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana.
7. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
project,
ed ucation, ex perience, significant accomplishments
and
any
other
pertinent
information.
8.
Approach
and
Method ology.
In two
(2) pages
or less, please provid e a complete d escription
of
your
firms’
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop a
reputable protocol
for
Prod uct
Quality
Stand ard s and
Testing as requested
in this
RFP,
to d etermine TCH/CBD levels and /or
ratios,
mold
or chemical
contaminates,
and Prod uct strain.
RFP [(430 Submittal Document
6
00005565
CATEGORY 3 -PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
9.
Ability, Capac ity
and Sldlls. In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
and skills
andlor
ex pertise
to estimate Produc t
Usag e
and
Consumption
levels
by g eog raphic areas in
Washing ton
State.
10.
Ex perienc e.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
ex perienc e
in statistic al
researc h, spec ific ally
related to
determining demog raphic
andlor
psyc hog raphic seg mentation, preferably
related to the use of Cannabis.
II. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals’
partic ular
skills related to this
proj ec t,
educ ation, ex perienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
12.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide
a
c omplete desc ription
of
your
firm’s
proposed approac h
and
methodolog y
to be used for Produc t
Usag e
and
Consumption
validation as
requested
in this
RFP, to estimate
demog raphic
and
psyc hog raphic seg mentation, spec ific ally
related to the use of Cannabis.
CATEGORY 4 -PRODUCT REGULATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
13.
Ability, Capac ity
and Skills. In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
and skills
andlor
ex pertise
in Produc t
Reg ulation, inc luding
but not limited
to,
the
following :
a.
Ex perienc e
with
State,
loc al or Federal
g overnnlent proc esses
and
proc edures
b.
Ex perienc e
in
c rafting system reg ulations
14.
Ex perienc e.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
ex perienc e
in
working
within the c onfines of a
reg ulatory system,
and
ex perienc e
in
c reating
andlor
modifying rule, law, ordinanc e,
andlor
g uidelines.
15. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by
name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to ilie
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals’
partic ular
skills related to this
proj ec t,
educ ation, ex perienc e, sig nific ant ac c omplislmlents
and
any
other
pertinent
information.
16.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide a
c omplete desc ription
of
your
firms’
proposed approac h
and
methodolog y
to be used in
assisting
the WSLCB with
developing
rules and a
reg ulation
strateg y
for the state of
Washing ton’ s new
Marij uana System.
RFP K430 Submittal Doc ument
7
00005566
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table 1 or Table 2 below
by entering
their Not-to- Exceed
(NTE) Hourly
Rate
Q!:
Not-to-Exceed
Daily
rate for Ioitiative 502
Consulting
Services. For the
purposes
of this
RFP,
one day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
language
when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B ofthe RFP for
Proposer’s
convenience.
Table l’ Hourlv Rate
Descriotion
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
Consulting
Services as stated in this RFP
NTE Hourlv Rate
$_p/hour
Table 2’ Dailv Rate
.Descrintion NTE Dailv Rate
Not-to-Exceed
(NTE) Daily
Rate for 1-502
$
_p/day
Consultino: Services as stated in this RFP
RFP K430 Submittal Document
8
00005567
Stocker,
Marlie
From:
Posted At:
Conversation:
Terry Ortis/Allen
<tajp4evr@yahoo.com>
Thursday, February 14, 2013 1:56 PM
RFP K430
B illy
Yorek
Subject:
RFP K430
B illy
Yorek
1
00005568
RFP 1(430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
~
Proposer’s
Authorized Offer
~
Proposer
Infonnation
~ Subcontractor Information
~ Letter of Submittal
~ Non-Cost
Proposal
~ Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically
on or before
February
15, 2013 at 2:00PM Tl.
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
~ Attach the
completed
submittal document to a
single
email
message
and send it to
lcbbids@lig.wa.gov.
~
Clearly
mark the
subject
line of the email: RFP-
K430,
Vendor Name
(e.g.
RFP-
K430,
ABC
Company ).
~ The
preferred
software formats are Microsoft Word 2000
(or
more recent
version)
and PDF. Ifthis
presents any problem or issue,
contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary graphics
in their
proposals.
~ It is
preferred
that electronic
signatures appear
on all documents
requiring signature. However, an email
date
stamp
will be
accepted as
signed by
the
legally
authorized
representative
of the fIrm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCB’s mail server in the
lcbbids@lig.wa.govinbox.
The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
offIcial time
stamp.
The WSLCB is not
responsible
for
problems
or
delay s
with e-mail when the WSLCB’s
sy stems
are
operational.
If a
Proposal
is
late,
it
may
be
rejected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals may
be
rej
ected.
Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposer’s
convenience
only
and identifIes the sections of this submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rejected
as
being non-responsive.
Proposer’s
Authorized Offer
(see page 2)
Proposer
Information
(see page 3)
Subcontractor Information
(see page 4)
Letter of Submittal
(see page 5)
Non-Cost
Proposal (see page 6)
Cost
Proposal (see page 8)
D
D
D
D
D
D
Note: The WSLCB understands that
potential’Proposers may
have limited
experience
in
providing
the
expertise
required
in all
Categories
described in RFP K430. In order to beller
leverage resources available for
performing
the Services
required herein,
the WSLCB reconnnends that
potential Proposers may
form teams that combine
their
knowledge, skills,
and abilities into one (1) Proposal
to meet the
requirements as stated in RFP K430.
RFP K430 Submittal Document
1
00005569
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP 1(430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element of the
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
I. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or
(iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have’not been and will not be
knowingly
disclosed
by
the
offeror, directly or indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting a single Proposal.
2. The attached
Response
is a firm offer for a
period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our Response
will remain valid for 180
days
or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
this
Response,
we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify our willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar
terms],
if selected
as a contractor. It is further understood that our standard contract will not be considered as a
replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one) are / are not submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the ternlS and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that he/she has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result of this solicitation.
Billy
Yorek
Proposer Signature
Grower consultant
Title
Company
Name
2/14/2013
Date
RFP K430 Submittal Document
2
00005570
PROPOSER INFORMATION
Proposer
Profile:
Firm Name
Street Address
City, State, Zip
Federal Tax ill Number
UBI
WebsiteURL
Proposer
Authorized
Representative:
Proposer
must
designate an Authorized
Representative
who will be the
principal point
of contact for the
WSLCB Contract Administrator for the duration of this RFP
process. Proposer’s
Authorized
Representative
will serve as the focal
point
for business matters and administrative activities.
Representative
Name:
Telephone:
Email:
Payment Options:
DYES 0NO Do
you
offer a
Prompt Payment
Discount? If
yes, please provide
below.
Prompt Payment
Discount %
_days,
net 30
days.
DYES 0NO Will
you accept
the State’s
Purchasing
Card
(P-Card)?
DYES D. NO Will
you accept
Electronic Funds Transfer
(EFT)?
Categories
of Service:
Proposer
must
designate
the
Category(ies)
of service for which this
Response applies.
Please check the
appropriate box( es)
below:
Cateeorv Description Response Applies this Cateeorv
All ALL
Categories (1-4)
listed below 0
1 Product and
Industry Knowledge 0
2 Product
Quality
Standards and
Testing 0
3 Product
Usage
and
Consumption
Validation
0
4 Product
Regulation 0
RFP K430Submittal Document
3
00005571
SUBCONTRACTOR INFORMATION
Check the
applicable
box:
DYes DNo Your firm intends on utiliz ing
subcontractors to fulfill the service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
his/her own
employees
carried
on payroll or
by using approved
subcontractors. Where subcontractors are used in the
performance
of the
contract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed
or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
the Contractor.
If revisions are
required
in the subcontract
assig nment, new
parties
are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perform
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
performed, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1 Subcontractor 2
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
FedID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified: Yes No OMWBE certified: Yes No
Subcontractor .J Subcontractor 4
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
FedID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed: .
OMWBE certified: Yes No OMWBE certified: Yes No
RFP K430 Submittal Document
4
00005572
LETTER OF SUBMITTAL
The
Proposer’s
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introductory remarks,
the Letter of Submittal is to include
by
attachment the
following
information about the
Proposer
and
any proposed
subcontractors:
~
Name, address, principal place
of
business, telephone number,
and fax number/e-mail address of
legal entity or
individual with whom contract would be written.
~
Name, address,
and
telephone
number of each
principal
officer
(president,
Vice
President, Treasurer, Chairperson
of the Board of
Directors, etc.)
~ Location of the
facility
from which the
Proposer
would
operate.
~ Statement of which ofthe
following Categories Proposer
is
responding
to:
Category
I: Product and
Industry
Know
ledge
Category
2: Product
Quality
Standards and
Testing
Category
3: Product
Usage
and
Consumption
Validation
Category
4: Product
Regulation
~
Identify any
state.
employees or former state
employees employed or on the firm’s
goveming
board as of the date
of the
proposal.
Include their
position
and
responsibilities
within the
Proposer’s organization.
If
following a
review of this
information,
it is determined
by
the WSLCB that a conflict of interest
exists,
the
Proposer may
be
disq ualified
from further consideration for the award of a contract.
RFP K430 Submittal Document
5
00005573
NON-COST PROPOSAL
Please refrain from
using company
name or other information that will
id entify your company
while
preparing your
response
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB) reserves the
right
to
mod ify proposals
in ord er to eliminate
company
names or
any
other information that
may id entify
a
specific company
brand .
CATEGORY 1- PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
1.
Ability, Capacity
and Sltills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
other
ex pertise
in Prod uct and
Ind ustry Knowled ge, includ ing
but not limited to the
following:
a. How
Marijuana
and /or
Agricultural prod ucts are
grown,
cultivated , harvested , cured ,
and
processed ’
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d . How wholesale and retail Prod uct should be recalled and accounted for
e. How
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firm’s
ex perience
in Prod uct and
Ind ustry Knowled ge
as it relates to
Marijuana.
3. Team Strnctnre and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed project
temu
structure and internal controls to be used
d uring
the Course of the
project, includ ing any
subcontractors. Please
d efine how the firm will establish lines of
authority
for
personnel
who
might
be involved in
performance
of this
potential
contract and
relationships
of this staff to other
programs
or funclons of the firm.
4. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
proj ect,
ed ucation, ex perience, significant accomplislnnents
and
any
other
pertinent
information.
CATEGORY 2 - PRODUCT QUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
ex pertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
a. Knowled ge
of the infrastructure
required
to test
Marijuana
to ensure prod uct quality, content, ingred ients
and consumer safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
6.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firm’s
ex perience
in the Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana.
7. Staff Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
project,
ed ucation, ex perience, significant accomplishments
and
any
otller
pertinent
information.
8.
Approach
and
Method ology.
In two
(2) pages
or less, please provid e
a
complete d escription
of
your
firms’
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop a reputable protocol
for
Prod uct
Quality
Stand ard s and
Testing
as
requested
in this
RFP,
to d etermine TCHlCBD levels and /or
ratios,
mold
or chemical
contaminates,
and Prod uct strain.
RFP [(430 Submittal Document
6
00005574
CATEGORY 3 -PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
9.
Ability, Capacity
and Sltills. In two
(2) pages
or less, please
describe
your
firm’s
ability, capacity,
and skills
and/or
expertise
to estimate Product
Usage
and
Consumption
levels
by geographic areas in
Washington
State.
10.
Experience.
In two
(2) pages
or less, please
describe
your
firm’s
experience
in statistical
research, specifically
related to
determining demographic
and/or
psychographic segmentation, preferably
related to the use of Cannabis.
II. Staff
Qualifications
and
Capabilities.
Please
identify
staff
by
name and
title, including subcontractors,
who
would be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
your
firm. Provide
qualifications
information on the named
staff, including
the individuals’
particular
skills related to this
proj ect,
education, experience, significant accomplishments
and
any
other
pertinent
information.
12.
Approach
and
Methodology.
In two
(2) pages
or less, please provide a
complete description
of
your
firm’s
proposed approach
and
methodology
to be used for Product
Usage
and
Consumption
validation as
requested
in this
RFP, to estimate
demographic
and
psychographic segmentation, specifically
related to the use of Cannabis.
CATEGORY 4 PRODUCT REGULATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
13.
Ability, Capacity
and Sldlls. In two
(2)
pages
or less, please
describe
your
firm’s
ability, capacity,
and skills
and/or
expertise
in Product
Regulation, including
but not limited
to,
the
following:
a.
Experience
with
State,
local or Federal
government processes
and
procedures
b.
Experience
in
crafting system regulations
14.
Experience.
In two
(2) pages
or less, please
describe
your
firm’s
experience
in
working
within the confines of a
regulatory system,
and
experience
in
creating
and/or
modifying rule, law, ordinance,
and/or
guidelines.
15. Staff
Qualifications
and
Capabilities.
Please
identify
staff
by
name and
title, including subcontractors,
who
would be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
your
firm. Provide
qualifications
information on the named
staff, including
the individuals’
particular
skills related to this
proj ect,
education,
experience, significant accomplishments
and
any
other
pertinent
information.
16.
Approach
and
Methodology.
in two
(2) pages
or less, please provide a
complete description
of
your
firms’
proposed approach
and
methodology
to be used in
assisting
the WSLCB with
developing
rules and a
regulation
strategy
for the state of
Washington’s new
Marij uana System.
RFP K430 Submittal Document
7
00005575
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table I
! ! ! :
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly Rate! ! ! :
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
of this
RFP,
one day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
language
when
preparing
their
response.
A link to the I-
502 document is located in
Appendix
B of the RFP for
Proposer’s
convenience.
Table l’ Hourlv Rate
Descrintion
Not-to-Exceed
(NTE) Hourly
Rate for I-502
Consulting
Services as stated in this RFP
NTE Hourlv Rate
$_plhour
Table 2’ Dailv Rate
Descrintioll
Not-to-Exceed
(NTE) Daily
Rate for I-502
Consultino: Services as stated in this RFP
NTE Dailv Rate
$_p/day
RFP K430 Submittal Document
8
00005576
B i l l y
Yorek
2810 NE
3 5 t h Ave
Port l and,
Or 97212
5 03 -804-0400
Joh n
Farl ey
Cont act
S p eci al i s t
K43 0@l i q.wa.gov
Job Ti t l e:
K43 0 Ini at i ve 5 02
Cons ul t i ng
S ervi ces
#K43 0
Wi t h more t h an fi ve
y ears
exp eri ence
i n medi cal
mari juara
I h ave l earned
wh en
p l ant i ng,
s t art wi t h a
h i gh qual i t y
s eed t o
ens ure bes t res ul t s . Aft er
cul t i vat i ng
t o
mat uri t y ,
t h i s
p l ant
can be cl oned numerous t i mes
l as t i ng
up
t o t h ree
y ears .
Th e fi rs t t h ree weeks aft er
p l ant i ng,
t h e
p l ant s
mus t be s exed and
s ep arat ed.( Fai l ure
t b
do t h i s
s t ep
wi l l res ul t i n t h e l os s of t h e ent i re
crop .)
Aft er
s exi ng
t h e
p l ant s p ut
t h e femal es four
or fi ve feet
ap art
i n 5 0 l bs of s oi l . Th e
p l ant s
wi l l
need nut ri ent s
weekl y
and wat ered
dai l y .
Th e PH
needs t o be ch ecked and
any
i nfect ed
p l ant s
00005577
removed to ensure the health of the other
p lants,
October is the
p rimary
month for
harvesting .
After
observing
the
tricylone
for
streng th
and
q uality you
now
beg in
to harvest
by
cutting
the stock from the bottom. You must
hang
the
p lants
to
dry
for 14
days.
After the 14
days
of
curing ,
trim off thee
sug ar
leaves off the bud
(save
for
making butter)
and
finally
trim the leaves off
the bud then
bag according ly
for
consumer
consump tion.
For
consumers who
ing est marijuana
in
cakes, brownies, cookies, candy
or
butter;
They
must slow cook
bud,
sug ar
leaves and stems
for
ap p roximately
24 hours to
p roduce
a butter or
oil to substitute in
any baking
thc dish.
Dep ending
on the
strain,
thc
streng ths
can
vary
for a
variety
of
reasons;
from Indica
(being
a little
strong er
for
body p ain)
to Sativa
(for
stress and
anxiety
brain
relaxed)
and
Hybrids
(which
is a mixture of
hig her q uality p lants) .
Streng ths
are measured
by
the
temp erature
at
which the’triclinic melt. The
hig her
the
temp erature, hig her
the
q uality.
00005578
My opinion
of
consumption per person
is
approximately
one ounce
per
month
per person.
Assuming
half the
population
of
Washington
(3,415,160)consumes
this amount of
marijuana,
you
must
yield
a total of
2,561,370
lbs
per year.
You would need at least
1,617 acre to
prod uce
that
much
prod uct.
One acre could
possible grow
1584
plants..You
could
grow
on numerous sites.
Hillsid es or even
rugged
terrain not
acceptable
for
build ing
sites could be
used ,
therefore
putting
unused land back into the
economy.
I would sent 80%
yield
to
Puget
lowland
region,
7%Portland
Basin,
7%Columbia
Region
3%Northem Cascad es 3%
Okanogan
Highland s
After
talking
to
my lawyer
about
regulatons,
we d iscussed the
possibility
of
consulting
other know
legal
states what
regulations
that have worked for them and the
problems
that
they
have encountered to have
Washington
state d o this
right..
00005579
00005580
Washington
State
Liquor
Control Board
F
ebmary 25,
2013
Brian Reardon
Software
Engineer
12 Fourth Street
Farmingdale,
NY11735
.
Subject: Rejection
of
Respouse
to
Washington
State
Liquor
Coutrol Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Cousulting
Services
Dear Mr.
Reardon,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to confonn to RFP
requirements.
Section 3
.2,Preparation
of
Proposals,
states in
part:
"...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualif
the
Proposer from
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
Brian Reardon failed to
complete
and submit the
following required
items in
response
to
RFP K430:
Proposer’s
Authorized
Offer, Proposer Information,
Subcontractor
Information,
Non-Cost
Proposal
and Cost
Proposal.
Brian Reardon submitted an
incomplete
and
vague response
and is thus
deemed
non-responsive
and
rejected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board.This
measure is
being
taken to assist
you
in
preparing
future.
responses.
If
you
have
any questions, please
feel
free to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005581
Washington
State
Liquor
Control Board
February 25,
2013
Brian Reardon
Software
Engineer
12 Fourth Street
Fanningdale,
NY11735
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Il1itiative 502
Consulting
Services
Dear Mr.
Reardon,
This letter is to inform
you
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because failed to confonn to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
" ...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Fai/ure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposer fi’ om
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
Brian Reardon failed to
complete
and submit the
following required
items in
response
to
RFP K430:
Proposer’ s
Authorized Offer, Proposer Information, Subcontractor Information, Non-Cost
Proposal
and Cost
Proposal.
Brian Reardon submitted an
incomplete
and
vague response
and is thus
deemed
non-responsive
and
rejeeted
from further
participation
in this RFP.
Thank
you
for
yom’
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contaet me
by phone at
(360)
664-4526 or email
atjst@ liq.wa.gov.
Sincerely,
~+
Procmement Cool;dinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
9&504-3090, (360) 664-1600, www.liq.wa.gov
00005582
Stocker. Marlie
. From:
Sent:
To:
Subject:
Attachments:
K430
Monday, February 25,
2013 11:43 AM
’info@sneltec.com’
WSLCB RFP K430 -
Rejection
Notification
K430_Brian Reardon_Rejection Letter.p df
Good
Morning,
Thank
you
for
submitting
a
resp onse
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Prop osals (RFP)
K430
-
Initiative 502
Consulting
Services. In accordance with the attached
letter,
the WSLCB must
reject your resp onse.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions
or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00005583
Washington
State
liquor
Control Board
February 25, 2013
Brian Reardon
Sottware
Engineer
12 Fourth Street
Fanningdale,
NY11735
Subject: Rejection
of
Response
to
Wasbington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430, Initiative 502 C
usulting
Services
Dear Mr.
Reardon,
This letter is to inform
YO\l
that
your response
to
Request
for
Proposals (RFP)
K430 has been
rejected
hecause it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states l
part:
" ...incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rqjected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualifY
the
Proposer from
.further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
Brian Reardon failed to
complete
and subn t the
following required
itelns in
response
to
RFP K430:
Proposer’s
Authorized
Offer, Proposer Information,
Subcontractor
Information,
Non-Cost
Proposal
and Cost
Proposal.
Brian Reardon submitted an
incomplete
and
vague response
and is thus
deemed
non-responsive and
rejected
from further
participation
in this RFP.
Thank
you
for
yoW’
interest in
doing
business with the
Washington Stale Liquor
Control Board. This
mea8me is
being
taken to assist
you
in
prepaJ1ng
future
responses.
If
you
have
any questions, please
feel
free to contact me
by phone
at
(360)
664-4526 or email
atjsl@ liq.wa.gov.
Sincerely,
c; r:::w~
ProcW’ement Coordinator
cc: K430 Contract file
3000 Pac Ac Ave.
SE, PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.llq.wa.gov
00005584
Stocker.
Marlie
From:
Posted At:
Conversation:
info@sneltec.com
Wednesday, February 06,
2013 5:28 PM
Submission
regarding
RFP for K430 INITIATIVE 502 CONSULTING SERVICES
Subject:
Submission
regarding
RFP for K430 INITIATIVE 502 CONSULTING SERVICES
To whom it
may concern,
Please see the attached document in
response
to the RFP
regarding
K430 INITIATIVE 502 CONSULTING SERVICES.
If
you
would
prefer
to receive the
body
of the document in a different
format, please
feel free to
reply
to this email
address and
specify
the
preferred
document format.
Kind
regards,
Brian Reardon
Software
Engineer
1
00005585
Brian Reardon
Software
Engineer
12 Fourth Street
Farmingdale,
NY 11735
Mr. John
Farley
Contracts
Specialist
State of
Washington
Liquor
Control Board
3000 Pacific Ave. SE, P.O. Box 43090
Olym pia, Washington
98504-3090
Dear Mr.
Farley,
Please allow me to introduce
myself. My name is Brian Reardon a~d I am
writing
in
response
to RFP: K430
I NI TI ATI VE 502 CONSULTI NG SERVI CES. I would like to offer
my
assistance
regarding
the
implementation
of
the
Washington
State I nitiative 502
(1-502) requirements.
I
spent
2004
through
2010
living
in Amsterdam and from 2005 until 2010 I had an
engineering company
called
Sneltec
registed
with the Dutch Chamber of Commerce. While
working
in Holland as a
self-employed
software
engineer,
I
developed
a
point-of-sale (POS) system
for use in
coffeshops.
The
POS, referred to as Slimkassa
(Dutch
for "smart cash
registet") was presented
to the
proper
Dutch authorities to be validated for use in a
coffeeshop
environment wherein cannabis
products are sold.
To be certified for use
by
the
governing body
that controls and administers
coffeeshop
rules and
regulations,
I
was
required
to submit the Slimkassa
program
and software to the Dutch
testing
and certification
authority,
NMI
(http://www.nmLnll?lg=en).
As a result,
the
system was evaluated and was awarded a certificate of
compliance
that makes it valid for use in coffees
hops
in Amsterdam. I t is one of
only
3
systems
that are
legally
allowed to be
used to
weigh
and distribute cannabis
products
in
coffeeshops.
During
the time that I was developing
the
system,
I worked
closely
with the
manager
of the
coffeeshop
who
defined the
system functionality
to adhere not
only
to the
shop owners
requirements,
but also the
governing
body
who oversees
coffeeshop operations
and
regulations.
As a result, the
system
became an
efficiency
improvement
tool for him and we decided to market it to other
shops.
There are now 5
coffeeshops
in
Amsterdam
using
the Slimkassa
system.
This allowed me to become
very
informed on
coffeeshop regulations
as well as the restrictions
regarding distribution, stocking
and
product monitoring.
I also have
knowledge
of
cultivation and
processing
as well as
quality testing
and
product analysis.
I would be
happy
to contribute
my knowledge,
if
desired, to the state of
Washington as it moves forward in its
effort to establish and
implement Washington
State I nitiative 502
(1-502).
I
applaud
the State of
Washington’s
decision to consider this endeavor as it moves forward in its effort to establish the
guidelines
for
responsible
management
of a
product
that I believe has been slandered and
greatly
misunderstood and
misrepresented
in
the
past
in the United States and elsewhere. While I understand the RFP is for a consultant with
specific
abilities, I do not believe I have all the
qualifications required. However,
I would be
happy
to assist in
any
fashion
you may
deem useful to share the information
gleaned by being tightly
associated and involved in the
Amsterdam
coffeeshop
business on a
voluntary
basis.
Thank
you
for
your
time and I wish
you
success in
implementing
the initiative.
Kind
regards,
Brian Reardon
bri@sneltec.com
00005586
Washington
State
Liquor
Control Board
February 22,
2013
Brandon
Webby
Cannabis
Consultants,
LLC
595 Arkansas Mtn. Rd.
Boulder,
CO80302
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
DearMr.
Webby,
This letter is to inform
you
that C31mabis Consultants’
response
to
Request
for
Proposals (RFP)
K430 has
been
rejected
because it was not received before the
required
due date and time.
Statewide
contracting policy promotes open
and effective
competition
and the
equal
treatment of all
proposers by firmly mandating
that the
acceptance
of late
proposals
is
prohibited.
In accordance with
Washington
Administrative Code
(WAC)
200-300-025:
".. .All bids must be received in the
office of
the
purchasing activity by
the date and time
specified
in the document or addenda. No deviations will be allowed...
"
Responses
to RFP K430 were due on or before 2:00
p.m.
on
February 15,
2013. As
partially
stated in
Amendment 2 to RFP K430:
"Complete Proposals
must be received
electronically on or before
Februarv 15. 2013 at 2:00PM
(PT)...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
proposal
is submitted on time. The WSLCB received Cannabis Consultants’
proposal
in the
lcbbids@liq.wa.gov
inbox on
February 15,
2013 at 2:03
p.m. (PT).
Cannabis Consultants failed to submit their
proposal
on
time and is thus deemed
non-responsive
and
rejected
from further
participation
in RFP K430.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. If
you
have
any questions, please
feel free to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
Jolm
F31’ley
Procurement Coordinator
cc: K430 Contract file
POBox
43090,3000
Pacific Ave.
SE, Olympia
WA
98504, (360) 664-1600, www.liq.wa.gov
00005587
Washington
State
liquor
Control Board
February 22,
2013
Brandon
Webby
Cannabis Consultants,
LLC
SgS Arkansas Mtn. Rd.
Boulder,
CO 80302
Subject: Rejection
of
Response
to
Washington
State
Liqnor
Control Board
(WSLCB)
Request
fOI’
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Webby,
This letter is to inform
you
that Camlabis Consultants’
response
to
Requestt
r
Proposals (RFP)
K430 has
been
rejected
because it was not received before the
required
due date and time.
Statewide
contl’acting policy promotes open
and effective
competition
and the
equal
treatment of all
proposers by firmly mandating
that the
acceptance
of late
proposals
is
prol
bited. [n accordance with
Washi
gto
Administrative Code
(WAC)
200-300-025:
". ..All bids must be received in the
ojflce of
the
purchasing activity by
the date and time
specified
in the document or addenda. No deviations will be allowed...
"
Responses
to RFP [(430 were due on 01’ before 2:00
p.m.
on Febmary 15,
2013. As
pattially
stated in
Amendment 2 to RFP K430:
"Complete Proposals
must be received
electronically on or
before
Februarv 15. 2013 at 2:00PM
(FT)...
"
It is the sole
responsibility
of the
Proposer
to Wlderstand the RFP
requirements
and ensure their
proposal
is submitted on time. The WSLCB received CarUlabis Consultants’
proposal
in the
lcbbids@liq.wa.gov
inbox on February 15,2013
at 2:03
p.m. cPT).
Cannabis Consultants i iled to submit their
proposal
on
time and is thus deemed
non-responsive
and
rejected
from further
p81ticpation
in RFP K430.
Thank
yOll
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. If
yon
have
any questions, please
feel free to contact me by phone
at (360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
~
John Farle
Procurement Coordinator
cc: [(430 Contract tile
PO Box
43090,
3000 Pacific Ave. SE, Olympia
WA
98504, (350) 664-1600, www.liq.wa.gov
00005588
Stocker. Marlie
From:
Sent:
To:
Subject:
Attachments:
K430
Frid ay , February 22,
2013 3:13 PM
’Brand onEWebby @gmail.com’
WSLCB RFP K430 -
Rejection
Notification
K430_Rejection Letter_Cannabis
Consultants.pd t
Good
Afternoon,
Thank
y ou
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative S02
Consulting
Services. In accord ance with the attached
letter,
the WSLCB must
reject y our response.
Thank
y ou
for
y our
interest in
d oing
business with the
Washington
State
Liquor
Control Board . Please feel free to contact
me if
y ou
have
any questions or need ad d itional information.
Thank
y ou,
John
Farley
Procurement Coord inator
K430@liq.wa.gov
1
00005589
Washington
State
Liquor
Control Board
FeblUary 22,
2013
Brandon
Webby
Cannabis
Consultants,
LLC
595 Arkansas MIn. Rd.
Bould.er,
CO 80302
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430, Initiative 502
ConSUlting
Services
Dear Mr.
Webby,
This letter is to infonn
you
that Cannabis Consultants’
response
to
Request
for
Proposals (RFI’) ](430 has
been
rejected
because it was not received before the
required
due date and time.
Statewide
contracting policy promotes open
and effective
competition
and the
equal
treatment of all
proposers by firmly mandating
that the
acceptance
of late
proposals
is
prohibited.
[n accordance with
Washington
Administrative Code
(WAC)
200-300-025:
"".AlI bids must be received in the
Rtfce
of
the
purchasing activity by
the dale and time
specified
in the document or addenda. No deviatioltv will be allowed".
"
Responses
to R[<F ](430 were due on or befme 2:00
p.m.
on
February IS,
2013. As
pmtially
stated in
Amendment 2 to RFP ](430:
"Complete Proposals
must be received
electronically
on or before
Februarv /5. 2013 at 2:00PM
CPT)".
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
proposal
is submitted on time. The WSLCB received Cannabis Consultants’
proposal
in the
lcbbids@liq.wa.gov
inbox on Febl’Uary 15,
2013 at 2:03
p.m. (PT).
Cmlnabis Consultants failed to submit their
proposal on
time and is thus deemed
non-responsive
and
rejected
from further
participation
in RFP K430.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. If
you
have
any questions, please
feel free to contact me by phone
at
(360)
664-4526 or ema
atjsf@liq.wa.gov.
John Farle
7"
Procurement Coordinator
cc: ](430 Contract tile
PO Box
43090,
3000 Pacific Ave.
SE, Olympia
WA
98504, (360) 664-1600, www.liq.wa.gov
00005590
Brandon E.
Webby
has built the most
publicly
awarded
dispensary
and associated
Growing
facilities in Colorado
(The Dandelion, Boulder, CO).
The Medical
Marijuana
Enforcement Division used the Dandelion and it’ s
growing
as
a
training
model for new officers.
Bandon
Webby
has been a
pioneer
in both the
Retail,
MIP and
growing aspects
of
this
industry, additionally
Brandon Co-Founded
marQaha, a
leading Drink,
Tincture
and Mist
company (MIP=Manufactured
Infused Product
Company).
Brandon has become a
leading MMJ
consultant
offering
various services to
many
of
the
Top Dispensaries
and has
championed responsible growing techniques
that
limit risks to the end user and make this a safer
industry.
Retail:
The Dandelion
Boulder,
CO 80302
MIP:
marQaha
marQaha.com
00005591
Biography
Craig Kloppenberg
has been a life
long
resident of Colorado and has
positioned
himselfto be an attribute to
developing policy
and
recommendations
through
education and
experience. Craig began
his
education at Trinidad State
junior College
where he
completed
an Associate
of Arts
degree
in Criminal
justice.
He was also a member of the
collegiate
baseball team
learning
to
manage
time between
being a college
athlete and
student.
Craig
was chosen for "Who’s Who
Among
American
junior Colleges"
for his work on student
council,
Resident
Assistant,
Athlete and student.
Craig
then
completed
formal
police academy training
at
Arapahoe
Community College
in 1992 and was hired as a
deputy
sheriff in La Plata
County
Sheriffs Office. While
working
for the sheriffs
office, Craig
was
recruited to work
Marijuana
eradication
conducting
covert
assignments
that
required
surveillance of clandestine
marijuana grows, developing
information and
relationships
with
community
leaders as well as stake
holders in
energy
to further information
gathering
and
investigative
information.
Craig
worked in concert with
agents
of The
Drug
Enforcement
Administration,
Federal Bureau of
Investigations
and other local law
enforcement
agencies during
his
assignment
to
Marijuana
eradication.
Craig
continued his law enforcement education
completing
courses in
Marijuana
eradication, learning growing techniques,
and
packaging techniques
to avoid
detection and vehicle movement to
ilvoid
detection
by
law enforcement.
Craig
moved to Littleton Police
Department
in 1995 as a patrol
officer and
furthered his education
by graduating
from
Regis University
with a Bachelor
Degree
in Criminal
justice. Craig completed
10
years
as a SWAT
Operator
obtaining
numerous certifications as a defensive tactics
instructor,
less lethal
instructor,
taser instructor and firearms instructor. These skills allowed me
to
develop my
abilities as a
presenter
and
getting thoughts conveyed
to new
officers.
During Craig’s
tenure with Littleton Police
Department,
he was a
field
training
officer for 10
years training approximately
75 new officers in
that
span. Craig developed ability
to
complete
written
reports documenting
satisfactory performance
and
unsatisfactory performance
that
required
individual
counseling or
designing
alternative
learning
methods for those he
was
training. Craig
was also a Police
Academy
instructor for 8
years focusing
on firearms and defensive tactic curriculums.
In 2011
Craig joined
Medical
Marijuana
Enforcement Division as a criminal
investigator. During
his time with
MMED,
he was
responsible
for
completing
routine
inspections
on medical
marijuana dispensaries,
associated
grows
and
food
products
that were
being produced
with medical
marijuana. Craig
was
involved with
complex investigations
that included Colorado State
Attorney
General Office and Federal Bureau of
Investigations
that focused on
illegal
transportation
and sale of
marijuana
from outside the State of Colorado thru
medical
marijuana dispensaries. Craig
was
charged
with
dev~loping
processes
and
systems
to chart
marijuana
that was
being produced
and sold
at 8 different
dispensaries. Craig developed
a
training program
that was
00005592
taught
to local
jurisdictions
about the benefit of
regulations
and the role
Medical
Marijuana
Enforcement Division took to assist
local,
state and
federal law enforcement.
Craig
has
completed over 300
inspections
on medical
marijuana centers,
cultivation centers and infused
product
centers.
Craig
has been
exposed
to
several different
grow methods,
business methods and
transportation
methods.
Craig
was able to
gain knowledge on the business model for
many
medical
marijuana
centers in Colorado.
August 2012, Craig partnered
with
MMJ
America as a
compliance
officer
completing
similar tasks that he
completed as a state criminal
investigator.
This
position
has offered
Craig
a
unique
look at how a
dispensary
and
grow
operates
from the business side.
Craig
has taken on a new
knowledge
of
growing techniques, tracking techniques, inventory issues,
internal theft and
transportation
concerns.
Craig
has been able to
implement
and
develop
unique process
to monitor those issues to render a viable and
legal
marijuana dispensary.
00005593
Joel Smith has
approximately
12
years experience
in law enforcement as a
police
officer and
inv estig ator
with the Colorado Medical
Marijuana
Enforcement Div ision.
Joel receiv ed his Bachelor’s
Deg ree
in Law Enforcement and Justice
Administration with a
secondary deg ree
in
Sociolog y
from Western Illinois
Univ ersity
in 1998. He receiv ed his Master’s
Deg ree
in Law Enforcement
and Justice Administration from Western Illinois
Univ ersity
in 2003.
Joel worked as a
police
officer in both
Rockford,
IL and
Denv er,
CO
between March 2001 and
July
2011. He worked as a
patrol
officer and as a
community
resource
officer
during
his tenure at these
departments.
Joel’s
duties as the
community
resources officer included
org anizing
and
leading
neig hborhood
watch
meeting s, working
with v arious
city ag encies
to close
problem properties
and
assisting
the Rockford Police Narcotics Units in
approximately
75 narcotics raids.
From
July
2011 to Nov ember 2012 Joel worked for the Colorado
Department
of
Rev enue,
Medical
Marijuana
Enforcement Div ision
(MMED).
He worked as a criminal
inv estig ator
and
performed
approximately
600
licensing inspections
of medical
marijuana centers,
associated
marijuana g rows
and
marijuana
infused
product
manufacturers.
My inspections
certified the businesses adhered to State of Colorado rules
and
reg ulations.
Since Nov ember 2012 Joel has been
doing priv ate consulting
with medical
marijuana
businesses in the Denv er area. He is
confirming
the businesses
are
operating
within the State of Colorado rules and
reg ulations.
Joel is also
assisting
the businesses in
creating
internal
security policies.
00005594
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
~
Proposer’s
Authorized Offer
~
Proposer
Information
~ Subcontractor Information
~ Letter of Submittal
~ Non-Cost
Proposal
~ Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically on or before
February
15, 2013 at 2:00PM (PT).
Proposer
must
complete
and submit all sections of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
~ Attach the
completed
submittal document to a sing le
email
messag e
and send it to
Icbbids@lig .wa.g ov.
~
Clearly
mark the
subj ect
line of the email: RFP-
K430,
Vendor Name
(e.g .
RFP-
K430,
ABC
Company ).
~ The
preferred
software formats are Microsoft Word 2000
(or
more recent
version)
and PDF. If this
presents any problem or issue, contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers
are cautioned not to use
unnecessary g raphics
in their
proposals.
~ It is
preferred
that electronic
sig natures appear
on all documents
requiring sig nature. However, an email
date
stamp
will be
accepted as sig ned by
the
leg ally
authorized
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCB’ s mail server in the
IcbbidsC
lig .wa.g ov
inbox. The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems or delay s
with e-mail when the WSLCB’s
sy stems
are
operational.
If a Proposal
is
late,
it
may
be
rej ected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals may
be
rej ected. Proposals
submitted
by fax,
will not be
accepted
and willbe considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposer’s
convenience
only
and identifies the sections ofthis submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rej ected as being non-responsive.
Proposer’s
Authorized Offer
(see pag e 2)
Proposer
hlformation
(see pag e 3)
Subcontractor Information
(see pag e 4)
Letter of Submittal
(see pag e 5)
Non-Cost
Proposal (see pag e 6)
Cost
Proposal (see pag e 8)
~
~
~
~
~
~
Note: The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expertise
reqnired
in all
Categ ories
described in RFP K430. In order to better
leverag e resources available for
performing
the Services
required herein,
the WSLCB recommends that
potential Proposers may
form teams that combine
their
knowledg e, skills,
and abilities into one
(1) Proposal
to meet the
requirements
as stated in RFP K430.
RFP K430 Submittal Document
1
00005595
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a required
element of the
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation of the
resulting
Contract.
I. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any
consultation, communication, or
agreement
with
any
other offeror or competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or (iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly
or indirectly,
to
any
other offeror
or
competitor
before Contract award wlless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting a
single Proposal.
2. The attached
Response
is a firm offer for a period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
withont further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
this
Response,
we have not been assisted
by any
current or former
employee
of the state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or prospective Contract,
and who was assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incuned in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas,
writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a Response
and execution of this Certifications and Assurances document
certify
our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar
terms],
if selected
as a contractor. It is further understood that our standard contract will not be considered as a replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(circle one)
are /
e
submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
mld
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that he/she has the
authority
to bind the
compmly
nanled below to the
Proposal
submitted mld
any
contract awarded as a result of this solicitation.
Brandon
Webby
Proposer Sif,’1lature
Horticulturist/Business
Manager
Title
Cmmabis
Consultallts,
LLC
Company
Name
2/13/13
Date
RFP K430 Submittal Document
2
00005596
00005597
SUBCONTRACTOR INFORMATION
Check the
applicable
box:
DYes ISJN 0 Your firm intends on
utiliz ing
subcontractors to fulfill the service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
hislher own
employees
carried
on
payroll
or
by using approved
subcontractors. Where subcontractors are used in the
performance
of the
contract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
tbe Contractor.
If revisions are
required
in tbe subcontract
assig nment, new
parties are to be
proposed
in advance of
assig nment,
in
writing
to tbe WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perform
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
performed, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1
Name:
Services:
Address:
Telephone
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified: Yes No
Subcontractor 3
Name:
Services:
Address:
Telephone
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified: Yes No
Subcontractor 2
Name:
Services:
Address:
Telephone:
Email:
FedID:
UBI:
Worlcto be
Performed:
OMWBE certified: Yes No
Subcontractor 4
Name:
Services:
Address:
Telephone:
Email:
FedID:
UBI:
Work to be
Performed:
OMWBE certified: Yes No
RFP K430 Submittal Document
4
00005598
LETTER OF SUBMITTAL
The
Proposer’s
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introduc tory remarks,
the Letter of Submittal is to inc lude
by
attac hment the
following
information about the
Proposer
and
any proposed
subc ontrac tors:
)>
Name, address, princ ipal plac e
of
business, telephone number,
and fax number/e-mail address
oflegal entity
or
individual with whom c ontrac t would be written.
.
)>
Name, address,
and
telephone
number of eac h
princ ipal
offic er
(President,
Vic e
President, Treasurer, Chairperson
of the Board of
Direc tors, etc .)
)> Loc ation of the
fac ility
from whic h the
Proposer
would
operate.
)> Statement of whic h of the
following Categories Proposer
is
responding
to:
Category
I: Produc t and
Industry Knowledge
Category
2: Produc t
Quality
Standards and
Testing
Category
3: Produc t
Usage
and
Consumption
Validation
Category
4: Produc t
Regulation
)>
Identify any
state
employees
or former state
employees employed or on the firm’s
governing
board as of the date
of the
proposal.
Inc lude their
position
and
responsibilities
within the
Proposer’s organization.
If
following a
review of this
information,
it is determined
by
the WSLCB that a c onflic t of interest
exists,
the
Proposer may
be
disq ualified
from further c onsideration for the award of a c ontrac t.
RFP K430 Submittal Doc umen.t
5
00005599
NON-COST PROPOSAL
Please refrain from
using company
name or other information that will
id entify your company
while
preparing your
response
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB)
reserves the
right
to
mod ify proposals
in ord er to eliminate
company
names or
any
other information that
may id entify a specific company
brand .
CATEGORY 1- PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
1.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
other
expertise
inProd uct and
hld ustry Knowled ge, includ ing
but not limited to the
following:
a. How
Marijuana
and /or
Agricultural prod ucts are
grown, cultivated , harvested , cured ,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d . How wholesale and retail Prod uct should be recalled and accounted for
e. How
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Experience.
In two
(2) pages
or less, please
d escribe
your
firm’s
experience
in Prod uct and
Ind ustry Knowled ge
as it relates to
Marijuana.
3. Team Structure and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed project
team
structure and internal controls to be used
d uring
the course of the
project, includ ing any
subcontractors. Please
d efme how the firm will establish lines of
authority
for
persoooel
who
might
be involved in
performance
of this
potential
contract and
relationships
of this staff to other
programs
or functions of the firm.
4. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
Their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
project,
ed ucation, experience, significant accomplishments
and
any
other
pertinent
information.
CATEGORY 2 - PRODUCT OUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
expertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
a. Knowled ge
of the infrastructure
required
to test
Marijuana
to ensure prod uct quality, content, ingred ients
and consumer
safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
6.
Experience.
In two
(2) pages
or less, please
d escribe
your
firm’s
experience
in the Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana.
7. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by
name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
project,
ed ucation, experience, significant accomplishments
and
any
other
pertinent
information. .
8.
Approach
and
Method ology.
In two
(2) pages
or less, please provid e
a
complete d escription
of
your
firms’
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop a reputable protocol
for
Prod uct
Quality
Stand ard s and
Testing as requested
in this
RFP, to d etermine TCI-I/CBD levels and /or
ratios,
mold
or chemical
contaminates,
and Prod uct strain.
KFP K430 Submittal Document
6
00005600
CATEGORY 3 PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
9.
Ability, Capac ity
and Skills. In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
and skills
and/or
ex pertise
to estimate Produc t
Usag e
and
Consumption
levels
by g eog raphic
areas in
Washing ton
State.
10.
Ex perienc e.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
ex perienc e
in statistic al
researc h, spec ific ally
related to
determining demog raphic
and/or
psyc hog raphic seg mentation, preferably
related to the use of Cannabis.
11. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by
name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals’
partic ular
skills related to this
proj ec t,
educ ation, ex perienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
12.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide
a c omplete desc ription
of
your
firm’s
proposed approac h
and
methodolog y
to be used for Produc t
Usag e
and
Consumption
validation as requested
in this
RFP,
to estimate
demog raphic
and
psyc hog raphic seg mentation, spec ific ally
related to the use of Cannabis.
CATEGORY 4 -PRODUCT REGULATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
13.
Ability, Capac ity
and Sldlls. In two
(2) pag es
or less, please
desc ribe
your
finn’s
ability, c apac ity,
and skills
and/or
ex pertise
in Produc t
Reg ulation, inc luding
but not limited
to,
the
following :
a. Ex perienc e
with
State,
loc al or Federal
g overnment proc esses
and
proc edures
b.
Ex perienc e
in
c rafting system reg ulations
14.
Ex perienc e.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
ex perienc e
in
working
within the c onfines ofa
reg ulatory system,
and
ex perienc e
in
c reating
and/or
modifying rule, law, ordinanc e,
and/or
g uidelines.
15. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by
name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals’
partic ular
skills related to this
proj ec t,
educ ation, ex perienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
16.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide a c omplete desc ription
of
your
firms’
proposed approac h
and
methodolog y
to be used in
assisting
the WSLCB with
developing
rules and a
reg ulation
strateg y
for the
state
of
Washing ton’s
new
Marijuana System.
RFP K430 Submittal Doc ument
7
00005601
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table I
Q!:
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly
Rate or Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
of this
RFP,
one day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
language
when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B of the RFP for
Proposer’s
convenience.
Table I’ Hourlv Rate
Descrintion
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
Consulting Services as stated in this RFP
NTE Hourlv Rate
$ 600.00
p/hour
Table 2’ Dailv Rate
Description
Not-to-Exceed
(NTE) Daily
Rate for 1-502
Consulting
Services as stated in this RFP
NTE Dailv Rate
$_p/day
.
RFP K430 Submittal Document
8
00005602
Biography
for Retired
S pec ial Agent
Paul W. S c l nnidt
S /A S c hmidt
began
il l s c s reer with
Drug
Enforc ement Adminis tration
(DEA)
in
1987 after
s erving more than s ix
years
with the
Arapahoe County
S heriff’s
Department’
L ittl eton, Col orado. As a
Deputy S heriff,
S /A S c l nnidt worked various
as s ignments
.
inc l uding patrol , inves tigations ,
and the
S pec ial S ervic es Unit
(S WAT).
After
working
with the DEA Tas k Forc e in
Denver, Col orado, Deputy
S c hmidt
appl ied
for the
pos ition
of
S pec ial Agent
with the
Drug
Enforc ement Adminis tration. He was hired
by
the DEA
in
May
1987 at the Denver Divis ion Offic e.
Upon graduation
from the DEA
ac ademy,
S / A S c l unidt’s firs t
as s ignment
was the
Portl and, Oregon
Res ident Offic e
(1987 -1991),
where he advanc ed to a GS -12 l evel before
appl ying
for an overs eas as s ignment.
In
1991,
S / A S c l unidt was trans ferred to the
Mar&c aibo,
Venezuel a Offic e and s erved there
until the offic e was c l os ed in 1992. S / A S c l nnidt
c ompl eted
il l s overs eas tour at the
Country
Offic e in
Carac as ,
Venezuel a when he was trans ferred to the Miami Fiel d
Divis ion in 1995. Wil l Ie in
Miami,
he worked as a s enior
agent
in an enforc ement
grou
until he was promoted
to a managerial /enforc ement
GS -14
pos ition.
In
May 1998,
S /A
S c l nnidt as s umed the
pos ition
of the Res ident
Agent
in
Charge
of the
Cheyenne
Res ide
Offic e. In
S eptember 2001,
S /A S c l nnidt trans ferred to the
S pec ial Operations
Divis ion
in
Was hington
D.C. where he s erved as a S taffCool ’dinator
as s igned
to the international
money l aunderhig
unit. In June
2004,
he was trans ferred to the Aus tin Res ident Offic e
and as s umed the
pos ition
of the Res ident
Agent
in
Charge.
He maintained the RAC
pos ition
in Aus tin for over three
years
before he was
promoted
to a GS -15
pos ition.
In
Marc h
2008,
S A S c hmidt as s umed the
res pons ibil ities
of the As s is tant
S pec ial Agent
in
Charge
of the
Portl and, Oregon
Dis tric t Offic e. He overs aw and
managed
the DBA
ac tivities and
operations
in the S tate of
Oregon
and s outhwes t c ounties of the S tate of
Was hington.
Throughout
S /A S c hmidt’s l aw enforc ement
c areer,
he has s trived to advanc e il l
knowl edge
and s kil l rel ative to the various
as s ignments
at hand.
Buil ding upon
his
pas t
experienc e
from
previous
l aw enforc ement
res pons ibil ities
he s tarted to
improve
and
expand
his
inves tigative
abil ities and s kil l s . S / A S c hmidt s tarted at a GS -7
entry
l evel
and advanc ed to a GS -12 whil e
as s igned
to the
Portl and, Oregon
Res ident Offic e. He
handl ed various
inves tigations inc l nding
c l andes tine
l aboratories /methamphetamine,
indoor
marijuana c ul tivation,
and heroin/c oc aine
s muggl ing
networks . He "c haired"
s everal trial s in the Dis tric t of
Oregon
and the Wes tern Dis tric t of
Was hington
that
inc l uded
tes timony
as an
expert
witnes s for the
pros ec ution.
Wil l ie s tationed in the
I
northwes t,
S /A S c l nnidt
partic ipated
with Ph. D. Mahmoud A.
EIS ohl y, Projec t
Direc tor,
for a s tudy
of c rumab s s pons ored by
the National Ins titute on Drug
Abus e
(NIDA)
at th
Univers ity
of Mis s
s s ippi,
Res es rc h Ins titute of Pharmac eutic al S c ienc es ,
Heal th S c ienc s
Res earc h Divis ion at the S c hool of
Pharmac y.
S /A S c l nnidt worked with res eru’c hers
anal yzing
various
s ampl es
of s eized c annabis
(marijuana)
to determine the
THC%,
CBC%, CBD%,
ruId CBN%
(perc entages )
and val ues . With til l s
data,
the
projec t
in
par
s tudied what s trains of c annabis c nl tivated under vru’ious c onditions
produc ed
the
highe
l evel s of eac h c annabinoid.
Overs eas ,
S I A S c hmidt
ac q uired a l rul guage profic ienc y
in
S panis h
that as s is ted
him in his
as s igned
duties at the Marac aibo Res ident Offic e and the Carac as
COl mtry
1
00005603
Biography
for Retired
Special Agent
Paul W. Schmidt
Office. He worked various
investigations
with Venezuelan
counterparts
that included
several controlled deliveries back to the United States that resulted in successful
prosecutions. During
his tour
overseas,
he
developed
various confidental sources that
included a special
contact that was able to infiltrate several
large
scale international
money laundering organizations
based in Venezuela and Colombia. This source was
passed on to
agents remaining
in
country
and has continued to work with law
enforcement officials.
After his transfer to the Miami Field
Division,
he worked as a senior
agent
assigned
to an enforcement
group working
with fellow DEA and FBI
agents;
where he
developed
and
sharpened
his skills
regarding
Title- III telecommnnicatons intercept
investigations
and new technologies.
SI A Schmidt’s
personality
and skills allowed him
to ensure that a
strong working relationship
existed between the DEA
Group
Four and
FBI
Squad
Four
along
with state and local
counterparts.
This cohesiveness led to
numerous Title-III telecommunications
intercept investigations
that resulted in success
prosecutions
and asset forfeitures.
Beginning
his
management
career in
May 1998,
SI A Schmidt was
promoted
to
the Resident
Agent
in
Charge
of the
Cheyenne, Wyoming
Resident Office. He
quickly
developed a new set of skills and
knowledge
relative to
operating
an office of eleven
people, including
a Post of
Duty
in
Casper, Wyoming.
He headed the Resident Office
and was responsible
for the State of
Wyoming
and the northern border areas of Colorad
SIA Schmidt worked with state authorities in
Wyoming
and Colorado
along
with
twenty
six
separate
counties. He
pursued a
sh’ong
commitment to
repair
and build
working
relationships among
the
DEA,
state and local law enforcement
counterparts
since
previous
situations had
given way
to a stalemate in
drug
enforcement effOlts in
Wyomin
and northern Colorado. He and office
personnel
made
daily
efforts to build on the
"positive" aspects
that
ev\ ) ntnally gave way
to sound
working relationships an10ng
counterparts. During
SI A Schmidt’s tenme in
Wyoming,
the DEA
Cheyenne
Resident
Office received the Administrator’s Award for the fIrst Title-III telecommunication
intercept completed on a "pre-paid" calling
card used
by
a Mexican National
Drug
Trafficking Organization
based in
Greeley,
Colorado.
In
September 2001,
SIA Schmidt
reported
to the
Special Operations
Division
located in Lorton, Virg
nia where he worked as a Staff Coordinator and was assigned
to
the international
money lanndering
unit overseen
by
an ICE
manager.
In this
assignmen
he
acquired
valuable skills relative to Title-III
investigations
and the
diplomacy required
to coordinate
large
scale
investigations among
the
DEA,
the
FBI,
and the ICE domestic
and
foreign
offIces. These skills were sharpened
ar1d
expanded
as he assumed the
responsibilities
as "acting"
Unit Chief of the
money lalmdering
section on a regular
basi.
He also assisted in the
development
and
deployment
of several
computer
software
applicat
ons
including
the financial database
application currently
narned "FIND IT" tha
assists Staff Coordinators in
researching
fmancial information
including
Grand
Jnry
materials. Tins
proj ect required
him to
testify
before Grand Jnries in the District of
Columbia and
present
the
proj ect
and
updates
to the Chief
Judge
of the District. Anothe
2
00005604
Biography
for Retired
Special Agent
Paul W. Schmidt
proj ect
of his involved the
design
and
implementation
of a
"telephone
de-confliction an
resource data base"
eventually
named "DARTS."
In June
2004,
SI A Schmidt
reported
to the Austin Resident Office to assume the
position
of the Resident
Agent
in
Charge.
He built
upon
his
previous management
experiences
at the
Cheyenne
Resident Office and
quickly adapted
his
management
abilities to work within the
Austin,
Texas enviromnent. He continued to learn and
develop
his
management
skills and
knowledge
relative to the
operation
of the Austin
office
consisting
of
twenty-four people
with the assistance of one
group supervisor.
Wi
responsibility
for an area of thirteen counties and a population
of 1.3 million
people,
he
pursued a strong
commitment to
repair
and build
working relationships
between the
DEA, state,
and local law enforcement
couoterparts
as
previous
situations had led to a
negative reputation
of the DEA
among
the
maj or
law enforcement authorities in and
around
Austin,
Texas. With the
cooperation
of office
personnel
he turned this situation
arouod and made
positive
strides towards
strong working relationships
with
counterpart .
During
his tenure in
Austin, Texas,
the DEA Austin Resident Office received
recognitio
from the San Antonio District Office and the Houston Field DivisioIl as a leader in usin
innovative investigative techniques
and methods to
effectively
handle enforcement and
administrative matters. In
2007,
SIA Schmidt
managed
the Austin office without the
assistance of
any support positions
due to the DEA
hiring
freeze. He
expanded
his
working Imowledge
of
employee
issues
ranging ’om performance improvement plans,
working "in-depth"
with the
Employee
Assistance
Program,
to
handling
the extended
sick leave of an
employee battling
cancer and
relying
on the use of the DEA and the DO
voluotary
leave banks.
In March
2008,
SI A Schmidt received a
promotion
and
reported
to the
Portland,
Oregon
District Office to assume the
responsibmties
of the Assistant
Special Agent
in
Charge (ASAC).
He assumed enfOlwment and administrative
operations
for the State 0
Oregon
and the southel’ll cOlmties of
Washington
State
along
the Cohunbia River. He
worked to
improve
the District’s administrative functions
encouraging a more
positive
and effective enviromnent. SI A Schmidt and the DEA offices in
Oregon
made a
.
concentrated effort to re-establish
strong working relationships
with state and local
counterpmis regarding
enforcement efforts within the State of
Oregon.
These actions
resulted in the
development
of several
large
scale
investigations
that led to successful
prosecutions
and asset forfeitures. He continues to build
upon
his skill as an
agency
leader and
manager, strengthening working relationships
with
others, leveraging
available resources to achieve the
highest possible
level of
performance.
ASAC
Schmid]
retired from DEA in 2010 in
good stmiding
to take a
position
with the Colorado
Department
of
Revenue,
Medical
Marij uana
Enforcement Division
as the
Agent
in
Charge
of Enforcement
Operations.
Agent
in
Charge
Paul Schmidt started his career with the Colorado
Department
0 :
Revenue,
Medical
Marij uana
Enforcement Division
(MMED)
in
January
2011. He was
one of the initial hired members of tile MMED. He assumed various
responsibilities
reading
the
development
of the Division
(MMED) including
vital
input
as a subj ect
3
00005605
Biography
for Retired
Special Agent
Paul W. Schmidt
matter
expert
on cannabis for the MMED and
recognized expert
in federal and state
cOU1ts
(Western
District of
Washington
and
Oregon/ Colorado.)
In addition, Paul Schmidt conducts
independent
credited
training
seminars for
medical
professionals
such as the Texas
Osteopathic
Medical Association
(TOMA)
in
Dallas, Texas and the Iowa
Osteopathic
Medical Association
(IOMA)
in Des
Moines,
These
training
seminars are related to
pharmaceutical prescription
abuse and
regulatory
rules and
protocols
associated with the
handling
controlled substances.These seminars
allow doctors and associated
employees
a means to
keep
current with
changing
trends
among
abusers and methods of detection to
help
build a successn
practice
and
pain
management strategy.
In
conclusion,
Paul Schmidt has
thirty- three years
oflaw enforcement
experienc
with fifteen
years
of
experience
in mid and
upper
level
management positions.
He is
currently
POST certified at the state level and a retired federal
agent
in
good standing.
Paul has taken
every opporttmity
to learn and
strengthen
his "skill"
regarding
the
management
and
operations
of law enforcement
professionals.
(Summary)
As a law enforcement
professional,
Paul Schmidt has worked
domestically
and overseas
He has accumulated an extensive
knowledge
of controlled substances and the rules and
regulations
associated to the
management
of
pharmaceuticals.
DEA
provided
a firm
foundation
regarding
the
investigation
of illicit narcotics and the
oversight
of the DEA
Diversion
Program
which has the
responsibility
of
auditing
and
reviewing
the
pharmaceutical production
and distribution of controlled substances.Paul’s initial law
enforcement career allows him an avenue to work and relate well with local
municipalities
as well as
county
and state level enforcement levels.
With his career
experience,
he has
developed
into a recognized expert
in the field of
cannabis, testifying
as an
expelt
on the
part
of
prosecutions
and
assisting
the Medical
Marijuana Industry
within Colorado with
helpft
hints of the trade from electrical
powe
phasing
to current cultivation techniq ues.
In
twenty- three years
of service with the DEA,
S/A Schmidt has received a total of
twenty- one ratings
for
"Outstanding" pe1fOlman.ce
and two ratings
of "Excellent"
performance.
These
twenty- three ratings were given by
a combination of seventeen
different
supervisors.
(Recognition
and
Awards)
S/ A Schmidt has received ten certificates of
recognition
that
include; Outstanding
Contributions, Exceptional
Performance, Excellel1ce
of
Service,
and the Administrator’s
Award for Outstanding Group
Achievement.
(References)
Available
upon req uest
4
00005606
Stocker,
Marlie
From:
Posted At:
Conversation:
Erica Kondo
<bpkondo@gmaiLcom>
Friday , February 15, 2013 2:03 PM
RFP-
1<430,
Cannabis
Consultants, LLC
Subject: RFP-
K430, Cannabis
Consultants,
LLC
Please see attached Submittal Document and additional documents.
Thank
y ou
for
y our consideration,
Cannabis Consultants
www.CannaConsult.org
1
00005607
RFP K430 SUBMITTAL DOCUMENT
Proposer
must
complete
and submit all sections of this Submittal Document as listed below:
)>
Proposer’s
Authorized Offer
)>
Proposer
Informatior
)> Subcontractor Information
)> Letter of Submittal
)> Non-Cost
Proposal
)> Cost
Proposal
SUBMITTAL INSTRUCTIONS
Complete Proposals
must be received
electronically on or before
February
15, 2013 at 2:00PM CPT).
Proposer
must
complete
and submit all sections .of this Submittal Document.
Proposer may
attach additional sheets as
necessary . Proposer
should:
.
)> Attach the
completed
submittal document to a
single
email
message
and send it to
lcbbids@lig.wa.gov.
)>
Clearly
mark the
subj ect
line of the email: RFP-
K430,
Vendor Name
( e.g.
RFP-
K430,
ABC
Company ).
)> The
preferred
software formats are Microsoft Word 2000
( or
more recent
version)
and PDF. If this
presents any problem or issue, contact the Procurement Coordinator
immediately .
To
keep
file sizes to
a minimum, Proposers are cautioned not to use
mmecessary graphics
in their
proposals.
)> It is
preferred
that electronic
signatures appear
on all documents
requiring signature. However, an email
date
stamp
will be
accepted as
signed by
the
legally
authoriZed
representative
of the firm for the
purpose
of this
Proposal only .
Time of
receipt
will be determined
by
the e-mail date and time received at the WSLCB’s mail server in the
lcbbids@liq.wa.govinbox.
The "receive date/time"
posted by
the WSLCB’s email
sy stem
will be used as the
official time
stamp.
The WSLCB is not
responsible
for
problems
or
delay s
with e-mail when the WSLCB’s
sy stems
are operational.
If a
Proposal
is
late,
it
may
be
rej
ected.
Proposals
should be submitted in the format described in this solicitation. All
Proposals
and
any accompany ing
documentation become the
property
of the WSLCB and will not be returned.
Incomplete Proposals may
be
rej ected. Proposals
submitted
by fax,
will not be
accepted
and will be considered
non-responsive.
SUBMITTAL CHECKLIST
This checklist is
provided
for
Proposer’s
convenience
only
and identifies the sections of this submittal document
to be
completed
and submitted with each
Response. Any response
received without
any one
or more of these
sections
may
be
rej ected as being non-responsive.
Proposer’s
Authorized Offer
( see page 2)
Proposer
Information
( see page 3)
Subcontractor hlformation
( see page 4)
Letter of Submittal
( see page 5)
Non-Cost
Proposal ( see page 6)
Cost
Proposal ( see page 8)
~
~
~
~
~
~
Note.’ The WSLCB understands that
potential Proposers may
have limited
experience
in
providing
the
expertise
required
in all
Categories
described in RFP K430. In order to better
leverage resources available for
perfonning
the Services
required herein,
the WSLCB reconilllends that
potential Proposers may
form teams that combine
their
knowledge, skills,
and abilities into one
( 1) Proposal
to meet the
requirements as stated in RFP K430.
RFP K430 Submittal Document
1
00005608
PROPOSER’S AUTHORIZED OFFER
(PROPOSAL
SIGNATURE
PAGE)
Initiative 502
Consulting
Services -RFP K430
Issued
by
the
Washington
State
Liquor
Control Board
Certifications and Assurances
We make the
following
certifications and assurances as a
required
element of the
Response,
to which it is
attached, affirming
the truthfulness of the facts declared here and
acknowledging
that the
continuing compliance
with these statements and all
requirements
of the RFP are conditions
precedent
to the award or continuation ofthe
resulting
Contract.
I. The
prices
in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competition,
any consultation, communication, or
agreement
with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or
(iii)
the methods or factors used to calculate the
prices
offered. The
prices
in this
Response
have not been and will not be
knowingly
disclosed
by
the
offeror, directly or
indirectly,
to
any
other offeror
or
competitor
before Contract award unless otherwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other concern to submit or not to submit an offer for the
purpose
of
restricting competition.
However, we
may freely join
with other
persons
or
organizations
for the
purpose
of
presenting
a
single Proposal.
2. The attached
Response
is a firm offer for a
period
of 120
days following
the
Response
Due Date
specified
in the
RFP,
and it
may
be
accepted by
the
Washington
State
Liquor
Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period.
In the case
of
protest,
our
Response
will remain valid for 180
days
or until the
protest
and
any
related court action is
resolved,
whichever is later.
3. In
preparing
this
Response,
we have not been assisted
by any
current or former
employee
ofthe state of
Washington
whose duties relate
(or
did
relate)
to this
solicitation, or
prospective Contract,
and who was assisting
in other than his
or her
official, public capacity.
Neither does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
4. We understand that the
Washington
State
Liquor
Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation
of this
Response.
All
Responses
become the
property
of the
WSLCB,
and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response.
Submission of the attached
Response
constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures
and all
other administrative
requirements
described in the solicitation document.
5. We understand that
any
Contract
awarded, as a result of this RFP will
incorporate
all the solicitation
requirements.
Submission of a
Response
and execution of this Certifications and Assurances document
certify our
willingness
to
comply
with the Contract terms and conditions
appearing
in
Appendix B, [or substantially
similar
terms],
if selected
as a contractor. It is further understood that our standard contract will not be considered as a replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation.
6. We
(
circle
one)
are I
e
submitting proposed
Contract
exceptions.
7. The authorized
signatory
below
acknowledges having
read and understood the entire solicitation and
agrees
to
comply
with the terms and conditions of the solicitation in
submitting
and
fulfilling
the offer made in its
Proposal.
8.
By submitting
this
Proposal, Proposer hereby
offers to furnish
materials, supplies,
services and/or
equipment
in
compliance
with all
terms, conditions,
and
specifications
contained in this solicitation.
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to Initiative 502.
The
signatory
below
represents
that helshe has the
authority
to bind the
company
named below to the
Proposal
submitted and
any
contract awarded as a result of this solicitation.
Brandon
Webby
Proposer Signature
HorticulturistlBusiness
Manager
Cannabis
Consultants,
LLC
Company
Name
2/13/13
Title Date
RFP [(430 Submittal Document
2
00005609
00005610
SUBCONTRACTORINFO~TION
Check the
applicable
box:
DYes ~No Your firm intends on
utiliz ing
subcontractors
io fulfill the service
requirements
outlined in
RFP
K430,
Initiative 502
Consulting
Services.
Contractor will be
required
to
perform
all work under this contract
using
his/her own
employees
carried
on
payroll
or
by using approved
subcontractors. Where subcontractors are used in the
performance
of the
contract, proposers
will indicate as
required
with their
response
to seek
approval.
Contractor will be held
responsible
for all work
performed
or not
performed by
the
subcontractor( s) .
Subcontractors will be
required
to bill
throug h
the Contractor.
If revisions are
required
in the subcontract
assig nment, new parties are to be
proposed
in advance of
assig nment,
in
writing
to the WSLCB and the Contract Administrator.
All subcontractors are to submit a letter on
company
letterhead
indicating
the contract has been
read,
the
standard terms and conditions reviewed and
ag reeing
to all
requirements presented.
The subcontractors
shall be
required
to meet all
requirements
established for Contractor staff.
If
applicable, Proposer
shall
identify
below all subcontractors who will
perform
services in fulfillment of
contract
requirements, including
their
name,
the nature of services to be
perfonned, address, telephone,
facsimile, email,
federal tax identification number
( TIN) , Washing ton
State Uniform Business Identifier
( UBI) ,
and
expected
work to be
performed
of each subcontract:
Subcontractor 1 Subcontractor 2
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
FedID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified: Yes No OMWBE certified: Yes No
Subcontractor 3 Subcontractor 4
Name: Name:
Services: Services:
Address: Address:
Telephone Telephone:
Email: Email:
Fed ID: FedID:
UBI: UBI:
Work to be Work to be
Performed: Performed:
OMWBE certified: Yes No OMWBE certified: Yes No
RFP K430 Submittal Document
4
00005611
LETTER OF SUBMITTAL
The
Proposer’s
Letter of Submittal must be
signed by
the individual within the
organization
authorized to bind the
bidder to the offer.
Along
with
introductory remarks,
the Letter of Submittal is to include
by
attachment the
following
information about the
Proposer
and
any proposed
subcontractors:
~
Name, address, principal place
of
business, telephone number,
and fax number/e-mail address of
legal entity
or
individual with whom contract would be written.
~
Name, address,
and
telephone
number of each
principal
officer
(President,
Vice
President, Treasurer, Chairperson
of the Board of
Directors, etc.)
~ Location of the
facility
from which the
Proposer
would
operate.
~ Statement of which of the
following Categories Proposer
is
responding
to:
Category
I: Product and
Industry Knowledge
Category
2: Product
Quality
Standards and
Testing
Category
3: Product
Usage
and
Consumption
Validation
Category
4: Product
Regulation
~
Identify any
state
employees
or former state
employees employed or on the firm’s
governing
board as of the date
of the
proposal.
Include their
position
and
responsibilities
within the
Proposer’s organization.
If
following a
review of this
information,
it is determined
by
the WSLCB that a conflict of interest
exists,
the
Proposer may
be
disq ualified
from further consideration for the award of a contract.
RFP K430 Submittal Document
5
00005612
NON-COST PROPOSAL
Please refrain from
using company
name or other information that will
id entify your company
while
preparing your
response
for the Non-Cost Submittal. The
Washington
State
Liquor
Control Board
(WSLCB) reserves the
right
to
mod ify proposals
in ord er to eliminate
company
names or
any
other information that
may id entify
a
specific company
brand .
CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
1.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
slcills and /or
other
ex pertise
in Prod uct and
Ind ustry Knowled ge, includ ing
but not limited to the
following:
a. How
Marijuana
and /or
Agricultural prod ucts are
grown, cultivated , harvested , cured ,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged , labeled , transported ,
and sold at retail level
d . How wholesale and retail Prod uct should be recalled and accounted for
e. How
Marijuana
should be
d estroyed
if
overprod uced , contaminated , or recalled
2.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firm’s
ex perience
in Prod uct and
Ind ustry Knowled ge
as it relates to
Marijuana.
3. Team Strncture and Internal Controls. In two
(2) pages
or less, please
d escribe the
proposed proj
ect team
structure and internal controls to be used
d uring
the course of the
project, includ ing any
subcontractors. Please
d efine how the firm will establish lines of
authority
for
personnel
who
might
be involved in
performance
of this
potential
contract and
relationships
of this staff to other
programs
or functions of the firm.
4. Staff
Qnalifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
information on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
project,
ed ucation, ex perience, significant accomplishments
and
any
other
pertinent
information.
CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
ad d itional
pages
as
necessary:
5.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
d escribe
your
firm’s
ability, capacity,
skills and /or
ex pertise
in Prod uct
Quality
Stand ard s and
Testing, includ ing
but not limited to the
following:
a. Knowled ge
of the infrastructure
required
to test
Marijuana
to ensure
prod uct quality, content, ingred ients
and consumer
safety
consid erations
b.
Assisting
the WSLCB with
establishing quality
stand ard s for
testing Marijuana
.
6.
Ex perience.
In two
(2) pages
or less, please
d escribe
your
firm’s
ex perience
in the Prod uct
Quality
Stand ard s and
Testing field , as it relates to
Marijuana.
7. Staff
Qualifications
and
Capabilities.
Please
id entify
staff
by name and
title, includ ing subcontractors,
who
would be
assigned
to the
potential contract, ind icating
their normal
responsibilities
in
your
firm. Provid e
qualifications
1forn1ation on the named
staff, includ ing
the ind ivid uals’
particular
skills related to this
project,
ed ucation, ex perience, significant accomplishments
and
any
other
pertinent
information.
8.
Approach
and
Method ology.
In two
(2) pages
or less, please provid e
a
complete d escription
of
your
films’
proposed approach
and
method ology
to be used in
assisting
the WSLCB to
d evelop
a
reputable protocol
for
Prod uct
Quality
Stand ard s and
Testing as requested
in this
RFP, to d etermine TCHlCBD levels and /or
ratios,
mold
or chemical
contaminates,
and Prod uct strain.
RFP K430 Submittal Document
6
00005613
CATEGORY 3 PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
9.
Ability, Capac ity
and Skills. In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
and skills
and/or
expertise
to estimate Produc t
Usag e
and
Consumption
levels
by g eog raphic areas in
Washing ton
State.
10.
Experienc e.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
experienc e
in statistic al
researc h, spec ific ally
related to
determining demog raphic
and/or
psyc hog raphic seg mentation, preferably
related to the use of Cannabis.
II. Staff
Qnalific ations
and
Capabilities.
Please
identify staffby name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
information on the named
staff, inc luding
the individuals’
partic ular
skills related to this
proj ec t,
educ ation, experienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
12.
Approac h
and
Methodolog y.
In two
(2) pag es
or less, please provide a
c omplete desc ription
of
your
firm’s
proposed approac h
and
methodolog y
to be used for Produc t
Usag e
and
Consumption
validation as
requested
in this
RFP,
to estimate
demog raphic
and
psyc hog raphic seg mentation, spec ific ally
related to the use of Cannabis.
CATEGORY 4 -PRODUCT REGULATION
Please answer the
questions
listed
below, attac hing
additional
pag es
as
nec essary:
13.
Ability, Capac ity
and Sltills. In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
and skills
and/or
expertise
in Produc t
Reg ulation, inc luding
but not lilnited
to,
the
following :
a.
Experienc e
with
State,
loc al or Federal
g overmnent proc esses
and
proc edures
b.
Experienc e
in
c rafting system reg ulations
14.
Experienc e.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
experienc e
in
working
within the c onfines of a
reg ulatory system,
and
experienc e
in
c reating
and/or
modifying rule, law, ordinanc e,
and/or
g uidelines.
15. Staff
Qualific ations
and
Capabilities.
Please
identify
staff
by name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their normal
responsibilities
in
your
firm. Provide
qualific ations
iuformation on tlle named
staff, iuc luding
the individuals’
partic ular
skills related to this
projec t,
educ ation, experienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
16.
Approac h
and
Methodolog y.
hl two
(1) pag es
or less, please provide a
c omplete desc ription
of
your
firms’
proposed approac h
and
methodolog y
to be used in
assisting
the WSLCB with
developing
rules and a
reg ulation
strateg y
for the state of
Washing ton’s new
Marijuana System.
RFP 1(430 Submittal Doc ument
7
00005614
COST PROPOSAL
The evaluation
process
is
designed
to award this
procurement
not
necessarily
to the
Proposer
of least
cost,
but rather to
the
Proposer
whose
proposal
best meets the
requirements
of this RFP.
However, Proposers
are
encouraged
to submit
proposals
which are consistent with State
government
efforts to conserve state and federal resources.
Instructions to
Proposer: Proposer
shall
complete
either Table 1
Q!
Table 2 below
by entering
their Not-to-Exceed
(NTE) Hourly
Rate
Q!
Not-to-Exceed
Daily
rate for Initiative 502
Consulting
Services. For the
purposes
of this
RFP,
one
day
shall consist of a total of
eight (8)
hours.
Proposer
is instructed to be familiar with the Initiative 502
language
when
preparing
their
response.
A link to the 1-
502 document is located in
Appendix
B ofthe RFP for
Proposer’s
convenience.
T bl 1 H I R t a e :
oury
a e
Descrintion NTE H urlv Rate
Not-to-Exceed
(NTE) Hourly
Rate for 1-502
$ 600.00
p/hour
Consulting
Services as stated in this RFP
Table 2’ Dailv Rate
Descrintion
Not-to-Exceed
(NTE) Daily
Rate for 1-502
Consultin!! Services as stated in this RFP
NTE Dailv Rate
$_p/day
RFP K430 Submittal Document
8
00005615
Brandon E.
Webby
has built the most
p ublic ly
awarded
disp ensary
and assoc iated
Growing
fac ilities in Colorado
(The Dandelion, Boulder, CO).
The Medic al
Marijuana
Enforc ement Division used the Dandelion and it’s
growing
as
a
training
model for new offic ers.
Bandon
Webby
has been a
p ioneer
in both the
Retail,
MIP and
growing asp ec ts
of
this
industry, additionally
Brandon Co-Founded
marQaha, a
leading Drink,
Tinc ture
and Mist
c omp any (MIP=Manufac tured
Infused Produc t
Comp any).
Brandon has bec ome a
leading MMJ
c onsultant
offering
various servic es to
many
of
the
Top Disp ensaries
and has
c hamp ioned resp onsible growing tec hniques
that
limit risks to the end user and make this a safer
industry.
Retail:
The Dandelion
Boulder,
CO 80302
MIP:
marQaha
marQaha.c om
00005616
Biography
Craig Kloppenberg
has been a life
long
resident of Colorado and has
positioned
himself to be an attribute to
developing policy
and
recommendations
through
education and
experience. Craig began
his
education at Trinidad State
junior College
where he
completed
an Associate
of Arts
degree
in Criminal
justice.
He was also a member of the
collegiate
baseball team
learning
to
manage
time between
being
a
college
athlete and
student.
Craig
was chosen for "Who’s Who
Among
American
junior Colleges"
for his work on student
council,
Resident
Assistant,
Athlete and student.
Craig
then
completed
formal
police academy training
at
Arapahoe
Community College
in 1992 and was hired as a
deputy
sheriff in La Plata
County
Sheriff’s Office. While
working
for the sheriff’s
office, Craig
was
recruited to work
Marijuana
eradication
conducting
covert
assignments
that
required
surveillance of clandestine
marijuana grows, developing
information and
relationships
with
community
leaders as well as stake
holders in
energy
to further information
gathering
and
investigative
information.
Craig
worked in concert with
agents
of The
Drug
Enforcement
Administration,
Federal Bureau of
Investigations
and other local law
enforcement
agencies during
his
assignment
to
Marijuana
eradication.
Craig
continued his law enforcement education
completingcourses
in
Marijuana
eradication, learning growing techniques,
and
packaging techniques
to avoid
detection and vehicle movement to avoid detection
by
law enforcement.
Craig
moved to Littleton Police
Department
in 1995 as a
patrol
officer and
furthered his education
by graduating
from
Regis University
with a Bachelor
Degree
in Criminal
justice. Craig completed
10
years
as a SWAT
Operator
obtaining numerous
certifications as a defensive tactics
instructor,
less lethal
instructor, taser instructor and firearms instructor. These skills allowed me
to
develop my
abilities as a
presenter
and
getting thoughts conveyed
to new
officers.
During Craig’s
tenure with Littleton Police
Department,
he was a
field
training
officer for 10
years training approximately
75 new officers in
that
span. Craig developed ability
to
complete
written
reports documenting
satisfactory performance
and
unsatisfactory performance
that
required
individual
counseling
or
designing
alternative
learning
methods for those he
was
training. Craig
was also a Police
Academy
instructor for 8
years focusing
on firearms and defensive tactic curriculums.
In 2011
Craig joined
Medical
Marijuana
Enforcement Division as a criminal
investigator. During
his time with
MMED,
he was
responsible
for
completing
routine
inspections
on medical
marijuana dispensaries,
associated
grows
and
food
products
that were being produced
with medical
marijuana. Craig
was
involved with
complex investigations
that included Colorado State
Attorney
General Office and Federal Bureau of
Investigations
that focused on
illegal
transportation
and sale of
marijuana
from outside the State of Colorado thru
medical
marijuana dispensaries. Craig
was charged
with
developing
processes
and
systems
to chart
marijuana
that was
being produced
and sold
at 8 different
dispensaries. Craig developed
a
training program
that was
00005617
taught
to local
jurisdictions
about the benefit of
regulations
and the role
Medical
Marijuana
Enforcement Division took to assist
local, state and
federal law enforcement.
Craig
has
completed
over 300
inspections
on medical
marijuana centers,
cultivation centers and infused
product
centers.
Craig
has been
exposed
to
several different
grow
methods,
business methods and
transportation
methods.
Craig
was able to
gain knowledge
on the business model for
many
medical
marijuana
centers in Colorado.
August 2012, Craig partnered
with
MMJ
America as a
compliance
officer
completing
similar tasks that he
completed
as a state criminal
investigator.
This
position
has offered
Craig
a
unique
look at how a
dispensary
and
grow
operates
from the business side.
Craig
has taken on a new
knowledge
of
growing techniques, tracking techniques, inventory issues,
internal theft and
transportation
concerns.
Craig
has been able to
implement
and
develop
unique process
to monitor those issues to render a viable and
legal
marijuana dispensary.
00005618
Joel Smith has
approximately
12
years experience
in law enforcement as a
police
officer and
inv estig ator
with the Colorado Medical
Marijuana
Enforcement Div ision.
Joel receiv ed his Bachelor’s
Deg ree
in Law Enforcement and Justice
Administration with a
secondary deg ree
in
Sociolog y
from Western Illinois
Univ ersity
in 1998. He receiv ed his Master’s
Deg ree
in Law Enforcement
and Justice Administration from Western Illinois
Univ ersity
in 2003.
Joel worked as a
police
officer in both
Rockford,
IL and
Denv er,
CO
between March 2001 and
July
2011. He worked as a
patrol
officer and as a
community
resource officer
during
his tenure at these
departments.
Joel’s
duties as
the
community
resources officer included
org anizing
and
leading
neig hborhood
watch
meeting s, working
with v arious
city ag encies
to close
problem properties
and
assisting
the Rockford Police Narcotics Units in
approximately
75 narcotics raids.
From
July
2011 to Nov ember 2012 Joel worked for the Colorado
Department
of
Rev enue,
Medical
Marijuana
Enforcement Div ision
(MMED).
He worked as a criminal
inv estig ator
and
performed
approximately
600
licensing inspections
of medical
marijuana centers,
associated
marijuana g rows
and
marijuana
infused
product
manufacturers.
My inspections
celiified the businesses adhered to State of Colorado rules
and
reg ulations.
Since Nov ember 2012 Joel has been
doing priv ate consulting
with medical
marijuana
businesses in the Denv er area. He is
confirming
the businesses
are
operating
within the State of Colorado rules and
reg ulations.
Joel is also
assisting
the businesses in
creating
internal
security policies.
00005619
Biography
for Retired
Special Agent
Pal W. Schmidt
S/ A Schmidt
began
his career with
Drug
Enforcement Administration
(D EA)
in
1987 after
serving more than six
years
with the
Arapahoe County
Sheriff’s
Department
n
L ittleton,
Colorado. As a
Deputy Sheriff,
S/ A Schmidt worked various
assignments
including patrol, investigations,
and the
Special
Services Unit
(SWAT).
After
working
with the DEA Task Force in
Denver, Colorado, Deputy
Schmidt
applied
for the
position
of
Special Agent
with the
Drug
Enforcement Administration. He was hired
by
the DEA
in
May
1987 at the Denver Division Office.
Upon graduation
from the DEA
academy,
S/A Schmidt’s first
assignment
was the
Portland, Oregon
Resident Office
(1987-1991),
where he advanced to a GS-121evel before
applying
for an overseas assignment.
In
1991,
S/ A Schmidt was transferred to the
Maracaibo, Venezuela Office and served there
until the office was closed in 1992. S/ A Schmidt
completed
his overseas tour at the
Country
Office in
Caracas,
Venezuela when he was transferred to the Miami Field
Division in 1995. While in
Miami,
he worked as a senior
agent
in an enforcement
grou
until he was
promoted
to a managerial/enforcement
GS-14
position.
In
May 1998,
S/ A
Schmidt assumed the
position
of the Resident
Agent
in
Charge
of the
Cheyenne
Residel
Office. In
September 2001,
S/ A Schmidt transferred to the
Special Operations
Division
in
Washington
D.C. where he served as a Staff Coordinator
assigned to
the international
money laundering
lmit. In June
2004,
he was transferred to the Austin Resident Office
and assumed the
position
of the Resident
Agent
in
Charge.
He maintained the RAC
position
in Austin for over three
years
before he was
promoted
to a GS-15
position.
In
March 2008,
SA Schmidt assumed the
responsibilities
of the Assistant
Special Agent
in
Charge
of the
Portland, Oregon
District Office. He oversaw and
managed
the DEA
activities and
operations
in the State of
Oregon
and southwest cOlmties of the State of
Washington.
Throughout
S/ A Schmidt’s law enforcement
career,
he has strived to advance hi
knowledge
and skill relative to the various
assignments
at hand.
Building upon
his
past
experience
from
previous
law enforcement
responsibilities
he started to
improve
and
expand
his
investigative
abilities and skills. S/ A Schmidt started at a GS-7
entry
level
and advanced to a GS-12 while
assigned
to the
Portland, Oregon
Resident Office. He
handled various
investigations including
clandestine
laboratories/methamphetamine,
indoor
marijuana cultivation,
and heroin/cocaine
smuggling
networks. He "chaired"
:
several trials in the District of
Oregon
and the Western District of
Washington
that
included
testimony
as an
expert
witness for tlle
prosecution.
While stationed in the
northwest,
S/A Schmidt
parlicipated
with Ph. D. Mahmoud A.
ElSohly, Project
DirectOr
for a study
of carmabis
sponsored by
the National Institute on
Drug
Abuse
(NIDA)
at
th9
University
of
Mississippi,
Research Institute of Pharmaceutical Sciences,
Health
Seienc, s
Research Division at the School
ofl’harmacy.
S/A Schmidt worked with researchers
analyzing
various
samples
of seized cannabis
(marijuana)
to determine the
THC%,
I
CBC%, CBD%,
and CBN%
(percentages)
and values. With this
data,
the
project
in
pat
studied what strains of carmabis cultivated under various conditions
produced
the
highe.
t
levels of each carmabinoid.
Overseas,
S/ A Schmidt
acquired
a
language proficiency
in
Spanish
that assisted
him in his
assigned
duties at the Maracaibo Resident Office and the Caracas
Country
1
00005620
Biography
for Retired
Special Agent
Paul W. Schmidt
Office.He worked various
investigations
with Venezuelao
counterpru1s
that included
several controlled deliveries back to the United States that resulted in successful
prosecutions. During
his tour
overseas,
he
developed
various confidential sources that
included a special
contact that was able to infiltrate several
large
scale international
money laundering organizations
based in Venezuela ruld Colombia. This source was
passed on to
agents remaining
in
country
aod has continued to work with law
enforcement officials.
After his transfer to the Miruni Field
Division,
he worked as a senior
agent
assigned
to ao enforcement
group working
with fellow DEA atld FBI
agents;
where he
developed
aod
sharpened
his skills
regarding
Title-III telecommunications
intercept
investigations
aod new
technologies.
81 A Schmidt’s
personality
atld skills allowed hinl
to ensure that a
strong working relationship
existed between the DEA
Group
Four and
FBI
Squad
Fonr
along
with state atld local
counterpruts.
This cohesiveness led to
numerous Title-III telecommunications
intercept investigations
that resulted in success
prosecntions
aod asset forfeitures.
Begiuning
his
maoagement
career in
May 1998,
SI A Schudt was
promoted
to
the Resident
Agent
in
Charge
of the
Cheyeune, Wyoung
Resident Office.He
quicldy
developed a new set of skills aod
koowledge
relative to
operating
atl office of eleven
people, including
a Post of
Duty
in
Casper, Wyoming.
He headed the Resident Office
and was
responsible
for the State of
Wyoung
and the northern border areas of Colorad
.
SI A Schndt worked with state authorities in
Wyoming
aod Colorado
along
with
twenty
six
separate
counties.He
pursued
a
sh’ong
commitment to
repair
and build
working
relationships runong
the
DEA, state aod local law enforcement
counterparts
since
~
previous
situations had
given way
to a stalemate in
drug
enforcement efforts in
Wyomin
aod northern Colorado. He aod office
personnel
made
daily
efforts to build on the
"positive" aspects
that
eventually gave way
to sound
working relationships -among
counterparts.During
S/A Schmidt’s tenure in
Wyoming,
the DEA
Cheyenne
Resident
Office received the Administrator’s Award for the frrst Title-III telecommunication
intercept completed on a
"pre-paid" calling
card used
by a Mexican National
Drug
.
Trafficking Organization
based in
Greeley,
Colorado.
In
September 2001,
S/A Schmidt
reported
to the
Special Operations
Division
located in
Lorton, Virginia
where he worked as a Staff Coordinator aod was
assigned
to
the international
money lawldering
unit overseen
by
an ICE
manager.
In this
assigmnen
he
acquired
valuable skills relative to Title-III
investigations
and the
diplomacy required
to coordinate
large
scale
investigations runong
the
DEA,
the
FBI,
and the ICE domestic
and
foteign
offices.These skills were sharpened
atld
expaoded
as he assumed the
responsibilities
as
"acting"
Unit Chief of the
money laundering
section on a regular
basi
.
He also assisted in the
development
and
deployment
of several
computer
software
applications including
the [mancial database
application currently
nruned "FIND IT" tha
assists Staff Coordinators in
reseru’ching
[mancial information
including
Graod
Jury
materials.This
proj ect required
him to
testify
before Graod Juries in the District of
Columbia and
present
the
proj ect
and
updates
to the Chief
Judge
of the District.Anothe
2
00005621
Biography
for Retired
Special Agent
Paul W. Schmidt
proj ect
of his involved the
design
and
implementation
of a
"telephone
de-confliction an
resource data base"
eventually
named "DARTS."
,
In June
2004,
SI A Sclunidt
reported
to the Austin Resident Office to assume the
position
of the Resident
Agent
in
Charge.
He built
upon
his
previous management
experiences
at the
Cheyenne
Resident Office and
quickly adapted
his
management
abilities to work within the
Austin,
Texas environment. He continued to learn and
develop
his
management
skills and
knowledge
relative to the
operation
of the Austin
office
consisting
of
twenty-four people
with the assistance of one
group supervisor.
Wi h
responsibility
for an area of thirteen counties and a
population
’ of 1.3 million
people,
he
pursued a strong
commitment to
repair
and build
working relationships
between the
DEA,state,
and local law enforcement
counterparts
as
previous
situations had led to a
negative reputation
of the DEA
among
the
maj or
law enforcement authorities in and
around
Austin,
Texas. With the
cooperation
of office
personnel
he turned this situation
around and made
positive
strides towards
strong working relationships
with
counterpart .
During
his tenure in
Anstin,Texas,
the DEA Austin Resident Office received
recognitio
from the San Antonio District Office and the Houston Field Division as a leader in usin
innovative
investigative techniques
and methods to
effectively
handle enforcement and
administrative matters,In
2007,
SIA Schmidt
managed
the Austin office without the
assistance of
any support positions
due to the DEA
hiring
freeze. He
expanded
his
working knowledge
of
employee
issues
ranging
from
performance improvement plans,
working "in-depth"
with the
Employee
Assistance
Program,
to
handling
the extended
sick leave of an
employee battling cancer and
relying on the use of the DEA and the DO
voluntary
leave banks.
In March
2008,
S/A Sclunidt received a
promotion
and
reported
to the
Portland,
f
Oregon
District Of ce to assume the
responsibilities
of the Assistant
Special Agent
in
Charge (ASAC).
He assumed enforcement and administrative
operations
for the State 0
Oregon
and the southern counties of
Washington
State
along
the Columbia River. He
worked to
improve
the District’ s administrative functions
encouraging
a more
posit
ve
and effective environment. SI A Sclunidt and the DEA offices in
Oregon
made a
concentrated effort to re-establish
strong working relationships
with state and local
counterparts regarding
enforcement efforts within the State of
Oregon.
These actions
resulted in the
development
of several
large
scale
investigations
that led to successful
prosecutions
and asset forfeitures. He continues to build
upon
his skill as an
agency
leader and
manager,strengthening working relationships
with
others,leveraging
available resow-ces to achieve the
highest possible
level of
performance.
ASAC
Schmidt
retired from DEA in 2010 in
good stariding
to take a position
with the Colorado
I
Department
of
Revenue,
Medical
Marij uana
Enforcement Dvision as the
Agent
in
Charge
of Enforcement
Operations.
Agent
in
Charge
Paul Schmidt started his career with the Colorado
Department
0

Revenue,
Medical
Marij uana
Enforcement Division
(MMED)
in
January
2011. He was
one of the initial hired members of the MMED. He assumed various
responsibilities
reading
the
development
of the Division
(MMED) including
vital
input
as a
subj ect
3
00005622
Biography
for Retired
Special Agent
Paul W. Schmidt
matter
expert
on cannabis for the MMEDand
recognized expert
in federal and state
courts
(Western
District of
Washington
and
Oregon
/
Colorado.)
In addition, Paul Schmidt conducts
independent
credited
training
seminars for
medical
professionals
such as the Texas
Osteopathic
Medical Association
(TOMA)
in
Dallas, Texas and the Iowa
Osteopathic
Medical Association
(IOMA)
in Des
Moines,
.
These
training
seminars are related to
pharmaceut
cal
prescription
abuse and
regulatory
rules and
protocols
associated with the
handling
controlled substances. These seminars
allow doctors and associated
employees
a means to
keep
current with
changing
trends
.
among
abusers and methods of detection to
help
build a successful
practice
and
pain
management strategy.
In
conclusion,
Paul Schmidt has
thirty- three years
of law enforcement
experienc
with fifteen
years
of
experience
in mid and
upper
level
management positions.
He is
currently
POST certified at the state level and a retired federal
agent
in
good standing.
Paul has taken
every opportunity
to learn and
strengthen
his "skill"
regarding
the
management
and
operations
oflaw enforcement
professionals.
(Smnmary)
As a law enforcement
professional,
Paul Schmidt has worked domest
cally
and overseas
He has accumulated an extensive
knowledge
of controlled substances and the rules and
regulations
associated to the
management
of
pharmaceuticals.
DEA
provided a firm
foundation
regarding
the
investigation
of illicit narcotics and the
oversight
of the DEA
Diversion
Program
which has the
responsibility
of
auditing
and
reviewing
the
pharmaceutical production
and distribution of controlled substances. Paul’s initial law
enforcement career allows him an avenue to work and relate well with local
municipalities as well as
county
and state level enforcement levels.
With his career
experience,
he has
developed
into a
recognized expert
in the field of
cannabis, testifying
as an
expelt
on the
part
of
prosecutions
and
assisting
the Medical
Marijuana Industry
within Colorado with
helpful
hints ofthe trade from electrical
powe
phasing
to current cultivation
techniq ues.
.
In
twenty- three years
of service with the
DEA,
S/A Schmidt has received a total of
twenty- one ratings
for
"Outstanding" performance
and two
ratings
of "Excellent"
performance.
These
twenty- three ratings were given by
a combination of seventeen
different
supervisors.
(Recognition
and
Awards)
S/A Schmidt has received ten certi: fi.cates of
recognition
tbat
include; Outstanding
Contributions, Exceptional Performance,
Excellence of
Service,
and the Administrator’s
Award for
Outstanding Group
Achievement.
(References)
Available
upon req uest
4
00005623
Washington
State
liquor
Control Board
Febmary 25,2013
William Jamieson
Cannabis Network Solutions
PO Box 47700
Phoenix,
AZ 85068
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr.
Jamieson,
This letter is to inform
you
that Cannabis Network Solutions’
response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
Proposals,
states in
part:
"..
.Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualify
the
Proposer from
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
Cannabis Network Solutions failed to
complete
and submit a Cost
Proposal
in
response
to
RFP
K430,
and is therefore unable to be evaluated in accordance with RFP
requirements.
Cannabis
Network Solutions submitted an incomplete response
and is thus deemed
non-responsive
and r
jected
from further
participation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090; Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005624
Washington
State
liquor
Control Board
February 25,2013
William Jamieson
Cannabis Network Solntions
POBox 47700
Phoenix,
AZ85068
Subject: Rejectian
of
Response
to
Washington
State
Liquor
Control BOfil’d (WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear Mr, Jamieson,
This letter is to infol1n
you
that CaJ)nahis Network Solutions’
response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to COnfOllli to RFP
requirements,
Section 3,2, Preparation ofPl" Oposals,
states in
part:
" ...Incomplete or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed ill this section
may disquali/
tite
Proposerfrom
forther participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
hnd enSure their
Proposal
is
complete.
Camlabis Network Solutions failed to
complete
and submit a Cost
Proposal
in
response
to
RFP
K430,
and is therefore unable to be evaluated in aeeordance with RFP
requirements.
Cammbis
Network Solutions submitted an incomplete response
and is thus deemed
non-responsive
and
rejected
from further
pattieipation
in this RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing future
responses.
If
you
have
any questons, please
feel
free to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
hn
Farley
Proem’ement Coordinator
eo: K430 Contract file
3000 Pacific Ave.
SE,
POBox
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005625
Stocker.
Marlie
From:
Sent:
To:
Subject:
. Attachments:
K430
Monday, February 25, 2013 11:45 AM
420patients.com (wj@420patients.com)
WSLCB RFP K430 -
Rejection
Notification
K430_Cannabis Network
Solutions_Rejection Letter.pdf
Good
Morning,
Thank
you
for
submitting a
response
to
Washington
State
Liquor
Control Board
(WSLCB) Request
for
Proposals (RFP)
K430
-
Initiative 502
Consulting
Services. In
accordance with the attached
letter,
the WSLCB must
reject your response.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. Please feel free to contact
me if
you
have
any questions or need additional information.
Thank
you,
John
Farley
Procurement Coordinator
K430@liq.wa.gov
1
00005626
Washington
State
Liquor
Control Board
February 25, 2013
William Jamieson
Cannabis Network Solutons
PO Box 47700
Phoenix,
AZ 85068
Subject: Rejectiou
of
Response
to
Washington
State
Liquor
Control B\llu:d (WSI,CB)
Request
for
Proposals (RFP) K430,
Illitiative 502
Consulting
Services
Dear Mr.
Jamieson,
This letter is to inform
you
that Cmwabis
Network Solutions’
response
to
Request
for
PJ’Oposals (RFP)
[(430 has been
rejected
because it failed to conform to RFP
requirements.
Section
3.2, Preparation
of
PJ’Oposals,
states in
patt:
"..
.Incomplete or
vague responses may
be considered
non-responsive
and
may
be
r~ ieeted.
Failure
to
complete
and submit the
required
items listed In this section
may dlsqualij
the
Proposerfrom
jilrther participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understand the RFP
requirements
and ensure their
Proposal
is
complete.
Cannabis Network Solutions failed to
complete
and submit a Cost
Proposal
in
response
to
RFPK430,.and is thereforeunablc to be evaloated in accordance with RFP
requirements.
Camlabis
Network Solutions submitted an
incomplete response
and is thus deemcd
non-responsive
and
rejected
frol11 further
palticipation
in this RFP.
Thank
YO,l
for
yOW’
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
behtg
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely,
~
ce: [(430 Contract file
3000 Pacific Ave.
SE,
POBox
43090, Olympia
WA
98504,3090, (360) 664-1600, www.liq.wa.gov
00005627
CANNABIS NETWORK SOLUTIONS
Cannabis Networl{ Solutions LLC was
developed
to
provide options
to
Dispensary Groups
in need....we
have well over 100
years
of combined
experience
and feel confident we can provide
solutions for all
your
dispensary
needs. With current 420Patients.com
caregiver
networks in 4 states
providing
local flower
product
and successful
products
launches of
Bhang Chocolates, 420Suckers and
prebaked
infused
products,
we feel confident we have the solutions
you
are looking
for. We
currently manage
over lOO,DOOsf of
cultivation
space
and utilize state of the art
technologies
to increase
yields
and reduce costs. With an
approved Dispensary
in Arizona
finally on its
way, functioning
kitchens in several states and cultivation
facilities
providing
for all of our
production requirements, we are positioned
to
provide a new
patient,
experienced caregiver or an entire state assistance with all the
opportunities
the Cannabis
Industry
has to
offer. Located in
Phoenix, Arizona we are
prepared
to
provide
all 4
categories
of services for the RFP
process.
Vertical
Xchange Strategic Relationships Building
http://wwwverticalxchange.com
/
420Patients Patient and
Caregiver networking
http://www.420patjent.i.com/
Canna line
lars
and
Bags Dispensary Packaging
http://www.cannaline.com/4 20 /
Bhang
Chocolates Cannabis Edible Products
http://bhangchocolate.com
/
Bakers Candies
Candy Company
http://www.bakercandies.com
/
Keef Cola Cannabis Drinks
http://www.keefcola.com
/
NutraMetrix Vitamins and Nutrients
nutrametrix.com/420patients
Erupt
Nutrients
Dispensary
Nutrient Solutions
http://eruptn
utrients,com I
Happy
Harvester
Hydroponics Lights, Fans, Nutrients
http://www.happyharyestersaz.com
/
MIFreeWay MMI
Software
http://wwwmjfreeway.com/
WeedMaps
Online Search and Website
llttp:
I
/www.legalmariiuanadispensary.com/
Mayes
Telles Law Firm Cannabis
L" egal
Assistance
http://www.mayestelles.com
/
DAUM Commercial Real Estate Commercial Real Estate
I1ttp: Ilwww.daumcommercial.com/H
ome,aspx
We
appreciate your consideration,
Very truly yours,
William
Jamieson
MA., Clinical
Psych
Founding
Member of
Cannabis Network Solutions
420Patients.com
602-332-0748
Wj@420Patients.com
Powered
by
420Patients.com Network
of
Solutions -
Info@420Patients.com
- 480-420-7244
00005628
Contract Number 1(430
For
Initiative 502
Consulting
Services
Between the
Washington
State
Liquor
Control Board
and
Cannabis Network Solntions
This Contract is made and entered into
by
and between the
Washington
State
Liqnor
Control
Board,
hereinafter referred to as the
"WSLCB",
and the below named
Company,
hereinafter
referred to as "Contractor",
for the
purpose
of
providing
loitiative 502
Consulting
Services.
Cannabis Network Solutions
William Jamieson
PO BOX 47700
Phoenix,
Arizona
Phone: 602-332-0748
Email:
WJ@420Patients.com
Federal TIN: 34-1980534 Plant
FloorXChange
"DBA"
AGXchanges
LLC
W A State UBI Number:
PURPOSE
The
purpose
ofthis Contract is to enter into an
agreement
for loitiative 502
(1-502) Consulting
Services,
to assist the WSLCB with the
implementation
of the
requirements
ofI-502.
SCOPE OF WORK
Exhibit
A,
attached hereto and
incorporated by reference,
contains the General Tenns and
Conditions
governing
the
goods
to be
provided
and services to be
perfonned
under this
contract,
the nature of the
working relationship
between the WSLCB and the
Contractor,
and
specific
obligations
of both
parties.
The Contractor will
provide goods, services,
and
staff,
and otherwise do all
things necessary
for or
incidental to the
perfornlance
of
work, as included in the WSLCB’S
Request
for
Proposals
No.
K430,
attached as Exhibit
B,
and the Contractor’s
proposal
dated 2/15/2013
,
attached as
Exhibit C.
The Contractor shall:
Provide
Consulting
Services to the WSLCB which shall assist the
agency
with the
implementation
of 1-502
requirements including,
but not limited
to,
the
following Categories
of
expertise:
;.
Category
1: Product and
Industry Knowledge
Contractor shall be a
product expert
and have
expert knowledge, including
but not
limited, to
the
following:
a. How
Marijuana
is
grown, cultivated, harvested, cured,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged, labeled, transported,
and sold at retail level
d. How wholesale and retail
product
should be recalled and accounted for
e. How
Marijuana
should be
destroyed
if over
produced, contaminated, or recalled
CONTRACT NO. K430
Page
1 of 30
00005629
Category
1 Deliverables:
Contractor shall
provide
the
following:
1. Minimum standards
relating
to the
growth, harvesting, transporting
and sale of use able
recreational
Marijuana
2. Minimum standards for Product
safety relating
to the infusion of
Marijuana
or
Malijuana byproducts
in
food, beverage, lotions,
ointments or other Products to be sold
in retail locations
3. Minimum standards for the
track ing
and reconciliation of Product
grown, sold,
and/or
destroyed
) > >
Category
2: Product
Quality
Standards and
Testing
Contractor shall:
a. Have
expert Irnowledge
of the infraslructnre
required
to test
Marijuana
to ensure the
following:
. Product
quality, content,
and
ingredients
. Consumer
safety
b. Assist the WSLCB with
establishing quality
standards for
testing’
c. Assist the WSLCB with
establishing
and
implementing Industry testing
standards and
practices
d. Be
Irnowledgeable
on methods to
safely process product
Category
2 Deliverables:
Contractor shall
provide
the
following:
I. Minimum standards allowed for
testing
and
confirming
Product
safety
from
contaminants
2.
Testing
standards for Product
testing
ofTHC/CBD levels and ratios for Product offered
3.
Labeling
standards needed to meet the
requirements as defined
by
law
) > >
Category
3: Product
Usage
and
Consumption
Validation
Contractor shall:
a. I-lave the
expertise
to estimate
product usage
and
consumption
levels
by geographic
areas in
Washington
State.
Category
3 Deliverables:
Contractor shall
provide
the
following:
1. A
report detailing recreational,
medical and total
Marijuana use in
Washington State,
by county
.
2. A
projected
volume of
Marijuana
needed on an annual basis to
satisfy demand,
and
establish
plant yield
and
growth
volume
assmnptions
needed to
k eep pricing
at or
below black mm’ k et levels
) > >
Category
4: Product
Regulation
Contractor shall:
a. Have a
strong understanding
of
State,
local or Federal
government processes
and
procedures
b. Assist the WSLCB in
crafting Marijuana system regulatiO lis.
Category
4 Deliverables:
Contractor shall:
CO NTRACT NO . K430
Page
2 of 30
00005630
1. Conduct stakeholder focus
groups
for discussion and determination of best
practice
relating
to the
growth, harvesting, distribution, product
infusion and sale of useable
recreational
Marijuana
2. Provide written
independent
third
party assumptions,
recommendations and
oversight
following guidelines
established
by
the
open government
act
General
Requirements:
Contractor will work in
conjunction
with the WSLCB
project manager
and
any
other identified
WSLCB
personnel
to ensure that the services are
provided
in accordance with
industry
standards
and best
practices.
PERIOD OFPERFORMANCE
The
period
of
perfonnance
nnder this contract shall be for two
(2) years
from the date of
execution,
with the
option
to extend for additional terms or
portions
thereof.
COMPENSATION
r. Total comDensation or semces rendered shall be as follows:
Item Descrintion Price
Total
MICELLANEOUSEXPENSES
The WSLCB
may
reimburse Contractor for travel and related
expenses
as identified in
this.
Contract, or as authorized in
writing,
in advance
by
the WSLCB in accordance with the current
rules and
regulations
set forth in the
Washington
State Administrative and
Accounting
Manual
(http:/ / www.ofm.wa.gov/ policyldefault.asp).andnottoexceedexpensesactuallyincurred.No
payment
of travel
eXpenses
will be made to Contractor for routine travel to and from the WSLCB’8
location. Contractor
may
be
required
to
provide a detailed itemization of
expenses, including
description,
amounts and
dates,
and
receipts
for amounts of
fifty
dollars
($50) or more when
requesting
reimbursement.
BILLING PROCEDURES AND PAYMENT
The WSLCB will
pay
Contractor
upon acceptance
of
goods
and/ or services
provided
and
receipt
of
properly completed invoices,
which should be submitted
electronically
to:
HOSullPly( lig.wa.gov.
If Contractor is unable to submit invoices
electronically,
invoices
may
be submitted
by
mail to:
Washington
State
Liquor
Control Board
Attn:
Support
Services
PO Box 43090
Olympia,
WA 98504
Each invoice shall be identified with the
following
items:
. State INVOICE
.
IdentifY
the invoice nwnber and date
. Be identified
by
Contract Number K430
.
Identify
Contractor’s Statewide Vendor
registration
number
assigned by Washington
State
Office of Financial
Management (OFM)
. Be in U.S. dollars
.
Identify
the all
applicable prompt payment
discount and/ or volwne
discount(s)
CONTRACT NO. K430
Page
3 of 30
00005631
.
I d e n t i f y pay e e
n ame an d ad d re ss i n
compli an ce
wi t h U.S. Post al
re g u lat i on s
. De scri be an d
d ocu me n t , t o t he WSLCB’S
sat i sf act i on , a d e scri pt i on
of t he
g ood s provi d e d
an d /or work
pe rf on n e d , i n cln d i n g
d at e s
. Be
accompan i e d by
d ocu me n t at i on t hat con f i n n s t hat se rvi ce s we re
pe rf on n e d
or
prod u ct s
we re re ce i ve d
The WSLCB
may ,
i n i t s sole
d i scre t i on ,
t e n n i n at e t he con t ract or wi t hhold
pay me n t s
clai me d
by
t he Con t ract or f or
g ood s
an d /or se rvi ce s re n d e re d i f t he Con t ract or f ai ls t o
sat i sf act ori ly comply
wi t h
an y
t e n n or con d i t i on of t hi s con t ract .
No
pay me n t s
i n ad van ce or i n
an t i ci pat i on
of se rvi ce s or
su ppli e s
t o be
provi d e d
u n d e r t hi s con t ract
shall be mad e
by
t he WSLCB.
Pay me n t
shall be con si d e re d
t i me ly
i f mad e
by
t he WSLCB wi t hi n
t hi rt y (30)
cale n d ar
d ay s
af t e r
re ce i pt
of
prope rly comple t e d
i n voi ce s.
Pay me n t
shall be se n t t o t he ad d re ss
d e si g n at e d by
t he
Con t ract or.
Pay me n t
f or
mat e ri als, su ppli e s
an d /or
e qu i pme n t
re ce i ve d an d f or se rvi ce s re n d e re d shall be mad e
by
WSLCB an d be re d e e mable i n U.S. d ollars.
An y
ban k or t ran sact i on f e e s or si mi lar cost s
associ at e d wi t h
cu rre n cy e xchan g e proce d u re s or t he u se of
pu rchasi n g /cre d i t
card s shall be
f u lly
assu me d
by
t he Con t ract or.
I n t he e ve n t t hat t he Con t ract or
ove rcharg e s
t he
WSLCB,
che cks shall be mai le d wi t h t he hard
copy
cre d i t me mos PO BOX 43085
Oly mpi a
W A 98504.
CONTRACT ADMI NI STRATI ON
All au t hori ze d commu n i cat i on
re g ard i n g
t hi s con t ract shall occu r be t we e n t he Con t ract or’s
Au t hori ze d
Re pre se n t at i ve or
d e si g u e e
an d t he WSLCB Con t ract Ad mi n i st rat or or
d e si g n e e .
Con t ract or’s Au t hori ze d
Re pre se n t at i ve
I
WSLC Cou t ract Ad mi n i st rat or
I
Con t ract or’s Au t hori ze d
Re pre se n t at i ve Name
Wi lli am Jami e son
Washi n g t on
St at e
Li qu or
Con t rol Board
PO BOX 47700 PO Box 43090
Phoe n i x,
Ari zon a 85068
Oly mpi a,
W A 98504
Phon e :
(602)
332-0748 Phon e :
(360)
664-
Emai l ad d re ss:
WJ@420Pat i e n t s.com Emai l ad d re ss: En t e r Emai l
CONTRACT NO. K430
Pag e
4 of 30
00005632
ORDER OF PRECEDENCE
Each of the exhibits listed below is
hereby in corp orated
in to this con tract. In the even t of an
in con sisten cy
in this
con tract,
the
in con sisten cy
shall be resolved
by givin g p receden ce
in the
followin g
order:
1.
Ap p licable
federal an d state of
Washin gton
staln tes an d
regu lation s
2.
S p ecial
ten n s an d con dition s as con tain ed in this basic con tract in strmn en t
3. Exhibit A -Gen eral Terms an d Con dition s
4. Exhibit B -
Reqn est
for
Prop osals
No. K430
5. Exhibit C -Con tractor’s
Prop osal
dated 2/15/2013
6.
An y
other
p rovision ,
ten n or material
in corp orated
herein
by
referen ce or otherwise
in corp orated
APPROVAL
The
sigu atories
to this Con tract
rep resen t
that
they
have the
au thority
to bin d their
resp ective
organ iz ation s
to this Con tract.
In Witn ess
Whereof,
the
p arties hereto, havin g
read this Con tract in its
en tirety, in clu din g
all
attacln n en ts,
do
agree
in each an d
every p articu lar
an d have thu s set their han ds hereu n to.
For Con tractor:
Project Man ager
for WS LCB:
(Con tractor
Au thoriz ed
Rep resen tative S ign atu re) (Date) (S ign atu re) (Date)
Washin gton
S tate
Liqu or
Con trol Board
CANNABIS NETWORK 3000 Pacific Ave S E
Con tl’aclor Name S OLUTIONS A!!en cv Name
Olymp ia,
W A 98504
Prin t Name WILLIAM JAMIES ON Prin t Name
Telep hon e No. 602-332-0748 Telep hon e No.
Email WJ(
420Patien ts.com Email
Au thoriz in g
WS LCB Con tract
Man ager Ap p roval
Prin t Name Date
S ign atn re
Email
Phon e
CONTRACT NO. K430
Page
5 of 30
00005633
EXIDBITA-
GENERAL TERMS AND CONDITIONS
DEF INITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ACCEPTANCE . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ERRORI BOOKMARK NOT DEF INED.
ADMINISTRATIVE SUSPENSION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
ADVANCE PAYMENTS PROH IBITED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ADVERTISING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ALTERNATIVE DISPUTE RESOLUTION F EES AND COSTS. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
AMENDMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
AMERICANS WITH DISABILITIES ACT
(ADA)
OF
1990,
PUBLIC LAW
101-336, ALSO REF ERRED TO
AS TH E "ADA" 28 CF R PART 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ANTITRUST
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
ASSIGNMENT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ASSURANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ATTORNEYS’ F EES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CH ANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
COMMENCEMENT OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF IDENTIALITY/SAF EGUARDING OF INF ORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF LICT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF LICT OF INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF ORMITY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONTRACTOR
COMMITMENTS,
WARRANTIES AND REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
COST OF REMEDY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
COVENANT AGAINST CONTINGENT F EES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
DETERMINATION OF STANDARD OF
QUALITY/CONSISTENCY
OVER TERM OF CONTRACT! I
DISALLOWED COSTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
DISPUTES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
ENTIRE AGREEMENT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
EQUIPMENT
DEMONSTRATION COMPLIANCE INSPECTIONS ERROR I BOOKMARK NOT DEF INED.
ESTABLISH ED BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
F ORCE MAJ EURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
GIF TS AND GRATUITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
GOVERNING LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
INCORPORATED DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
INDEMNIF ICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
IDENTIF ICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INDEPENDENT CAPACITY OF TH E CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INDUSTRIAL INSURANCE COVERAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INSPECTION AND REJ ECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
.
INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
LEGAL NOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
LICENSING,
ACCREDITATION AND REGISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIENS,
CLAIMS AND ENCUMBRANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIMITATION OF AUTH ORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIMITATION OF LIABILITy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIQUIDATED DAMAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
MATERIALS AND WORKMANSH IP
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
MATERIAL BREACH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
NO ADDITIONAL CH ARGES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NONDISCRIMINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NON-EXCLUSIVE REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
OPPORTUNITY TO CURE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
CONTRACT NO. K4 30
Page
6 of 30
00005634
ORDER FULFILLMENT
REQUIREMENTS ......................................
ERROR! BOOKMARK NOT DEFINED.
OSHA AND WISHA
REQUIREMENTS ...................................................................................................1 9
OVERPAYMENTS TO CONTRACTOR.................
..................................................................................
20
PERSONAL
LIABILITy ................, ...........................................................................................................20
PRICE INCREASES...................................................................................................................................21
PRICE PROTECTION................................................................................................................................21
PRIVACy ...................................................................................................................................................21
PROBLEM RESOLUTION AND DISPUTES
...........................................................................................
21
PUBLICITY
................................................................................................................................................22
RECORDS MAINTENANCE ....................................................................................................................22
REGISTRATION WITH DEPARTMENT OF REVENUE........................................................................23
RETENTION OF RECORDS .....................................................................................................................23
RIGHT OF INSPECTION...........................................................................................................................23
SAVINGS
...................., ........................................................................ERROR I BOOKMARK NOT DEFINED.
SERVICE EXPECTATIONS.....
...........................................................
ERROR! BOOKMARK NOT DEFINED.
SEVERABILITy .......................
.................................................................................................................
23
SHIPPING AND RISK OF LOSS
.........................................................
ERROR! BOOKMARK NOT DEFINED.
SITE SECURITy ........................................................................................................................................23
STATEWIDE VENDOR PAYMENT REGISTRATION
...........................................................................
23
SUBCONTRACTING
................................................................................................................................
23
SUPERVISION AND COORDINATION ..................................................................................................24
SURVIVORSHIP........................................................................................................................................24
TAXES,
FEES AND LICENSES
................................................................................................................
24
TERMINATION BY MUTUAL AGREEMENT........................................................................................25
TERMINATION FOR CAUSE..................................................................................................: ................25
TERMINATION FOR CONFLICT OF INTEREST
...................................................................................
26
TERMINATION FOR CONVENIENCE ...................................................................................................26
TERMINATION FOR NON-ALLOCATION OF FUNDS ........................................................................26
TERMINATION FOR WITHDRAWAL OF AUTHORITy ..........................
............................................
26
TERMINATION PROCEDURES ..............................................................................................................27
TITLE TO PRODUCT ................................................................................................................................27
TRAINING
...........................................................................................
EmwR! BOOKMAIU( NOT DEFINED.
TREATMENT OF ASSETS
........................................................................................, ..............................
27
WAIVER.....................................................................................................................................................28
WARRANTIES
..........................................................................................................................................
28
EXHIBIT B
..................................., ................................................................................................................29
EXHIBIT C
....................................................................................................................................................
3 0
DEFINITIONS
As used
throughout
this
coutract,
the
following
terms shall have the
meaning
set forth below:
A.
"Acceptance"
-- The
materials, supplies, services,
and/or
equipment
have
passed appropriate
inspection.
In the event that there is a formal
Acceptance Testing period required
in the
Solicitation document then
acceptance
is fOffilalized iu
writing.
If there is no
Acceptance
Testing, acceptance may
occur when the Products are delivered and
inspected.
B.
"Acceptance Testing"
-- The
process
for
ascertaining
that the
materials, supplies, services,
and/or
equipment
meets the standards set forth in the
Solicitation, prior
to
Acceptance by
the
WSLCB.
CONTRACT NO.K4 3 0
Page
7 of 3 0
00005635
C. "WSLCB" --shall mean the
Liquor
Control Board of the State of
Washington, any division,
sec tion, offic e,
unit or other
entity
of the
WSLCB, or
any
of the offic ers or other offic ials
lawfully representing
that WSLCB.
D.
"Agent"
--shall mean the
Direc tor,
and/or the
representative
authorized in
writing
to ac t on the
Direc tor’s
behalf, or Contrac tor’s authorized
representative ac ting on behalf of the Contrac tor.
E. "Amendment" --For the
purposes
of this
Contrac t,
shall mean an
agreement
between th
parties
to
c hange
this Contrac t after it is
fully signed by
both
parties.
Suc h
agreement
shall be
memorialized in a written doc ument
desc ribing
the
agreed upon c hange inc luding any
tenns
and c onditions
required
to
support
suc h
c hange.
An Order Doc mnent shall not c onstitute an
Amendment to this Contrac t.
F. "Business
Days"
--
Monday through Friday,
8:00 a.m. to 5:00
p.m.,
Pac ific
Time, exc ept
for
holidays
observed
by
the state of
Washington.
G. "Calendar
Days"
--Consec utive
days
of the
year inc luding
weekends and
holidays,
eac h of
whic h c ommenc e at 12:00:01 a.m. and end at
Midnight,
Pac ific Time. When
"days"
are not
spec ified,
Calendar
Days
shall
prevail.
H. "Contrac t" --An
agreement,
or mutual
assent,
between two or more
c ompetent parties
with the
elements of the
agreement being offer, ac c eptanc e, c onsideration,
and
legal binding.
I . "Contrac t Administrator" --The
primary
c outac t for the WSLCB
regarding
this c ontrac t.
J: "Contrac tor" --shall mean that
finn, provider, organization,
individual or other
entity
providing goods
and or
servic e( s)
under this
c ontrac t,
and shall inc lude all
employees
of the
Contrac tor.
K. "Contrac tor’s Authorized
Representative"
--An individual or
agent designated by
the
Contrac tor to ac t on its behalf and with the
authority
to
legally
bind the Contrac tor
c onc erning
the terms and c onditions set forth in Solic itation and Contrac t doc uments.
L.
"I nspec tion"
--An examination of delivered
material, supplies, servic es,
and/or
equipment
prior
to
Ac c eptanc e
aimed at
fonning a judgment as to whether suc h delivered items are what
was ordered, were
properly
delivered and
ready
for
Ac c eptanc e. I nspec tion may
inc lude a
high
level visual examination or a more thorough
detailed examination as is
c ustomary
to the
type
of
purc hase, as set forth in the solic itation doc ument and/or as agreed
between the
parties.
I nspec tion
shall be
ac knowledged by an authorized
signature
of the WSLCB.
M. "I nvitation For Bids"
( I FB)
--The fonn utilized to solic it Bids in the
formal,
sealed Bid
proc edure
and
any
amendments thereto issued in
writing by
the WSLCB.
Spec ific ations
and
qualific ations are
c learly
defined.
N. "Lead Time/After
Rec eipt
of Order
( ARO) "
--The
period
of time between when the Contrac tor
rec eives the order and the WSLCB rec eives the
materials, supplies, equipment,
or servic es
order.
O. "Order Doc ument" --A written
c ommunic ation,
submitted
by
the WSLCB to the
Contrac tor,
whic h details the
spec ific
transac tional elements
required by
the WSLCB within the
sc ope
of
this Contrac t suc h as
delivery date, size, c olor, c apac ity,
etc . An Order Doc mnent
may inc lude,
but is not limited to
purc hase orders,
work order or other
writings as
may
be
designated by
the
parties
hereto. No additional or alteroate terms and c onditions on suc h written c ommunic ation
shall
apply
unless authorized
by
this Contrac t and
expressly agreed
between the WSLCB and
the Contrac tor.
P.
"Proposal"
--A written offer to
perfOTI ll a Contrac t to
supply materials, supplies, servic es,
and/or
equipment
in
response
to a Request
for
Proposal ( RFP) .
CONTRACT NO. K430
Page
8 of 30
00005636
Q.
"Request
for
Proposals (RFP)"
--The fonn utilized to solicit
Proposals
in the
formal,
sealed
Bid
procedure
and
any
amendments thereto issued in
w riting by
the WSLCB. The
specifications
and
qualification requirements are w ritten in an outcome based form
allow ing
for consideration of a broad
rang e
of different solutions to meet the
procurement
need.
R. "Subcontractor" --shall mean one not in the
employment
of the
Contractor,
w ho is
perfonning
all or
part
of those services under this contract under a
separate
contract w ith the Contractor.
ADMINISTRATIVE SUSPENSION
When in the best iuterest of the
WSLCB;
the WSLCB
may
at
anytime,
and w ithout
cause, suspend
the Contract or
any portion
thereof for a
period
of not more than
thirty (30)
calendar
days per
event
by
w ritten notice from the Contract Administrator to the Contractor’s
Representative.
Contractor
shall resume
perfonnance
on the next business
day follow ing
the 30th
day
of
suspension
unless an
earlier
resumption
date is
specified
in the notice of
suspension.
If no
resumption
date w as
specified
in the notice of
suspension,
the Contractor can be demanded and
required
to resume perfonnance
w ithin the
thirty (30) day suspension period by
the Contract Administrator
providing
the
Contractor’s
Representative
w ith w ritten notice of such demand.
ADVANCE PAYMENTS PROHIBITED
No
payments
in advance of or in
anticipation
of
g oods or services to be
provided
under this
contract shall be made
by
the WSLCB.
ADVERTISING
Contractor shall not
publish or use
any
information
concerning
this Contract in
any
format or
media for
advertising
or
publicity
w ithout
prior
w ritten consent from the Contract Administrator.
ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS
In the event that the
parties eng ag e
in
arbitration,
mediation or
any
other alternative
dispute
resolution forum to resolve a dispute
in lieu of
litig ation,
both
parties
shall share
equally
in the cost
of the alternative
dispute
resolution
method, including
cost of mediator or arbitrator. In
addition,
each
party
shall be
responsible
for its ow n
attorneys’
fees incurred as a result oflhe alternative
dispute
resolution method.
AMENDMENTS
This contract
may
be amended
by
mutual
ag reement
of the
parties.
Such amendments shall not be
binding
unless
they are iu
w riting
and
sig ned by persOlmel
autholized to bind each of the
parties.
AMERICANS WITH DISABILITIES ACT
(ADA)
OF
1990,
PUBLIC LAW
101-336,
also
referred to as the "ADA" 28 CFRPart 35
The Contractor must
comply
w ith the
ADA,
w hich
provides comprehensive
civil
lig hts protection
to individuals w ith disabilities in the areas of
employment, public accommodations, state and local
g overmnent services,
and teleCOlmnunications.
ANTITRUST
The WSLCB maintains
that,
in actual
practice, overcharg es resulting
from antitrust violations are
borne
by
the WSLCB.
Therefore,
the Contractor
hereby assig ns
to the WSLCB
any
and all of the
Contractor’s clainis for such
price fixing or
overcharg es
w hich arise under federal or state antitrust
law s, relating
to the
materials, supplies,
services and/or
equipment purchased
under this Contract.
CONTRACT NO. K430
Pag e
9 of 30
00005637
ASSIGNMENT
Neither this
contract,
nor
any
claim
arising
under this
contract,
shall be transferred or
assig ned by
the Contractor without
p rior
written consent of the WSLCB.
ASSURANCES
The WSLCB and the Contractor
ag ree
that all
activ ity p ursuant
to this contract will be in
accordance with all the
ap p licable
current
federal, state and local
laws, rules,
and
reg ulations.
ATTORNEYS’ FEES
In the ev ent
oflitig ation or other action
broug ht
to enforce contract
tenns,
each
p arty ag rees
to bear
its own
attorney
fees and costs.
CHANGES
The WSLCB reserv es the
rig ht
to
modify
this Contract
by
mutual
ag reement
between the WSLCB
and the
Contractor, so
long as such modification is
substantially
within the
scop e
of the
orig inal
Contract.
Alterations to
any
of the
tenns, conditions, or
requirements
of this Contract shall
only
be effectiv e
up on
written issuance of a mutually ag reed
Contract Amendment
by
the Contract Administrator.
COMMENCEMENT OF WORK
No work shall be
p erformed by
Contractor until this Contract is executed
by
the Contractor and the
WSLCB and is receiv ed
by
the Contractor.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The Contractor shall not use or disclose
any
information
concerning
the
WSLCB, or information
that
may
be classified as confidential,
for
any p urp ose
not
directly
connected with the
administration ofthis
contract, excep t
with
p rior
written consent ofthe
WSLCB, or as
may
be
required by
law.
CONFLICT
To the extent
p ossible,
the terms of this Contract shall be read
consistently.
CONFLICT OF INTEREST
Notwithstanding any
determination
by
the Executiv e Ethics Board or other
tribunal,
the WSLCB
may,
in its sole
discretion, by
written notice to the Contractor tenninate this contract ifit is found
after due notice and examination
by
tlle
Ag ent
that there is a v iolation of tlle Ethics in Public
Serv ice
Act, Chap ter
42.52
RCW; or
any
similar statute
inv olv ing
the Contractor in the
p rocurement of, or
p erfonnance
under this contract.
In the ev ent this contract is terminated as
p rov ided abov e,
the WSLCB shall be entitled to
p ursue
the same remedies
ag ainst
the Contractor as it could
p ursue
in the ev ent of a breach of the contract
by
the Contractor. The
rig hts
and remedies of the WSLCB
p rov ided
for in this clause shall not be
exclusiv e and are in addition to
any
other
rig hts
and remedies
p rov ided by
law. The existence of
facts
up on
which the
Ag ent
makes
any
determination wlder this clause shall be an issue and
may
be
rev iewed as
p rov ided
in the
"Disp utes"
clause of this contract.
CONFORMITY
If
any p rov ision
of this Conh’act v iolates
any
Federal or State of
Washing ton
stalute or rule
oflaw,
it is considered modified to confonn to that statute or nde of law.
CONTRACT NO. K430
Pag e
10 of 30
00005638
CONTRACTOR
COMMITMENTS,
WARRANTIES AND REPRESENTATIONS
Any
written commitment
by
Contractor within the
scope
of this Contract shan be
binding upon
Contractor. Failure of Contractor to fulfill such a commitment
may
constitute breach and shall
render Contractor liable for
damages
under the tenns of this Contract. For
purposes
of this
section,
a commitment
by
Contractor includes:
( i) Prices, discounts,
and
options
committed to remain in
force over a
specified period
of
time;
and
( ii) any wan’anty
or
representation
made
by
Contractor in
its
Response
or contained in
any
Contractor or manufacturer
publications,
written
materials,
schedules, charts, diagrams, tables, descriptions,
other written
representations,
and
any
other
communication medium
accompanying
or referred to in its
Response
or used to effect the sale to
WSLCB.
COST OF REMEDY
Cost of
Remedying
Defects: All
defects,
indirect and
conseq uential
costs of
correcting, removing
or
replacing any
or all of the defective materials or
eq uipment
will be
charged against
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
securing
business.
The WSLCB 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.
DETERMINATION OF STANDARD OF
QUALITY/CONSISTENCY
OVER TERM OF
CONTRACT
.
If,
in the sole
judgment
of the
WSLCB, any
item is detennined not to be an
eq ual,
the WSLCB
.
may
talee
any
or all of the
following
actions:
I. the
product may
be returned at Contractor’s
expense;
2. the contract
may
be terminated without
any liability
to the WSLCB
DISALLOWED COSTS
The Contractor is
responsible
for
any
audit
exceptions or disallowed costs incurred
by
its own
organiz ation or that of its Subcontractors.
DISPUTES
Except as otherwise
provided
in this
contract,
when a
dispute
arises between the
parties
and it
camlOt be resolved
by
direct
negotiation,
either
party may req uest a dispute hearing
with
Agent.
I. The
req uest
for a
dispute hearing
must:
.
Be in
writing;
.
State the
dispnted issue( s) ;
.
State the relative
positions
of the
parties;
.
State the Contractor’s
name, address,
and contract number;
and
CONTRACT NO. K430
Page
11 of 30
00005639
.
Be mailed to the
Agent
and the other
p arty ’ s (res p ondent’ s )
Contract Adminis trator within
.
three
(3) working
calendar
day s
after the
p arties agree
that
they
cannot res olve the
dis p u te.
2. The
res p ondent
s hall s end a written ans wer to the
requ es ter’ s
s tatement to both the
agent
and
the
requ es ter
within five
(5) working
calendar
day s .
3. The
Agent
s hall review the written s tatements and
rep ly
in
writing
to both
p arties
within ten
(10) worldng day s .
The
Agent may
extend this
p eriod
if
neces s ary by notify ing
the
p arties .
4. The
p arties agree
that this
dis p u te p r
ces s s hall
p recede any
action in a j u dicial or
qu as i-
j u dicial
tribu nal.
Nothing
in this contract s hall be cons tru ed to limit the
p arties ’
choice of a
mu tu ally accep table
dis p u te
res olu tion method in addition to the
dis p u te
res olu tion
p rocednre
ou tlined above.
ENTIRE AGREEMENT
This Contract docu ment and all
s nbs equ ently
is s u ed amendments
comp ris e
the entire
agreement
between the WSLCB and the Contractor. No other s tatements or
rep res entations ,
written or oral,
s hall be deemed a
p art
of the Contract.
This Contract s ets forth the entire
agreement
between the
p arties
with
res p ect
to the
s u bj ect
matter
hereof and
excep t
as p rovided
in the s ection titled Contractor
Cornmitments ,
Warranties and
Rep res entations , u nders tandings , agreements , rep res entations , or warranties not contained in this
Contract or a written amendment hereto s hall not be
binding on either
p arty . Excep t as p rovided
herein, no alteration of
any
of the
tenns , conditions , delivery , p rice, qu ality , or
s p ecifications
of this
Contract will be effective withou t the written cons ent of both
p arties .
ESTABLISHED BUSINESS
Prior to
commencing p erformance, or p rior
to that time if
requ ired by
the
WSLCB,
law or
regu lation,
Contractor mu s t be an es tablis hed bu s ines s finn with all
requ ired licens es , fees ,
bonding, facilities , equ ip ment
and trained
p ers Olmel neces s ary
to meet all
requ irements
and
p erform
the work as s p ecified
in the Solicitation. Contractor s hall maintain
comp liance
with thes e
requ irements throu ghou t
the entire term of this contract.
The WSLCB the
right
to
requ ire receip t
of
p roof
of
comp liance
with s aid
requ irements
within ten
(10)
calendar
day s
from the date of
requ es t,
and to terminate this Contract as a material breach for
noncomp liance
with
any requ irement
of this
p aragrap h.
IIORCE MAJEURE
The term "force
maj eu re"
means an occu rrence that cau s es a
delay
that is
bey ond
the control ofthe
p arty
affected and cou ld not have been avoided
by exercis ing
reas onable
diligence.
Force
maj eu re
s hall inclu de acts of
God, war, riots , s trikes , fire, floods , ep idemics , or other s imilar occu rrences .
Excep tions : Excep t
for
p ay ment
of s u ms du e,
neither
p arty
s hall be liable to the other or deemed in
breach u nder this Contract
if,
and to the extent
that,
s u ch
p arty ’ s p erfonnance
of this Contract is
p revented by
reas on of force
maj eu re.
Notification: If either
p arty
is
delay ed by
force
maj eu re,
s aid
p arty
s hall
p rovide
written
notification within
fOliy -eight (48)
hou rs . The notification s hall
p rovide
evidence of the force
maj eu re
to the s atis faction of the other
p arty .
Su ch
delay
s hall ceas e as s oon as
p racticable
and
written notification of s ame s hall likewis e be
p rovided.
So far as cons is tent with the
Rights
Res erved
below,
the time of
comp letion
s hall be extended
by
Contract amendment for a p eriod
of
time
equ al
to the time that the res u lts or effects of s u ch
delay p revented
the
delay ed p arty
from
p erforming
in accordance with this Contract.
CONTRACT NO. K430
Page
12 of 30
00005640
Rights
Reserved: The WSLCB reserves the
right
to authorize anamendment to this
Contract,
terminate the
Contract,
and/or
purchase materials, supplies, equipment
and/or services from the
best available source during
the time of force
majeure,
and Contractor shall have no recourse
against
the WSLCB.
.
GIFTS ANDGRATUITIES
Contractor shall
comply
with all state laws
regarding gifts
and
gratuities, including
but not limited
to: RCW
39.26.020,
RCW
42.52.150,
RCW
42.52.160,
and RCW 42.52.170 under which it is
unlawful for
any person
to
directly or indirectly offer, give
or
accept gifts, gratuities, loans, trips,
favors, special discounts, services, or
anything
of economic value in
conjunction
with state
business or contract activities.
Under RCW 39.26.020 and the Ethics inPublic Service
Law, Chapter
42.52 RCW state officers
and
employees
are
prohibited
from
receiving, accepting, tak ing or
seek ing gifts (except as
permitted by
RCW
42.52.150)
if the officer or
employee participates
incontractual matters
relating
to the
purchase
of
goods
or services.
GOVERNING LAW
This contract shall be construed and
interpreted
inaccordance with the laws of the State of
Washington,
and the venue of
any
action
brought
hereunder shall be inthe
Superior
Court for
Thurston
County.
INCORPORATEDDOCUMENTS
.
Each of the docmnents listed below
is, by
this
reference, incorporated
into this Contract as
though
fully
set forth herein.
I. WSLCB RFP K430 with all attachments and
exhibits,
and all amendments thereto
2. Contractor’s
response
to RFPX430 dated 2115/2013
3. The terms and conditions contained onWSLCB’s Order
Documents,
if
used; and
4. All Contractor or manufacturer
publications,
writtenmaterials and
schedules, charts, diagrams;
tables, descriptions,
other written
representations
and
any
other
supporting
materials Contractor
made available to WSLCB and used to affect the sale of the Product to the WSLCB.
INDEMNIFICATION
To the fullest extent
pennitted by law,
Contractor shall
indemnify, defend,
and hold harmless the
WSLCB and all
officials, agents
and
employees
of the
WSLCB,
fi’om and
against
all claims for
injmies
or death
arising
out of or
resulting
from the
performance
of the contract. "Claim," as used
inthis
contract, means
any
financial
loss, claim, suit, action, damage, or
expense, including
but not
limited to
attorney’s fees, attributable for
bodily injury, sick ness, disease, or death, or
injmy
to or
destruction
oftangible property including
loss of use resulting
there from.
Contractor’s
obligations
to
indemnify, defend,
and hold hannless includes
any
claim
by.
Contractor’s
agents, employees, representatives, or
any
Subcontractor or its
employees.
Contractor
expressly agrees
to
indenmify, defend,
and hold harmless the WSLCB for
any
claim
arising
out of or incident to Contractor’s or
any
Subcontractor’s
perfornlance
or failure to
pelform
the contract. Contractor’s
obligation
to
indemnify, defend,
and hold hannless the WSLCB shall
not be eliminated or reduced
by any
actual or
alleged
concurrent
negligence
of WSLCB or its
agents, agencies, employees
and officials.
CONTRACT NO. K430
Page
13 of 30
00005641
Contractor waives its
immunity
under Title 51 RCW to the extent it is
req uired
to
indemnify,
defend and hold harmless WSLCB and its
agencies, officials, agents
or
employees.
IDENTIFICATION
All
invoices, packing lists, packages,
instruction
manuals, correspondence, shipping notices,
shipping containers,
and other written materials associated Witll this Contract shall be identified
by
the Contract number.
Packing
lists shall be enclosed with each
shipment
and
clearly identify
all
contents and
any
backorders.
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 perfonning
under this contract are not
employees or
agents
of the WSLCB. The Contractor will not hold himselflherself out as or claim to be an officer
or employee
of the WSLCB or of the State of
Washington by reason hereof, nor will tile Contractor
make
any
claim of
right, privilege
or benefit that would accrue to such
employee
under law.
Conduct and control of the work will be
solely
witil the Contractor.
INDUSTRIAL INSURANCE COVERAGE
The Contractor shall
comply
with the
provisions
of Title 51
RCW,
Industrial hlsurance. If tile
Contractor fails to
provide
industrial insurance
coverage
or fails to
pay premiums or
penalties on
behalf of its
employees, as
may
be
req uired by law,
WSLCB
may
collect from the Contractor tile
full amount
payable
to the Industrial Insurance accident fund. The WSLCB
may
deduct the
amount owed
by
the Contractor to the accident fund from the amount
payable
to the Contractor
by
tile WSLCB under this
contract,
and transmit the deducted amount to the
Department
of Labor and
mdustries, (L&I)
Division of msurance Services. This
provision
does not waive
any
of L&l’s
rights
to collect from tile Contractor.
INSPECTION AND REJECTION
The WSLCB’s
inspection
of all
materials, supplies
and
eq uipment upon delivery
is for the
purpose
of
forming
a
judgment
as to whether such delivered items are what was ordered, were
properly
delivered and
ready
for
Acceptance.
Such
inspection
shall not be construed as final
acceptance,
or
as
acceptance
of tile
materials, supplies or
eq uipment,
if the
materials, supplies
or
eq uipment
does
not confonn to contractual
req uirements.
If there are
any apparent
defects in the
materials,
supplies, or eq uipment
at tile time of
delivery,
the WSLCB will
promptly notify
tlle Contractor.
Without
limiting any
other
rights,
the WSLCB
may req uire
the Contractor to:
(1) repair or
replace,
at Contractor’s
expense, any
or all of the
damaged goods; (2)
refuud tile
price
of
any
or all of tile
damaged goods; or
(3) accept
the return of
any
or all of the
damaged goods.
INSURANCE
The Contractor shall
provide
insurance
coverage
as set out in this section. The intent of the
req uired
insurance is to
protect
the WSLCB 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.
Contractor
shall,
at their own
expense,
obtain and
keep
in force insurance as follows until
completion
of the Contract. Witilin fifteen
(15)
calendar
days
of
receipt
of notice of
award,
tile
Contractor shall furnish evidence in the form of a certificate of insnrance
satisfactory
to the
WSLCB that
insurance,
in the
following
kinds and minimum
amounts,
has been secured. Failure
to
provide proof
of
insurance, as req uired, may
result in Contract cancellation.
CONTRACT NO. K430
Page
14 of 30
00005642
Contractor shall include all Subcontractors as insureds under all
req uired
insurance
p olicies, or
shall
fumishsep arate
Certificates of Insurance and endorsements for each Subcontractor.
Subcontractor( s)
must
comp ly fully
with all insurance
req uirements
stated herein. Failure of
Subcontractor( s)
to
comp ly
with insurance
req uirements
does not limit Contractor’s
liability or
resp onsibility.
All insurance
p rovided
in
comp liance
with this Contract shall be
p rimary as to
any
other insurance
or self-insurance
p rograms
afforded to or maintained
by
the state.
Sp ecific Req uirements:
Emp loyers L iability ( Stop
GaP) : The Contractor will at all times
comp ly
with all
ap p licable
workers’
comp ensation, occup ational disease,
and
occup ational
health and
safety laws, statutes,
and
regulations
to the full extent
ap p licable
and will maintain
Emp loyers L iability
insurance with a
limit of no less than
$1, 000, 000.00.
The WSL CB will not be held
resp onsible
in
any way
for
claims filed
by
the Contractor or their
emp loyees
for services
p erformed
under the terms of this
Contract.
COlmnercial General
L iability
Insurance: The Contractor shall at all times
during
the tenn of this
Contract, carry
and maintain commercial
general liability
insurance and if
necessary,
commercial
umbrella insurance for
bodily inj ury
and
p rop erty damage arising
out of services
p rovided
under
this Contract. This insurance shall cover such claims as
may
be caused
by any act, omission, or
negligence
of the Contractor or its
officers, agents, rep resentatives, assigns,
or servants.
The insurance shall also cover bodily inj ury, including disease,
illness and
death,
and
p rop erty
damage arising
out of the Contractor’s
p remises/ op erations, indep endent Contractors,
p roducts/ comp leted op erations, p ersonal inj ury
and
advertising inj ury,
and contractual
liability
( including
the tort
liability
of another assumed in a business
Contract) ,
and contain
sep aration
of
insured’s
( cross liability)
conditions.
Contractor waives all
rights against
the WSL CB for the
recovery
of
damages
to the extent
they
are
covered
by general liability
or umbrella insurance.
The limits of
liability
insurance shall not be less than as follows:
General
Aggregate
L imits
( other
than
p roducts-comp leted $2, 000, 000
op erations)
Products-Comp leted Op erations Aggregate $2, 000, 000
Personal and
Advertising Inj ury Aggregate $1, 000, 000
Each OcclUTence
( ap p lies
to all of the
above) $1, 000, 000
Fire
Damage
L imit
( p er occurrence) $ 50, 000
Medical
Exp ense
L imit
( anyone p erson) $ 5, 000
Business Auto
Policy
CBAP) : In the event that services delivered
p ursuant
to this Contract involve
the use of
vehicles, or the
transp ortation
of
clients,
automobile
liability
insurance shall be
req uired.
The
coverage p rovided
shall
p rotect against
claims for
bodily inj ury, including illness, disease,
and
death;
and
p rop erty damage
caused
by
an occurrence arising
out of or in
conseq uence
of the
p erformance
of this service
by
the
Contractor, Subcontractor, or
anyone emp loyed by
either.
Contractor shall maintain business auto
liability and,
if
necessary,
commercial mnbrella
liability
insurance with a combined
single
limit not less than
$1, 000, 000
p er
occurrence. The business auto
liability
shall include Hired and Non-Owned
coverage.
Contractor waives all
rights against
the WSL CB for the
recovery
of
damages
to the extent
they
are
covered
by
business auto
liability
or commercial umbrella
liability
insurance.
Additional Insurance Provisions: All above insurance
p olicies
shall
include,
but not be limited
to,
the
following p rovisions:
CONTRACT NO. K430
Page
15 of 30
00005643
Additional Insured: The WSLCB shall be named as an additional insured on all
general liability ,
mnbrella, excess,
and
property
insurance
policies.
All
policies
shall be
primary over
any
other
valid and collectable insurance.
Notice
ofPolicy (ies)
Cancellation/Non-renewal: For insurers
subject
to
Chapter
48. 18 RCW
(Admitted
and
regulated by
the
Washington
State Insurance
Commissioner) a written notice shall
be
given
to the Contract Administrator
forty -five (45)
calendar
day s prior
to cancellation or
any
material
change
to the
policy (ies) as it relates to this Contract. Written notice shall include the
affected Contract reference number.
Surplus Lines:
.
For insurers
subject
to
Qhapter 48. 12 RC-R(Surplus Lines) a written notice shall be
given
to the Contract Administrator
twenty (20)
calendar
day s prior
to cancellation or
any
material
change
to the
policy (ies) as it relates to this Contract. Written notice shall include the affected
Contract reference number.
Cancellation for
Non-pay ment
to Premium: If cancellation on
any policy
is due to
non-pay ment
of
premium, a written notice shall be
given
the Contract Administrator ten
(10)
calendar
day s prior
to
cancellation. Written notice shall include the affected Contract reference number.
Identification:
Policy (ies)
and Certificates ofInsurance shall include the affected Contract
reference number.
Insurance Carrier
Rating:
The insurance
required
above shall be issued
by
an insurance
company
authorized to do business within the State of
Washington.
Insurance is to be
placed
with a carrier
that has a
rating
of A- Class VII or better in the most
recently published
edition ofBes!’s
Reports.
Any exception
must be reviewed and
approved by
the Risk
Manager
for the State of
Washington,
by submitting a
copy
of the Contract and evidence of insurance before Contract commencement. If
an insurer is not
admitted,
all insurance
policies
and
procedures
for
issuing
the insurance
policies
must
comply
with
Chapter
48. 15 RCW and
Chapter
284-15 WAC.
Excess
Coverage:
The limits of all insurance
required
to be
provided by
the Contractor shall be no
less tllan the minimum amounts
specified. However, coverage
in the amounts of these minimum
limits shall not be construed to relieve the Contractor from
liability
in excess of such limits.
Limit
Adjnstments:
The WSLCB reserves the
right
to increase or decrease limits
as appropriate.
LEGAL NOTICES
Any
notice or demand or other communication
required
or
pennitted
to be
given
under this
Contract or
applicable
law
(except
notice of
malfunctioning Equipment)
shall be effective
only
if it
is in
writing
and
signed by
the
applicable party , properly addressed,
and either delivered in
person,
or
by
a
recognized
courier
service, or
deposited
with the United States Postal Service as first-class
mail, postage prepaid [ certified mail,
return
receipt requested,
via facsimile or
by
electronic
mail],
to the Contract Administrator
[ and
fax
mmlbers,
e-mail
addresses] provided
in this Contract. For
purposes
of
comply ing
with
any provision
in this Contract or
applicable
law that
requires a
" writing, "
such
comlllunication,
when
digitally signed
with a
Washington
State Licensed
Certificate,
shall be considered to be " in
writing"
or " written" to an extent no less than if it were in
paper
form.
Notices shall be effective
upon receipt
or four
(4)
Business
Day s
after
mailing,
whichever is earlier.
The notice address as
provided
herein
may
be
changed by
written notice
given as provided
above.
In the event that a subpoena or other
legal process
commenced
by a third
party
in
any way
concerning
the
Equipment
or Services
provided pursuant
to this Contract is served
upon
Contractor
or
WSLCB,
such
party agrees
to
notify
the other
party
in the most
expeditious
fashion
possible
following receipt
of such
subpoena
or other
legal process.
Contractor and WSLCB further
agree
to
CONTRACT NO. K430
Page
16 of 30
00005644
cooperate
with the other
party
in
any
lawful effort
by
the other
party
to contest the
leg al v alid ity
of
such
subpoena or. other
leg al process
cOlmnenced
by
a third
party.
LICENSING,
ACCREDITATION AND REGISTRATION
The Contractor shall
comply
with all
applicable local, state,
and fed eral
licensing ,
accred itation and
reg istration requirements/stand ard s, necessary
for the
performance
of this contract.
LIENS,
CLAIMS AND ENCUMBRANCES
All
materials, equipment, snpplies
and /or serv ices shall be free of all
liens, claims, or
encumbrances of
any kind ,
and if the WSLCB
requests,
a formal release of same shall be d eliv ered .
LIMITATION OF AUTHORITY
Only
the
Ag ent
or
Ag ent’s d eleg ate by writing (d eleg ation
to be mad e
prior
to
action)
shall hav e
the
express, implied ,
or
apparent authority
to
alter, amend , mod ify,
or waiv e
any
clause or
cond ition of this contract.
Furthermore, any alteration, amend ment, lhod ification; or waiv er or
any
clause or cond ition of this contract is not effectiv e or bind ing
unless mad e in
writing
and
sig ned by
both
patiies.
LIMITATION OF LIABILITY
The
parties ag ree
that neither Contractor or the WSLCB shall be liable to each
other, reg ard less
of
the form of
action,
for.
consequential, incid ental, ind irect, or
special d runag es except
a claim related
to
bod ily inj ury
or d eath, or a claim or d emand based on
patent, copyrig ht, or other intellectual
property rig ht infring ement,
in which case liability
shall be as set forth elsewhere in this Contract.
This section d oes not
mod ify any
sections
reg ard ing liquid ated d atnag es or
any
other cond itions as
are elsewhere
ag reed
to herein between the
parties.
The
d atuag es specified
in the sections titled
Tennination for Default and Retention of Record s are not
consequential, incid ental, ind irect, or
special d amag es as that tenn is used in this section.
Neither the Contractor nor the WSLCB shall be liable for
d amag es arising
from causes
beyond
the
reasonable control and without tlle fault or neg lig ence
of the Contractor or the WSLCB. Such
causes
may includ e,
but are not restricted
to,
acts of God or of the
public enemy,
acts of a
g ov ermnental bod y
otller than the WSLCB
acting
in either its
sov ereig n or contraclual
capacity,
war, explosions, fires, flood s, earthquakes, epid emics, quarantine restrictions, strikes, freig ht
embarg oes,
and
unusually
sev ere weather;
but in
ev ery
case the
d elays
must be
beyond
the
reasonable control and without fault or
neg lig ence
of the
Contractor,
the
WSLCB, or their
respectiv e
Subcontractors.
If
d elays
are caused
by
a Subcontractor without its fault or
neg lig ence,
Contractor shall not be
liable for
d amag es
for such
d elays,
tmless the Serv ices to be
performed
were obtainable on
comparable
terms from other sources in sufficieut time to
permit
Contractor to meet its
required
perfOTIllanCe
sched ule.
Neither
party
shall be liable for
personal inj w’y
to the other
party
or
d amag e
to the other
party’s
property except personal inj ury
or
d amag e
to
property proximately
caused
by
such
party’s
respectiv e
fault or
neg lig ence.
LIQillDATED
DAMAGES
Any d elay by
Contractor in
meeting
the
Deliv eJY Date,
Installation
Date,
maintenance or
repair
d ate, or other
applicable
d ate set forth und er this Contract will inteJfere with the
proper
implementation
ofWSLCB’s
prog rruns
and will result in loss and
d amag e
to WSLCB.
CONTRACT NO. K430
Pag e
17 of 30
00005645
As it would be
im p r a c tic a ble
to fix the a c tua l
da m a ge
susta ined in the event of
a ny
suc h
fa ilur e( s)
to
p er for m ,
WSLCB a nd Contr a c tor
a gr ee
tha t in the event of
a ny
suc h
fa ilur e( s)
to
p er for m ,
the
a m ount of
da m a ge
whic h will be susta ined will be the a m ount set for th in the
following
subsec tions
a nd the
p a r ties a gr ee
tha t Contr a c tor sha ll
p a y
suc h a m ounts a s liq uida ted da m a ges
a nd not a s a
p ena lty.
Liq uida ted da m a ges p r ovided
under the ter m s of this Contr a c t a r e
subjec t
to the sa m e lim ita tions a s
p r ovided
in the sec tion titled Lim ita tion of
Lia bility.
lfContr a c tor ’s m a intena nc e
p er sonnel
fa il to a r r ive a t WSLCB’s site within
[ insett a gr eed up on
tim e
p er iod]
a fter notific a tion
by
WSLCB tha t m a intena nc e is
r eq uir ed,
Contr a c tor sha ll
p a y
to
WSLCB a s fixed a nd
a gr eed liq uida ted da m a ges,
in lieu of a ll other
da m a ges
due to suc h non-
r esp onsiveness,
for ea c h hour between the
a gr eed [ inser t a gr eed up on
tim e
p er iod] r esp onse
tim e
a nd the a c tua l
r esp onse
tim e a n a m ount of
[ _O~
dolla r s
[ ( $_O-.J] p er
hour for ea c h "la te"
.
hour or
p a r t
ther eof
( p r or a ted) beginning
Witll the tim e of notific a tion
by
WSLCB a nd
ending
with
the tim e tha t Contr a c tor ’s m a intena nc e
p er soffilel
a r r ive a t the WSLCB Distr ibution Center .
MATERIALS AND WORKMANSHIP
The Contr a c tor sha ll be
r eq uir ed
to fur nish a ll
m a ter ia ls, sup p lies, eq uip m ent
a nd/or ser vic es
nec essa r y
to
p er foffil
Contr a c tua l
r eq uir em ents. Ma ter ia ls, sup p lies
a nd
wor km a nship
used in the
c onstr uc tion of
eq uip m ent
for this Contr a c t sha ll c onfor m to a ll
a p p lic a ble feder a l, sta te,
a nd loc a l
c odes, r egula tions
a nd
r eq uir em ents
for suc h
eq uip m ent, sp ec ific a tions
c onta ined
her ein,
a ndthe
nor m a l uses for whic h intended.
Ma ter ia ls, sup p lies
a nd
eq uip m ent
sha ll be m a nufa c tur ed in
a c c or da nc e with the best c om m er c ia l
p r a c tic es
a nd sta nda r ds for this
typ e
of
m a ter ia ls, sup p lies,
a nd
eq uip m ent.
MATERIAL BREACH
A Contr a c tor
m a y
be Ter m ina ted for Ca use
by
the
WSLCB, a t the sole disc r etion of the Contr a c t
Adm inistr a tor ,
for
fa iling
to
p er fonn
a c ontr a c tua l
r eq uir em ent or for a m a ter ia l br ea c h of
a ny
tet’m
or c ondition. Ma ter ia l br ea c h of a ter m or c ondition of the Contr a c t
m a y
inc lude bnt is not lim ited
to:
I. Contr a c tor fa ilur e to
p er for m
ser vic es or deliver
m a ter ia ls, sup p lies, or
eq uip m ent by
the da te
r eq uir ed or by a n a lter na te da te a s
m utua lly a gr eed
in a wr itten a m endm ent to the
Contr a c t;
2. Contr a c tor fa ilur e to
c a r r y
out
a ny wa r r a nty
or fa ils to
p er for m or
c om p ly
with
a ny m a nda tor y
p r ovision
of the
c ontr a c t;
3. Contr a c tor bec om es insolvent or in a n unsound fina nc ia l c ondition so a s to
enda nger
p er for m a nc e her eunder ;
4. Contr a c tor bec om es the
subjec t
of
a ny p r oc eeding
under
a ny
la w
r ela ting
to
ba nkm p tc y,
insolvenc y or r eor ga niza tion, or r elief f’om c r editor s a nd/or debtor s fua t
enda nger s
the
Contr a c tor ’s
p r op er p er for m a nc e her eunder ;
5.
Ap p ointm ent
of
a ny r ec eiver , tr ustee, or sim ila r offic ia l for Contr a c tor or
a ny
of the
Contr a c tor ’s
p r op er ty
a nd suc h
a p p ointm ent enda nger s
tlle Contr a c tor ’s
p r op er p er fonna nc e
her eunder ;
6. A deter m ina tion tha t the Contr a c tor is in viola tion of
feder a l, sta te,
or loc a l la ws or
r egula tions
a nd tha t suc h detem lina tion r ender s the Contr a c tor tm a ble to
p er for m a ny a sp ec t
of the
Contr a c t.
CONTRACT NO. K430
Pa ge
18 of 30
00005646
NO ADDITIONAL CHARGES
Unless otherwise
sp ec if ied
in the Solic itation no ad d itional
c harges by
the Contrac tor will be
allowed
inc lud ing,
but not limited to:
hand ling c harges
suc h as
p ac king, wrap p ing, bags,
c ontainers, reels; or the
p roc essing
f ees assoc iated with the use of c red it c ard s.
Notwithstand ing
the
f oregoing,
in the event that market
c ond itions, laws, regulations or other unf oreseen f ac tors
d ic tate,
at the Contrac t Ad ministrators sole
d isc retion,
ad d itional
c harges may
be allowed .
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
In the event of the Contrac tor’s
non-c omp lianc e
or ref usal to
c omp ly
with
any
nond isc rimination
law, regulation,
or
p olic y,
this c ontrac t
may
be
resc ind ed ,
c anc eled or terminated in whole or in
p art,
and the Contrac tor
may
be d ec lared
ineligible
f or f urther c ontrac ts with the WSLCB. The
Contrac tor
shall, however,
be
given a reasonable time in whic h to c ure this
nonc omp lianc e. Any
d isp ute may
be resolved in ac c ord anc e with the
"Disp utes" p roc ed ure
set f orth herein.
NONDISCRIMINATION
During
the
p etf onnanc e
of this
c ontrac t,
the Contrac tor shall
c omp ly
with
all
f ed eral and state
nond isc rimination
laws, regulations
aud
p olic ies.
NON-EXCLUSIVE REMEDIES
The remed ies
p rovid ed
f or in this Contrac t shall not be exc lusive but are in ad d ition to all other
remed ies available und er law.
OPPORTUNITY TO CURE
In the event that Contrac tor f ails to
p erf onn a
c ontrac tual
requirement
or
materially
breac hes
any
term or c ond ition,
the WSLCB
may
issue a written c ure notic e. The Contrac tor
may
have a p eriod
of time in whic h to c ure. The WSLCB is not
required
to allow the Contrac tor to c ure d ef ec ts if the
op p ortunity
f or c ure is not f easible as d etermined
solely
within the d isc retion of the WSLCB. Time
allowed f or c ure shall not d iminish or eliminate Contrac tor’s
liability
f or
liquid ated or other
d amages,
or otherwise af f ec ts
any
other remed ies available
against
Contrac tor lmd er the Contrac t
or
by
law.
If the breac h remains af ter Contrac tor has been
p rovid ed
the
op p ortunity
to
c ure,
the WSLCB
may
d o
anyone
or more of the
f ollowing:
1. Exerc ise
any retned y p rovid ed by law;
2. Tenninate this Contrac t and
any
related Contrac ts or
p ortions thereof ;
3. Proc ure
rep lac ements
and
imp ose d amages as set f orth elsewhere in this
Contrac t;
4.
Imp ose
ac tual or
liquid ated d amages;
5.
Susp end or bar Contrac tor f rom
rec eiving
f uture Solic itations or other
op p ortunities;
6.
Require
Contrac tor to reimburse the state f or
any
loss or ad d itional
exp ense
inc urred as a resnlt
of d ef ault or f ailure to
satisf ac torily p erf onn
the tenns of the Contrac t.
.
OSHA AND WISHA
REQillREMENTS
Contrac tor
agrees
to
c omp ly
with c ond itions of the Fed eral
Oc c up ational Saf ety
and Health
Ad ministration
(OSHA) and ,
if manuf c tured or stored in the State of
Washington,
the
Washington
Ind ustrial
Saf ety
and Health Ac t
(WISI-lA)
and the stand ard s and
regulations
issued there
und er,
and
c ertif ies that all items f umished and
p urc hased
will c onf onn to and
c omp ly
with said
laws,
stand ard s
and
regulations.
Contrac tor f urther
agrees
to ind etIll1
f y
and hold hannless WSLCB f rom all
d amages
CONTRACT NO. K430
Page
19 of 30
00005647
assessed
ag ai n st
WSLCB as a result of Con t ract or’s fai lure t o
comply
wi t h t hose
laws,
st an dards an d
reg ulat i on s,
an d for t he fai lure of t he i t ems furn i shed un der t he Con t ract t o so
comply.
OVERPAYMENTS TO CONTRACTOR
Con t ract or shall refun d t o WSLCB t he full amoun t of
an y
erron eous
paymen t
or
overpaymen t
un der
t hi s Con t ract wi t hi n
t hi rt y (30) days’
wri t t en n ot i ce. If Con t ract or fai ls t o make
t i mely refun d,
WSLCB
may charg e
Con t ract or on e
percen t (1 %) per
mon t h on t he amoun t dn e,
un t i l
pai d
i n full.
OWNERSHIP/RIGHTS IN DATA
The WSLCB an d Con t ract or
ag ree
t hat .all dat a an d work
product s (collect i vely
called "Work
Product ") produced pursuan t
t o t hi s Con t ract shall be con si dered work made for hi re un der t he U.s.
Copyri g ht Act ,
17 U.S.c.
9101
et
seq,
an d shall be own ed
by
t he WSLCB. Con t ract or i s
hereby
commi ssi on ed t o creat e t he Work Product . Work Product
i n cludes,
but i s n ot li mi t ed
t o, di scoveri es,
fon n ulae, i deas, i mprovemen t s, i n ven t i on s, met hods, models, processes, t echn i ques, fi n di n g s,
con clusi on s, recommen dat i on s, report s, desi g n s, plan s, di ag rams, drawi n g s, Soft ware, dat abases,
documen t s, pamphlet s, advert i semen t s, books, mag azi n es, surveys, st udi es, comput er prog rams,
.
fi lms, t apes,
an d/or soun d
reproduct i on s,
t o t he ext en t
provi ded by
law.
Own ershi p
i n cludes t he
ri g ht
t o
copyri g ht , pat en t , reg i st er
an d t he
abi li t y
t o t ran sfer t hese
ri g ht s
an d all i n fon n at i on used t o
formulat e such Work Product .
If for
an y
reason t he Work Product would n ot be con si dered a work made for hi re un der
appli cable
law,
Con t ract or
assi g n s
an d t ran sfers t o t he WSLCB t he en t i re
ri g ht ,
t i t le an d i n t erest i n an d t o all
ri g ht s
i n t he Work Product an d
an y reg i st rat i on s
an d
copyri g ht appli cat i on s relat i n g
t heret o an d
an y
ren ewals an d ext en si on s t hereof!
Con t ract or shall execut e all documen t s an d
perform
such ot her
proper
act s as t he WSLCB
may
deem
n ecessary
t o secure for WSLCB t he
ri g ht s pursuan t
t o t hi s sect i on .
Con t ract or shall n ot use or i n
an y
man n er di ssemi n at e
an y
Work Product t o
an y
t hi rd
part y,
or
represen t
i n
an y way
Con t ract or
own ershi p
i n
an y
Work
Product ,
wi t hout t he
pri or
wri t t en
pen n i ssi on
of t he WSLCB. Con t ract or shall t ake all reason able
st eps n ecessary
t o en sure t hat i t s
ag en t s, employees, or Subcon t ract ors shall n ot
copy
or di sclose,
t ran smi t or
perfon n an y
Work
Product or
an y port i on t hereof,
i n
an y form,
t o
an y
t hi rd
part y.
Mat eri al t hat i s deli vered un der t hi s
Con t ract , but t hat does n ot
ori g i n at e
t herefrom
("Preexi st i n g
Mat edal"),
shall be t ran sferred t o t he WSLCB wi t h a n on exclusi ve, royalt y- free,
i rrevocable li cen se
t o
publi sh, t ran slat e, reproduce, deli ver, perform, di splay,
an d
di spose
of such
Preexi st i n g Mat eri al,
an d t o aut hori ze ot hers t o do so
except
t hat such li cen se shall be li mi t ed t o t he ext en t t o whi ch
Con t ract or has a ri g ht
t o
g ran t
such a li cen se. Con t ract or shall exert all reason able effort t o advi se t he
WSLCB at t he t i me of
deli very
of
Preexi st i n g
Mat edal furn i shed un der t hi s
Con t ract ,
of all kn own or
pot en t i al i n fri n g emen t s
of
publi ci t y, pri vacy or of i n t ellect ual
propert y
con t ai n ed t herei n an d of
an y
port i on
of such documen t whi ch was n ot
produced
i n t he
performan ce
of t hi s Con t ract . Con t ract or
ag rees
t o obt ai n , at i t s own
expen se, express
wri t t en con sen t of t he
copyri g ht
holder for t he i n clusi on
of
Preexi st i n g
Mat eri al. t he WSLCB shall recei ve
prompt
wri t t en n ot i ce of each n ot i ce or clai m of
copyri g ht i n fri n g emen t or i n fri n g emen t
of ot her i n t ellect ual
propert y ri g ht
worldwi de recei ved
by
Con t ract or I’ wi t h
respect
t o
an y Preexi st i n g
Mat eri al deli vered un der t hi s Con t ract . The WSLCB
shall have t he
ri g ht
t o
modi fy
or remove
an y
rest ri ct i ve
marldn g s placed upon
t he
Preexi st i n g
Mat eri al
by
Con t ract or.
CONTRACT NO. K430
Pag e
20 of 30
00005648
PERSONAL LIABILITY
It is
agreed by
and between the
p arties
hereto that in no event shall
any of f ic ial, of f ic er, emp loyee
or
agent
of the WSLCB when
exec uting
their of f ic ial duties in
good f aith,
be in
any way p ersonally
liable or
resp onsible
f or
any agreement
herein c ontained whether
exp ressed
or
imp lied,
nor f or
any
statement or
rep resentation
made herein or in
any
c onnec tion with this
agreement.
PRICE INCREASES
Contrac tor
requests
f or
adjustments
in
p ric ing
will be c onsidered at sole disc retion of the WSLCB
only
af ter
exp iration
of the f irm and f ixed
p ric e p eriod,
and then on a
p ass through
basis
only
that
does not
p roduc e a higher p rof it margin
f or Contrac tor than that established
by
the
original
c ontrac t
p ric ing.
Contrac tors
may
not make extensions
c ontingent on
p ric e adjustments.
Pric e Inc reases will not be c onsidered without
sup p orting
doc umentation suf f ic ient to
justif y
the
requested
inc rease. Doc umentation must be based on
p ublished
indic es and/or the result of inc reases
at the manuf ac turer’s
level,
inc urred af ter c ontrac t COlmnenc ement date. The
grant
of
any p ric e
.
adjustment
will be at the sole disc retion of the WSLCB
and,
if
granted,
shall not
p roduc e
a
higher
p rof it margin
f or the Contrac tor than that established
by
the
original
c ontrac t
p ric ing. Any
adjnstments
in
p ric ing
shall be set f orth in a written amendment to the c ontrac t. Pric e
adjustments
granted by
the WSLCB shall remain
unc hanged
f or at least 365 c alendar
days thereaf ter,
and no
request
f or
adjustments
in
p ric e
will be c onsidered
during
that time
p eriod.
PRICE PROTECTION
Contrac tor warrants that
p ric es
of
materials, sup p lies, servic es,
and/or
equip ment
set f orth herein do
not exc eed those
c harged by
the Contrac tor to
any
other c ustomer
p urc hasing
the same under similar
c onditions and in like or similar
quantities.
PRIVACY
Personal inf ormation
inc luding,
but not limited
to,
"Protec ted Health
Inf ormation, " c ollec ted, used, or
ac quired
in c onnec tion with this c ontrac t shall be
p rotec ted against
lmauthorized
use, disc losure,
modif ic ation or loss. Contrac tor shall ensme its
direc tors, of f ic ers, emp loyees,
Subc ontrac tors or
agents
use
p ersonal
inf ormation
solely
f or the
p urp oses
of
ac c omp lishing
the servic es set f orth herein.
Contrac tor and its Subc ontrac tors
agree
not to release, divulge, p ublish, transf er,
sell or otherwise
make known to unauthorized
p ersons p ersonal
inf ormation without the
exp ress
written c onsent of the
WSLCB or as otherwise
required by
law.
Any
breac h of this
p rovision may
result in termination of the c ontrac t and the demand f or return of
all
p ersonal
inf ormation. The Contrac tor
agrees
to
indemnif y
and hold hannless the WSLCB f or
any
damages
related to the Contrac tor’s nnauthorized use of
p ersonal
inf ormation.
PROBLEM RESOLUTION AND DISPUTES
Problems
arising
out of the
p erf ormanc e
of this Contrac t shall be resolved in a timely
maimer at the
lowest
p ossible
level with
authority
to resolve suc h
p roblem.
If a
p roblem p ersists
and c almot be
resolved,
it
may
be esc alated within eac h
organization.
In the event a bona f ide
disp ute c onc erning a
question
of f ac t arises between the WSLCB and
Contrac tor and it c annot be resolved between the
p arties through
the nonnal esc alation
p roc esses,
either
p arty may
initiate the
disp ute
resolution
p roc edme p rovided
herein.
The
initiating p arty
shall reduc e its
desc rip tion
of the
disp ute
to
writing
and deliver it to the
resp onding p arty.
The
resp onding Pal’ly
shall
resp ond
in
writing
within three
(3)
Bnsiness
Days.
The
CONTRACT NO. K430
Page
21 of 30
00005649
i n i t i a t i n g pa rt y
sha l1 ha ve t hree
(3)
Busi n ess
Da ys
t o revi ew t he
respon se.
If a ft er t hi s revi ew a
resolut i on ca n n ot be
rea ched,
bot h
pa rt i es
sha l1 ha ve t hree
(3)
Busi n ess
Da ys
t o
n eg ot i a t e
i n
g ood
fa i t h t o resolve t he
di sput e.
.
If t he
di sput e
ca n n ot be resolved a ft er t hree
(3)
Busi n ess
Da ys,
a
Di sput e
Resoln t i on Pa n el
ma y
be
request ed
i n
wri t i n g by
ei t her
pa rt y
who sha l1 a lso
i den t i fy
t he fi rst
pa n el
member. Wi t hi n t hree
(3)
Busi n ess
Da ys
of
recei pt
of t he
request ,
t he ot her
pa rt y
wi l1
desi g n a t e a pa n el
member. Those t wo
pa n el
members wi ll
a ppoi n t a t hi rd i n di vi dua l t o t he
Di sput e
Resolut i on Pa n el wi t hi n t he n ext t hree
(3)
Busi n ess
Da ys.
The
Di sput e
Resolut i on Pa n el wi l1 revi ew t he wri t t en
descri pt i on s
of t he
di sput e, g a t her
a ddi t i on a l
i n forma t i on a s n eeded,
a n d ren der a deci si on on t he
di sput e
i n t he short est
pra ct i ca l
t i me.
Ea ch
pa rt y
sha ll bea r t he cost for i t s
pa n el
member a n d sha re
equa l1y
t he cost of t he t hi rd
pa n el
member.
Bot h
pa rt i es a g ree
t o be boun d
by
t he det ermi n a t i on of t he
Di sput e
Resolut i on Pa n el.
Bot h
pa rt i es a g ree
t o exerci se
g ood
fa i t h i n
di sput e
resolut i on a n d t o set t le
di sput es pri or
t o
usi n g a
Di sput e
Resolut i on Pa n el when ever
possi ble.
The WSLCB a n d Con t ra ct or
a g ree t ha t ,
t i le exi st en ce of a
di sput e n ot wi t hst a n di n g , t hey
wi l1 con t i n ue
wi t hout
dela y
t o
ca rry
out a l1 t hei r
respect i ve respon si bi li t i es
un der t hi s Con t ra ct t ha t a re n ot a ffect ed
by
t i le
di sput e.
If t i le
subj ect
of t he
di sput e
i s t he a moun t due a n d
pa ya ble by
WSLCB for
ma t eri a ls, suppli es,
servi ces a n d/or
equi pmen t bei n g provi ded by Con t ra ct or,
Con t ra ct or sha l1 con t i n ue
provi di n g
ma t eri a ls, suppli es,
servi ces a n d/or
equi pmen t pen di n g
resolut i on of t he
di sput e provi ded
fue
WSLCB
pa ys
Con t ra ct or t he a moun t WSLCB,
i n
g ood fa i t h,
beli eves i s due a n d
pa ya ble,
a n d
pla ces
i n escrow t he di fferen ce bet ween such a moun t a n d t he a moun t
Con t ra ct or,
i n
g ood fa i t h,
beli eves i s
due a n d
pa ya ble.
PUBLICITY
The Con t ra ct or
a g rees
t o submi t t o t he WSLCB a l1
a dvert i si n g
a n d
publi ci t y
ma t t ers
rela t i n g
t o t hi s
con t ra ct wherei n t he WSLCB’Sn a me i s men t i on ed or
la n g ua g e
used from whi ch t he con n ect i on of
t he WSLCB’Sn a llle
ma y,
In t he WSLCB’S
j udg men t ,
be i n ferred or
i mpli ed.
The Con t ra ct or
a g rees
n ot t o
publi sh or use such
a dvert i si n g
a n d
publi ci t y
ma t t ers wi t hout t he
pri or
wri t t en con sen t of t he
WSLCB.
RECORDSMAINTENANCE
The Con t ra ct or sha l1 ma i n t a i n
books, records, documen t s,
da t a a n d ot her evi den ce
rela t i n g
t o t hi s
con t ra ct a n d
perfolllla n ce
of t he servi ces descri bed
herei n , i n cludi n g
but n ot li mi t ed t o
a ccoun t i n g
procedures
a n d
pra ct i ces
t ha t
suffi ci en t ly
a n d
properly
reflect a ll di rect a n d i n di rect cost s of
a n y
n a t ure
expen ded
i n t he
performa n ce
of t hi s con t ra ct .
Con t ra ct or sha l1 ret a i n such records for a peri od
of si x
(6) yea rs fol1owi n g
t he da t e of fi n a l
pa ymen t .
At n o a ddi t i on a l
cost ,
t hese
records, i n cludi n g
ma t eri a ls
g en era t ed
un der t lle
con t ra ct ,
sha l1 be
subj ect
a t a l1 rea son a ble t i mes t o
i n spect i on ,
revi ew or a udi t
by
t lle
WSLCB, person n el duly
a ut hori zed
by
t he
WSLCB,
t he Offi ce of t he St a t e
Audi t or,
a n d federa l a n d st a t e offi ci a ls so a ut hori zed
by la w,
reg ula t i on or
a g reemen t .
If
a n y li t i g a t i on ,
cla i m or a udi t i s st m.t ed before t he
expi ra t i on
of t he si x
(6) yem’peri od,
t he records
sha ll be ret a i n ed un t i l a ll
li t i g a t i on , cla i ms, or a udi t
fi n di n g s i n volvi n g
t he records ha ve been
resolved.
CONTRACT NO. K430
Pa g e
22of 30
00005650
REGISTRATION WITH DEPARTMENT OF REVENUE
The Contractor shall
complete reg i strati on
wi th the
Washi ng ton
State
Department
of Revenne and be
responsi ble
for
payment
of all taxes dne on
payments
made under thi s contract.
RETENTION OF RECORDS
The Contractor shall mai ntai n all
books, records, documents,
data and other evi dence
relati ng
to thi s
Contract and the
provi si on
of
materi als, suppli es,
servi ces and/or
equi pment
descri bed
herei n,
i ncludi ng ,
but not li mi ted
to, accounti ng procedures
and
practi ces
whi ch
suffi ci ently
and
properly
reflect all di rect and i ndi rect costs of
any
nature
expended
i n the
performance
of thi s Contract.
Contractor shall retai n such records for a
peri od
of si x
(6) years followi ng
the date of fi nal
payment.
At no addi ti onal
cost,
these
records, i ncludi ng
materi als
g enerated
under the
Contract,
shall be
subject
at all reasonable ti mes to
i nspecti on, ’revi ew, or audi t
by
the
WSLCB, personnel duly
authori zed
by
the
WSLCB,
the
Washi ng ton
State Audi tor’s
Offi ce,
and federal and state offi ci als so
authori zed
hy law, reg ulati on
or
g reement.
If
any li ti g ati on,
clai m or audi t i s started before the
expi rati on
of the si x
(6) year peri od,
the records
shall be retai ned unti l fi nal resoluti on of all
li ti g ati on, clai ms, or audi t
fi ndi ng s i nvolvi ng
the records,
RIGHT OF INSPECTION
TIle Contractor shall
provi de ri g ht
of access to i ts faci li ti es to the
WSLCB, or
any
of i ts
offi cers, or to
any
other authori zed
ag ent
or offi ci al of the state of
Washi ng ton
or the federal
g overnment,
at all
reasonable
ti mes,
i n order to moni tor and evaluate
performance, compli ance,
and/or
quali ty assurance
under thi s contract.
SEVERABILITY
The
provi si ons
of thi s contract are i ntended to be severable. If
any
term or
provi si on
i s
i lleg al
or
i nvali d for
any
reason whatsoever,
such
i lleg ali ty
or
i nvali di ty
shall not affect tlle
vali di ty
of the
remai nder of the contract.
SITE SECURITY
Whi le on WSLCB
premi ses, Contractor,
i ts
ag ents, employees,
or Subcontractors shall conform i n
all
respects
wi th
physi cal,
fi re or other
securi ty poli ci es or reg ulati ons.
STATEWIDE VENDOR PAYMENT REGISTRATION
Contractors are
requi red
to be
reg i stered
i n the Statewi de Vendor
Payment system, pri or
to
submi tti ng a
request
for
payment
under thi s Contract.
The
Washi ng ton
State Omce of Fi nanci al
Manag ement (OFM)
mai ntai ns a central Contractor
reg i strati on
fi le for
Washi ng ton
State
ag enci es
to
process
ContTactor
payments.
To ohtai n
reg i strati on
materi als
g o
to
http: //www.ofi n.wa.g ov/i sd/vendors.asp
the form has two
parts;
Part I i s the i nformati on
requi red
to meet the above
reg i strati on
condi ti on. Part 2 allows the
state to
pay
i nvoi ces
electroni cally
wi th di rect
deposi t
and i s the state’s most emci ent method of
payment.
Contractor are encourag ed
to
si g n up
for thi s form of
payment.
SUBCONTRACTING
Nei ther the Contractor nor
any
Subcontractor shall enter i nto subcontracts for
any
of the work
contemplated
under thi s contract wi thout
obtai ni ng pri or
wri tten
approval
of the WSLCB. In no
event shall the exi stence of the subcontract
operate
to release or reduce the
li abi li ty
of the
Contractor to the
Department
for
any
breach i n the
performance
of the Contractor’s duti es. Thi s
CONTRACT NO. K430
Pag e
23 of 30
00005651
clause does not include contracts of
employment
between the Contractor and
personnel assigned
to
work under this contract.
Additionally,
the Contractor is
responsible
for
ensuring
that all
terms, conditions, assurances and
certifications set forth in this
agreement
are carried forward to
any
subcontracts. Contractor and its
Subcontractors
agree
not to
release, divulge, publish, transfer,
sell or otherwise make known to
unauthorized
persons personal
information without the
express
written consent of the WSLCB or
as provided by
law.
SUPERVISION AND COORDINATION
Contractor shall:
I.
Competently
and
efficiently, supervise
and coordinate the
implementation
and
completion
of all Contract
requirements specified herein;
2.
Identify
the Contractor’s
Representative,
who will be the
principal point
of contact for the
WSLCB Contract Administrator
concerning
Contractor’s
performance
under this Contract.
3.
Immediately notify
the Contract Administrator in
writing
of
any change
of the
designated
Contractor’s
Representative assigned
to this
Contract;
and
4. Violation of
any provision
of this
paragraph may
be considered a material breach
establishing grounds
for Contract termination.
5. Be bound
by
all written communications
given
to or received from the Contractor’s
Representative.
SURVIVORSHIP
All transactions executed for Products and Services
provided pursuant
to the
authority
of this
Contract shall be bound
by
all of the
terms, conditions,
Prices and Price discounts set forth
herein,
notwithstanding
the
expiration
of tbe initial term of this Contract or
any
extension thereof.
Further,
the
telms,
conditions and warranties contained in this Contract that
by
their sense and context are
intended to survive the
completion
of the
performance,
cancellation or termination of this Contract
shall so survive. In
addition,
the telms of the sections titled
Overpayments
to
Contractor;
Ownership/Rights
in
Data;
Contractor’s
Commitments,
Warranties and
Representations;
Confidentiality/Safeguarding Information; Incorporation
of
Documents;
Order of
Precedence; Publicity;
Retention of
Records;
Problem Resolution and
Disputes;
and
Limitation of
Liability
shall survive the termination of this Contract.
TAXES,
FEES AND LICENSES
Taxes:
Where
required by
statute or
regnlation,
the Contractor shall
pay
for and maintain in current status
all taxes that are
necessary
for Contract
perfonnance.
Unless otherwise
indicated,
the WSLCB
agrees
to
pay
State of
Washington
taxes on all
applicable materials, supplies,
services and/or
equipment purchased.
No
charge by
the Contractor shall be made for federal excise taxes and if
requested
the WSLCB
agrees
to furnish Contractor with an
exemption
certificate where
appropriate.
Collection of Retail Sales and Use Taxes:
In
general,
Contractors
engaged
in retail sales activities within the State of
Washington
are
required
to collect and remit sales tax to
Department
of Revenue
(DOR).
In
general,
out-of-state
Contractors must collect and remit "use tax" to
Department
of Revenue ifthe
activity
carried on
by
the seller in the State of
Washington
is
significantly
associated with Contractor’s
ability
to
CONTRACT NO. K430
Page
24 of 30
00005652
establish or maintain a market for its
products
in
Washington
State.
Examples
of such
activ ity
include where the Contractor either
directly or
by
an
agent
or other
representativ e:
1. Maintains an in-state
office,
distribution
house,
sales
house, warehouse,
serv ice
enterprise,
or
any
other in-state
place
of
business;
2. Maintains an in-state
inv entory or stock of
goods
for
sale;
3.
RegUlarly
solicits orders from Purchasers located within the State of
Washington
v ia sales
representativ es entering
the State of
Washington;
4. Sends other staff into the State of
Washington ( e.g. product safety engineers, etc.)
to
interact with Purchasers in an
attempt
to establish or maintain
market( s) ; or
5. Other factors identified in WAC 458-20.
Department
of Rev enue
Registration
for Out-of-State Contractors:
Out-of-state Contractors
meeting any
of the abov e criteria must
register
and establish an account
with the
Department
of Rev enue. Refer to WAC
458-20-193,
and call the
Department
of Rev enue
at 800-647-7706 for additional information. When out-of-state Contractors are not
required
to
collect and remit "use
tax, "
the WSLCB will be
responsible
for
pay ing
this
tax,
if
applicable,
directly
to the
Department
of Rev enne.
Fees/Licenses:
After award of
Contract,
and
prior
to
commencing performance
under the
Contract,
the Contractor
shall
pay
for and maintain in a current status
any licenses, fees, assessments, permit charges, etc.,
which are
necessary
for Contract
performance.
It is the Contractor’s sole
responsibility
to maintain
licenses and to monitor and determine
any changes
or the enactment of
any subsequent regulations
for said
fees, assessments, or charges
and to
immediately comply
with said
changes
or
regulations
during
the entire term of this Contract.
Customs/Brokerage
Fees:
Contractor shall take all
necessary actions, including,
but not limited
to, pay ing
all
customs, duties,
brokerage,
and/or
import fees, to ensure that
materials, supplies,
and/or
equipment purchased
under
the Contract are
expedited through
customs. Failure to do so
may subject
Contractor to
liquidated
damages
as identified herein and/or to other remedies av ailable
by
law or Contract. The WSLCB
will not incur additional costs related to Contractor’s
pay ment
of such fees.
Taxes on Inv oice:
Contractor shall calculate and enter the
appropriate Washington
State and local sales tax on all
inv oices. Tax is to be
computed
on new items after deduction of
any
trade-in in accordance with
WAC 458-20-247.
TERMINATION BYMUTUAL AGREEMENT
111e WSLCB and the Contractor
may
terminate this Contract in whole or in
part,
at
any time, by
mutual
agreement.
TERMINATION FOR CAUSE
In the ev ent the WSLCB determines the Contractor has failed to
comply
witll
any
and/or all ofthe
conditions of this contract in a timely manner,
the WSLCB has the
right
to
suspend or tenninate
this contract. Before
suspending
or
tenninating
the
contract,
the WSLCB
may notify
the
Contractor in
writing
of the need to take correctiv e action. If correctiv e action is not taken within
thirty ( 30)
Calendar
Day s,
the contract
lllay
be terminated or
suspended.
CONTRACT NO. K430
Page
25 of 30
00005653
In the event of tennination 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 WSLCB reserves the
right
to
suspend
all or
part
of the
contract,
withhold further
payments,
or
prohibit
the Contractor from
incuning
additional
obligations
of funds
during investigation
of the
alleged compliance
breach and
pending
corrective action
by
the Contractor or a decision
by
the
WSLCB 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
perfonn
was outside of his or her
control,
fault or
negligence.
The
rights
and remedies of the WSLCB
provided
in this contract are not exclusive and
are,
in
addition to
any
other
rights
and
remedies, provided by
law.
TERMINATION FOR CONFLICT OF INTEREST
The WSLCB
may
tenninate this Contract
by
written notice to Contractor if it is
determined,
after due
notice and
examination,
that
any party
to this Contract has violated
Chapter
42.52
RCW,
Ethics in
Public
Service, or
any
other laws
regarding
ethics
in.public acq uisitions
and
procm’ement
and
performance
of contracts. In the event this Contract is so terminated,
the WSLCB shall be entitled to
pursue
the same remedies
against
Contractor as it could
pursue
in the event that the Contractor
breaches this Contract.
TERMINATION FOR CONVENIENCE
Except as otherwise
provided
in this
contract,
the WSLCB
may, by
ten
(IO)
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 tenninated,
the WSLCB shall be liable
only
for
payment req uired
under the
tenns of this contract for services rendered or goods
delivered
prior
to the effective date of
termination.
TERMINATION FOR NON-ALLOCATION OF FUNDS
If funds are not allocated to the WSLCB to continue this Contract in
any
future
period,
the WSLCB
may
terminate this Contract
by
seven
(7)
calendar
day’s
written notice to Contractor or work with
Contractor to arrive at a mutually acceptable
resolution of the situation. The WSLCB will not be
obligated
to
pay any
further
charges
for
materials, supplies,
services and/or
eq uipment including
the net remainder of
agreed
to consecutive
periodic payments remaining unpaid beyond
the end of
the then-current
period.
The WSLCB
agrees
to
notify
Contractor in
writing
of such non-allocation
at the earliest
possible
time.
No
penalty
shall accrue to the WSLCB in the event this section shall be exercised. This section
shall not be construed to
pennit
the WSLCB to terminate this Contract in order to
acq uire
similar
materials, supplies,
services and/or
eq uipment
from a third
party.
TERMINATION FOR WITHDRAWAL OF AUTHORITY
.
In the event that the WSLCB’s
authority
to
perform any
ofils duties is
withdrawn, reduced, or
limited in
any way
after the commencement of this Contract and
prior
to normal
completion,
the
WSLCB
may
terminate this Contract,
in whole or in
part, by
seven
(7)
calendar
day’s
written
notice to Contractor.
CONTRACT NO. K430
Page
26 of 30
00005654
TERMINATION PROCEDURES
Upon
termination of this
GontraGt,
tl l e
WSLCB,
in addition to
any
otil er
rig hts provided
in tl l is
contract, may req u ire
tl l e Contractor to del iver to the WSLCB
any property specifical l y produ ced
or
acq u ired
for the
performance
of su ch
part
of til is contract as has been terminated. The
provisions
of the "Treatment of Assets" cl au se shal l
appl y
in su ch
property
transfer.
The WSLCB shal l
pay
to the Contractor the
ag reed u pon price,
if
separatel y stated,
for
compl eted
work and services
accepted by
the
WSLCB,
and the amou nt
ag reed u pon by
til e Contractor and the
WSLCB for
( i) compl eted
work and services for which no
separate price
is
stated, ( ii) partial l y
compl eted
work and
services, ( iii)
other
property
or services that are accepted by
the
WSLCB,
and
( iv)
the
protection
and
preservation
of
property,
u nl ess the termination is for
defau l t,
in which case
the
Ag ent
shal l determine the extent of the
l iabil ity
of til e WSLCB. Fail u re to
ag ree
with su ch
determination shal l be a
dispu te
within the
meaning
of the
"Dispu tes"
cl au se of this contract. The
WSLCB
may
withhol d from
any
amou nts du e the Contractor su ch smn as til e
Ag ent
detennines to
be
necessary
to
protect
til e WSLCB
ag ainst potential
l oss or
l iabil ity.
The
rig hts
and remedies of the WSLCB
provided
in this section shal l not be excl u sive and are in
addition to
any
other
rig hts
and remedies
provided by
l aw or u nder this contract.
After
receipt
of a notice of
termination,
and
except
as otherwise directed
by
the
Ag ent,
the
Contractor shal l :
1.
Stop
work u nder the contract on til e
date,
and to the extent
specified,
in the
notice;
2. Pl ace no fu rtl l er orders or su bcontracts for
g oods, material s, services, or facil ities
except
as
may
be
necessary
for
compl etion
of su ch
portion
of the work u nder the contract that is not
terminated;
3.
Assig n
to the
WSLCB,
in the
manner,
at the
times,
and to the extent directed
by
the
Ag ent,
al l
of the
rig hts, titl e,
and interest of til e Contractor u nder the orders and su bcontracts so
terminated,
in which case the WSLCB has the
rig ht,
at its
discretion,
to settl e or
pay any
or al l
cl aims
arising
ou t of the tennination of su ch orders and
su bcontracts;
4. Settl e al l
ou tstanding
l iabil ities and al l cl aims
arising
ou t of su ch termination of orders and
su bcontracts,
with tl l e
approval
or ratification of tl l e
Ag ent
to tl l e extent
Ag ent may req u ire,
which
approval or ratification shal l be final for al l the
pu rposes
of this
cl au se;
5. Transfer titl e to the WSLCB and del iver in the
manner,
at the
times,
and to the extent directed
by
the
Ag ent any property which,
if the contract had been
compl eted,
wou l d have been
req u ired
to be fu rnished to the
WSLCB;
6.
Compl ete performance
of su ch
part
of the work as shal l not have been terminated
by
the
Ag ent;
and
7. Take su ch action as
may
be
necessary,
or as til e
Ag ent may
direct,
for the
protection
and
preservation
of the
property
rel ated to this
contract,
which is in the
possession
of til e Contractor
and in which the WSLCB has or
may acq u ire au interest.
TITLE TO PRODUCT
Upon Acceptance,
Contractor shal l
convey
to the WSLCB
g ood
titl e to til e Produ ct free and cl ear
of al l
l iens, pl edg es, mortg ag es, encu mbrances, or other
secu rity
interests.
TREATMENT OF ASSETS
A. Titl e to al l
property
fu rnished
by
the WSLCB shal l remain in til e WSLCB. Titl e to al l
property
fu rnished
by
the
Contractor,
for the cost of which the Contractor is ’entitl ed to be reimbu rsed as
CONTRACT NO. K430
Pag e
27 of 30
00005655
a direct item of cost under this
contract,
shall
pass
to and vest in the WSLCB
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 WSLCB
upon ( i)
issuance for
use of such
property
in the
perfonnance
of this
contract,
or ( ii)
commencement of use of such
property
in the
perfonnance
of this
contract,
or
( iii)
reimbursement of the cost thereof
by
the
WSLCB in whole or in
part,
whichever first occurs.
B.
Any property
of the WSLCB furnished to the Contractor
shall,
unless otherwise
provided
herein or
approved by
the
WSLCB,
be used
only
for the
perfonnance
of this contract.
C. The Contractor shall be
responsible
for
any
loss or
damage
to
property
of the WSLCB which
results from the
negligence
of the Contractor 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
WSLCB
property
is
lost, destroy ed or damaged,
the Contractor shall
immediately notify
the WSLCB and shall take all reasonable
steps
to
protect
the
property
from further
damage.
E. The Contractor shall surrender to the WSLCB all
property
of the WSLCB
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
employ ees,
agents
or Subcontractors.
WAIVER
Failure or
delay
of the WSLCB to insist
upon
the strict
pelformance
of
any
term or condition of the
Contract or to exercise
any right
or
remedy provided
in the Contract or
by law; or the WSLCB’s
acceptance
of or
pay ment
for
materials, supplies,
services aud/or
equipment,
shall not release the
Contractor from
any responsibilities
or
obligations imposed by
this. Contract or
by law,
and shall
not be deemed a waiver of
any right
of the WSLCB to insist
upon
the strict
performance
of the
entire
agreement by
the Contractor. In the event of
any
claim for breach of Contract
against
the
Contractor, no
provision
of this Contract shall be
constmed, expressly or
by implication,
as a
waiver
by
the WSLCB of
any existing
or future
right
andlor
remedy
available
by
law.
WARRANTIES
Contractor wan’ants that all
materials, supplies,
services and/or
equipment provided
under this
Contract shall be fit for the
purpose( s)
for which
intended,
for
merchantability ,
and shall confonn
to the
requirements
and
specifications
herein.
Acceptance
of
any materials, supplies,
service
and/or
equipment,
and
inspection
incidental
thereto, by
the WSLCB shall not alter or affect the
obligations
of the Contractor or the
rights
of the WSLCB.
WITHDRAWAL OF FUNDING
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 nonnal
completion,
the WSLCB
may
terminate
the contract under the "Termination for Convenience"
clause,
without the
ten-day
notice
requirement,
subject
to
renegotiation
at the WSLCB’S discretion under those new funding
limitations and
conditions.
CONTRACT NO. K430
Page
28 of 30
00005656
CONTRACT NO. K430
ExhibitB
WSLCB’S
Request
for
Proposals
No. K430
Page
29 of 30
00005657
Exhibit C
Contractor’s
Propos~l
CONTRACT NO. K430
Page
30 of 30
00005658
Washington
State
Liquor
Control Board
February XX,
2013
Name
Company
Street Address
City, State, Zip
Code
Subject: Rejection
of
Response
to
Washington
State
Liquor
Control Board
(WSLCB)
Request
for
Proposals (RFP) K430,
Initiative 502
Consulting
Services
Dear
Mr,XXXX,.
This letter is to infOlID
you
that Vendor’s
response
to
Request
for
Proposals (RFP)
K430 has been
rejected
because it failed to conform to RFP
requirements.
Section 3.2
ofRFPK430, Preparation
of
Proposals,
states in
part:
"...Incomplete
or
vague responses may
be considered
non-responsive
and
may
be
rejected.
Failure
to
complete
and submit the
required
items listed in this section
may disqualif
the
Proposer from
further participation
in this RFP...
"
It is the sole
responsibility
of the
Proposer
to understaud the RFP
requiremeuts
and ensure their
Proposal
is
complete.
The Non-Cost
Proposal
submitted
by Vendo!,
is
vague
and
incomplete,
and therefore unable
to be evaluated in accordance with the
requirements
ofRFP K430. Vendor is thus deemed non-
responsive
and
rejected
from further
participation
in tins RFP.
Thank
you
for
your
interest in
doing
business with the
Washington
State
Liquor
Control Board. This
measure is
being
taken to assist
you
in
preparing
future
responses.
If
you
have
any questions, please
feel
free to contact me by phone
at
(360)
664-4526 or email at
jsf@liq.wa.gov.
Sincerely;
John
Farley
Procurement Coordinator
cc: K430 Contract file
3000 Pacific Ave.
SE,
PO Box
43090, Olympia
WA
98504-3090, (360) 664-1600, www.liq.wa.gov
00005659
Proposal
For
Wasbington
State
Liquor
Control Board
Cannabis Consultants
Washington
St.ate
Liquor
Control Board
Presented
by:
William
Jamieson
Cannabis Network Solutions.com
420Patients LLC
Vertical
Xchange
LLC
VemcalXcllange
;"-.~> ’Yo-"
00005660
PROPOSER’S
AUTHORIZED OFFER
(PROPOSAL SIGNATURE
PAGE)
Initiative 502
Consultiug Services -RFP K430
Issued
by
the
Washington State
Liquor
Control Board
Certifications and Assurances
We make the
following certifications and assurances as a
required
element of the
Response, to which it is
attached, affirming
the
truthfulness ofthe facts declared here and
acknowledging that the
continuing compliance
with these statements and all
requirements ofthe RFP are conditions
precedent to the award or continuation of the
resulting
Contract,
1, TIie
prices
. in this
Response
have been arrived at
independently, without,
for the
purpose
of
restricting competiti
,
any oonsultation, communication, or
agreement with
any
other offeror or
competitor relating
to
(i)
those
prices, (ii)
the intention to submit an offer, or (Hi) the methods or factors used to calculate the
prices
offered, Tbe
prices
in tbis
Response have not been and will
110t be
knowingly disclosed
by
tire
offeror, directly or
indirectly,
to
any
other offeror
or
competitor before Contract award unless
otllerwise
required by
law. No
attempt
has been made or will be made
by
the offeror to induce
any
other
concern to submit or not to submit an offer for the
purpose
of
restricting competition,
However, we
may freely J oin
with other
persons
or
organiz atiollS for the
purpose
of
presenting a
single ProposaL
2. The attached
Response
is afirnl offer for a
period
of 120
days following
tbe
Response
Due Date
specified
in the
RFP, and it
\nay
be
accepted by
tbe
Washington
State
Liquor Control Board
(WSLCB)
without further
negotiation
(except
where
obviously required by
lack of
certainty
in
key terms)
at
any
time within the 120
day period,
In the case
of
protest, our
Response
will
remain vald for 1 gO
days or until the
protest
and
any
relate,! court action is
resolved,
whichever is later.
3, In
preparing
this
Response, we have not been assisted
by any current or formel’
employee
of the state of
Washington
whose duties relate
(or did
relate)
to this
solicitation, or
prospective Contract, and who was
assisting
in other than his
or bel’
official, public capacity, Neitber does such a
person
nor
any
member of his or her immediate
family
have
any
financial interest in the outcome of this
Response. Any exceptions
to these
assurances are to be described in full
detail on a
separate page
and attached to the
Proposer’s Response.
4, We
understand that the
Washington
State
Liquol’ Control Board
(WSLCB)
will not reimburse us for
any
costs
incurred in the
preparation oftbis
Response. All
Responses become the
propelty
ofthe
WSLCB, and we claim no
proprietary right
to the
ideas, writings,
items or
samples
unless so stated in the
Response, Submission ofthe attached
Response constitutes an
acceptance
of the evaluation criteria and an
agreement
to abide
by
the
procedures and all
other
administrative
requirements described in the solicitation docLUnent.
5. We understand that
any
Contract
awarded, as a result fthis RFP will
incorporate all the solicitation
requirements,
Suhmission of a
Response
and execution of tbis Certifications and Assurances document
Cet1ify
our
willingness
to
comply
with the Contract terms and conditions
appcaring
in
Appendix B, [or
substantially
similar
terms],
if selected
as a contractor, It is further LUlderstood that our standard contract will nt be considered as a
replacement
for the
terms and conditions
appearing
in
Appendix
B of this solicitation,
6, We
( circle
one) are / arc not
submitting proposed Contract
exceptions,
7. The authotiz ed
signlltolY below
ackuowledges having
read and understood the entire solicitation al)d
agrees
to
comply
with the terms and
con itions of tho solicitation in
submitting
and
flilfiUing
the offer made llits
Proposal.
8,
By submittiug
tbis
Proposal, Proposer hereby
offers to furnish
materials, supplies, services
and/orequipmont
in
compliance w b all
terms, conditions, and
specifications contained in this
solicitation,
9.
Proposer
has read and understands the
requirements
of the WSLCB set forth in and
pertaining
to h1itiative 502.
The
signatory below
represents that he/she hasthe
authority
to bind the
company
named below to the
Proposal submitted and
any
contract awarde a result of is soI-icitaHoll.
o,," ’t. ’ Q
IS 1V~-rW’II~
Company Name
-. z . . . . tf-7011; >
J
I? c-v’(1,ofV’J
Title
rl? V/VQ~
Date
RFP
K430,submittal
Document
2
00005661
NON-COST PROPOSAL
CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
L
Ability, Capacity
and Sldlls. In two (2) pages
or less! please
describe
your
firm’s
ability, capacity,
skills
and/or other
ex pertise
in Product and Ind
stry Knowledge, including
but not limited to the
following:
a. How
Marijuana
and/or
Agricultural products are
grown, cultiv ated, harv ested, cured, and
processed
420Patients.com /
Erupt
nutrients /
Happy
Harv esters
HYIlroponics
b. How
Marijuana
is infused into food and
bev erages
Bhang Chocolates,
Iron Labs and
KeefCola
to handle
c. How’Marijuana
should be
packaged, labeled, transported,
and sold at retail lev el
42f)Patients.com / Cunnaline / Iron Labs to hant/le
d. How wholesale and retail Product should be recalled and accounted for
420Patients.com / Iron Labs and Cannaline to handle
e. How
Marijuana
should be
destroyed
jf
ov erproduced, contaminated, 01’ recalled
Iron Labs and ldtchens to handle
Subcontractors are
companies functioning
in other
states, please see websites
for technologies
used antI
more information.
With well ov er 100
years of
combined
ex perience we feel confident we can
prov
e
solutions
for
all
your
Cannabis needs. With current
caregiv er
networks in 4 states
prov iding localflower
product
anti
successjitllaunches of
sev eral
protlucts, we feel confident we hav e the solutions
you
are looking
for.
We
currently manage
ov er 100,000sf of
cultiv ation
space
anti utilize state
of
the art
technologies
to
increase
yieltls
and retluce costs
2.
Ex perience.
In two
(2) pages
or less, please
describe
your
firm’s
ex perience
in Product and
Industry
Knowledge as it relates to
Marijuana.
With well ov er 100
years of
combined
ex perience
and
feel confident we can prov ide
solutions
for
all
your
dispensary
needs. With current
caregiv er
networks in 4 states
prov iding
local
flower product
anti
successful
products
launches
of
sev eral
prOilucts, we feel confident we hav e the solutions
you
tire loo/cing for.
We
currently manage
ov er 1
OO,OOOsf of
cultiv ation
space
anti utilize state
of
the art
technologies
to increase
yields
antI retluce costs
3. Team Structure and Internal Controls. In two
(2) pages
or less, please
describe the
proposed project team
structure and internal controls to be used
during
the course of the
project, including any
subcontractors. Please
define how the firm will establish lines of
authority
for
personnel
who
might
be inv olv ed in
performance
of this
potential contract and
relationships
of this staff to other
programs
01’ functions of the firm.
Traditional
Project management techniques
ilJUI a tracking system
will be used
for
structural
organization
and communications. Flow
Charting
will
prov ide a clear
iclentijiable path for coordinators,
currellt task
associatetl with each
project
amI
any updates
will be
prov ided
v ia email.
4. Staff
Qualificatiolls
and
Capabilities.
Please
identifY
staff
by name and
title, including subcontractors, who
would be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
your
firm. Prov ide
qualifications
information on the named
staff, including
the indiv iduals’
particular
skills related to this
project,.
education, ex perience, significant accomplishments
and
any
other
pertinent
information.
Please see subcontractor list & websites
for
tulditiollal
information, as each
company
has
specialists
av ailable to
prov ide specific
contributions to their
company,
too
lIumy
to list.
CATEGORY 2 PRODUCT QUALITY STANDARDS AND TESTING
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
5.
Ability, Capacity
and Skills. In two
(2) pages
01’ less, please
describe
yoUI’
firm’s
ability, capacity,
skills
and/or
ex pertise
in Product
Quality
Standards and
Testing, including
but not limited to the
following:
a. Knowledge
of the int structure
required to test
Marijuana
to ensure product quality, content,
ingredients
and consumer safety
considerations
00005662
NON-COST PROPOSAL
Iron Labs to handle
b,
Assi sti ng
the, WSLCB wi th
establi shi ng q u ali ty
standards for
testi ng Mari ju ana
Irol1 Labs to handle
6.
Experi ence.
In two
(2) pag es
or less, please
descri be
y ou r
fi rm’s
experi ence
i n the Produ ct
Qu ali ty
Standards
and
Testi ng fi eld, as i t relates to
Mari ju ana.
Wi th well over 100
y ears of
combi net{
experi ence
and
feel confi dent we can provi de
solu ti ons
for
all
y ou r
di spensary
needs. Wi th cu rrent 420Pati ents.com
careg i ver
networks i n 4 states
provi di ng
local
flower
produ ct
ami
su ccessfu l produ cts
lau nches
of Bhang Chocolates, 420Su ckers and
prebaket[ i nfu sed produ cts,
we feel confi dent we have the solu ti ons
y ou
are looki ng for.
We
cu rrently manag e
over 100,0008/ of
cu lti vati on
space
and u ti li ze state
of
the art
technolog i es to i ncrease
y i eltls
and redu ce costs
7. Staff
Qu ali fi cati ons
and
Capabi li ti es.
Please
i denti fy
staff
by name and
ti tle, i nclu di ng su bcontractors,
who
’wou ld be
assi g ned
to the
potenti al contract, i ndi cati ng
thei r normal
responsi bi li ti es
i n
y ou r
fi rm. Provi de
q u ali fi cati ons
i nformati on on the named
staff, i nclu di ng
the i ndi vi du als’
parti cu lar
ski lls related to thi s
project,
edu cati on, experi ence, si g ni fi cant accompli shments
and
any
other
perti nent
i nformati on.
Please see su bcontractor li st & websi tes
for
addi ti onal
i nformati on, as each
company
has
speci ali sts
avai lable to
provi de speci fi c
contri bu ti ons to thei r
company ,
too
many
to li st.
8.
Approach
and
Methodolog y .
In two
(2) pag es
or less, please provi de
a
complete descri pti on
of
y ou r
fi rms’
proposed approach
ari d
methodolog y
to be u sed i n
assi sti ng
the WSLCB to
develop a repu table protocol
for
Produ ct
Qu ali ty
Standards and
Testi ng as req u ested
i n thi s
RFP, to determi ne TCH/CBD levels and/or
rati os,
mold or chemi cal
contami nates,
and Produ ct strai n.
Mi cr.oscopi c Analy si s
Ou r
fi rst step
i n
testi ng
i s to exami ne the
sample
u nder a hi g h-powered di ssecti ng mi croscope.
Here we check on two thi ng s:
The tri chome
ri peness
and the
i mpu ri ti es present.
Tri chomes are
exami ned
by checki ng
thei r si ze, color
for
overall
ri peness,
and also the relati ve amou nt
of
damag e.
For
i mpu ri ti es we lookfor sy ntheti c fi bers, pests, mold, di sease, hai rs, seeds, and
other contami nants. We also
try
to
g i ve
relati ve amou nts and descri be the contami nants to ai d
the
careg i ver
i n
i solati ng
and
solvi ng any problems
di scovered. Ou r
staff
has hu ndreds
of
hou rs’
experi ence doi ng mi croscopi c
vi su al
analy si s of
cannabi s i n
provi di ng a thorou g h
and
accu rate
analy si s of any flower sample.
Chromatog raphy
GCNFID
(Gas Chromatog raph
- Flame IOlli zati oll
Detector)
Here at Iron Labs we test all
of ou r flower
and concentrate
samples mu lti ple
ti mes
,u si ng
separate i ndependent
GC-FID machi nes i n an effort
to eli mi nate the
possi bi li ty of
hu man
sy stemati c error whenever
possi ble.
Ou r
eq u i pment
i s cali brated
dai ly
wi th the
hi g hest q u ali ty
standards avai lable
from
Restek. We
spend u p
to
fi fteen
mi nu tes
g i vi ng
each
sample a vi su al
analy si s" recordi ng any i mpu ri ti es, pest,
or contami nates we detect. We break the
sample
down to vi ew i nsi de each
floret reveali ng any thi ng
that
may
be
trapped or hi di ng
i nsi de. We
are passi onate
abou t thi s and i t shows i n the
reprodu ci bi li ty of ou r resu lts. Once
more, we
i nsi st on self-vali datati on
and
self-reg u lati on
i n an evolvi ng i ndu stry .
A
GC-FJD
works
by i njecti ng a sample
i nto a colu mn
(tu be)
i n an oven whi ch heats
u p
and
measu res the transi ti on between the
stati onary phase (soli d or
li q u i d)
and mobi le
phase (g as)
as i t moves throu g h
the colu mn and
throu g h
the
flame
i oni zati on detector. Ou r
software
analy zes
the amou nts of
each
compou nd
and
di splay s
them as peaks on a g raph as they come
ou t at
vary i ng temperatu re
over ti me. The area u nder the cu rve i s measu red and
compared to
the cali brati on to
g i ve u s accu rately q u anti fi ed
resu lts.
Whi le we prefer
GC
analy si s for ou r flowers
and
concentrates, we reali ze the
di ffi cu lti es
i nvolved wi th
u si ng a GC to test
for
all
properti es of
edi ble
forms of
medi cal cannabi s, also
known as medi bles. The GC
req u i res
harsh chemi cals to deri vi ti ze cannabi noi ds so that
they
00005663
NON-COST PROPOSAL
vaporize
at
temperatures
lower than their
decarboxylation temperature
in order to
separate
their
raw; or acid, forms from
the activated, or
decarboxylated, forms.
This is
why we have a
HPLC
specifically for testing
medibles.
HPLC
(High
Pressure
Liquid Chromatograph)
The lower
operating temperatures of
the HPLC allow
for greater
control over variables used
for separating
and
quantifying
various chemical
compounds.
One
compound we are able to
isolate is THe-A, which can only
be detected in the cooler
temperatures of
the HP Le.
Measuring
the THC-A is
important
because it can indicate to us how well an edible or topical
product
is
decarboxy/ated, or chemically
activated into its
psychoactive form,
.
GC-MS
(Gas Chromatograph
- Mass
Spectrometer)
We are happy
to announce
that we have
purchased
another
piece of high
tech
testing
equipment
that is en route: A GC-MS works like the GC-FID but with a mass
spec
detector
instead
of a flame
ionization detector. The mass
spec separates compounds by
molecular
weight
to
further
increase our cannabinoid
testing accuracy.
It also will be
equipped
to test
the
full t~rpenoid profile of any
cannabis
flower sample
and
further
increase our pesticide
testing capabillties.
We are excited to have this incredible
piece of technology
in our
laboratory
arsenal. It will raise the
community
bar on testing analysis
and
expectations.
Best
of all, the
benefit goes
to the
patient!
CATEGORY 3 PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
9. Ability, Capacity
and Skills. In two
(2) pages
or less, please
describe
your
tirm’s
ability, capacity,
and skills
andlor
expertise
to estimate Product
Usage
and
Consumption
levels
by geographic areas in
Washington
State.
We will work with our subcontractetl internet
companies WeedMaps
and
MJFreeway for tracking o/usage
and current local
caregiver networks,
in addition to standard
usage from ot~er
states.
10.
Experience.
In two (2) pages
or less, please
describe
your
firm’s
experience
in
statisticall’esearch, specifically
related to
determining demographic
and/or
psychographic segmentation, preferably
related to the use of
Cannabis.
With a Masters
Degree
in Clinical
Psychology, interpreting reports
is a regular process,
we also have several
other
graduate degree
individuals to assist in the review
process
within each subcontractor’s
company.
11. Staff
Qualifications
and
Capabilities.
Please
identify
staff
by name and
title, including subcontractors, who
would be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
your
firm. Provide
qualifications
information on the named staff, including
the individuals’
pmiicular
skills related to this
proj ect,
education, experience, significant accomplishments
and
any
other
pertinent
information.
Please see subcontractor list & websites
for
atlclitional
information, as each
company
has
specialists
available to
provide specific
contributions to their
company,
too
malty
to list.
12.
Approach
’and
Methodology.
In two
(2) pages
or less, please provide a complete description ofyoul’
firm’s
proposed approach
and
methodology
to be used for Product
Usage
and
Consumption
validation as requested
in
this
RFP, to estimate
demographic
and
psychographic segmentation, specifically
related to the use of Cannabis.
We will use the
fetleral protocol III Ollel
curreutly being utilized
for
the PTSD
study by
Dr Sue
Sisley
MD at
the
University of Arizona
00005664
NON-COST PROPOSAL
CATEGORY 4 - PRODUCT REGULATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
13.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
describe
your
firm’s
ability, capacity,
and skills
and/or
expertise
in Product
Regulation, including
but not limited
to,
the
following:
a. Experience with State,
local or Federal
government processes
and
procedures
Attorney
(Inti Real Estate subcontractor to hantlle
b.
Experience
in
crafting system regulations
Attorney
and Real Estate subcontractor to handle
Experienced, Aggressive
&
Caring Representation
Anyone faced
with criminal
charges
should
immediately
seek and retain a Phoenix criminal
defense lawyer. Only
an
attorney
will have the
training, knowledge
anti skill to build a
strong defense andflghtfor
the
freedom of
the
accused victim in court. It can be
very difficult, however, to weed
through
all
of
the
differentfirms andflnd
the
legal representation
that
your
case needs. How do
you
know
if an
attorney
is
rightfor you?
We understaml
your
llilemma
if you
have been arrested
for a crime and we coultl
provitle you
with a solution.
One
of
the most
important
characteristics that an excellent
defense attorney
should be his
experience.
Unless an
attorney
has handled cases similar to
yours,
it cannot be
guaranteed
that
they are capable of obtaining
the results
you
need. Our tellllt also has
insight
into the
thoughts
ami
strategies of
the
prosecution
due to
Attorney
David V.
Telles’
former experience as a
county prosecutor.
Our
firm
has
defended
clients
from false
criminal
charges for
years
amI
couldfightfor your freedom totlay.
A
competent lawyer
should also be
highly
determined and
aggressive
when
defending a client Unless
your
attorney
is
willing
to
give
their all to
fight your charges, you
cannot have the
highest.possible
chance
of success.
Our
legal
team never gives
less than their all when
representing a client in court. We delUcate our full
attention
to each client and
stop
at nothing to defeml
them
from a wrongful
conviction.
Through a free
consultation with II
member
of our tellm, you
coult/lellrn about our levels
of care and commitment
first-hand, so cIIll our offices as
soon as possible if you
are facing charges.
14.
Experience.
In two
(2) pages
or less, please
describe
yOUI’
firm’s
experience
in
working
within the confines of
a
regulatory system,
and
experience
in
creating
and/or
modifying rule, law, ordinance,
and/or
guidelines.
One
of
the most
important
characteristics thllt IIn excellent
defense attorney
shoulll be his
experience.
Unless IlIt
attorney
has handlell cases similar to
yours,
it cannot be
guaranteell
that
they are capable of obtaining
the results
yOIl
need. Our teant also has
insight
into the
thoughts
and
strategies of
the
prosecution
due to
Attorney
David V.
Telles’former experience as a
county prosecutor.
Our
firm
hilS
IlefelUled clientsfromflllse
criminal
charges for
years
tmd
couldfightfor your freedom today.
15. Staff
Qualifications
and
Capabilities.
Please
identify
staff
by name and title, including subcontractors, who
would be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
your
firm. Provide
qualifications
information on the named
staff, including
the individuals’
particular
skills related to this
proj ect,
education, experience, significant accomplishments
and
any
other pertinent information.
Law
firm
has over 10
years of experience
16.
Approach
and
Methodology.
In two
(2) pages
01’ less, please provide a complete description ofyoUJ’
firms’
proposed approach
and
methodology
to be used in
assisting
the WSLCB with
developing
rules and a regulation
strategy
for the state of
Washington’s new Marij uana System.
We will
suggest
a model simUar to Colorado and OJ’ Arizollil
00005665
Stocker, Marlie
From:
Posted At:
Conversation:
420patients..com <wj@420patients.com>
Friday , February 15, 2013 1:56 PM
RFP K430, Cannabis Network Solutions
Subject:
RFP
K430, Cannabis Network Solutions
Hi
John,
Here are the documents for the RFP K430
Please let me know if
y ou
need
any
additional documents.
We
prefer
email
...
Thanks, Jamie J
MA.,
Clinical
Psy ch
Cannabis Coach
Cell: 602-332-0748
Check us out @
www.420patients.com
Cannabis Network Solutions
L ifesty le
Choices and
Changes Programs
Arizona
Hemp
Festival
Bhang
Chocolates Arizona
nutrametrix.com/420patients
1
00005666
00005667
SUBCONTRACTOR INFORMATION
Subcontractor
Name:
Services:
Address:
Telephone
Emai1:
Fed ID:
UBI:
Work to be Performed:
OMWBE certified: Yes
Subcontractor
Name:
Services:
Address:
Telephone
Emai1:
Fed ID:
UBI:
Work to be Perfonned:
OMWBE certified: Yes
Subcontractor
Name:
Services:
Address:
Telephone
Emai1:
FedlD:
UBI:
Wark to be Perfonned:
OMWBE certified: Yes
Bhang
Chocolates
Scott Van Rixel
Edibles -Infusion Kitchen
6815
Biscayne
Blvd.
Miami,
FL 33138
575-613-21909
scott@bhangchocolate.com
To be
provided
Product
Regulation
Product
Usage
&
Consumption
Validation
Product
Q uality
Standards &
Testing
Product and
hldustry Knowledge
_x_No
KeefCola
Eric Knotson
Elixirs I Dri, cs and Cannabis Kitchen
303-386-3784
Knutsoneric@msn.com
To be
provided
Product
Regulation
Product
Usage
&
Consumption
Validation
Product
Q uality
Standards &
Testing
Product and
hldustry Knowledge
x No
Baker Candies
Chris
Galgoczy
Edibles -Cannabis kitchen
16131 Holmes Ave
Cleveland,
0[-[ 44110
313-268-1358
bakercandies@att.net
To be
provided
Product
Regulation
Product
Usage
&
Consumption
Validation
Product
Q uality
Standards &
Testing
Product and
Indnstry Knowledge
x No
Cannabis Network Solutions
powered by
420PatielltS.com
Page
2 of5
00005668
SUBCONTRACTOR INFORMATION
Subcontractor
Name:
Services:
Address:
Telephone
Email:
Fed 10:
UBI:
Work to be Performed:
OMWBE certified: Yes
Subcontractor
Name:
Services:
Address:
Telephone
Email:
Fed 10:
UBI:
Work to be Performed:
OMWBE certified:
Subcontractor
Name:
Services:
Address:
Telephone
Email:
Fed 10:
UBI:
Work to be Perfonned:
OMWBE certified:
MJFreeWay
Julie Hood
Information
Technology
-POS data
management
Software
720-398-6456
jhood@mjfreeway.com
To be
provided
Product
Regulation
Product
Usage
&
Consumption
Validation
Product
Quality
Standards &
Testing
Product and
Industry Knowledge
x No
Mayes
Telles Law Firm
David Telles
Legal
909 West McDowell Road
Phoenix,
AZ 85007
602-714-7900
David@MayesTelles.com
To be
provided
Product and
Industry Knowledge
-
legal
Yes x No
DAUM Commercial Real Estate
Jay
Krew
Commercial Real Estate
1702 E
Highland
Ave
Phoenix,
AZ 85016
602-575-2315
Jay.krew@daumcommercial.com
To be
provided
Product and
Industry Knowledge-
Real Estate
Yes
_x_No
Cannabis Network Solutions
powered by
420Patients.com
Page
3 of5
00005669
SUBCONTRACTOR INFORMATION
Subcontractor
Name:
Services:
Address:
Telephone
Email:
Fed!D:
UBI:
Work to be Perfonned:
OMWBE certified: Yes
Subcontractor
Name:
Services:
Address:
Telephone
Email:
Fed !D:
UBI:
Work to be Perfonned:
OMWBE certified: x Yes
Subcontractor
Name:
Services:
Address:
Telephone
Email:
Fed!D:
UBI:
Work to be Performed:
OMWBE celtified: Yes
Iron Laboratories
Howard Lutz
Full Service Cannabis
Testing
MICHIGAN
248-613-3085
Howard.Lutz@IronLabsLLC.co
To be
provided
Product
Regulation
Product
Usage
&
Consumption
Validation
Product
Quality
Standards &
Testing
Product and
Industry Knowledge
_x_No
Aaron
Barney
Aaron
Barney
Community
Relations -
Washington
State
206-856-8781
Aaronmv75@grnail.com
To be
provided
Product
Regulation
Product
Usage
&
Consumption
Validation
Product
Quality
Standards &
Testing
Product and
Industry Knowledge
No
DeCio Pasta
Scott MOITson
Commercial Kitchen
2235 W. First St.
Tempe,
AZ 85281
480-456-1080
Scott@deciopasta.com
To be
provided
Product
Regulation
Product
Usage
&
Consumption
Validation
Product
Quality
Standards &
Testiug
Product aud
InduslTy Knowledge
x No
Cannabis Network Solutions
powered by
420Patients.colll
Page
4 0[5
00005670
SUBCONTRACTOR INFORMATION
Subcontractor
Name:
.Services:
Address:
Telephone
Email:
Fed ID:
UBI:
Work to be Perfonned:
OMWBE certified: Yes
Subcontractor
Name:
Services:
Address:
Telephone
Email:
Fed ID:
UBI:
Work to be Performed:
OMWBE certified:
NutraMetrix
Suzette Smith
Custom Health Solutions -Nutrients
Arizona
480-239-8561
Suzettesmith480@gmail.com
To be
provided
Product and
Industry Knowledge
x No
Erupt
Nutrients
Stu Green
Nutrients-cultivation
Po Box 31964
Tucson,
AZ
520-401-0272
Stu@eruptnutrients.com
To be
provided
Product and
Industry Knowledge
Yes No
Subcontractor
Name:
Services:
Address:
Telephone
Email:
Fed ID:
UBI:
Work to be Perfonned:
OMWBE certified: Yes
Subcontractor
Name:
Services:
Address:
Telephone
Email:
Fed ID:
UBI:
Work to be Perfonned:
OMWBE certified: Yes
Happy
Harvester
Hydroponics
Mike
Klingler
Hydroponics
Store
MICHIGAN AND ARIZONA
480-857 -8878
contact@HappyI-IarvestersAZ.com
To be
provided
x No
Product and
Industry Knowledge
WeedMaps
Scott
Hoerling
Internet and web
management
-advertisement
California
948-870-1460
Scott@dimensionsoftware.com
To be
provided
Product and
Industry Knowledge-
Advertisement
x No
Cannabis Network Solutions
powered by
420Patients.com
Page
5 of5
00005671
NON-COST PROPOSAL
CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE
Please answer the
questions
listed below, attac hing
additional
pag es
as
nec essary:
1,
Ability, Capac ity
and Sldlls~ In two
(2) pag es
or less, please
desc ribe
your
firm’s
ability, c apac ity,
skills
and/or other
expertise
in Produc t and
Industry Knowledg e, inc luding
but not limited to the
following :
a. How
Marijuana
and/or
Ag ric ultural produc ts are
g rown, c ultiv ated, harv ested, c ured,
and
proc essed
420Patients.c om /
Erupt
nutrients /
Happy
Harv esters
Hytlroponic s
b, How
Marijuana
is infused into food and
bev erag es
Bhang Choc olates, Iron Labs and
Keef
Cola to handle
c . How
Marijuana
should be
pac kag ed, labeled, transported,
and sold at retail lev el
420Patients.c om / Cannaline /Iroll Labs to handle
d. How wholesale and retail Produc t should be rec alled and ac c ounted for
420Patients.c om / Iron Labs and Cannaline to handle
e. How
Marijuana
should be
destroyed
if
ov erproduc ed, c ontaminated, or rec alled
Iron Labs and kitc hens to handle
Subc ontrac tors are c ompanies func tioning
in other
states, please
see websites
for tec hnolog ies
usetl amI
more information.
With well ov er 100
years of
c ombined
experienc e we feel c onfitlent we c an prov ide
solutions
for
all
your
Cannabis needs. With c urrent
c areg iv er
networks in 4 states
prov iding
loc al
flower
produc t
ami
suc c essful
launc hes
of
sev eral
protluc ts, we feel c onfident we hav e the solutions
you
are looking
for.
We
c urrently manag e
ov er 100,000sf of
c ultiv ation
spac e
and utilize state
of
the art
tec hnolog ies to
inc rease
yieltls
ami reduc e c osts
2.
Experienc e.
In two
(2) pag es
or less, please
desc ribe
your
firm’s
experienc e
in Produc t and
ndustry
Knowledg e as it relates to Marijuana.
With well ov er 100
years of
c ombined
experienc e
anc l
feel c onfident we c an prov ide
solutions
for
all
your
dispensary
needs. With c urrent
c areg iv er
networks in 4 states
prov iding
loc al
flower produc t
and
suc c essful
produc ts
launc hes
of
sev eral
produc ts, we feel c onfident we hav e the solutiolls
you
are looking for.
We
c urrently manag e
ov er 1
OO,OOOsf of
c ultiv ation
spac e
and utilize state
of
the art
tec hnolog ies
to inc rease
yields
and ret{uc e c osts
3. Team Struc ture and Internal Controls. In two (2) pag es
or less, please
desc ribe the
proposed projec t team
struc ture and internal c ontrols to be used
during
the c ourse of the
projec t, inc luding any
subc ontrac tors. Please
define how the firm will establish lines of
authority
for
personnel
who
mig ht
be inv olv ed in
performanc e
of this
potential
c ontrac t and
relationships
of this staff to other
prog rams
or flU1c tions of the firm.
Traditional
Projec t manag ement tec hniques
amI a trac king system
will be used
for
struc turtl{
org anization
and c ommunlc atiolls. Flow
Charting
will
prov ic le a c lear
identifiable path for c oordinators, c urrent task
assoc iate({ with e(teh
projec t
and
(my updates
will be
prov ic led
v ia em ail.
4. Staff
Qualific ations
nnd
Capabilities.
Please
identify
staff
by name and
title, inc luding subc ontrac tors,
who
would be
assig ned
to the
potential c ontrac t, indic ating
their
normall’esponsibilities
in
your
finn. Prov ide
qualific ations
information on the named staff, inc luding
the indiv iduals’
partic ular
skills related to this
projec t,
educ ation, experienc e, sig nific ant ac c omplishments
and
any
other
pertinent
information.
Please see subc ontrac tor list & websites
for
([(lelitional
informatioll, as eac h
c ompany
lUls
spec ialists
av ai/able to
prov ltle spec ific
c ontributions to their
c ompany,
too
many
to list.
CATEGORY 2 PRODUCT QUALITY STANDARDS AND TESTING
Please answer the
questi.ol1S
listed
below, attac hing
additional
pag es
as
nec essary:
5.
Ability, Capac ity
and Sldlls. In two (2) pag es
or less, please
desc ribe
yom
firm’s
ability, c apac ity,
skills
and/or
expertise
in Produc t
Quality
Standards and
Testing , inc luding
but not limited to the
following :
a, Knowledg e
of the infrastruc ture
required
to test
Marijuana
to ensure produc t quality, c ontent,
ing redients
and c onsumer safety
c onsiderations
00005672
NON-COST PROPOSAL
Irolt Labs to hamlle
b.
Assisting
the WSLCB with
establishing q u ality
standards for
testing Mariju ana
Iron Labs to han/lIe
6.
Experience.
In two
(2) pages
or less, please
describe
y ou r
firm’s
experience
in the Produ ct
Qu ality
Standards
and
Testing field, as it relates to
Mariju ana.
With well over 100
y ears of
combined
experience
and
feel conjillent we can proville
solu tions
for
all
y ou r
dispensary
needs. With cu rrent 420Patients.com
caregiver
networks in 4 states
providing
local
flower
produ ct
and
su ccessfu l produ cts
lau nches
of Bhang Chocolates,
420Su ckers and
prebaked infu sed produ cts,
we/eel confident we have the solu tions
y ou
are looking for.
We
cu rrently manage
over 100, 000s/ of
cu ltivation
space
antI u tilize state of
the art
technologies
to increase
y ields
and redu ce costs
7. Staff
Qu alifications
and
Capabilities.
Please
identify
staff
by name and title, inclu ding su bcontractors,
who
wou ld be
assigned
to the
potential contract, indicating
their normal
responsibilities
in
y ou r
firm. Provide
q u alifications
information on the named
staff, inclu ding
the individu als’
particu lar
skills related to this
project,
edu cation, experience, significant accomplishments
and
any
other
pertinent
information.
Please see su bcontractor list & websites
for
additional
illformation, as each
company
has
specialists
available to
provide specific
contribu tions to their
company ,
too
many
to list.
8.
Approach
and
Methodology .
In two
(2) pages
or less, please provide
a
complete description
of
y OUI’
firms’
proposed approach
and
methodology
to be u sed in
assisting
the WSLCB to
develop a repu table protocol
for
Produ ct
Qu ality
Standards and
Testing as req u ested
in this
RFP, to determine TCH/CBD levels and/or
ratios,
mold 01’ chemical "contaminates. and Produ ct strain.
Microscopic Analy sis
Ou r
first step
in
testing
is to examine the
sample
u nder a high-powered dissecting microscope.
Here we check on two
things:
The trichome
ripeness
and the
impu rities present.
Trichomes are
examined
by checking
their size, color
for
overall
ripeness,
and also the relative amou nt
of
damage.
For
Impu rities we lookfor sy nthetic fibers, pests,
mold, disease, hairs, seeds, and
other contaminants. We also
try
to
give
relative amou nts and describe the contaminants to aid
the
caregiver
in
isolating
and
solving any problems
discovered. Ou r
staff
has hu ndreds
of
hou rs’
experience doing microscopic
visu al
analy sis of
cannabis in
providing a thorou gh
and
accu rate
analy sis of any flower sample.
"’
Chromatogrilphy
GC-FlD
(Gas Chromatograph
- Flame IOlliZillion Detector)
Here at Iron Labs we test all
of ou r flower
and concentrate
samples mu ltiple
times
u sing
separate independent
GC-FID machines in an effort
to eliminate the
possibility of
hu man
sy stematic
error whenever
possible.
Ou r
eq u ipment
is calibrated
daily
with the
highest q u ality
standards available
from
Restek. We
spend u p
to
fifteen
minu tes
giving
each
sample a visu al
analy sis, recording any impu rities, pest,
or contaminates we detect. We break the
sample
down to view inside each
floret revealing any thing
that
may
be
trapped or hiding
inside. We
are passionate
abou t this and it shows in the
reprodu cibility of ou r resu lts. Once
more, we
insist 011 self-validatation
and
self-regu lation
in an evolving indu stry .
A GC-FID works
by injecting a sample
into a colu mn
(tu be)
in an oven which heats
u p
and
measu res the transition between the
stationary phase (solid or liq u id)
and mobile
phase (gas)
as it moves throu gh
the colu mn and
throu gh
the
flame ionization detector. Ou r
software
analy zes
the amou nts
of
each
compou nd
and
display s
them as peaks on a graph as
they come
ou t at
vary ing temperatu re
over time. The area u nder the cu rve is measu red and
compared
to
the calibration to
give u s accu rately q u antified
resu lts.
While we prefer
GC
analy sis for ou r flowers
and
concentrates, we realize the
difficu lties
involved with
u sing a GC to test
for
all
properties of
edible
forms of
medical cannabis, also
known as medibles. The GC
req u ires
harsh chemicals to derivitize cannabinoids so that
they ’
00005673
NON-COST PROPOSAL
vaporize
at
temperatures
lower than their
decarboxylation temperature
in order to
separate
their
raw, or acid, forms from
the activated, or decarboxylated, forms.
This is
why we have a
HPLC
specifically for testing
medibles.
HPLC
(High
Pressure
Liquid Chromatograph)
The lower
operating temperatures of
the HPLC allow
for greater
control over variables used
for separating
and
quantifying various chemical
compound~.
One
compound we are able to
isolate is THe-A, which can only
be detected in the cooler
temperatures of
the HPLC.
Measuring
the THC-A is
important
because it can indicate to us how weU an edible or topical
product’
is
decarboxylated,
or
chemically
activated into its
psychoactive form,
GC-MS
(Gas Chromatagraph
- Mass
Spectrometer)
We are happy
to announce that we have
purchased
another
piece of high
tech
testing
equipment
that is en route: A GC-MS works like the GC-FID but with a mass
spec
detector
instead
of a flame
ionization detector. The mass
spec separates compounds by
molecular
weight
to
further increase our cannabinoid
testing accuracy.
It also will be
equipped
to test
the
full terpenoid profile of any
cannabis
flower sample
and
further
increase our pesticide
testing capabilities.
We are excited to have this incredible
piece of technology
in our
laboratory
arsenal, It will raise the
community
bar on testing analysis
and
expectations.
Best
of all, the
benefit goes
to the
patient!
CATEGORY 3 PRODUCT USAGE AND CONSUMPTION VALIDATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
9.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
describe
your
firm’s
ability, capacity,
and skills
and/or
expertise to estimate Product
Usage
and
Consumption
levels
by geographic areas in
Washington
State.
We will work -with our subcontracted internet
companies WeetlMaps
and
MJFreeway for
tracl
ng of usage
anti current local
caregiver networks, in addition to stantltlYtl
usage from
other states.
10.
Experience.
In two
(2) pages
or less, please
describe
your
firm’s
experience
in statistical
research, specifically
related to determining demographic
and/or
psychographic segmentation, preferably
related to the use of
Cannabis.
With a Masters
Degree
in Clinical
Psychology, interpreting reports
is a regular process,
we also have several
other
graduate degree
int/ivitluals to assist in the review
process
within each subcolltractor’s
company.
11. Staff
Qualifications
and
Capabilities.
Please
identify
staff
by name and
title, including subcontractors, who
would be
assigned to the
potential c’ontract, indicating
their normal
responsibilities
in
your
finn, Provide
qualifications
information on the named
staff, including
the individuals’
particular
skills related to this
proj ect,
education, experience, significant accomplishments
and
any
other
pertinent
information.
Please see subcontractor list & websites
for
tulditiollal
information, as each
company
has
specialists
available to
provide specific
cOlltributions to their
company,
too
many
to list.
12.
Approach
and
Methodology.
.In two
(2) pages
or less, please provide a
complete’description
of
your
firm’s
proposed approach
and
methodology
to be used for Product
Usage
and
Consumption
validation as requested
in
this
RFP, to estimate
demographic
and
psychographic segmentation, specifically
related to the use of Cannabis.
We will use the
federal protocol
model
currently being utilize,l for
the PTSD
study by
Dr Sue
Sisley
MD at
the
University of Arizona
00005674
NON-COST PROPOSAL
CATEGORY 4 -PRODUCT REGULATION
Please answer the
questions
listed
below, attaching
additional
pages
as
necessary:
13.
Ability, Capacity
and Skills. In two
(2) pages
or less, please
describe
your
firm’s
ability, capacity,
and skills
and/or
expertise
in Product
Regulation, including
but not limited
to,
the
following:
a. Experience
with
State,
local or Federal
government processes
and
procedures
Attorney
anti Real Estate subcontractor to handle
b.
Experience
in
crafting system regulations
Attorney
and Real Estate subcontractor to handle
Experienced, Aggressive
&
Caring Representation
Anyone facetl
with criminal
charges
should
immetliately
seek and retain a Phoenix criminal
defense lawyer. Only
an
uttorney
will have the
training, knowledge
and skill to build a
strong defense
antI
fight for
the
freetlom of
the
accused victim in court. It can be
very difficult, however, to weetl
through
all
of
the
differentfirms andfintl
the
legal representation
that
your
case needs. How do
you
know
ifan attorney
is
rightfor you?
We
untlerstandyour
dilemma
if you
have been arrested
for a crime and we could
provide you
with a solution.
One
of
the most
important
characteristics that an excellent
defense attorney
shoultl be his
experience. Unless an
attorney
has halUlled cases similar to
yours,
it cannot be
guaranteed
that
they a~e capable of obtaining
the resulttJ ,
you
need. Our team also has
insight
into the
thoughts
amI
strategies of
the
prosecution
due to
Attomey
Davicl V.
Telles’
former experience as a
county prosecutor.
Our
flrm
has
defeJ Uletl
clients
from false
criminul
charges for
years
and
couldfightfor your freedom today.
A
competent lawyer
should also be
highly
tletermined alUl
aggressive
when
defending a client. Unless
your
attorney
is
willing
to
give
their all to
fight your churges, you
cannot have the
highest possible
chance
of success.
Our
legul
teum never gives
less than their all when
representing a client in court. We tledicate our full
attention
to each client alUl
stop
at
nothing
to
defend
them
from a
wrongful
conviction.
Through afree consultation with a
member
of our team, you
could learn about our levels
of care alUl
commitmentflrst~handJ so call our
offices as
soon tIS possible if you
are facing charges.
14,
Experience.
In two
(2) pages
or less, please
describe
your
firm’s
experience
in
working
within the confines of
a
regulatory system,
and
experience
in
creating
and/or
modifying rule, law, ordinance, and/or
guidelines.
One
of
the most
important
characteristics that an excellent
defense attorney
should be his
experience.
Unless an
attorney
has handled cases similar to
yours,
it cannot be
guaranteed
that
they are capable of obtaining
the results
you
need. 0111’ teum also has
insight
into the
thoughts
and
strategies of
the
prosecution
tlue to
Attorney
David V.
Telles’former experience as a
county prosecutor.
Our
firm
has
defended
clients
from false
criminal
charges for
years
and could
fight for your freedom tOflay.
15. Staff
Qualifications and
Capabilities.
Please
identify
staff
by name and
title, including subcontractors, who
would be
assigned to the
potential contract, indicating
their normal
responsibilities
in
your
firm. Provide
q~1alifications
information on the named
staff, including
the individuals’
particular
skills related to this
proj ect,
education, experience, significant accomplishments
and
any
other
pertinent
information.
Law
firm
has over 10
years of eX j J erienpe
16.
Approach
and
Methodology.
In two
(2) pages
01’ less, please provide a complete description ofyoul’
finns’
proposed approach
and
methodology to be used in
assisting
the WSLCB with
developing
rules and a regulation
strategy
for the state of
Washington’s new Marij uana System.
We will
suggest
(l1flodel similar to Colorado aud or Arizona
00005675
Contract Number K430
For
Initiative 502
Consulting
Services
Between the
Washington
State
Liquor
Control Board
and
Cannabis Network Solutions
This Contract is made and entered into
by
and between the
Washington
State
Liquor
Control
Board,
hereinafter referred to as the
"WSLCB",
and the below named
Company,
hereinafter
referred to as "Contractor",
for the
purpose
of
providing
Initiative 502
Consulting
Services.
Cannabis Network Solutions
William Jamieson
PO BOX 47700
Phoenix,
Arizona
Phone: 602-332-0748
Email:
WJ@420Patients.com
Federal TIN: 34-1980534 Plant
FloorXChange
"DBA"
AGXchanges
LLC
W A State UBI Number:
PURPOSE
The
purpose
of this Contract is to enter into an
agreement
for Initiative 502
(I-502) Consulting
Services, to assist the WSLCB with the
implementation
of the
requirements
ofl-502.
SCOPE OF WORK
Exhibit
A,
attached hereto and
incorporated by reference,
contains the General Terms and
Conditions
governing
the
goods
to be
provided
and services to be
performed
under this
contract,
the nature of ilie
working relationship
between ilie WSLCB and ilie
Contractor,
and
specific
obligations
of both
parties.
The Contractor will
provide goods, services,
and
staff,
and oilierwise do all
iliings necessary
for or
incidental to the
performance
of
work, as included in the WSLCB’S
Request
for
Proposals
No.
K430,
attached as Exhibit
B,
and the Contractor’s
proposal
dated 2/15/2013
,attached as
Exhibit C.
The Contractor shall:
Provide
Consulting
Services to the WSLCB which shall assist ilie
agency
with the
implementation
of 1-502
requirements including,
but not limited
to,
ilie
following Categories
of
expertise:
~
Category
1: Product and
Industry Knowledge
Contractor shall be a product expert
and have
expert Imowledge, including
but not
limited,
to
the
following:
a. How
Marijuana
is
grown, cnltivated, harvested, cured,
and
processed
b. How
Marijuana
is infused into food and
beverages
c. How
Marijuana
should be
packaged, labeled, transported,
and sold at retail level
d. How wholesale and retail
product
should be recalled and accounted for
e. I-low
Marijuana
should be
destroyed
if over produced, contaminated, or recalled
CONTRACT NO. K430
Page
1 of 30
00005676
Category
1 Deliverables:
Contractor shall
provide
the
following:
I. Minimum standards
relating
to the
growth, harvesting, transporting
and sale of useable
recreational
Marijuana
2. Minimum standards for Product
safety relating
to the infusion of
Marijuana
or
Marijuana byproducts
in
food, beverage, lotions,
ointments or other Products to be sold
in retail locations
3. Minimum standards for the
track ing
and reconciliation of Product
grown, sold,
and/or
destroyed
~
Category
2: Product
Quality
Staudards and
Testing
Contractor shall:
a. Have
expmt k uowledge
of the infrastructure
required
to test
Marijuana
to ensure the
following:
.
Product quality, content,
and
ingredients
. Consumer
safety
b. Assist the WSLCB with
establishing quality
standards for
testing
c. Assist the WSLCB with
establishing
and
implementing Industry testing
standards and
practices
d. Be
k nowledgeable
on methods to
safely process product
Category
2 Deliverables:
Contractor shall
provide
the
following:
I. Minimum standards allowed for
testing
and
confinning
Product
safety
from
contaminants
2.
Testing
standards for Product
testing
ofTHC/CBD levels and ratios for Product offered
3.
Labeling
standards needed to meet the
requirmnents
as defined
by
law
~
Category
3: Product
Usage
and
Consumption
Validation
Contractor shall:
a. Have the
expertise
to estimate
product usage
and
consumption
levels
by geographic
areas in
Washington
State.
Category
3 Deliverables:
Contractor shall
provide
the
following:
I. A
report detailing recreational,
medic l and total
Marijuana
use in
Washington State,
by connty
2. A
projected
volmne of
Marijuana
needed on an annual basis to
satisfy demand,
and
establish
plant yield
and
growth
volnme
assumptions
needed to
k eep pricing
at or
below black mark et levels
.
~
Category
4: Product
Regulation
Contractor shall:
a. I-lave a
strong understanding
of
State,
local or Federal
government processes
and
procedures
b. Assist the WSLCB in
crafting Marijuana system regulations.
Category
4 Deliverables:
Contractor shall:
CONTRACT NO. K430 Page
2 of 30
00005677
I. Conduct stakeholder focus
groups
for discussion and determination of best
practice
relating
to the
growth, harv esting, distribution, product
infusion and sale of use able
recreational
Marijuana
2. Prov ide written
independent
third
party assumptions,
recommendations and
ov ersight
following guidelines
established
by
the
open gov ernment
act
General
Requirements:
Contractor will work in
conjunction
with the WSLCB
project manager
and
any
other identified
WSLCB
personnel
to ensure that the serv ices are
prov ided
in accordance with
industry
standards
and best
practices.
PERIOD OF PERFORMANCE
The
period
of
performance
under this contract shall be for two
(2) years
from the date of
execution,
with the
option
to extend for additional tenns or portions
thereof.
COMPENSATION
I ~ d dhllb ~ll Tota comlJensatlOn or semces ren ere s a e as 0ows:
Item Description Price
.
Total
MICELLANEOUSEXPENSES
The WSLCB
may
reimburse Contractor for trav el and related
expenses
as identified in this
Contract, or as authorized in
writing,
in adv ance
by
the WSLCB in accordance with the ctID’ent
rules and
regtdations
set forth in the
Washington
State Administrativ e and
Accounting
Manual
(http://www.ofm.wa.gov /policv ldefault.asp).andnottoexceedexpensesactuallyincurred.No
payment
of trav el
expenses
will be made to Contractor for routine trav el to and from the WSLCB’s
location. Contractor
may
be
required
to
prov ide a detailed itemization of
expenses, including
description,
amowts and
dates,
and
receipts
for amounts of
fifty
dollars
($50) or more when
requesting
reimbursement.
BILLING PROCEDURES AND PAYMENT
The WSLCB will
pay
Contractor
upon acceptance
of
goods
and/or serv ices
prov ided
and
receipt
of
properly completed inv oices,
which should be submitted
electronically
to:
HQSupply@liq.wa.gov .
If Contractor is wable to submit inv oices
electronically,
inv oices
may
be submitted
by
mail to:
Washington
State
Liquor
Control Board
Attn:
Support
Serv ices
PO Box 43090
Olympia,
W A 98504.
Each inv oice shall be identified with the
following
items:
. State INVOICE
.
Identify
the inv oice number and date
. Be identified
by
Contract Number K430
.
Identify
Contractor’s Statewide Vendor
registration
number
assigned by Washington
State
Office of Financial
Management (OFM)
. Be in U.S. dollars
.
Identify
the all
applicable prompt payment
discount and/or v olume
discowt(s)
CONTRACT NO. K430
Page
3 of 30
00005678
.
I d e n t i f y pay e e
n ame an d ad d re ss i n
compli an ce
wi t h U.S. Post al
re g u lat i on s
. De scri be an d
d ocu me n t , t o t he WSLCB’S
sat i sf act i on , a d e scri pt i on
of t he
g ood s provi d e d
an d /or work
pe rf on n e d , i n clu d i n g
d at e s
. Be
accompan i e d by
d ocu me n t at i on t hat con f i rms t hat se rvi ce s we re pe rf orme d
or
prod u ct s
we re re ce i ve d
The WSLCB
may ,
i n i t s sole
d i scre t i on ,
t e n n i n at e t he con t ract or wi t hhold
pay me n t s
clai me d
by
t he Con t ract or f or
g ood s
an d /or se rvi ce s re n d e re d i f t he Con t ract or f ai ls t o
sat i sf act ori ly comply
wi t h
an y
t e rm or con d i t i on of t hi s con t ract .
No
pay me n t s
i n ad van ce or i n
an t i ci pat i on
of se rvi ce s or su ppli e s
t o be
provi d e d
u n d e r t hi s con t ract
shall be mad e
by
t he WSLCB.
Pay me n t
shall be con si d e re d
t i me ly
i f mad e
by
t he WSLCB wi t hi n
t hi rt y (30)
cale n d ar
d ay s
af t e r
re ce i pt
of
prope rly comple t e d
i n voi ce s.
Pay me n t
shall be se n t t o t he ad d re ss
d e si g n at e d by
t he
Con t ract or.
Pay me n t
f or
mat e ri als, su ppli e s
an d /or
e qu i pme n t
re ce i ve d an d f or se rvi ce s re n d e re d shall be mad e
by
WSLCB an d be re d e e mable i n U.S. d ollars.
An y
ban k or t ran sact i on f e e s or si mi lar cost s
associ at e d wi t h
cu rre n cy e xchan g e proce d u re s
or t he u se of
pu rchasi n g /cre d i t
card s shall be
f u lly
assmn e d
by
t he Con t ract or.
I n t he e ve n t t hat t he Con t ract or
ove rcharg e s
t he
WSLCB,
che cks shall be mai le d wi t h t he hard
copy
cre d i t me mos PO BOX 43085
Oly mpi a
W A 98504.
CONTRACT ADMI NI STRATI ON
All au t hori ze d commu n i cat i on
re g ard i n g
t hi s con t ract shall occu r be t we e n t he Con t ract or’s
Au t ho1"ze d
Re pre se n t at i ve
or
d e si g n e e
an d t he WSLCB Con t ract Ad mi n i st rat or or d e si g n e e .
Con t ract or’s Au t hod ze d Re pre se n t at i ve
I
WSLCB Con t ract Ad mi n i st rat or
I
Con t ract or’s Au t hori ze d
Re pre se n t at i ve
Name
Wi lli an ) Jami e son
Washi n g t on
St at e
Li qu or
Con t rol Board
PO BOX 47700 PO Box 43090
Phoe n i x, Ari zon a 85068
Oly mpi a,
W A 98504
Phon e :
(602)
332-0748 Phon e :
(360)
664-
Emai l ad d re ss:
WJ@420Pat i e n t s.com
Emai l ad d re ss: En t e r Emai l
I I
CONTRACT NO. K430 Pag e
4 of 30
00005679
ORDER OF PRECEDENCE
Each of the exhibits listed below is
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:
1.
Applicable
federal and state
ofWashingt01
tatutes and
regulations
2.
S pecial
tenns and conditions as contained in this basic contract instrument
3. Exhibit A -General Terms and Conditions
4. Exhibit B -
Request
for
Proposals
No. K430
5. Exhibit C -Contractor’s
Proposal
dated 2/15/2013
6.
Any
other
provision,
term or material
incorporated
herein
by
reference or otherwise
incorporated
APPROVAL
The
signatories
to this Contract
represent
that
they
have the
authority
to bind their
respective
organizations
to this Contract.
In Witness
Whereof,
the
parties he.reto, having
read this Contract in its
entirety, inclnding
all
attachments,
do
agree
in each and
every particular
and have thus set their hands hereunto.
For Contl’actor: Project Manager
for WS LCB:
(Contractor
Authorized
Representative S ignature) (Date) (S ignature) (Date)
Washington
S tate
Liqnor
Control Board
CANNABIS NETWORK 3000 Pacific Ave S E
Contractor Name S OLUTIONS A"encv Name Olvmpia,
WA 98504
Print Name WILLIAM JAMIES ON Print Name
Telephone
No. 602-332-0748 Telenhone No.
Email WJ 420Patients.com Email
Authorizing
WS LCB Contract
Manager Approval
Print Name Date
S ignatm’e
Email
Phone .
CONTRACT NO. K430 Page
5 of 30
00005680
EXHIBIT A-
GENERAL TERMS AND CONDITIONS
DEF INITIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
ACCEPTANCE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ERROR! BOOKMARK NOT DEF INED.
ADMINISTRATIVE SUSPENSION . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ADV ANCE PAYMENTS PROHIBITED. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
ADVERTISING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ALTERNATIVE DISPUTE RESOLUTION F EES AND COSTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
AMENDMENTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
AMERICANS WITH DISABILITIES ACT
(ADA)
OF
1990.
PUBLIC LAW 101-336, ALSO REF ERRED TO
AS THE "ADA" 28 CF RPART35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ANTITRUST
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
ASSIGNMENT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0
ASSURANCES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 0
ATTORNEYS’ F EES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CHANGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
COMMENCEMENT OF WORK. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF IDENTIALITY/SAF EGUARDING OF INF ORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF LICT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
CONF LICT OF INTEREST. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONF ORMITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
CONTRACTOR
COMMITMENTS,
WARRANTIES AND REPRESENTATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
COST OF REMEDY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
COVENANT AGAINST CONTINGENT F EES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
DETERMINATION OF STANDARD OF
QUALITY/CONSISTENCY
OVER TERM OF CONTRACT11
DISALLOWED COSTS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
DISPUTES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
ENTIRE AGREEMENT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 12
EQUIPMENT
DEMONSTRATION COMPLIANCE INSPECTIONS ERROR! BOOKMAill( NOT DEF INED.
ESTABLISHED BUSINESS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
F ORCE MNEURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
GIF TS AND GRATUITIES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
GOVERNING LAW. . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
INCORPORATED DOCUMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
INDEMNIF ICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
IDENTIF ICATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INDEPENDENT CAPACITY OF THE CONTRACTOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INDUSTRIAL INSURANCE COVERAGE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INSPECTION AND REJECTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
INSURANCE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
LEGALNOTICES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
LICENSING,
ACCREDITATION AND REGISTRATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIENS,
CLAIMS AND ENCUMBRANCES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIMITATION OF AUTHORITY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIMITATION OF LIABILITy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
LIQUIDATED DAMAGES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
MATERIALS AND WORKMANSHIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
MATERIAL BREACH
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18
NO ADDITIONAL CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . 19
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NONDISCRIMINATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
NON-EXCLUSIVE REMEDIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
OPPORTUNITY TO CURE
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
CONTRACT NO. K4 30
Page
6 of 30
00005681
ORDER FULFILLMENT
REQ UIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ERROR! BOOKMARK NOT DEFINED.
OS HA AND WIS HA
REQ UIREMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19
OVERPAYMENTS TO C ONTRAC TOR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
20
PERS ONAL LIABILITy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20
PRIC E INC REAS ES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PRIC E PROTEC TION
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21
PRIVAC y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PROBLEM RES OLUTION AND DIS PUTES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
PUBLIC ITy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
REC ORDS MAINTENANC E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
REGIS TRATION WITH DEPARTMENT OF REVENUE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
RETENTION OF REC ORDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
RIGHT OF INS PEC TION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
S AVINGS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ERROR! BOOKMARK NOT DEFINED.
S ERVIC E EX PEC TATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ERROR! BOOKMARK NOT DEFINED.
S EVERABILITY
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
S HIPPING AND RIS K OF LOS S
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ERROR! BOOKMARK NOT DEFINED.
S ITE S EC URITy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
S TATEWIDE VENDOR PAYMENT REGIS TRATION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
S UBC ONTRAC TING
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23
S UPERVIS ION AND C OORDINATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
S URVIVORS HIP. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
TAX ES ,
FEES AND LIC ENS ES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24
TERMINATION BY MUTUAL AGREEMENT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
TERMINATION FOR C AUS E. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
TERMINATION FOR C ONFLIC T OF INTERES T. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
TERMINATION FOR C ONVENIENC E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
TERMINATION FOR NON-ALLOC ATION OF FUNDS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
TERMINATION FOR WITHDRAWAL OF
AUTHORITy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
TERMINATION PROC EDURES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 .
TITLE TO PRODUC T
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
TRAINING
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ERROR! OOKMAIU( NOT DEFINED.
TREATMENT OF AS S ETS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27
WAIVER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
WARRANTIES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
EX HIBIT B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
EX HIBIT C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 0
DEFINITIONS
As used
throughout
this
contract,
the
following
terms shall have the
meaning
set forth below:
A.
"Acceptance"
-- The
materials, supplies, services,
and/or
equipment
have
passed appropriate
inspection.
In the event that there is a formal
Acceptance Testing period required
in the
S olicitation document then
acceptance
is formalized in
writing.
If there is no
Acceptance
Testing, acceptance may
occur when the Products are delivered and
inspected.
B.
"Acceptance Testing"
-- The
process
for
ascertaining
that the
materials, supplies, services,
and/or
equipment
meets the standards set forth in the
S olicitation, prior
to
Acceptance by
the
WS LC B.
C ONTRAC T NO. K4 3 0
Page
7 . of 3 0
00005682
C. "WSLCB" --shall mean the
Liquor
Control Board of the State of
Washington, any
division,
sec tion, offic e,
unit or other
entity
of the
WSLCB, or
any
of the offic ers or other offic ials
law fully rep resenting
that WSLCB.
D.
"Agent"
--shall mean the
Direc tor,
and/or the
rep resentative
authorized in
w riting
to ac t on the
Direc tor’s
behalf, or Contrac tor’s authorized
rep resentative ac ting on behalf of the Contrac tor.
E. "Amendment" --For the
p urp oses
of this
Contrac t,
shall mean an
agreement
betw een the
p arties
to
c hange
this Contrac t after it is
fully signed by
both
p arties.
Suc h
agreement
shall be
memorialized in a w ritten doc ument
desc ribing
the
agreed up on c hange inc luding any
terms
and c onditions
required
to
sup p ort
suc h
c hange.
An Order Doc ument shall not c onstitute an
Amendment to this Contrac t.
F. "Business
Days"
--
Monday through Friday,
8:00 a.m. to 5:00
p .m.,
Pac ific
Time, exc ep t
for
holidays
observed
by
the state of
Washington.
G. "Calendar
Days"
--Consec utive
days
of the
year inc luding
w eekends and
holidays,
eac h of
w hic h c ommenc e at 12:00:01 a.m. and end at
Midnight,
Pac ific Time. When
"days"
are not
sp ec ified,
Calendar
Days
shall
p revail.
H. "Contrac t" --An
agreement,
or mutual
assent,
betw een tw o or more
c omp etent p arties
w ith the
elements of the
agreement being offer, ac c ep tanc e, c onsideration,
and
legal binding.
I . "Contrac t Administrator" --The
p rimary
c ontac t for the WSLCB
regarding
this c ontrac t.
J. "Contrac tor"
--shall mean that
finn, p rovider, organization,
individual or other
entity
p roviding goods
and or servic e( s)
under this
c ontrac t,
and shall inc lude all
emp loyees
of the
Contrac tor.
K. "Contrac tor’s Authorized
Rep resentative"
--An individual or
agent designated by
the
Contrac tor to ac t on its behalf and w ith the
authority
to
legally
bind the Contrac tor
c onc erning
the terms and c onditions set forth in Solic itation and Contrac t doc uments.
L.
"I nsp ec tion"
--An examination of delivered
material, sup p lies, servic es,
and/or
equip ment
p rior
to
Ac c ep tanc e
aimed at
fonning a judgment as to w hether suc h delivered items are w hat
w as ordered, w ere p rop erly
delivered and
ready
for
Ac c ep tanc e. I nsp ec tion may
inc lude a high
level visual examination or a more
thorough
detailed examination as is
c ustomary
to the
typ e
of
p urc hase, as set forth in the solic itation doc ument and/or as
agreed
betw een the
p arties.
I nsp ec tion
shall be
ac lrnow ledged by an authorized
signature
of the WSLCB.
M. "I nvitation For Bids"
( I FB)
--TI le form utilized to solic it Bids in the
formal,
sealed Bid
p roc edure
and
any
amendments thereto issued in
w riting by.
the WSLCB.
Sp ec ific ations
and
qualific ations are c learly
defined.
N. "Lead Time/After
Rec eip t
of Order
( ARO) "
--The
p eriod
of time betw een w hen the Contrac tor
rec eives the order and the WSLCB rec eives the
materials, sup p lies, equip ment,
or servic es
order.
O. "Order Doc ument" --A w ritten
c ommunic ation,
submitted
by
the WSLCB to the
Contrac tor,
w hic h details the
sp ec ific
transac tional elements
required by
the WSLCB w ithin the
sc op e
of
this Contrac t suc h as delivery date, size, c olor, c ap ac ity,
etc . An Order Doc ument
may inc lude,
but is not limited to
p m-c hase orders,
w ork order or other
w ritings as
may
be
designated by
the
p arties
hereto. No additional or alternate terms and c onditions on suc h w ritten c ommunic ation
shall
ap p ly
unless authorized
by
this Con!mc t and
exp ressly agreed
betw een the WSLCB and
the Contrac tor.
P.
"Prop osal"
--A w ritten offer to
p erform a Contrac t to
sup p ly materials, sup p lies, servic es,
andlor
equip ment
in
resp onse
to a Request
for
Prop osal ( RFP) .
CONTRACT NO. K430
Page
8 of 30
00005683
Q.
"Request
for
Proposals (RFP)"
--The fonn utilized to solicit
Proposals
in the
fonnal,
sealed
Bid
procedure
and
any
amendments thereto issued in
writing by
the WSLCB. The
specifications
and
qualification requirements are written in an outcome based fonn
allowing
for consideration of a broad
range
of different solutions to meet the
procurement
need.
R. "Subcontractor" --shall mean one not in the
employment
of the
Contractor,
who is
perfonning
all or
part
of those services under this contract nuder a
separate
contract with the Contractor.
ADMINISTRATIVE SUSPENSION
When in the best interest of the
WSLCB,
the WSLCB
may
at
any time,
and without
cause, suspend
the Contract or
any portion
thereof for a period
of not more than
thirty (30)
calendar
days per
event
by
written notice from the Contract Administrator to the Contractor’s
Representative.
Contractor
shan resume
perfonnance
on the next business
day following
the 30’h
day
of
suspension
unless an
earlier
resumption
date is
specified
in the notice of
suspension.
If no
resumption
date was specified
in the notice of
suspension,
the Contractor can be demanded and
required
to resume perfonnance
within the
thirty (30) day suspension period by
the Contract Administrator
providing
the
Contractor’s
Representative
with written notice of such demand.
ADVANCE PAYMENTS PROHIBITED
No
payments
in advance of or in
anticipation
of
goods
or services to be
provided
nuder this
contract shall be made
by
the WSLCB.
ADVERTISING
Contractor shall not
publish
or use
any
information
concerning
this Contract in
any
format or
media for
advertising or
publicity
without
prior
written consent from the Contract Administrator.
ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS
In the event that the
parties engage
in
arbitration,
mediation or
any
other alternative
dispute
resolution forum to resolve a dispute
in lieu of
litigation,
both
parties
shall share
equally
in the cost
of the alternative
dispute
resolution
method, including
cost of mediator or arbitrator. In
addition,
each
party
sbal! be
responsible
for its own
attorneys’
fees incurred as a result of the alternative
dispute
resolution method.
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 teleCOlmnunications.
ANTITRUST
The WSLCB maintains
tl1at,
in actual
practice, overcharges resulting
from antitrust violations are
borne
by
the WSLCB.
Therefore, the, Contractor
hereby assigns
to the WSLCB
any
and all of the
Contractor’s claims for such
price fixing or
overcharges
which arise under federal or state antitrust
laws, relating
to the
materials, supplies,
services and/or
equipment purchased
under this Contract.
CONTRACT NO. K430
Page
9 of 30
00005684
ASSIGNMENT
Neither this
contract, nor
any
claim
arising
under this
contract,
shall be transferred or
assig ned by
the Contractor without
p rior
written consent of the WSLCB.
ASSURANCES
The WSLCB and the Contractor
ag ree
that all
activ ity p l.lrsuant
to this contract will be in
accordance with all the
ap p licable
current federal, state and local
laws, rules,
and
reg l.llations.
ATTORNEYS’ FEES
In the ev ent
oflitig ation or other action
broug ht
to enforce contract
tenns,
each
p arty ag rees
to bear
its own
attorney
fees’ and costs.
CHANGES
The WSLCB reserv es the
rig ht
to
modify
this Contract
by
ml.ltual
ag reement
between the WSLCB
and the
Contractor, so long as such modification is
substantially
within the
scop e
of the
orig inal
Contract.
Alterations to
any
of
thl’ tenns, conditions, or requirements
of this Contract shall
only
be effectiv e
up on
written issuance of a mutually ag reed
Contract Amendment
by
the Contract Administrator.
COMMENCEMENT OF WORK
No work shall be
p erformed by
Contractor until this Contract is executed
by
the Contractor and the
WSLCB and is receiv ed
by
the Contractor.
CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
The Conlractor shall not use or disclose
any
infonnation
concerning
the
WSLCB, or information
that
may
be classified as confidential,
for
any p urp ose
not
directly
connected with the
administration of this
contract, excep t
with
p rior
written consent of the
WSLCB, or as
may
be
required by
law.
CONFLICT
To the extent
p ossible,
the terms of this Contract shan be read
consistently.
CONFLICT OF INTEREST
Notwithstanding any
determination
by
the Executiv e Ethics Board or other
tribtmal,
the WSLCB
may,
in its sole
discretion, by
written notice to the Contractor terminate this contract ifit is found
aner due notice and examination
by
the
Ag ent
that there is a v iolation of the Ethics in Public
Serv ice
Act, Chap ter
42.52
RCW; or
any
similar statute
inv olv ing
the Contractor in the
p rocurement of, or
p erformance
under this contract.
In the ev ent this contract is tennin.ted as p rov ided abov e,
the WSLCB shall be entitled to
p ursue
the same remedies
ag ainst
the Contractor as it could
p ursue
in the ev ent of a breach of the contract
by
the Contractor. The
rig hts
and remedies of the WSLCB
p rov ided
for in this clause shall not be
exclusiv e and are in addition to
any
otller
rig hts
and remedies
p rov ided by
law. The existence of
facts
up on
which the
Ag ent
makes
any
determination under this clause shall be an issue and
may
be
rev iewed as
p rov ided
in the
"Disp utes"
clause ofthis contract.
CONFORMITY
If
any p rov ision
of this Contract v iolates
any
Federal or State of
Washing ton
statute or rule of
law,
it is considered modified to conform to that statute or rule of law.
CONTRACT NO. K430
Pag e
10 of 30
00005685
CONTRACTOR
COMMITMENTS,
WARRANTIES AND REPRESENTATIONS
Any
written commitment
by
Contractor within the
scope
of this Contract shall be
binding upon
Contractor. Failure of Contractor to fulfill such a commitment
may
constitute breach and shall
render Contractor liable for
damages
under the tenns of this Contract. For
purposes
of this
section,
a commitment
by
Contractor includes:
( i) Prices, discounts,
and
options
committed to remain in
force over a
specified period
of
time;
and
( ii) any warranty
or representation
made
by
Contractor in
its
Response
or contained in
any
Contractor or manufacturer
publications,
written
materials,
schedules, charts, diagrams, tables, descriptions,
other written
representations,
and
any
other
communication medium
accompanying
or referred to in its
Response
or used to effect the sale to
WSLCB.
COST OF REMEDY
Cost of
Remedying
Defects: All
defects,
indirect and
conseq uential
costs of
correcting, removing
or
replacing any
or all of the defective materials or
eq uipment
will be
charged against
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
securing
business.
The WSLCB 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.
DETERMINATION OF STANDARD OF
QUALITY/CONSISTENCY
OVER TERM OF
CONTRACT
If,
in the sole
judgment
of the
WSLCB, any
item is determined not to be an eq ual,
the WSLCB
may
take
any
or all of the
following
actions:
I. the
product may
be returned at Contractor’s
expense;
2. the contract
may
be terminated without
ny liability
to the WSLCB
DISALLOWED COSTS
The Contractor is
responsible
for
any
audit
exceptions
or disallowed costs incurred
by
its own
organization or that of its Subcontractors.
DISPUTES
Except
as otherwise
provided
in this
contract,
when a dispute
arises between the
parties
and it
calmot be resolved
by
direct
negotiation,
either
party may req uest
a dispute hearing
with
Agent.
1. The
req uest
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
CONTRACT NO. K430
Page
11 of 30
00005686
.
Be mailed to the
Agent
and the other
p arty ’ s (res p ondent’ s )
Contract Adminis trator within
three
(3) working
calendar
day s
after the
p arties agree
that
they
cannot res olve the
dis p u te;
2. The
res p ondent
s hall s end a writteu ans wer to the
req u es ter’ s
s tatement to both the
agent
and
the
req u es ter
within five
(5) working
calendar
day s .
3. The
Agent
s hall review the written s tatements and
rep ly
in
writing
to both
p arties
within ten
(10) working day s .
The
Agent may
extend this
p eriod
if
neces s ary by notify ing
the
p arties .
4. The
p arties agree
that this
dis p u te p roces s
s hall
p recede any
action in a j u dicial or
q u as i-
j u dicial
tribu nal.
Nothing
in this contract s hall be cons tru ed to limit the
p arties ’
choice of a
mu tu ally accep table
dis p u te
res olu tion method in addition to the
dis p u te
res olu tion
p rocedu re
ou tlined above.
ENTIRE AGREEMENT
TIlls Contract docu ment and all
s u bs eq u ently
is s u ed amendments
comp ris e
the entire
agreement
between the WSLCB and the Contractor. No other s tatements or
rep res entations ,
written or
oral,
s hall be deemed a
p art
of the Contract.
This Contract s ets forth the entire
agreement
between the
p arties
with
res p ect
to the
s u bj ect
matter
hereof and
excep t
as
p rovided
in the s ection titled Contractor
Commitments ,
Warranties and
Rep res entations , u nders tandings , agreements , rep res entations ,
or warranties not contained in this
Contract or a written amendment hereto s hall not be
binding on eitller
p arty . Excep t
as
p rovided
herein, no alteration of
any
of the
terms , conditions , delivery , p rice, q u ality ,
or
s p ecifications
of this
Contract will be effective withou t the written cons ent of both
p arties .
ESTABLISHED BUSINESS
Prior to
commencing p erfonnance,
or
p rior
to that time if
req u ired by
the
WSLCB,
law or
regu lation,
Contractor mu s t be an es tablis hed bu s ines s finn with all
req u ired licens es , fees ,
bonding, facilities , eq u ip ment
and trained
p ers onnel neces s ary
to meet all
req u irements
and
p erform
the work as
s p ecified
in the Solicitation. Contractor s hall maintain
comp liance
with thes e
req u irements thronghou t
the entire tenn of this contract.
The WSLCB the
right
to
req u ire receip t
of
p roof
of
comp liance
with s aid
req u irements
within ten
(10)
calendar
day s
from the date of
req u es t,
and to terminate this Contract as a material breach for
noncomp liance
with
any req u irement
of this
p aragrap h.
FORCE MAJEURE
The term "force
maj eme" means an occmrence that cau s es a
delay
that is
bey ond
the control of the
p arty
affected and cou ld not have been avoided
by exercis ing
reas onable
diligence.
Force
maj eu re
s hall inclu de acts of
God, war, riots , s trikes , fire, floods , ep idemics , or other s imilar occu rrences .
Excep tions : Excep t
for
p ay ment
of s u ms du e,
neither
p arty
s hall be liable to the other or deemed in
breach u nder this Contract
if,
and to the extent
that,
s u ch
p arty ’ s p erformance
of this Conh’ act is
p revented by reas on of force
maj eme.
Notification: If either
p arty
is
delay ed by
force
maj eme,
s aid
p arty
s hall
p rovide
written
notification within
forty - eight (48)
homs . The notification s hall
p rovide
evidence of the force
maj eu re
to the s atis faction of the other
p arty .
Su ch
delay
s hall ceas e as s oon as p racticable
and
written notification of s ame s hall likewis e be
p rovided.
So far as cons is tent with the
Rights
Res erved
below,
the time of
comp letion
s hall be extended
by
Conh’ act amendment for a
p eriod
of
time
eq u al
to the time that the res u lts or effects of s u ch
delay p revented
the
delay ed p arty
from
p erfonning
in accorda"ce with this Contract.
CONTRACT NO. K430
Page
12 of 30
00005687
Rights
Reserved: The WSLCB reserves the
right
to authorize anamendment to this
Contract,
terminate the
Contract,
and/or
purchase materials, supplies, equipment
and/or services from the
best available source during
the time of force
majeure,
and Contractor shall have no recourse
against
the WSLCB.
.
GIFTS AND GRATUITIES
Contractor shall
comply
with all state laws
regarding gifts
and
gratuities, including
but not limited.
to: RCW 39.26.020
,
RCW
42.52.150,
RCW
42.52.160,
and RCW 42.52.170 under which it is
unlawful for
any person
to
directly
or indirectly offer, give
or
accept gifts, gratuities, loans, trips,
favors, special discounts, services, or
anything
of economic value in
conjunction
with state
business or contract activities.
Under RCW 39.26.020 and the Ethics inPublic Service
Law, Chapter
42.52 RCW state officers
and
employees
are prohibited
from
receiving, accepting, taking
or
seeking gifts (except as
pennitted by
RCW
42.52.150)
if the officer or
employee participates
incontractual matters
relating
to the
purchase
of
goods
or services.
GOVERNING LAW
This contract shall be construed and
interpreted
inaccordance with the laws of the State of
Washington,
and the venue of
any
action
brought
hereunder shall be inthe
Superior
Court for
Thurston
County.
INCORPORATED DOCUMENTS
Each of the docmnents listed below
is, by
this
reference, incorporated
into this Contract as though
fully
set forth herein.
1. WSLCB RFP K430 with all attachments and
exhibits,
and all amendments thereto
2. Contractor’s
response
to RFP K430 dated 2/15/2013
3. The terms and conditions contained onWSLCB’s Order
Documents,
if
used;
and
4. All Contractor or manufacturer
publications,
writtenmaterials and
schedules, charts, diagrams,
tables, descriptions,
other written
representations
and
any
other
supporting
materials Contractor
made available to WSLCB and used to affect the sale of the Product to the WSLCB.
INDEMNIFICATION
To the fullest extent
permitted by law,
Contractor shall
indenmify, defend,
and hold hannless the
WSLCB and all
officials, agents
and
employees
of the
WSLCB,
from and
against
all claims for
injmies
or death
arising
out of or
resulting
from the
performance
of the contract. "Claim," as used
inthis
contract,
means
any
finallcial1oss, 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
oftangible property including
loss of use resulting
there from.
Contractor’s
obligations
to
indemnify, defend,
and hold harmless includes
any
claim
by
Contractor’s
agents, employees, representatives,
or
any
Subcontractor or its
employees.
Contractor
expressly agrees
to
indemnify, defend,
and hold harmless the WSLCB for
any
claim
arising
out of or incident to Contractor’s or
any
Subcontractor’s
performance
or failure to
perform
the conlract. Contractor’s
obligation
to
indemnify, defend,
and hold harmless the WSLCB shall
not be eliminated or reduced
by any
aclual or alleged
concun’ent
negligence
of WSLCB or its
agents, agencies, employees
and officials.
CONTRACT NO. K430
Page
13 of 30
00005688
Contractor waives its
immunity
under Title 51 RCW to the extent it is
required
to
indemnify,
defend and hold harmless WSLCB and its
agencies, officials, agents
or
employees.
IDENTIFICATION
All
invoices, packing lists, packages,
instruction
manuals, c01Tespondence, shipping notices,
shipping containers,
and other written materials associated with tins Contract shall be identified
by
the Contract number.
Packing
lists shall be enclosed Witll each
shipment
and
clearly identify
all
contents and
any
backorders.
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 perfomling
under iliis contract are not
employees or
agents
of ilie WSLCB. The Contractor will not hold himse1herself out as or claim to be an officer
or
employee
ofilie WSLCB or of the State of
Washington by
reason hereof, nor will the Contractor
make
any
claim of
right, privilege or benefit that would accrue to such
employee
under law.
Conduct and control of the work will be
solely
with ilie Contractor.
INDUSTRIAL INSURANCE COVERAGE
The Contractor shall
comply
with the
provisions
of Title 51
RCW,
Industrial Insnrance. If ilie
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,
WSLCB
may
collect from the Contractor the
full amount
payable
to ilie Industrial Insurance accident fund. The WSLCB
may
deduct the
amount owed
by
the Contractor to the accident fund from the amount
payable
to the Contractor
by
the WSLCB under this
contract,
and transmit the deducted amount to the
Department
of Labor and
Industries, (L&I)
Division ofInsurance Services. This
provision
does not waive
any
ofL&I’s
rights
to collect from the Contractor.
INSPECTION AND REJECTION
The WSLCB’s
inspection
of all
materials, supplies
and
equipment upon delivery
is for the
purpose
of
forming a judgment as to whether such delivered items are what was ordered, were
properly
delivered and
ready
for
Acceptance.
Such
inspection
shall not be construed as final
acceptance,
or
as
acceptance
of the
materials, supplies
or
equipment,
if the
materials, supplies or
equipment
does
not conform to contractual
requirements.
If iliere are
any apparent
defects in the
materials,
supplies, or
eqnipment
at the time of
delivery,
the WSLCB will
promptly notify
the Contractor.
Without
limiting any
other
rights,
the WSLCB
may require
the Contractor to:
(1) repair or
replace,
at Contractor’s
expense, any
or all of the
damaged goods; (2)
refund the
price
of
any
or all of the
damaged goods;
or
(3) accept
the return of
any
or all of the
damaged goods.
INSURANCE
The Contractor shall
provide
insurance
coverage
as set out in this section. The intent of ilie
required
insurance is to
protect
the WSLCB 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
perfonning
under the tenns of this contract.
Contractor
shall,
at their own
expense,
obtain and
keep
in force insurance as follows until
completion
of the Contract. Wifuin fifteen
(15)
calendar
days
of
receipt
of notice of
award,
the
Contractor shall furnish evidence in ilie fOffil of a certificate of insurance
satisfactory
to the
WSLCB that
insurance,
in the
following
kinds and m nmum
amounts,
has been secured. Failure
to
provide proof
of
insurance, as
required, may
result in Contract cancellation.
CONTRACT NO. K430
Page
14 of 30
00005689
Contractor shall include all Subcontractors as insureds under all
required
insurance
p olicies, or
shall furnish
sep arate
Certificates of Insurauce aud endorsements for each Subcontractor.
Subcontractor( s)
must
comp ly fully
with all insurance
requirements
stated herein. Failure of
Subcontractor( s)
to
comp ly
with insurance
requirements
does not limit Contractor’s
liability
or
resp onsibility.
All insurance
p rovided
in
comp liauce
with this Contract shall be
p rimary as to
auy
other insurauce
or self-insurance
p rograms
afforded to or maintained
by
the state.
Sp ecific Requirements:
Emp loyers L iability ( Stop Gap ) :
The Contractor will at all times
comp ly
with all
ap p licable
workers’
comp ensation, occup ational disease,
and
occup ational
health and
safety laws, statutes,
and
regulations
to the full extent
ap p licable
and will maintain
Emp loyers L iability
insurance with a
limit of no less thau
$1, 000, 000.00.
The WSL CB will not be held
resp onsible
in
any way
for
claims filed
by
the Contractor or their
emp loyees
for services
p erformed
under the tenns of this
Contract.
Commercial General
L iability
Insurauce: The Contractor shall at all times
during
the term of this
Contract, carry
and maintain commercial
general liability
insurauce aud if
necessary,
commercial
umbrella insurance for
bodily inj ury
and
rop erty damage arising
out of services
p rovided
under
this Contract. This insurance shall cover such claims as
may
be caused
by auy act, omission, or
negligence
of the Contractor or its
officers, agents, rep resentatives, assigus,
or servauts.
The insurance shan also cover bodily inj ury, including disease,
illness and
death,
and
p rop erty
damage arising
out of the Contractor’s
p remises/ op erations, indep endent Contractors,
p roducts/ comp leted op erations, p ersonal inj ury
aud
advertising inj ury,
and contractual
liability
( including
the tort
liability
of auother assumed in a business
Contract) ,
aud contain
sep aration
of
insured’s
( cross liability)
conditions.
Contractor waives all
rights against
the WSL CB for the
recovery
of
damages
to the extent
they are
covered
by general liability or umbrella insurance.
The limits of
liability
insurance shall not be less than as follows:
General
Aggregate
L imits
( other
than
p roducts-comp leted $2, 000, 000
op erations)
Products-Comp leted Op erations Aggregate $2, 000, 000
Personal aud
Advertising Inj ury Aggregate $1, 000, 000
Each Occurrence
( ap p lies
to all of the
above) $1, 000, 000
Fire
Damage
L imit
( p er occurrence) $ 50, 000
Medical
Exp ense
L imit
( auy one p erson) $ 5, 000
Business Auto
Policy
( BAP) : In the event that services delivered
p ursuant
to this Contract involve
the use of
vehicles, or the
trausp ortation
of
clients,
automobile
liability
insurance shall be
required.
The
coverage p rovided
shall
p rotect against
claims for
bodily inj ury, including illness, disease,
and
death;
and
p rop erty damage
caused
by
au occurrence
arising
out of or in
consequence
of the
p erformance
of this service
by
the
Contractor, Subcontractor, or
anyone emp loyed by
either.
Contractor shall maintain business auto
liability and,
if
necessary,
commercial umbrella
liability
insurance with a combined
single
limit not less than
$1, 000, 000 p er
occurrence. The business auto
liability
shall include Hired and Non-Owned
coverage.
Contractor waives all
rights against
the WSL CB for the
recovely
of
damages
to the extent
they are
covered
by
business auto
liability
or commercial umbrella
liability
insurauce.
Additional Insurance Provisions: All above insurance
p olicies
shall
include,
but not be limited
to,
the
following p rovisions:
CONTRACT NO. K430
Page
15 of 30
00005690
Additional Insnred: The WSLCB shall be named as an additional insnred on all
g eneral liability ,
nmbrella, excess,
and
property
insurance
policies.
All
policies
shall be
primary over
any
other
valid and collectable insurance.
Notice
ofPolicy <iesl
Cancellation/Noncrenewal: For insurers
subject
to
Chapter
48. 18 RCW
(Admitted
and
reg ulated by
the
Washing ton
State Insurance
Commissioner) a written notice shall
be
g iven
to the Contract Administrator
forty - five (45)
calendar
day s prior
to cancellation or
any
material
chang e
to the
policy (ies) as it relates to this Contract. Written notice shall include the
affected Contract reference number.
Sumlus Lines: For insurers
subject
to
chapter
48. 15 RCW
(Surplus Lines) a written notice shall be
g iven
to the Contract Administrator
twenty (20)
calendar
day s prior
to cancellation or
any
material
chang e
to the
policy (ies) as it relates to this Contract. Written notice shall include the affected
Contract reference number.
Cancellation for
Non- pay ment
to Premium: If cancellation on
any policy
is due to
non- pay ment
of
premium,
a written notice shall be
g iven
the Contract Administrator ten
(10)
calendar
day s prior
to
cancellation. Written notice shall include the affected Contract reference number.
Identification:
Policy (ies)
and Certificates of Insurance shall include the affected Contract
reference number.
Insurance Carrier
Rating :
The insurance
required
above shall be issued
by
an insurance
company
authorized to do business within the State of
Washing ton.
Insurance is to be
placed
with a carrier
that has a rating
of A- Class VII or better in the most
recently published
edition ofBes!’s
Reports.
Any exception
must be reviewed and
approved by
the Risk
Manag er
for the State of
Washing ton,
by submitting a
copy
of the Contract and evidence of insurance before Contract commencement. If
an insurer is not
admitted,
all insurance
policies
and
procedures
for
issuing
the insurance
policies
must
comply
with
Chapter
48. 15 RCW and
Chapter
284- 15 WA
.
Excess
Coverag e:
The limits of all insurance
required
to be
provided by
the Contractor shall be no
less thml the minimum muounts
specified. However, coverag e
in the amounts of these minimum
limits shall not be construed to relieve the Contractor from
liability
in excess of such limits.
Limit
Adjustments:
The WSLCB reserves the
rig ht
to increase or decrease limits as
appropriate.
LEGAL NOTICES
Any
notice or demand or other communication
required or permitted
to be
g iven
under this
Contract or applicable
law
(except
notice of
malfunctioning Equipment)
shall be effective
only
if it
is in
writing
and
sig ned by
the
applicable party , properly addressed,
and either delivered in
person,
or
by
a recog nized
courier
service, or
deposited
with the United States Postal Service as first- class
mail, postag e prepaid [ certified mail, return
receipt requested,
via facsimile or
by
electronic
mail],
to the Contract Administrator
[ and
fax
numbers,
e- mail addresses
1 provided
in this Contract. For
purposes
of
comply ing
with
any provision
in this Contract or applicable
law that
requires a
" writing , "
such
communication,
when
dig itally sig ned
with a
Washing ton
State Licensed
Certificate,
shall be considered to be " in
writing "
or " written" to an extent no less than if it were in
paper
form.
.
Notices shall be
effectiv<) upon receipt or four
(4)
Business
Day s
after
mailing ,
whichever is earlier.
The notice address as provided
herein
may
be
chang ed by
written notice
g iven as provided
above.
In the event that a
subpoena
or other
leg al process
commenced
by a third party
in
any way
concerning
the
Equipment
or Services
provided pursnant
to this Contract is served
upon
Contractor
or WSLCB,
snch
party ag rees
to
notify
the other
party
in the most
expeditious
fashion
possible
following receipt
of such
subpoena
or other
leg al process.
Contractor and WSLCB further
ag ree
to
CONTRACT NO. K430
Pag e
16 of 30
00005691
cooperate
with the other
party
in
any
lawful effort
by
the o!her
party
to contest !he
leg al v alid ity
of
such
subpoena
or other
leg al process
conunenced
by
a third
party.
LICENSING,
ACCREDITATION AND REGISTRATION
The Contractor shall
comply
with all
applicable local, state,
and fed eral
licensing ,
accred itation and
reg istration req uirements/ stand ard s, necessary
for !he
performance
of this contract.
LIENS,
CLAIMS AND ENCUMBRANCES
All
materials, eq uipment, supplies
and / or serv ices shall be free of all
liens, claims, or
encumbrances of
any kind ,
and if the WSLCB
req uests,
a formal release of same shall be d eliv ered .
LIMITATION OF AUTHORITY
Only
the
Ag ent
or
Ag ent’s d eleg ate by writing ( d eleg ation
to be mad e
prior
to
action)
shall hav e
the
express, implied , or
apparent authority
to
alter, amend , mod ify,
or waiv e
any
clause or
cond ition of this contract. Fur!hermore, any alteration, amend ment, mod ification, or waiv er or
any
clause or cond ition of this contract is not effectiv e or
bind ing
unless mad e in
writing
and
sig ned by
both
parties.
LIMITATION OF LIABILITY
The
parties ag ree
that nei!her Contractor or !he WSLCB shall be liable to each
o!her, reg ard less
of
the form of
action,
for
conseq uential, incid ental, ind irect, or
special d amag es except
a claim related
to
bod ily inj ury
or d eath, or a claim or d emand based on
patent, copyrig ht,
or other intellectual
property rig ht infring ement,
in which case liability
shall be as set forth elsewhere in !his Contract.
This section d oes not
mod ify any
sections
reg ard ing liq uid ated d amag es
or
any
other cond itions as
are elsewhere
ag reed
to herein between the
parties.
The
d amag es specified
in the sections titled
Termination for Default and Retention of Record s are not
conseq uential, incid ental, ind irect, or
special d amag es as that tenn is used in !his section.
Neither the Contractor nor the WSLCB shall be liable for
d amag es arising
from causes
beyond
the
reasonable control and without the fault or neg lig ence
of the Contractor or the WSLCB. Such
causes
may
includ e,
but are not restricted
to,
acts of God or of tlle
public enemy,
acts of a
g ov ernmental bod y
o!her than the WSLCB
acting
in ei!her its
sov ereig n
or contractual
capacity,
war, explosions, fires, flood s, earthq uakes, epid emics, q uarantine restrictions, strikes, freig ht
embarg oes,
and
unusually sev ere weather;
but in
ev ery
case the
d elays
must be
beyond
the
reasonable control and without fault or neg lig ence
of the
Contractor,
the
WSLCB, or their
respectiv e
Subcontractors.
If
d elays
are caused
by
a Subcontractor without its fault or
neg lig ence,
Contractor shall not be
liable for
d amag es
for such
d elays,
unless !he Serv ices to be
performed were obtainable on
comparable
tern1S from other sources in sufficient time to
pennit
Contractor to meet its
req uired
performance
sched ule.
Neither
patty
shall be liable for
personal iq j ury
to the other
pmiy
or
d amag e
to the other
pmiy’s
property except personal inj ury
or
d amag e
to
property proximately
caused
by
such
party’s
respectiv e
fault or
neg lig ence.
LIQUIDATED
DAMAGES
Any d elay by’Contractor
in
meeting
the
Deliv ery Date,
Installation
Date,
maintenmlce or
repair
d ate, or other
applicable
d ate set forth und er this Contract will interfere with !he
proper
implementation
ofWSLCB’s
prog rams
and will result in loss and
d amag e
to WSLCB.
CONTRACT NO. K430
Pag e
17 of 30
00005692
As i t would be
i mpract i cable
t o fi x t he act ual
damage
sust ai ned i n t he event of
any
such
fai lure( s)
t o
perfonn,
WSLCB and Cont ract or
agree
t hat i n t he event of
any
such
fai lure( s)
t o
perform,
t he
amount of
damage
whi ch wi ll be sust ai ned wi ll be t he amount set fort h i n t he
followi ng
snbsect i ons
and t he
part i es agree
t hat Cont ract or shall
pay
such amount s as li q ui dat ed damages
and not as a
penalt y.
Li q ui dat ed damages provi ded
under t he t erms of t hi s Cont ract are subject
t o t he same li mi t at i ons as
provi ded
i n t he sect i on t i t led Li mi t at i on of
Li abi li t y.
If Cont ract or’s mai nt enance
personnel
fai l t o arri ve at WSLCB’s si t e wi t hi n
[ i nsert agreed upon
t i me
peri od]
aft er not i fi cat i on
by
WSLCB t hat mai nt enance i s
req ui red,
Cont ract or shall
pay
t o
WSLCB as fi xed and
agreed li q ui dat ed damages,
i n li eu of all ot her
damages
due t o such non-
responsi veness,
for each hour bet ween t he
agreed [ i nsert agreed upon
t i me
peri od] response
t i me
and t he act ual
response
t i me an amount of
LO~
dollars
[ ( $_O. J] per
hour for each "lat e"
hour or
part
t hereof
( prorat ed) begi nni ng
wi t h t he t i me of not i fi cat i on
by
WSLCB and
endi ng
wi t h
t he t i me t hat Cont ract or’s mai nt enance
personnel
arri ve at t he WSLCB Di st ri but i on Cent er.
MATERIALS AND WORKMANSHIP
The Cont ract or shall be
req ui red
t o furni sh all
mat eri als, suppli es, eq ui pment
and/or servi ces
necessary
t o
perform
Cont ract ual
req ui rement s. Mat eri als, suppli es
and
workmanshi p
used i n t he
const ruct i on of
eq ui pment
for t hi s Cont ract shall conform t o all
appli cable federal, st at e,
and local
codes, regulat i ons
and
req ui rement s
for such
eq ui pment , speci fi cat i ons
cont ai ned
herei n,
and t he
normal uses for whi ch i nt ended.
Mat eri als, suppli es
and
eq ui pment
shall be manufact W’ed i n
accordance wi t h t he best commerci al
pract i ces
and st andards for t hi s
t ype
of
mat eri als, suppli es,
and
eq ui pment .
MATERIAL BREACH
A Cont ract or
may
be Termi nat ed for Cause
by
t he
WSLCB, at t he sole di scret i on of t he Cont ract
Admi ni st rat or,
for
fai li ng
t o
perfonn
a cont ract ual
req ui rement
or for a mat eri al breach of
any
t el1n
or condi t i on. Mat eri al breach of a t erm or condi t i on of t he Cont ract
may
i nclude but i s not li mi t ed
t o:
I. Cont ract or fai lure t o
perform
servi ces or deli ver
mat eri als, suppli es,
or
eq ui pment by
t he dat e
req ui red
or
by
an alt ernat e dat e as
mut ually agreed
i n a wri t t en amendment t o t he
Cont ract ;
2. Cont ract or fai lure t o
carry
out
any warrant y
or fai ls t o
perform
01’
comply
wi t h
any mandat ory
provi si on
of t he
cont ract ;
3. Cont ract or becomes i nsolvent or i n an unsound fi nanci al condi t i on so as t o
endanger
performance hereunder;
4. Cont ract or becomes t he
subject
of
any proceedi ng
under
any
law
relat i ng
t o
bankrnpt cy,
i nsolvency
or
reorgani z at i on,
or reli ef from credi t ors and/or debt ors t hat
endangers
t he
Cont ract or’s
proper performance hereunder;
5.
Appoi nt ment
of
any
recei ver, t rust ee,
or si mi lar offi ci al for Cont ract or or
any
of t he
Cont ract or’s
propert y
and such
appoi nt ment endangers
t he Cont ract or’s
proper performance
hereunder;
6. A det enni nat i on t hat t he Cont ract or i s i n vi olat i on of
federal, st at e, or local laws or regulat i ons
and t hat such det ermi nat i on renders t he Cont ract or unable t o
perform any aspect
of t he
Cont ract .
CONTRACT NO. K430
Page
18 of 30
00005693
NO ADDITIONAL CHARGES
Unless otherwise
sp ec if ied
in the Solic itation no ad d itional
c harges by
the Contrac tor will be
allowed
inc lud ing,
but not limited to:
hand ling c harges
suc h as
p ac 1d ng, wrap p ing, bags,
c ontainers, reels; or the
p roc essing
f ees assoc iated with the use of c red it c ard s.
Notwithstand ing
the
f oregoing,
in the event that market
c ond itions, laws, regulations
or other unf oreseen f ac tors
d ic tate, at the Contrac t Ad ministrators sole
d isc retion,
ad d itional
c harges may
be allowed .
NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
In the event of the Contrac tor’s
non-c omp lianc e or ref usal to
c omp ly
with
any
nond isc rimination
law, regulation,
or
p olic y,
this c ontrac t
may
be
resc ind ed ,
c anc eled or terminated in whole or in
p art,
and the Contrac tor
may
be d ec lared
ineligible
f or f urther c ontrac ts with the WSLCB. The
Contrac tor
shall, however,
be
given a reasonable time in whic h to c ure this
nonc omp lianc e. Any
d isp ute may
be resolved in ac c ord anc e with the
"Disp utes" p roc ed ure
set f orth herein.
NONDISCRIMINATION
During
the
p erf onnanc e
of this
c ontrac t,
the Contrac tor shall
c omp ly
with all f ed eral and state
nond isc rimination
laws, regulations
and
p olic ies.
NON-EXCLUSIVE REMEDIES
The remed ies
p rovid ed
f or in this Contrac t shall not be exc lusive but are in ad d ition to all other
remed ies available und er law.
OPPORTUNITY TO CURE
hl the event that Contrac tor f ails to
p erf onu
a c ontrac tual
requirement
or
materially
breac hes
any
term or c ond ition,
the WSLCB
may
issue a written c ure notic e. The Contrac tor
may
have a p eriod
of time in whic h to c ure. The WSLCB is not
required
to allow the Contrac tor to c ure d ef ec ts if the
op p ortunity
f or c ure is not f easible as d etermined
solely
within the d isc retion of the WSLCB. Time
allowed f or c ure shall not d iminish or eliminate Contrac tor’s
liability
f or
liquid ated or other
d amages, or otherwise af f ec ts
any
other remed ies available
against
Contrac tor und er the Contrac t
or by
law.
If the breac h remains af ter Contrac tor has been
p rovid ed
the
op p ortunity
to
c ure,
the WSLCB
may
d o
anyone
or more of the
f ollowing:
1. Exerc ise
any remed y p rovid ed by law;
2. Tenninate this Contrac t and
any
related Contrac ts or
p ortions thereof ;
3. Proc ure
rep lac ements
and
imp ose d amages
as set f orth elsewhere in this
Contrac t;
4.
Imp ose
ac tual or
liquid ated d amages;
5.
Susp end
or bar Contrac tor f’om
rec eiving
f uture Solic itations or other
op p ortunities;
6.
Require
Contrac tor to reimburse the state f or
any
loss or ad d itional
exp ense
inc urred as a result
of d ef ault or f ailure to
satisf ac torily p erf orm
the tenns of the Contrac t.
OSHA AND WISHA
REQUIREMENTS
Contrac tor
agrees
to
c omp ly
with c ond itions of the Fed eral Oc c up ational Saf ety
and Health
Ad ministration
(OSHA) and ,
if manuf ac tured or stored in the State of
Washington,
the
Washington
hld ustrial
Saf ety
and Health Ac t
(WISHA)
and the stand ard s and
regulations
issued there
und er,
and
c ertif ies that all items f urnished and
p urc hased
will c onf orm to and
c omp ly
with said
laws,
stand ard s
and
regulations.
Contrac tor f urther
agrees
to
ind enmif y
and hold hannless WSLCB f rom all
d amages
CONTRACT NO. K430
Page
19 of 30
00005694
assessed
against
WSLCB as a result of Contractor’s failure to
comply
with those
laws,
standards and
regulations,
and for the failure of the items fumished under the Contract to so comply.
OVERPAYMENTS TO CONTRACTOR
Contractor shall refund to WSLCB the full amount of
any
erroneous
payment
or
overpayment
under
this Contract within
thirty (30) days’
written notice. If Contractor fails to make
timely refund,
WSLCB
may charge
Contractor one
percent (I %) per
month on the amount
due,
until
paid
in full.
OWNERSIDP/RIGHTS IN DATA
The WSLCB and Contractor
agree
that all data and work
products (collectively
called "Work
Product") produced pursuant
to this Contract shall be considered work made for hire under the U.S.
Copyright Act,
17 U.S.C.
~101
et
seq,
and shall be owned
by
the WSLCB. Contractor is
hereby
commissioned to create the Work Product. Work Product
includes,
but is not limited
to, discoveries,
formulae, ideas, improvements, inventions, methods, models, processes, techniques, findings,
conclusions, recommendations, reports, designs, plans, diagrams, drawings, Software, databases,
documents~ pamphlets, advertisements, books, magazines, surveys, studies, computer programs,
films, tapes,
and/or sound
reproductions,
to the extent
provided by
law.
Ownership
includes the
right
to
copyright, patent, register
and the
ability
to transfer these
rights
and all information used to
formulate such Work Product.
If for
any
reason the Work Product would not be considered a work made for hire under
applicable
law,
Contractor
assigns
and transfers to the WSLCB the entire
right,
title and interest in and to all
rights
in the Work Product and
any registrations
and
copyright applications relating
thereto and
any
renewals and extensions thereof.
Contractor shall execute all documents and
perfonn
such other
proper
acts as the WSLCB
may
deem
necessary
to secure for WSLCB the
rights pursuant
to this section.
Contractor shall not use or in
any
manner disseminate
any
Work Product to
any
third
party,
or
represent
in
any way
Contractor
ownership
in
any
Work
Product,
without the
prior
written
permission
of the WSLCB. Contractor shall take all reasonable
steps necessary
to ensure that its
agents, employees,
or Subcontractors shall not
copy
or disclose,
transmit or
perform any
Work
Prodnct or
any portion thereof,
in
any form,
to
any
third
party.
Material that is delivered under this
Contract,
but that does not
originate
therefrom
("Preexisting
Material"),
shall be transferred to the WSLCB with a nonexclusive, royalty- free,
irrevocable license
to
publish, translate, reproduce, deliver, perform, display,
and
dispose
of such
Preexisting Material,
and to authorize others to do so
except
that such license shall be limited to the extent to which
Contractor has a right
to
grant
such a license. Contractor shan exert all reasonable effort to advise the
WSLCB at the time of
delivery
of
Preexisting
Material fumishecl under this
Contract,
of all known or
potential infringements
of
publicity, privacy
or of intellectual
property
contained therein and of
any
portion
of such document which was not
produced
in the
performance
of this Contract. Contractor
agrees
to obtain, at its own
expense, express
written consent of the
copyright
holder for the inclusion
of
Preexisting
Material. the WSLCB shall receive
prompt
written notice of each notice or claim of
copyright infringement or infringement
of other intellectual
property right
worldwide received
by
ContTactor r with
respect
to
any Preexisting
Material delivered under this Contract. The WSLCB
shall have the
right
to
modify
or remove
any
restrictive
marldngs placed upon
the
Preexisting
Material
by
Contractor.
.
CONTRACT NO. K430
Page
20 of 30
00005695
PERSONAL LIABILITY
.
It is
agreed by
and between the
p arties
hereto that in no event shall
any
of f ic ial, of f ic er, emp loyee
or
agent
of the WSLCB when
exec uting
their of f ic ial duties in
good f aith,
be in
any way p ersonally
liable or resp onsible
f or
any agreement
herein c ontained whether
exp ressed or imp lied,
nor f or
any
statement or rep resentation
made herein or in
any
c onnec tion with this
agreement.
PRICE INCREASES
Contrac tor
reqnests
f or
adjustments
in
p ric ing
will be c onsidered at sole disc retion of the WSLCB
only
af ter
exp iration
of the f irm and f ixed
p ric e p eriod,
and then on a
p ass through
basis
only
that
does not
p roduc e
a higher p rof it margin
f or Contrac tor than that established
by
the
original
c ontrac t
p ric ing.
Contrac tors
may
not make extensions
c ontingent
on p ric e adjustments.
Pric e Inc reases will not be c onsidered without
sup p orting
doc umentation snf f ic ient to
justif y
the
requested
inc rease.Doc umentation must be based on p ublished
indic es and/or the resnIt of inc reases
at the manuf ac turer’s
level,
inc urred af ter c ontrac t c ommenc ement date.The
grant
of
any p ric e
adjustment
will be at the sole disc retion of the WSLCB
and,
if
granted,
shall not
p roduc e a higher
p rof it margin
f or the Contrac tor than that established
by
the
original
c ontrac t
p ric ing.Any
adjustments
in
p ric ing
shall be set f orth in a written amendment to the c ontrac t.Pric e
adjustments
granted by
the WSLCB shall remain
unc hanged
f or at least 365 c alendar
days thereaf ter,
and no
request
f or
adjustments
in
p ric e
will be c onsidered
during
that time
p eriod.
PRICE PROTECTION
Contrac tor warrants that
p ric es
of
materials, sup p lies, servic es,
and/or
equip ment
set f orth herein do
not exc eed those
c harged by
the Contrac tor to
any
other c ustomer
p urc hasing
the same under similar
c onditions and in like or similar
quantities.
PRIVACY
Personal inf ormation
inc luding,
but not limited
to,
"Protec ted Health Inf ormation, " c ollec ted, used, 01’
ac quired
in c onnec tion with this c ontrac t shall be
p rotec ted against
unauthorized
use, disc losure,
modif ic ation 01’ loss.Contrac tor shall ensure its
direc tors, of f ic ers, emp loyees,
Subc ontrac tors or
agents
use p ersonal
inf onnation
solely
f or the
p urp oses
of
ac c omp lishing
the servic es set f orth herein.
Contrac tor and its Subc ontrac tors
agree
not to release, divulge, p ublish, transf er,
sell or otherwise
make lmown to unauthorized
p ersons p ersonal
inf ornlation
withollt
the
exp ress
written c onsent of the
WSLCB or as otherwise
required by
law.
Any
breac h of this
p rovision may
result in tennination of the c ontrac t mld the demand f or return of
all
p ersonal
inf onnation.The Contrac tor
agrees
to
indemnif y
and hold harmless the WSLCB f or
any
damages
related to the Contrac tor’s unauthorized use of
p ersonal
inf ormation.
PROBLEM RESOLUTION AND DISPUTES
Problems
arising
out of the
p erf ormanc e
of this Contrac t shall be resolved in a timely
manner at the
lowest
p ossible
level with
authority
to resolve suc h
p roblem.
If a
p roblem p ersists
and c annot be
resolved,
it
may
be esc alated within eac h
organization.
In the event a bona f ide
disp ute c onc erning
a question
of f ac t arises between the WSLCB and
Contrac tor and it c all110t be resolved between the
p arties throngh
the normal esc alation
p roc esses,
either
p arty may
initiate the
disp ute
resolution
p roc edure p rovided
herein.
The
initiating p arty
shall reduc e its
desc rip tion
of the
disp ute
to
Wliting
and deliver it to the
resp onding p arty.
The
resp onding p mty
shall
resp ond
in
writing
within three
(3)
Bnsiness
Days.
The
CONTRACT NO.K430 Page21of
30
00005696
i n i t i a t i n g pa rt y
sha ll ha ve t hree
(3)
Busi n ess
Da ys
t o revi ew t he
respon se.
If a ft er t hi s revi ew a
resolut i on ca n n ot be
rea ched.
bot h
pa rt i es
sha ll ha ve t hree
(3)
Busi n ess
Da ys
t o
n eg ot i a t e
i n
g ood
fa i t h t o resolve t he
di sput e.
If t he
di sput e
ca n n ot be resolved a ft er t hree
(3)
Busi n ess
Da ys, a Di sput e
Resolut i on Pa n el
ma y
be
request ed
i n
wri t i n g by
ei t her
pa rt y
who sha ll a lso
i den t i fy
t he fi rst
pa n el
member. Wi t hi n t hree
(3)
Busi n ess
Da ys
of
recei pt
of t he
request ,
t he ot her
pa rt y
wi ll
desi g n a t e a pa n el
member. Those t wo
pa n el
members wi ll
a ppoi n t a t hi rd i n di vi dua l t o t he
Di sput e
Resolut i on Pa n el wi t hi n t he n ext t hree
(3)
Busi n ess
Da ys.
The
Di sput e
Resolut i on Pa n el wi ll revi ew t he wri t t en
descri pt i on s
of t he
di sput e, g a t her
a ddi t i on a l
i n forma t i on a s n eeded,
a n d ren der a deci si on on t he
di sput e
i n t he short est
pra ct i ca l
t i me.
Ea ch
pa rt y
sha ll bea r t he cost for i t s
pa n el
member a n d sha re
equa lly
t he cost of t he t hi rd
pa n el
member.
Bot h
pa rt i es a g ree
t o be boun d
by
t he det ermi n a t i on of t he
Di sput e
Resolut i on Pa n el.
Bot h
pa rt i es a g ree
t o exerci se
g ood
fa i t h i n
di sput e
resolut i on a n d t o set t le
di sput es pri or
t o
usi n g a
Di sput e
Resolut i on Pa n el when ever
possi ble.
The WSLCB a n d Con t ra ct or
a g ree t ha t ,
t he exi st en ce of a di sput e n ot wi t hst a n di n g , t hey
wi ll con t i n ue
wi t hout
dela y
t o
ca rry
out a ll t llei r
respect i ve respon si bi li t i es
un der t hi s Con t ra ct t ha t a re n ot a ffect ed
by
t he
di sput e.
If t he
subj ect
of t he
di sput e
i s t he a moun t due a n d
pa ya ble by
WSLCB for
ma t eri a ls, suppli es,
servi ces a n d/or
equi pmen t bei n g provi ded by Con t ra ct or,
Con t ra ct or sha ll con t i n ue
provi di n g
ma t eri a ls, suppli es,
servi ces a n d/or
equi pmen t pen di n g
resolut i on of t he
di sput e provi ded
t he
WSLCB
pa ys
Con t ra ct or t he a moun t
WSLCB,
i n
g ood fa i t h,
beli eves i s due a n d
pa ya ble,
a n d
pla ces
i n escrow t he di fferen ce bet ween such a moun t a n d t he a moun t
Con t ra ct or,
i n
g ood fa i t h,
beli eves i s
due a n d
pa ya ble.
PUBLICITY
The Con t ra ct or
a g rees
t o submi t t o t he WSLCB a ll
a dvert i si n g
a n d
publi ci t y
ma t t ers
rela t i n g
t o t hi s
con t ra ct wherei n t he WSLCB’Sn a me i s men t i on ed or
la n g ua g e
used li ’omwhi ch t he con n ect i on of
t he WSLCB’Sn a me
ma y,
i n t he WSLCB’S
j udg men t ,
be i n ferred or
i mpli ed.
The Con t ra ct or
a g rees
n ot t o
publi sh or use such
a dvert i si n g
a n d
publi ci t y
ma t t ers wi t hout t he
pri or
wri t t en con sen t of t he
WSLCB.
RECORDSMAINTENANCE
The Con t ra ct or sha llma i n t a i n
books, records, documen t s,
da t a a n d ot her evi den ce
rela t i n g
t o t hi s
con t ra ct a n d
performa n ce
of t he servi ces descri bed
herei n , i n cludi n g
but n ot li mi t ed t o
a ccoun t i n g
procedures
a n d
pra ct i ces
t ha t
suffi ci en t ly
a n d
properly
reflect a ll di rect a n d i n di rect cost s of
a n y
n a t ure
expen ded
i n t he
perfon n a n ce
of t hi s con t ra ct .
Con t ra ct or sha ll ret a i n such records for a
peri od
of si x
(6) yea rs followi n g
t he da t e of fi n a l
pa ymen t .
At n o a ddi t i on a l
cost ,
t hese
records, i n cludi n g
ma t eri a ls
g en era t ed
un der t he
con t ra ct ,
sha ll be
subj ect
a t a ll rea son a ble t i mes t o
i n spect i on ,
revi ew or a udi t
by
t he
WSLCB, person n el duly
a ut hori zed
by
t lle
WSLCB,
t he Offi ce of t he St a t e
Audi t or,
a n d federa l a n d st a t e offi ci a ls so a ut hori zed
by la w,
reg ula t i on
or
a g reemen t .
If
a n y li t i g a t i on ,
cla i mor a udi t i s st a rt ed before t he
expi ra t i on
of t he si x
(6) yea r peri od,
t he records
sha ll be ret a i n ed n n t i l a ll
li t i g a t i on , cla i ms, or a udi t
fi n di n g s i n volvi n g
t he records ha ve been
resolved.
CONTRACT NO. K430
Pa g e
22of 30
00005697
REGISTRATION WITH DEPARTMENT OF REVENUE
The Contractor shall
complete reg i strati on
wi th the
Washi ng ton
State
Department
of Revenue and be
respousi ble
for
payment
of all taxes due on
payments
made under thi s contract.
RETENTION OF RECORDS
The Contractor shall mai ntai n all
books, records, documents,
data and other evi dence
relati ng
to thi s
Contract and the
provi si on
of
materi als, suppli es,
servi ces and/or
equi pment
descri bed
herei n,
i ncludi ng ,
but not li mi ted
to, accounti ng procedures
and
practi ces
whi ch
suffi ci ently
and
properly
reflect all di rect and i ndi rect costs of
any
nature
expended
i n the
performance
of thi s Contract.
.
Contractor shan retai n such records for a peri od
of si x
(6) years followi ng
the date of fi nal
payment.
At no addi ti onal
cost,
these
records, i ncludi ng
materi als
g enerated
under the
Contract,
shall be
subject
at all reasonable ti mes to
i nspecti on, revi ew, or audi t
by
the
WSLCB, personnel duly
authori zed
by
the
WSLCB,
the
Washi ng ton
State Audi tor’s
Offi ce,
and federal and state offi ci als so
authori zed
by law, reg ulati on or
ag reement.
If
any li ti g ati on,
clai m or audi t i s started before the
expi rati on
of the si x
(6) year peri od,
the records
shall be retai ned unti l fi nal resoluti on of all
li ti g ati on, clai ms, or audi t
fi ndi ng s i nvolvi ng
the records.
RIGHT OF INSPECTION
The Contractor shall
provi de ri g ht
of access to i ts faci li ti es to the
WSLCB, or
any
of i ts
offi cers, or to
any
other authori zed
ag ent
or offi ci al of the state of
Washi ng ton or the federal
g overnment,
at all
reasonable
ti mes,
i n order to moni tor and evaluate
perfonnance, compli ance,
and/or
quali ty assnrance
under thi s contract.
SEVERABILITY
The
provi si ons
of thi s contract are i ntended to be severable. If
any
tenn or provi si on
i s
i lleg al or
i nvali d for
any
reason whatsoever,
such
i lleg ali ty
or
i nvali di ty
shall not affect the
vali di ty
of the
remai nder of the contract.
SITE SECURITY
Whi le on WSLCB
premi ses, Contractor,
i ts
ag ents, employees,
or Subcontractors shall confonn i n
all
respects
wi th
physi cal,
fi re or other
securi ty poli ci es
or
reg ulati ons.
STATEWIDE VENDOR PAYMENT REGISTRATION
Contractors are requi red