r - non-responsive part 1.pdf

405
Washington State liquor Control Board February 22, 2013 Derek Cronkhite Advanced Canna LLC 1059 108’h Ave NE Suite 3 Bellevue, W A 98004 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 [email protected]. 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 00005402

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Page 1: R - Non-Responsive Part 1.pdf

Washington State

liquor Control Board

February 22, 2013

Derek Cronkhite

Advanced Canna LLC

1059 108’h Ave NE Suite 3

Bellevue, W A 98004

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 flrther 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 [email protected].

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

00005402

Page 2: R - Non-Responsive Part 1.pdf

Washington State

liquor Control Board

February 22, 2013

Derek Cronldlite

Advanced Canna LLC

1059 108’h Ave NE Suite 3

BelJevue, W A 98004

Subject: Rejection of Response to Washington State Liquor Control Board (WSLCB) Request for Proposals (RFP) K430, Initiative 502 Consultng 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 disqualijthe 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 [email protected].

a J 111 Farley

0:Jt.7 Procurement coordiecc: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664,1600, www.liq.wa.gov

00005403

Page 3: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Sent:

To:

Subject: Attachments: .

K430

Friday, February 22, 2013 3:41 PM Derek Cronkhite ([email protected]) WSLCB RFP K430 - Rejection Notification

K430_Advanced Canna_Rejection Letter.pdf

Good Afternoon,

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

[email protected]

1

00005404

Page 4: R - Non-Responsive Part 1.pdf

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 [email protected].

~ J lFarley

~ Procurement coordi~rcc: K430 Contract me

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

00005405

Page 5: R - Non-Responsive Part 1.pdf

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

Page 6: R - Non-Responsive Part 1.pdf

00005407

Page 7: R - Non-Responsive Part 1.pdf

SUBCONTRACTOR INFORMATION

lie ble I

o Your firm intends on utilizing 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 through the Contractor.

If revisions are required in the subcontract assignment, new parties are to be proposed in advance of assignment, 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 agreeing 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), Washington 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

Page 8: R - Non-Responsive Part 1.pdf

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

$ ;7500 plhour

Table 2’ Dailv Rate.

Descril!tion NTE Daily Rate .

Not-to-Exceed (NTE) Daily Rate for 1-502$ ~/dayConsulting Services as stated in this RFP

RFP K430 Submittal Document

9

00005409

Page 9: R - Non-Responsive Part 1.pdf

Advanced Canna LLC.

Derek Cronkhite

1059 108th Ave NE #3

Bellevue, WA. 98004 425-241-7383

[email protected] 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

Page 10: R - Non-Responsive Part 1.pdf

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

Page 11: R - Non-Responsive Part 1.pdf

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 liquor 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

Equal rights Any resident that qualifies, as a legitimate business or co-op grower should be allowed to be licensed.

7. Growers Sell By The Pound Not Gram

00005412

Page 12: R - Non-Responsive Part 1.pdf

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 W A 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 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 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

Page 13: R - Non-Responsive Part 1.pdf

.: 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 quality. 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

Page 14: R - Non-Responsive Part 1.pdf

23. State Revenue

Limiting The Number Of Licenses to 100 is equal to $125,000 in license fees for W A. 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

Page 15: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Posted At:

Conversation:

D Cron <[email protected]> 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

[email protected]

1

00005416

Page 16: R - Non-Responsive Part 1.pdf

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 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 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 01’ 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

ofprotes!, 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 tbis 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 tbis Response. Any exceptions to tbese assurances are to be described. 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 reimburse us for any costs incurred in the preparation of this Response. All Responses become the property ofthe WSLCB, and we claim no

proprietary right to the ideas, writings, items or samples unless so stated in the Response. Submission of the attached

Respons 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, [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 / are 1I0t submitting proposed Contract exceptions.

7. The autborized 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, 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 bind the company named below to the Proposal submitted and

any onlract w!ed. eSlO ,citation.

~~~~ L lL .i;;-& ;3

Title ate

RFP K430 Submittal Document

2

00005417

Page 17: R - Non-Responsive Part 1.pdf

00005418

Page 18: R - Non-Responsive Part 1.pdf

SUBCONTRACTOR INFORMATION

lieablc bel":

o Your firm intends on utilizing 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 through the Contractor.

If revisions are required in the subcontract assignment, new parties are to be proposed in advance of assignment, 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 agreeing 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), Washington 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

Page 19: R - Non-Responsive Part 1.pdf

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

Page 20: R - Non-Responsive Part 1.pdf

Advanced Canna LLC.

Derek Cronkhite

1059 108th Ave NE #3

Bellevue, WA. 98004 425-241-7383

[email protected] 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

Page 21: R - Non-Responsive Part 1.pdf

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

Page 22: R - Non-Responsive Part 1.pdf

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 liquor 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

Equal rights Any resident that qualifies, as a legitimate business or co-op grower should be allowed to be licensed.

7. Growers Sell By The Pound Not Gram

00005423

Page 23: R - Non-Responsive Part 1.pdf

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 lcensees 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. W hout 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

Page 24: R - Non-Responsive Part 1.pdf

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 quality. 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.

00005425

Page 25: R - Non-Responsive Part 1.pdf

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

Page 26: R - Non-Responsive Part 1.pdf

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 jtrther 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 [email protected].

cc: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

00005427

Page 27: R - Non-Responsive Part 1.pdf

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 [email protected].

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

Page 28: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:34 AM

[email protected]’ WSLCB RFP K430 - Rejection Notification

K430_Aaron Matlewski_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

[email protected]

100005429

Page 29: R - Non-Responsive Part 1.pdf

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 Infonnatoll, 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 [email protected].

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

Page 30: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Posted At:

Conversation:

AJ Matlewski <[email protected]> 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

[email protected]

Aaron J. Matlewski

838 Zinnia Cir.

Henderson NV 89015

[email protected] (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.

100005431

Page 31: R - Non-Responsive Part 1.pdf

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

Page 32: R - Non-Responsive Part 1.pdf

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 quality 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 tlJis 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 unique 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 requirements 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 ofWaslJington 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

Page 33: R - Non-Responsive Part 1.pdf

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

Page 34: R - Non-Responsive Part 1.pdf

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 quality 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 unique 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 requirements 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

Page 35: R - Non-Responsive Part 1.pdf

Washington State

Liquor Control Board

Febl’Uary 25, 2013

Andrew Fourniel’

607 South Third Street

West Dundee, IL 60118

Subject: Rejection of Response to Wasbington State Liquor Control Boal’d (WSLCB) R.eqllest for Proposals (RFP) K430, Initiative 502 Consulting Services

Dear Mr. Fournier,

This letter is to inform you that your response to Reqnest for Proposals (RFP) K430 has been l’ejected because it failed to c nform to RFP requirements.

Seotion 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 submit the required items listed in this section may disqualij 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 vagne and incomplete, and therefore wlable to be evaluated in accordance with the requirements of RFP K430. Andrew Fournier is thus deemed non- responsive and rejected f’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 fu!\u’e responses. If you have any questions, please feel free to contact me by phone at (360) 664-4526 or email at [email protected].

cc: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

00005436

Page 36: R - Non-Responsive Part 1.pdf

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 [email protected].

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

Page 37: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:35 AM

Andy Fournier ([email protected]) WSLCB RFP K430 - Rejection Notification

K430_Andrew Fournier_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

[email protected]

100005438

Page 38: R - Non-Responsive Part 1.pdf

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 [email protected].

cc: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.llq.wa.gov

00005439

Page 39: R - Non-Responsive Part 1.pdf

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

[email protected]. }> 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

[email protected] inbox. The "receive date/time" posted by the WSLCB’s email system will be used as the official time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’s

systems 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 accompanying 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 anyone 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.

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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

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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 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:

Andrew Fournier

(847) 666-7761

[email protected]

DYES D NO Do you offer a Prompt Payment Discount? If yes, please provide below.

Prompt Payment Discount % _days, net 30 days.

DYES D NO 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:

Catmmrv Description Resnonse AnnIies this Cate!’orv

All ALL Categories (1-4) listed below D

1 Product and hldustry Knowledge ~

2 Product Quality Standards and Testing ~

3 Product Usage and Consumption Validation ~

4 Product Regulation ~

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SUBCONTRACTOR INFORMATION

Check the applicable box:

DYes I2lNo Your firm intends on utilizing 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 through the Contractor.

If revisions are required in the subcontract assigmnent, new parties are to be proposed in advance of

assigmnent, 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 agreeing 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), Washington 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

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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 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 disqualified from further consideration for the award of a contract.

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NON-COST PROPOSAL

Please refrain from using company name or other information that will identify your company while preparing your response for the Non-Cost Submittal. The Washington State Liquor Control Board (WSLCB) reserves the right to modify proposals in order to eliminate company names or any other information that may identify a specific company brand.

CATEGORY 1- PRODUCT AND INDUSTRY KNOWLEDGE

Please answer the questions listed below, attaching additional pages as necessary:

1. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or other expertise in Product and Industry Knowledge, including but not limited to the following:

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 overproduced, contaminated, or recalled

2. Experience. In two (2) pages or less, please describe your firm’s experience in Product and Industry Knowledge as it relates to Marijuana.

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 ofthe project, including any subcontractors. Please define 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 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.

CATEGORY 2 - PRODUCT OUALITY STANDARDS AND TESTING

Please answer the questions listed below, attaching additional pages as necessary:

5. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or expertise in Product Quality Standards and Testing, including but not limited to the following:

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 Marijuana

6. Experience. In two (2) pages or less, please describe your finn’s experience in the Product Quality Standards and Testing field, as it relates to Marijuana.

7. 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 individnals’ particular skills related to this project, education, experience, significant accomplishments and any other pertinent information.

8. 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 to develop a reputable protocol for Product Quality Standards and Testing as requested in this RFP, to determin’e TCH/CBD levels and/or ratios, mold or chemical contaminates, and Product strain.

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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.

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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 tury 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 ta e : al ~ a e

Descrintion NTE Dailv Rate

Not-to-Exceed (NTE) Daily Rate for 1-502$_p/dayConsultino- Services as stated in this RFP

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Stocker, Marlie

From:

Posted At:

Conversation:

Andy Fournier <[email protected]> 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

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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 single email message and send it to

[email protected]. )> 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

[email protected] inbox. The "receive date/time" posted by the WSLCB’s email system will be used as the offIcial time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’s

.systems 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 accompanying 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 anyone 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 expertise required in all Categories described in RFP K430. In order to better leverage resources available for performing the Services required herein, dle WSLCB recommends fuat potential Proposers may form teams that combine

their kuowledge, skills, and abilities into one (1) Proposal to meet the requirements as stated in RFP K430.

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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

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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 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:

Ernail:

Andrew Fournier

(847) 666-7761

[email protected]

Payment Options:

DYES 0 NO Do you offer a Prompt Payment Discount? If yes, please provide below.

Prompt Payment Discount % _days, net 30 days.

DYES 0 NO Will you accept the State’s Purchasing Card (P-Card)?

DYES 0 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:

Cate!’orv Descrinton Resnonse Annlies this Cate!’orv

All ALL Categories (1-4) listed below 0

1 Product and Industry Knowledge ~

2 Product Quality Standards and Testing ~

3 Product Usage and Consumption Validation ~

4 Product Regulation ~

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SUBCONTRACTORINFO~ATION

Check the applicable box:

DYes ~No Your firm intends on utilizing 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 throngh the Contractor.

If revisions are required in the subcontract assignment, new parties are to be proposed in advance of assignment, 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 agreeing 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), Washington 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

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No

No

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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 disqualified from further consideration for the award of a contract.

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NON-COST PROPOSAL

Please refrain from using company name or other information that will identify your company while preparing your response for the Non-Cost Submittal. The Washington State Liquor Control Board (WSLCB) reserves the right to .

modify proposals in order to eliminate company names or any other information that may identify a specific company brand.

CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE

Please answer the questions listed below, attaching additional pages as necessary:

I. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or other expertise in Product and Industry Knowledge, including but not limited to tbe following:

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 overproduced, contaminated, or recalled

2. Experience. In two (2) pages or less, please describe your firm’s experience in Product and Industry Knowledge as it relates to Marijuana.

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 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 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.

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 or less, please describe your firm’s ability, capacity, skills and/or expertise in Product Quality Standards and Testing, including but not limited to the following:

a. Knowledge ofthe 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 Marijuana

6. Expel’ence. In two (2) pages or less, please describe your finn’s experience in the Product Quality Standards and Testing field, as it relates to Marijuana.

7. Staff Qualifications and Capabilities. Please identify staff by narne 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 tbe individuals’ particular skills related to this project, education, experience, significant accomplislnnents and any other pertinent information.

8. 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 to develop a reputable protocol for Product Quality Standards and Testing as requested in this RFP, to determine TCHlCBD levels and/or ratios, mold or chemical contaminates, and Product strain.

RFP K430 Submittal Document

7

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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/ r 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 skills related to this project, 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 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 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 sldlls 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

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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 Ratea

Description NTE Dailv Rate

Not-to-Exceed (NTE) Daily Rate for 1-502$_p/dayConsulting Services as stated in this RFP

RFP K430 Submittal Document

9

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Andrew Scot Fournier

607 South Third Street, West Dundee IL, 60118

(847) 666-7761; [email protected]

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

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Andrew Scot Fournier

2/13/2013

[email protected]

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

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t;1xperience in food production and regulation, I have an idea of how things should be handled relating to the public safety and accountability of producers and retailers relating to the’

consumption of marijuana.

While the possibilities of contamination and recalled product are something that would require more work and reading into the proposed methods of distribution, I have ideas both on what to do with this and over-produced product. One thing to mention at this time is the possibility of donating excess product to medical centers for people with legitimate need of treatments by marijuana such as glaucoma. The idea here is that since supply exceeds demand, excess marijuana can be given to those who may not be able to afford treatment for their

specific ailments either cheaper or relatively free.

. Prodnct Quality Standards and Testing My current position at General Mills and general laboratory experience has given me

strong expertise in a laboratory both in terms of designing and performing routine lab

techniques. I have a basic idea for things to test such as moisture content as a method to determine proper curing time. I am also familiar with the safety measures put in place to safeguard food, which will help me to add ideas on how to better ensure public safety.

I am also involved in sensory evaluations in the food produced in West Chicago. This means that I have experience in what to judge in terms of product quality. While a chemical

analysis can tell you several things, senses allow you to understand the same thing the consumer will experience. I have consumed marijuana in a couple different fonns including smoke, food, and drinks. Therefore, I would be able to not only guide, but participate in testing for product qualities both chemically, and the same way the consumer would.

. Product Usage and Consumption Validation I have no firsthand experience living in Washington state, but I possess an interest in the

local culture, as well as an understanding of economic principles. I feel that the combination of my background, in conjunction with the analysis of clinical and census-based data, will enable me to make intelligent decisions relating to the distribution of marijuana. For example, I feel that monitoring product sales in test locations will yield valuable statistical information in regards to usage, and create actual figures to work from, rather than theoretical ones.

. Product Regulation I an1 familiar with the controlled substance act and 1-502, and would consider it my

responsibility to remain informed on all applicable legislation regarding marijuana regulation, as well as maintaining up-to-date lmowledge as new legislation passes at both the state and federal levels, to ensure that as we. establish the groundwork for this new set of rules, we maintain legal relevancy and credibility. I would also be able to help in areas such as the legal driving threshold while under the influence of marijuana.

My experience in food production at a plant has also given me insight into the regulations set in place by the FDA among other administrations regarding products for consumption. This combined with knowledge of the legal system would allow me to suggest ways to comply or improve the finished

product that reaches the consumer.

. General Skills

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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; [email protected]

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

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. Trained new lab members.

Education:

Northern Illinois University, 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 DiplomaAugust 2003 - May 2007

Achievements:

Traveled to Toronto, Canada to present a research poster for the American Crystallographic Association.

. Eagle Scout - 2007

Dean’s list at Illinois Institute of Technology for three semesters.

Skills:

Knowledge and experience in growing and harvesting plants. Knowledge of various sciences and how they apply to different types oflife. Experience with the use and "market" of marijuana.

Experience at various levels of consumer products and good manufacturing practices. Ability to read maps and demographics of populations. Ability to think of unorthodox ways to solve difficult problems. Experience shipping and receiving various supplies and samples. . Previous experience with HPLC.

Experience in properly and safely making chemical solutions.

Experience in following good manufacturing practices in a food production enviromnent. Able to lead as well as be part of a team in various situations and environments.

Familiar with computers including hardware, various operating systems, and programs. Proficient at finding and learning necessary information from all resources.

00005463

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Andrew Scot Foumier

607 South Third Street, West Dundee IL, 60118

(847) 666-7761; [email protected]

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 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

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Andrew Scot Fournier

2/13/2013

[email protected]

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

Page 65: R - Non-Responsive Part 1.pdf

experience in food production and regulation, 1 have an idea of how things should be handled relating to the public safety and accountability of producers and retailers relating to the consumption of marijuana.

While the possibilities of contamination and recalled product are something that would

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

possibility of donating excess product to medical centers for people with legitimate need of treahnents by marijuana such as glaucoma. The idea here is that since supply exceeds demand, excess marijuana can be given to those who may not be able to afford treatment for their

specific ailments either cheaper or relatively free.

. Product Quality Standards and Testing My current position at General Mills and general laboratory experience has given me

strong expertise in a laboratory both in terms of designing and performing routine lab

techniques. 1 have a basic idea for things to test such as moisture content as a method to determine proper curing time. 1 am also familiar with the safety measures put in place to safeguard food, which will help me to add ideas on how to better ensure public safety.

1 am also involved in sensory evaluations in the food produced in West Chicago. This means that 1 have experience in what to judge in terms of product quality. While a chemical analysis can tell you several things, senses allow you to understand the same thing the consumer will experience. 1 have consumed marijuana in a couple different forms including smoke, food, and drinks. Therefore, 1 would be able to not only guide, but participate in testing for product qualities both chemically, and the same way the consumer would.

. Product Usage and Consumption Validation 1 have no firsthand experience living in Washington state, but 1 possess an interest in the

local culture, as well as an understanding of economic principles. 1 feel that the combination of my background, in conjunction with the analysis of clinical and census-based data, will enable me to make intelligent decisions relating to the distribution of marijuana. For example, 1 feel that monitoring product sales in test locatons will yield valuable statistical infonnation in regards to usage, and create actual figures to work from, rather than theoretical ones.

. Product Regulation 1 am familiar with the controlled substance act and 1-502, and would consider it my

responsibility to remain informed on all applicable legislation regarding marijuana regulation, as well as maintaining up-to-date knowledge as new legislation passes at both the state and federal levels, to ensure that as we establish the grOlmdwork for this new set of rules, we maintain legal relevancy and credibility. 1 would also be able to help in areas such as the legal driving threshold while under the influence of marijuana.

My experience in food production at a plant has also given me insight into the regulations set in place by the FDA among other administrations regarding products for consumption. This combined with IG10wledge of the legal system would allow me to suggest ways to comply or improve the finished

product that reaches the consumer.

. General Skills

00005466

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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; [email protected]

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

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. Trained new lab members.

Education:

Northern Illinois University, 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 DiplomaAugust 2003 - May 2007

Achievements:

Traveled to Toronto, Canada to present a research poster for the American Crystallographic Association.

. Eagle Scout - 2007

. Dean’s list at Illinois Institute of Technology for three semesters.

Sltills:

Knowledge and experience in growing and harvesting plants. Knowledge of various sciences and how they apply to different types oflife.

Experience with the use and "market" of marijuana.

Experience at various levels of consumer products and good manufacturing practices. . Ability to read maps and demographics of populations. . Ability to think of unorthodox ways to solve difficult problems.

Experience shipping and receiving various supplies and samples. . Previous experience with HPLC.

Experience in properly and safely making chemical solutions.

Experience in following good manufacturing practices in a food production enviromnent. Able to lead as well as be part of a team in various sitnations and envirorunents.

Familiar with computers including hardware, various operating systems, and programs. Proficient at finding and learning necessary information from all resources.

00005468

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Washington State

Liquor Control Board

February 25,2013

Subject: Re.jection of Response to Washington State Liquor Control Board (WSLCB) Request for Proposals (RFP) K430, Initiative 502 Consultiug Services

Dear Mr. Sm h,

This letter is to infollll you that your response to Request for Proposals (RFP) K430 has been rejected because it failed to confollll 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 10 complete and submit the required items listed in this section may disqualifY the Pro oser from further participation in this RFP...

"

It is the sole responsibility of the Proposer to understand the RFP requirements and ensure their Proposal is complcte, Ben Smith faHed 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 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 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 [email protected].

Sincerely,

JO"’~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

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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 [email protected].

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

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Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:36 AM

[email protected]

WSLCB RFP K430 - Rejection Notification

K430_Ben Smith_Rejection Letter.pdf

Good Morning,

Thank you for subrnitting 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

[email protected]

1

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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 [email protected].

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

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Stocker, Marlie

From:

Posted At:

Conversation:

Ben Smith <[email protected]>

Friday, February 15, 2013 9:45 AM Formal application

Subject: Formal application

Lately I have been submitting ideas regarding Washington State’s new cannabis laws. The Washington State Liquor Control Board was looking for somebody with inside knowledge of production, market, and other. Ihave been considering applying for the job I do know the market inside and out. I am knowledgeable in just about every aspect including testing. I do not have a degree but I don’t think somebody with a degree in botany is necessarily the right type of person for the job. A botanist is an expert in plant growth but I have known botanist that have tried their hand in what was a black market. They did grow large plants and have knowledge of insects and diseases that can effect production. I had been called in to improve the quality of the product and teach the botanist a few things that are done differently with this particular plant. I consider myself one of the worlds top quality growers but not a quantity grower. My interests were more in forced breeding improving genetics and creating new strains. I have over 50 of my own hybrids. In order for me to take a job for the WSLCB I would need to exclude myself 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 Valley 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 crops. 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 product is in a greenhouse with extra lighting for winter seasons and black out curtains for forced production. Cannabis can to forced into flowering by reducing light to 12 or less per day. What the beginner grower may not realize is that even a pinhole of light during 12 hours of darkness can cause hermaphrodite plants. The females will produce pollen sacks and pollinate the crop producing and abundance of seeds. If industrial hemp is ever considered for production the pollen from that could pollinate plants from many miles away. This is fine if cannabis is grown inside and the air is properly filtered. My ultimate goal is to help with large scale irrigation projects starting with the Horse Heaven Hills. Right now we are paying farmers not to farm instead of looking to produce more exports like we should be doing. I want to help pay down Washington State’s accumulated debts and produce 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 plans can actually move forward because nobody would be able to hire employees or deduct expenses. Farmers with land in C.R.P. or any other Federal programs would not be able to participate in new industries. Cannabis can also be made into diesel but I don’t know about practicality because diesel is made from the oil produced by the seed. Strains would need to be bred to maximize seed production. I really think algae and enzymes used to convert protein cells from grasses and wast into more of a sugar to produce alcohol fuels. What I need to know is job details. Would I be responsible for issuing permits to high quality growers? I believe I am picky enough to select only the best growers to insure the highest quality. This could be done with temporary permits to inspect growers facility and insure high quality standard. Would I be responsible for making sure retail outlets are following the rules and paying tax? Would some sort of U.P.c. system 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 responsible for making sure that edibles are safe? Edibles can be over concentrated causing panic attacks and disabling mobility similar to too much alcohol. Would I be responsible for starting program to determine safe THC blood percentage? Insurance companies have no set standards for determining if cannabis is impairing skills causing accidents. Most people with good jobs will not be able to use this product due to drug testing required by insurance companies. Once they have standards they could vary their policies. Hopefully WSLCB has my other letters on file. Do I need to come apply in person if I am considered for the job?

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Washington State

Liquor Control Board

Febmary 25,2013

Toby Paterson Berkshire Cascade Corporation 7745 Jenni Street NE

Olympia, WA 98506

Subject: Rejectloll of Response to Washington State Liquor Control Board (WSLCB) Request for Proposals (RFP) K430, Initiative 502 Consulting Services

Dear Mr. Paterson,

This lettei’ is to inform you that Berkshke 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: 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 RFP...

"

It is the sole responsibility of the Proposer to understand the RFP 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 ofRFP K430. Berkshire Cascade Corporation is thus deemed non-responsive and rejected fi’Olll f111ther participation in this RFP.

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 [email protected].

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

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Washington State

Liquor Control Board

February 25,2013

Toby Paterson Berkshire Cascade Corporation 7745 Jenni Street NE

Olympia, WA 98506

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 [email protected].

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

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Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:38 AM

[email protected]’ 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

[email protected]

1

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Washington State

Liquor Control Board

Februaty 25,2013

Toby Paterson Berkshire Cascade Corporation 7745 Jenni Street NE

Olympia, WA 985.06

Subject: Rejection of Response to Washington State Liquor Control Board (WSLCB) Request for Proposals (Rl’P) 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) 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(

...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 fimher 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 Berkshire Cascade Corporation is vague and incomplete, and therefore tillable to be evaluated in accordance with the requirements ofRFP K430. Berkshire Cascade Corporation is thus deemed non-responsive 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. If you have any questions, please reel free to contact me by phone at (360) 664-4526 01’ email at [email protected].

ohnFarley Procurement Coordinator

00: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa,gov

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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 [email protected]. ~ 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. 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 requiring 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

[email protected] inbox. The "receive date/time" posted by the WSLCB’s email system will be used as the official time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’s

systems 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 accompanying 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

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 anyone or more ofthese 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)

~.

~

~

~

~

~

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 pe!’fonning the Services required hereiu, 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

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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

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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 expertise, 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 extensive experience 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 experts 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

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Toby Paterson CEO and Senior Research Scientist

Berkshire Cascade Corporation

RFP K430 Submittal Document

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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

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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

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Table l’ Hourlv Rate

Description NTE Hourlv Rate

Not-to-Exceed (NTE) Hourly Rate for 1-502$ 75.00 p/hourConsulting 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

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Stocker. Marlie

From:

Posted At:

Conversation:

Subject:

Hello,

[email protected]

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

[email protected]

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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 [email protected]. ~ 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 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

[email protected]. The "receive date/time" posted by the WSLCB’s email system will be used as the official time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’s

systems 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 accompanying documentation become the property of the WSLCB and will not be returned. fucomplete 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 aud identifies the sections of this submittal docmnent to be completed and submitted with each Response. Any response received without anyone or more of these sections may be rejected 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

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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

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00005491

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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 expertise, 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 extensive experience 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 experts 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

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Toby Paterson CEO and Senior Research Scientist

Berkshire Cascade Corporation

RFP [(430 Submittal Document

6

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NON-COST PROPOSAL

CATEGORY 1- PRODUCT AND INDUSTRY KNOWLEDGE

Ability, Capacity and Sldlls:

The Principals have extensive Agricultural 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.

Our 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, our firm has supply chain management and marketing expertise that will prove to be beneficial when considering 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 th case of a recall, it would be necessary to have a tracking system similar to other Agricultural 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 tearn 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 Agricultural 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 Sldlls:

The Company’s ability to ensure proper Marijuana product quality testing is derived from our 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 various strains, product types, and potencies of marijuana will be evaluated

through examination of existing data and through surveys of the consumers and sellers in the medicinal

industry and existing underground market industry.

RFP K430 Submittal Document

7

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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 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 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

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Table l’ Hourly Rate

Descrintiou NTE Hourlv Rate

Not-to-Exceed (NTE) Hourly Rate for I-502$ 75.00 plhourConsulting 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

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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 [email protected].

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

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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 [email protected].

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

Page 98: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:39 AM

[email protected]

WSLCB RFP K430 - Rejection Notification

K430_Betty Nevins_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

[email protected]

1

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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 Offel’, 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 [email protected].

Sincerely,

cc: K430 Contract file

3000 Pacific Ave, SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

00005500

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Stoc!<er. Marlie

From:

Posted At:

Conversation:

[email protected]

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. If 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. It 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, It touches every cell in our body and effects us differently at different times. It 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. It 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. It needs to be studied in depth by hospitals, schools, and universities until this "weed of wisdom" can be figured out.

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Driving Under the Influence: No one having just smoked Marijuana should be allowed to drive for 2 to 4 hours after last ingesting it. There are a few clues for police such as the inability to concentrate on anyone topic for very long, droopy eyelids, a very relaxed expression. Alcahol significantly enhances these charactristics. These effects might be studied in depth through blood samples, urine analysis, 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 Certificate, 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 years, who discovered I could have a normal life after

twenty-three years of pain caused by very radical cancer surgery.

Conclusion: 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 you 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

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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 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 [email protected].

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

Page 103: R - Non-Responsive Part 1.pdf

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’Oposals, 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 [email protected].

JolUlF I y

Procurement Coordinator

cc: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

00005504

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Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:41 AM

[email protected]’ WSLCB RFP K430 - Rejection Notification

K430_Big Em Marketing_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@!iq.wa.gov

1

00005505

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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 Waslngton 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 [email protected].

cc: K430 Contract file

3000 Pacific Ave, SE,.PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.Wa.gov

00005506

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Big Em Marketing Emery Krahn, President

Amy Krahn VP. [email protected]

802 N Cedar Rd.

Deer Park, W A 99006

509-238-9443 Cell 990-6969

John Farley (360) 664-1600 [email protected] 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 minimum standards 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 from the 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 system you 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.

Gratefully Emery Krahn

00005507

Page 107: R - Non-Responsive Part 1.pdf

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 single email message and send it to [email protected].

~ 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 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

[email protected] inbox. The "receive date/time" posted by the WSLCB’s email system will be used as the official time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’s

systems 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 accompanying 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 anyone 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 Infonnation (see page 4)

Letter of Sublnittal (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 beller 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

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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

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RFP K430 Submittal Document

3

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SUBCONTRACTOR INFORMATION

Check the applicable box:

DYes XDNo Your firm intends on utilizing 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 through the Contractor.

If revisions are required in the subcontract assigmnent, new parties are to be proposed in advance of

assignment, 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 agreeing 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), Washington 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

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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 disqualified from further consideration for the award of a contract.

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NON-COST PROPOSAL

Please refrain from using company name or other information that will identify your company while preparing your response for the Non-Cost Submittal. The Washington State Liquor Control Board (WSLCB) reserves the right to modify proposals in order to eliminate company names or any other information that may identify a specific company brand.

CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE

Please answer the questions listed below, attaching additional pages as necessary:

1. Ability, Capacity and Sltills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or other expertise in Product and Industry Knowledge, including but not limited to the following:

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 overproduced, contaminated, or recalled

2. Experience. In two (2) pages or less, please describe your firm’s experience in Product and Industry Knowledge as it relates to Marijuana.

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 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 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, includiIig the individuals’ particular skills related to this project, education, experience, significant accomplishments and any other pertinent information.

CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING

Please answer the questions listed below, attaching additional pages as necessary:

5. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or expertise in Product Quality Standards and Testing, including but not limited to the following:

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 Marijuana

6. Experience. In two (2) pages or less, please describe your firm’s experience in the Product Quality Standards and Testing field, as it relates to Marijuana.

7. 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.

8. Approach and Methodology. hl two (2) pages or less, please provide a complete description of your firms’ proposed approach and methodology to be used in assisting the WSLCB to develop a reputable protocol for Product Quality Standards and Testing as requested in this RFP, to determine TCHlCBD levels and/or ratios, mold or chemical contaminates, and Product strain.

RFP K430 Subm.ittal Docum.ent

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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 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 finn. Provide

qualifications infonnation on the named. staff, including the individuals’ particular skills related to this project, 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 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 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.

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, 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 K430 Submittal Document

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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/hourConsulting Services as stated in this RFP

T bl 2’ D ’I R ta 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

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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 existing 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 excessive

power usage this has created the necessity to find power off the grid or move your grow

frequently. 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 quality 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 extracts 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

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$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. A broker 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

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me with the insight and experience perfonning my job nnder the scrutiny of the United States of

America.

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Stocker. Marlie

From:

Posted At:

Conversation:

Emerys Magic building <[email protected]>

Friday, February 15, 2013 1:22 PM

RFP-K430,Big Em Marketing

Subject: RFP-K430,Big Em Marketing

Big Em Marketing

Emery Krahn, President

Amy Krahn VP. [email protected]

802 N Cedar Rd.

Deer Park, WA 99006

509-238-9443 Cell 990-6969

John Farley (360) 664-1600 [email protected]

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 of Initiative 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 minimum standards for all products infused with THe. 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 from the 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 system you 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 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.

Gratefully

Emery Krahn

1

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Big Em Marketing

Emery Krahn, President

Amy Krahn VP. [email protected]

802 N Cedar Rd.

Deer Park, W A 99006

509-238-9443 Cell 990-6969

John Farley (360) 664-1600 [email protected] 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 minimum standards 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 from the 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

system you 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

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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 [email protected].

~ 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

[email protected] inbox. The "receive date/time" posted by the WSLCB’s email system will be used as the

official time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’s

systems 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 accompanying 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 anyone 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.

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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

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3

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SUBCONTRACTOR INFORMATION

Check the applicable box:

DYes XDNo Your finn intends on utilizing 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 through the Contractor.

If revisions are required in the subcontract assignment, new parties are to be proposed in advance of

assignment, 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 agreeing 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), Washington 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

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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 nnmber, and fax numberle-mail address of legal entity or individual with whom contract would be written.

)> Name, address, and telephone number of each principal officer (president, Vice Presidel1t, 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 infonnation, it is determined by the WSLCB that a conflict of interest exists, the Proposer may be

disqnalified from further consideration for the award of a contract.

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NON-COST PROPOSAL

Please refrain from using company name or other information that will identify your company while preparing your response for the Non-Cost Submittal. The Washington State Liquor Control Board (WSLCB) reserves the right to modify proposals in order to eliminate company names or any other information that may identify a specific company brand.

CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE

Please answer the questions listed below, attaching additional pages as necessary:

1. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or other expertise in Product and lndustry Knowledge, including but not limited to the following:

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 overproduced, contaminated, or recalled

2. Experience. In two (2) pages or less, please describe your firm’s experienc in Product and lndustry Knowledge as it relates to Marijuana.

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 defme 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 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.

CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING

Please answer the questions listed below, attaching additional pages as necessary:

5. Ability, Capacity ami Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or

expertise in Product Quality Standards and Testing, including but not limited to the following: .

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 Marijuana

6. Experience. In two (2) pages or less, please describe your firm’s experience in the Product Quality Standards and

Testing field, as it relates to Marijuana.

7. 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’ pmticular skills related to this project, education, experience, significant accomplislnnents and any other pertinent information.

8. 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 to develop a reputable protocol for Product Quality Standards and Testing as requested in this RFP, to determine TCI-I/CBD levels and/or ratios, mold or chemical contmninates, mld Product strain.

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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.

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 responsibilties in your firm. Provide

qualifications information on the named staff, including the individuals’ particular slalls related to this project, 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 finn’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 project, education, experience, significant accomplishments and any other pertinent information.

16. Approach aud Metho(lology. 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.

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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 teu y a

Descrintion NTE Hourlv Rate

Not-to-Exceed (NTE) Hourly Rate for 1-502$ 50 p/hourConsultin" Services as stated in this RFP

T bl 2 D ’I R ta e : my a e

Descrintion NTE Dailv Rate

Not-to-Exceed (NTE) Daily Rate for 1-502$ 400 p/dayConsultinlY Services as stated in this RFP

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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: [email protected]

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:

[email protected]

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TABLE OF CONTENTS

1 INTRODUCTION.........................................................................................................................................3

1.1 SCOPE........................................................................................................................................................3

1.2 BACKGROUND........................................................................................................................................3 1.3 PURPOSE...................................................................................................................................................3

1.4 AWARD......................................................................................................................................................5

1.5 TERM.........................................................................................................................................................5 1.6 STATEMENT OF WORK........................................................................................................................5

1.7 SOLICITATION SPECIFIC DEFINITIONS ........................................................................................6

1.8 CONTRACTING WITH CURRENT OR FORMER STATE EMPLOYEES....................................6

1.9 ACQUISITION AUTHORITY ................................................................................................................6 1.10 SOLICITATION STANDARDS ..........................................:...................................................................7

2 GENERAL INFORMATION ......................................................................................................................7

2.1 ESTIMATED PROCUREMENT SCHEDULE......................................................................................7

2.2 QUESTION AND ANSWER PERIOD .......................................,...........................................................7 2.3 PRE-PROPOSAL CONFERENCE .........................................................................................................8

2.4 AUTHORIZED COMMUNICATION ....................................................................................................8

2.5 CONTRACT FORMATION ....................................................................................................................8

2.6 CONTRACT REQIDREMENTS.............................................................................................................8 2.7 INCORPORATION OF DOCUMENTS INTO CONTRACT ..............................................................9

2.8 INSURANCE .............................................................................................................................................9

3 PROPOSAL SUBMITTALS........................................................................................................................9

3.1 SUBMITTAL INSTRUCTIONS..............................................................................................................9

3.2 PREPARATION OF PROPOSALS ......................................................................................................10

3.3 PROPOSER RESPONSIVENESS .........................................................................................................11

4 EVALUATION AND AWARD .................................................................................................................11

4.1 OVERVIEW.............................................................................................................................................11

4.2 ALLOCATION OF POINTS..................................................................................................................11

4.3 EVALUATION PROCESS.....................................................................................................................12

4.4 SELECTION OF APPARENTLY SUCCESSFUL PROPOSER(S)...................................................14 4.5 NOTIFICATION OF APPARENT SUCCESSFUL PROPOSER(S) .................................................15 4.6 DEBRIEFING OF UNSUCCESSFUL PROPOSERS..........................................................................15

4.7 PROTEST PROCEDURES ....................................................................................................................15

4.8 POST AWARD CONFERENCE ...........................................................................................................15

APPENDIX A ......................................................................................................................................................16

APPENDIX B.......................................................................................................................................................17

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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

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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.

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1.4 AWARD

The WSLCB intends to award the Contract(s) resulting from this solicitation to the responsive responsible Proposer(s) with the highest total score(s).

It is the intent of the WSLCB to enter into a single Contract for all Categories (1-4) listed in Section 1.3 above. While awarding a single Contract to one (1) Proposer meeting the

requirements of all Categories is preferred, the WSLCB reserves the right to make multiple awards by Category as necessary, to meet the operational and strategic objectives of the agency.

The Washington State Liquor Control Board does not represent or guarantee any minimum purchase. This solicitation does not obligate the Washington State Liquor Control Board to contract for services specified herein.

1.5 TERM

The initial term of the Contract(s) resulting from this RFP shall be two (2) years from date of

award, with the option to extend for additional one (1) year term(s) or portions thereof. The

majority of the work will be required during the first year of the Contract to meet the 1-502

implementation deadline of December I, 2013, with as needed consulting services thereafter.

Extensions for each additional term shall be offered at the sole discretion of the WSLCB and are

subject to written mutual agreement. The total contract term, including the initial tenn and all

subsequent extensions, shall not exceed five (5) years unless an emergency exists and/or special circumstances require a partial term extension. The WSLCB reserves the right to extend with all or some of the Contractors, as solely detennined by the WSLCB.

1.6 STATEMENT OF WORK

The Awarded Contractor(s) shall:

Provide Consulting Services to the WSLCB which shall assist the agency with the

implementation ofI-S02 requirements including, but not limited to, the following: development of reports, documents, strategies, standards, guidelines, project plans, protocol, stakeholder

assessments, data, etc.

Category 1: Product and Industry Knowledge The Awarded Contractor shall assist the WSLCB with the implementation ofI-S02 requirements including, but not limited to, establishing the following:

1. 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 tracking and reconciliation of Product grown, sold, and/or

destroyed

Category 2: Product Quality Standards and Testing The Awarded Contractor shall assist the WSLCB with the implementation ofI-S02 requirements including, but not limited to, establishing the following:

I. Minimum standards allowed for testing and confirming Product safety from contaminants 2. Testing standards for Product testing of THC/CBD levels and ratios for Product offered 3. Labeling standards needed to meet the requirements as defined by law

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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).

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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

right to change the schedule. Notification of amendments to the procurement schedule prior to

Proposal opening may be sent electronically to all properly registered users of the Department of

Enterprise Services’ Washington’s Electronic Business Solution (WEBS) who downloaded this RFP from WEBS.

Changes to the Procurement Schedule after Proposal Opening may be communicated to all

Proposers reflecting the change.

Date Time Event

January 17, 2013 Issue Solicitation Document (Available fordownload at https://fortress.wa.gov/ga/webs/)

January 17, 2013- Question and Answer PeriodFebruarv 13, 2013

January 28, 2013 Amendment Issued, if applicable (Proposers should

begin 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

begin checldng WEBS for anv amendments)F ebruarv 15, 2013 2:00 p.m. (PT) Prooosals Due

February 19, 2013 Evaluation BeginsMarch 5, 2013 Apnarent Successful Proooser AnnouncementMarch 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 regarding 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.gov. 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.

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2.3 PRE-PROPOSAL CONFERENCE

An optional Pre-Proposal conference to address solicitation requirements will be held at the time and location indicated below. While attendance is not mandatory, Proposers are encouraged to attend and actively participate. If interpretations, specifications, or other changes to the solicitation are required as a result of the conference, the Procurement Coordinator may make amendments to the solicitation and provide those amendments by posting them on WEBS at https://fortress.wa.gov/ga/webs/.

Assistance for disabled, blind or hearing-impaired persons who wish to attend is available with

prior arrangement with,the Procurement Coordinator.

Pre-Proposal Date:

I’re-Proposal Time:

Pre-Proposal Location:

January 30, 2013

11:00 a.m. (PT) Greater Tacoma Convention & Trade Center

1500 Broadway Tacoma, W A 98402

Driving directions and parking information for the Greater Tacoma Convention and Trade Center is available at http://tacomaconventioncenter.com/plan directions.htm!.

2.4 AUTHORIZED COMMUNICATION

Upon release of this RFP, all Proposer communications concerning this solicitation must be directed to the Procurement Coordinator listed below. Unauthorized contact regarding this solicitation with other State employees, including WSLCB employees, involved with the solicitation may result iu disqualification. All oral communications will be considered unofficial and non-binding on the WSLCB. Proposers should rely only on written statements issued by the Procurement Coordinator.

Procuremeut Coordinator:

Email Address:

Address:

John Farley

[email protected]

Washington State Liquor Control Board 3000 Pacific Avenue SE

Olympia, WA 98504

2.5 CONTRACT FORMATION

A Proposal submitted in response to the Solicitation is ml offer to contract with the WSLCB. The successful Proposal will become an element of the awarded Contract.

2.6 CONTRACT REQillREMENTS

A Model Contract has been included as Appendix B.

To be Responsive, Proposers must indicate a willingness to enter into a Contract substantially the same as the Contract in Appendix B, by signing the Certifications and Assurances located in the Submittal Document located in Appendix A. Any specific areas of dispute with the attached terms and conditions must be identified in the Response and may, at the sole discretion of the

WSLCB, be grounds for disqualification from ftnther consideration in the award of a Contract.

Under no c cumstmlces is a Proposer to submit their own standard contract terms and conditions

as a Response to this solicitation. Instead, Proposer must review and identify the language in

Appendix B that Proposer finds problematic, state the issue, and propose the language or contract modification Proposer is requesting. All of Proposer’s exceptions to the contract terms and conditions in Appendix B must be submitted within the Response, attached to the Submittal Document. The WSLCB expects the final Contract(s) signed by the Successful Proposer(s) to be

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substantially the same as the Contract located in Appendix B, but will consider proposed changes. Proposer’s submission of a Response to this solicitation constitutes acceptance of these contract

requirements.

The foregoing should not be interpreted to prohibit either party from proposing additional contract terms and conditions during negotiation of the final Contract.

2.7 INCORPORATION OF DOCUMENTS INTO CONTRACT

This Solicitation document, any subsequent Amendments, and the Proposer’s Response will be

incorporated into the resulting Contract.

The WSLCB reserves the right to make an award without further discussion of the Response submitted; i.e., there may be no best and final offer request. Therefore, the Response should be submitted on the most favorable terms that Proposer intends to offer.

2.8 INSURANCE

The Successful Proposer(s) is required to obtain insurance to protect the WSLCB should there be

any claims, suits, actions, costs, or damages or expenses arising from any negligent or intentional act or omission of the Proposer or its Subcontractor(s), or their agents, while performing work under the terms of any Contract resulting from this solicitation. Proposers will find a complete description of the specific insurance requirements in the proposed contract terms in the Model Contract Document located in Appendix B.

3 PROPOSAL SUBMITTALS

Respond to the following requirements in this section.

3.1 SUBMITTAL INSTRUCTIONS

Proposer shall submit one (I) electronic copy of their complete Proposal to Icbbids@!ig.wa.gov in the following manner:

>- Complete entire Submittal Document located in APpendix A and attach it to the email. >- 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

innnediately. >- 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 finn for the purpose of this Proposal only. >- To keep file sizes to a minimum, Proposers are cautioned not to use unnecessary graphics

in their Proposals.

Proposals should be submitted in the format described in this solicitation. All Proposals and any accompanying documentation become the property of the WSLCB ffild will not be returned.

Incomplete Proposals may be rejected. Proposals submitted by fax, will not be accepted and will be considered non-responsive.

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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 rejected. 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.

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Proposers shall extend unit pricing as required. 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 requirements. Failure to identify all costs in a manner consistent with the instructions in this RFP is sufficient grounds for disqualification.

3.3 PROPOSER RESPONSIVENESS

Proposer must respond to each question/requirement contained in this RFP. Failure to comply with any applicable item may result in the Response being deemed non-responsive and

disqualified.

Failure to provide adequate information to demonstrate to the evaluators that your firm meets the

requirements may constitute grounds for disqualification and may be established by any of the

following conditions:

. The Proposer states a requirement cannot be met.

. The Proposer fails to include information requested.

. The Proposer fails to include sufficient information to substantiate that a given requirement can be met.

The WSLCB reserves the right to consider the actual level of Proposer’s compliance with the

requirements specified in this solicitation and to waive informalities in a Proposal. An informality is an immaterial variation from the exact requirements of the competitive solicitation, having no effect or merely a minor or negligible effect on quality, quantity, or performance of the services

being procured, and the correction or waiver of which would not affect the relative standing of, or be otherwise prejudicial to Proposers.

4 EVALUATION AND AWARD

4.1 OVERVIEW

The Proposer(s) who meets all ofthe RFP requirements 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 pointsCost Pronosal: 100 pointsTotal Possible Phase 1 Points: 1100 noints

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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 reject 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

CategoryAvailable 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

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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 2 below.

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

CategoryAvailable 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 2 Evaluation - 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 required, 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 2 above.

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 request 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 request may result in the Proposer being deemed non-responsive and thus be disqualified.

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References may be checked prior to announcement of the Apparent Successful Proposer to

determine the responsibility of Proposers. Failure by Proposers to achieve an average performance level of two (2) or greater from all references contacted may deem the Proposer irresponsible and thus be disqualified.

The WSLCB reserves the right to rej eet any proposal submittal if the Proposer receives unfavorable references based on the following criteria:

References with which contact is established will be asked to rate Proposer’s past

performance on the following scale:

Performance Level 3: Performance exceeds expectations. Performance Level 2: Performance meets minimum expectations and is adequate. Performance Level I: Performance is often or always incomplete. Deficiencies exist in

critical areas.

Performance Level 0: Contacted reference fails or refuses to respond when asked to rate

Proposer.

The WSLCB will only attempt to make contact with a Proposer’s provided references a maximum of three (3) times. If such contact cannot be .established with any of the references

provided, then those references with which contact cannot be established may be deemed

non-responsive and no further attempts will be made to contact that particular reference.

The WSLCB reserves the right to seek and substitute other references to determine the

sufficiency of the Proposer’s level of responsibility.

5. Determination of Proposer Responsibility (pass/fail) After Proposal submittal, the WSLCB reserves the right to make reasonable inquiry and/or

requests for additional information, to assist in determining the overall responsibility of any Proposer. Requests may include, but are not limited to, educational degrees, business

licenses, financial statements, credit ratings, references, record of past performance, criminal

background check, clarification of Proposer’s offer, and on-site inspection of Proposer’s or

Proposer’s subcontractor’s facilities. Failure to respond to said request(s) may result in the

Proposer being deemed non-responsive and thus disqualified.

4.4 SELECTION OF APPARENTLY SUCCESSFUL PROPOSER(S)

The Proposer(s) with the highest total score(s) who represents the overall best value to the

WSLCB will be declared the Apparent Successful Proposer(s). The WSLCB may enter into

contract negotiations with the Apparent Successful Proposer(s).

Should contract negotiations fail to be completed within one (I) month after initiation, the WSLCB may immediately cease contract negotiations and declare the Proposer with the second

highest score as the new Successful Proposer and enter into contract negotiations with that

Proposer. This process will continue until the Contracts are signed or no qualified Proposers remain.

The Successful Proposer(s) will be expected to execute the final Contract within ten (10) Business Days of its receipt. If the selected Proposer fails to sign the Contract within the allotted

ten (10) Business Day timeframe, the WSLCB may consider the Successful Proposer to be non-

responsive and elect to cancel the award and ward the Contract to the next ranked Proposer, or cancel or reissue this solicitation.

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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.

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APPENDIX A

PROPOSAL SUBMITTALS

Submittal Document: Proposers must complete and submit the below document with their

Proposal.

K430Subnittal

Docurrent

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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

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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 existing 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 excessive

power usage this has created the necessity to find power off the grid or move your grow

frequently. 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 quality 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 extracts 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

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$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. A broker 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 Bartle,

Chamber, VFW, Eagles, Economic development Board. Operating a flight school under the

rules and regulations of the F ederal Aviation Administration and homeland security has provided

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me with the insight and experience performing my job under the scrutiny of the United States of

America.

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Stocker, Marlie

From:

Posted At:

Conversation:

Andy Fournier <[email protected]>

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

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Washington State

liquor Control Board

February 25,2013

BillyYorek 2810 NE 35’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 [email protected].

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

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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 [email protected].

"’" ~.L - ~rl~/ Procurement Coordmator

co: K430 Contract file

3000 Pa ific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.llq.wa.gov

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Stocl<er. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:42 AM

Terry Ortis/Allen ([email protected]) 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

[email protected]

1

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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. Y orek,

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 jrther 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 Y orek 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 [email protected].

"","""

~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

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Billy Yorek 2810 NE 35th Ave

Portland, Or 97212

503-804-0400

John Farley Contact Specialist

[email protected]

Job Title:

K430Iniative 502 Consulting Services

#K43 0

With more than five years

experience in medical marijuara I have learned

when planting, start with a high quality seed to

ensure best results. After cultivating to maturity,

this plant can be cloned numerous times lasting up

to three years. The first three weeks after planting,

the plants must be sexed and separated.(Failure to

do this step will result in the loss of the entire

crop.) After sexing the plants put the females four

or five feet apart in 50 Ibs of soil. The plants will

need nutrients weekly and watered daily. The PH

needs to be checked and any infected plants

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removed to ensure the health of the other plants,

October is the primary month for

harvesting. After observing the tricylone for

strength and quality you now begin to harvest by

cutting the stock from the bottom. You must hang

the plants to dry for 14 days. After the 14 days of

curing, trim off thee sugar leaves off the bud (save

for making butt r) and finally trim the leaves off

the bud then bag accordingly for consumer

consumption.

For consumers who ingest marijuana

in cakes, brownies, cookies, candy or butter;

They must slow cook bud, sugar leaves and stems

for approximately 24 hours to produce a butter or

oil to substitute in any baking thc dish.

Depending on the strain, thc strengths

can vary for a variety of reasons; from Indica

(being a little stronger for body pain) to Sativa

(for stress and anxiety brain relaxed) and Hybrids

(which is a mixture of higher quality plants).

Strengths are measured by the temperature at

which the triclinic melt. The higher the

temperature, higher the quality.

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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 produce that

much product. One acre could possible grow

1584 plants..You could grow on numerous sites.

Hillsides or even rugged terrain not acceptable for

building 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 Cascades 3% Okanogan

Highlands

After talking to my lawyer about

regulatons, we discussed 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. do this right..

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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 single email message and send it to [email protected]. )> 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 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

[email protected] inbox. The "receive date/time" posted by the WSLCB’s email system will be used as the official time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’ s

systems 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 accompanying 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 anyone 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)

o

o

o

o

o

o

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 betler 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 (I) Proposal to meet the requirements as stated in RFP K430.

RFP K430 Submittal Document

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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 specfied 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

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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 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:

Emai1:

Payment Options:

DYES 0 NO Do you offer a Prompt Payment Discount? If yes, please provide below.

Prompt Payment Discount % _days, net 30 days.

DYES 0 NO Will you accept the State’s Purchasing Card (P-Card)?

DYES 0 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:

Category Description Resnollse Annlies this Catelwrv

All ALL Categories (1-4) listed below 0

1 Product and Industly Knowledge 0

2 Product Quality Standards and Testing 0

3 Product Usage and Consumption Validation 0

4 Product Regulation 0

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SUBCONTRACTORINFOFmATION

Check the applicable box:

DYes DNo Your firm intends on utilizing 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 cOl1tract, 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 through the Contractor.

If revisions are required in the subcontract assigmnent, new parties are to be proposed in advance of

assigmnent, 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 agreeing 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), Washington 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

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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.

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NON-COST PROPOSAL

Please refrain from using company name or other infonnation that will identify your company while preparing your response for the Non-Cost Submittal. The Washington State Liquor Control Board (WSLCB) reserves the right to modify proposals in order tQ eliminate company names or any other information that may identify a specific company brand.

CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE

Please answer the questions listed below, attaching additional pages as necessary:

1. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or other expertise in Product and Industry Knowledge, including but not limited to the following:

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 overproduced, contaminated, or recalled

2. Experience. In two (2) pages or less, please describe your firm’s experience in Product and Industry Knowledge as it relates to Marijuana.

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 conrse of the project, including any snbcontractors. Please define 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 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 infornmtion.

CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING

Please answer the questions listed below, attaching additional pages as necessary:

5. Ability, Capacity and Sldlls. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or

expertise in Product Quality Standards and Testing, including but not limited to the following: a. Knowledge ofthe 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 Marijuana

6. Experience. In two (2) pages or less, please describe your firm’s experience inthe Product Quality Standards and Testing field, as it relates to Marijuana.

7. 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.

8. 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 to develop a reputable protocol for Product Quality Standards and Testing as requested in this RFP, to determine TCH/CBD levels and/or ratios, mold or chemical contaminates, and Product strain.

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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 andlor 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 andlor 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 project, 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 Skills. In two (2) pages or less, please describe your firm’s ability, capacity, and skills andlor expertise in Product Regulation, including but not limited to, the following:

a. Experience with State, local or Federal governnlent 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 andlor modifying rule, law, ordinance, andlor guidelines.

15. Staff Qualifications and Capabilities. Please identify staff by name and title, including subcontractors, who would be assigned to ilie 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 accomplislmlents 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.

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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/dayConsultino: Services as stated in this RFP

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Stocker, Marlie

From:

Posted At:

Conversation:

Terry Ortis/Allen <[email protected]> Thursday, February 14, 2013 1:56 PM

RFP K430 Billy Yorek

Subject: RFP K430 Billy Yorek

1

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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 [email protected]. ~ 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

[email protected]. The "receive date/time" posted by the WSLCB’s email system will be used as the offIcial time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’s

systems 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 accompanying 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 anyone 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.

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1

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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

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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 0 NO Do you offer a Prompt Payment Discount? If yes, please provide below.

Prompt Payment Discount % _days, net 30 days.

DYES 0 NO 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

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SUBCONTRACTOR INFORMATION

Check the applicable box:

DYes DNo Your firm intends on utilizing 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 through the Contractor.

If revisions are required in the subcontract assignment, new parties are to be proposed in advance of

assignment, 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 agreeing 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), Washington 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

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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

disqualified from further consideration for the award of a contract.

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NON-COST PROPOSAL

Please refrain from using company name or other information that will identify your company while preparing your response for the Non-Cost Submittal. The Washington State Liquor Control Board (WSLCB) reserves the right to

modify proposals in order to eliminate company names or any other information that may identify a specific company brand.

CATEGORY 1- PRODUCT AND INDUSTRY KNOWLEDGE

Please answer the questions listed below, attaching additional pages as necessary:

1. Ability, Capacity and Sltills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or other expertise in Product and Industry Knowledge, including but not limited to the following:

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 overproduced, contaminated, or recalled

2. Experience. In two (2) pages or less, please describe your firm’s experience in Product and Industry Knowledge as it relates to Marijuana.

3. Team Strnctnre and Internal Controls. In two (2) pages or less, please describe the proposed project temu 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 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 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 accomplislnnents and any other pertinent information.

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 or less, please describe your firm’s ability, capacity, skills and/or

expertise in Product Quality Standards and Testing, including but not limited to the following: 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 Marijuana

6. Experience. In two (2) pages or less, please describe your firm’s experience in the Product Quality Standards and

Testing field, as it relates to Marijuana.

7. 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 otller pertinent information.

8. 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 to develop a reputable protocol for Product Quality Standards and Testing as requested in this RFP, to determine TCHlCBD levels and/or ratios, mold

or chemical contaminates, and Product strain.

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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 project, 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 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 K430 Submittal Document

7

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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

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Billy Yorek 2810 NE 35th Ave

Portland, Or 97212

503-804-0400

John Farley Contact Specialist [email protected]

Job Title:

K430 Iniative 502 Consulting Services #K43 0

With more than five years

experience in medical marijuara I have learned

when planting, start with a high quality seed to

ensure best results. After cultivating to maturity,

this plant can be cloned numerous times lasting up

to three years. The first three weeks after planting,

the plants must be sexed and separated.(Failure tb

do this step will result in the loss of the entire

crop.) After sexing the plants put the females four

or five feet apart in 50 lbs of soil. The plants will

need nutrients weekly and watered daily. The PH

needs to be checked and any infected plants

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removed to ensure the health of the other plants,

October is the primary month for

harvesting. After observing the tricylone for

strength and quality you now begin to harvest by

cutting the stock from the bottom. You must hang

the plants to dry for 14 days. After the 14 days of

curing, trim off thee sugar leaves off the bud (save

for making butter) and finally trim the leaves off

the bud then bag accordingly for consumer

consumption.

For consumers who ingest marijuana

in cakes, brownies, cookies, candy or butter;

They must slow cook bud, sugar leaves and stems

for approximately 24 hours to produce a butter or

oil to substitute in any baking thc dish.

Depending on the strain, thc strengths

can vary for a variety of reasons; from Indica

(being a little stronger for body pain) to Sativa

(for stress and anxiety brain relaxed) and Hybrids

(which is a mixture of higher quality plants).

Strengths are measured by the temperature at

which the’triclinic melt. The higher the

temperature, higher the quality.

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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 produce that

much product. One acre could possible grow

1584 plants..You could grow on numerous sites.

Hillsides or even rugged terrain not acceptable for

building 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 Cascades 3% Okanogan

Highlands

After talking to my lawyer about

regulatons, we discussed 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 do this right..

00005579

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00005580

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Washington State

Liquor Control Board

F ebmary 25, 2013

Brian Reardon

Software Engineer 12 Fourth Street

Farmingdale, NY 11735

.

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 [email protected].

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

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Washington State

Liquor Control Board

February 25, 2013

Brian Reardon

Software Engineer 12 Fourth Street

Fanningdale, NY 11735

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 [email protected].

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

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Stocker. Marlie

. From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:43 AM

[email protected]

WSLCB RFP K430 - Rejection Notification

K430_Brian Reardon_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

[email protected]

1

00005583

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Washington State

liquor Control Board

February 25, 2013

Brian Reardon

Sottware Engineer 12 Fourth Street

Fanningdale, NY 11735

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 [email protected].

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

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Stocker. Marlie

From:

Posted At:

Conversation:

[email protected]

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

Page 185: R - Non-Responsive Part 1.pdf

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 INITIATIVE 502 CONSULTING SERVICES. I would like to offer my assistance regarding the implementation of the Washington State Initiative 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. It 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 Initiative 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

[email protected]

00005586

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Washington State

Liquor Control Board

February 22, 2013

Brandon Webby Cannabis Consultants, LLC

595 Arkansas Mtn. Rd.

Boulder, CO 80302

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 [email protected] 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 [email protected].

Sincerely,

Jolm F31’ley Procurement Coordinator

cc: K430 Contract file

PO Box 43090,3000 Pacific Ave. SE, Olympia WA 98504, (360) 664-1600, www.liq.wa.gov

00005587

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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 [email protected] 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 [email protected].

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

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Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Friday, February 22, 2013 3:13 PM

[email protected]’ WSLCB RFP K430 - Rejection Notification

K430_Rejection Letter_Cannabis Consultants.pdt

Good Afternoon,

Thank you for submitting a response to Washington State Liquor Control Board (WSLCB) Request for Proposals (RFP) K430 - Initiative S02 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

[email protected]

1

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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 [email protected] 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 [email protected].

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

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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

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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

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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.

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Joel Smith has approximately 12 years experience in law enforcement as a

police officer and investigator with the Colorado Medical Marijuana Enforcement Division.

Joel received his Bachelor’s Degree in Law Enforcement and Justice

Administration with a secondary degree in Sociology from Western Illinois

University in 1998. He received his Master’s Degree in Law Enforcement and Justice Administration from Western Illinois University in 2003.

Joel worked as a police officer in both Rockford, IL and Denver, 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 organizing and leading neighborhood watch meetings, working with various city agencies to close

problem properties and assisting the Rockford Police Narcotics Units in

approximately 75 narcotics raids.

From July 2011 to November 2012 Joel worked for the Colorado

Department of Revenue, Medical Marijuana Enforcement Division

(MMED). He worked as a criminal investigator and performed

approximately 600 licensing inspections of medical marijuana centers, associated marijuana grows and marijuana infused product manufacturers.

My inspections certified the businesses adhered to State of Colorado rules

and regulations.

Since November 2012 Joel has been doing private consulting with medical

marijuana businesses in the Denver area. He is confirming the businesses

are operating within the State of Colorado rules and regulations. Joel is also

assisting the businesses in creating internal security policies.

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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 single email message and send it to [email protected].

~ 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 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 IcbbidsC lig.wa.gov inbox. The "receive date/time" posted by the WSLCB’s email system will be used as the official time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’s

systems 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 accompanying 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 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 anyone or more of these sections may be rejected as being non-responsive.

Proposer’s Authorized Offer (see page 2)

Proposer hlformation (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 reqnired 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

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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

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SUBCONTRACTOR INFORMATION

Check the applicable box:

DYes ISJN 0 Your firm intends on utilizing 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 through tbe Contractor.

If revisions are required in tbe subcontract assignment, new parties are to be proposed in advance of

assignment, 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 agreeing 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), Washington 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

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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 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

disqualified from further consideration for the award of a contract.

RFP K430 Submittal Documen.t

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NON-COST PROPOSAL

Please refrain from using company name or other information that will identify your company while preparing your response for the Non-Cost Submittal. The Washington State Liquor Control Board (WSLCB) reserves the right to

modify proposals in order to eliminate company names or any other information that may identify a specific company brand.

CATEGORY 1- PRODUCT AND INDUSTRY KNOWLEDGE

Please answer the questions listed below, attaching additional pages as necessary:

1. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or other expertise inProduct and hldustry Knowledge, including but not limited to the following:

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 overproduced, contaminated, or recalled

2. Experience. In two (2) pages or less, please describe your firm’s experience in Product and Industry Knowledge as it relates to Marijuana.

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 defme 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 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.

CATEGORY 2 - PRODUCT OUALITY STANDARDS AND TESTING

Please answer the questions listed below, attaching additional pages as necessary:

5. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or

expertise in Product Quality Standards and Testing, including but not limited to the following: 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 Marijuana

6. Experience. In two (2) pages or less, please describe your firm’s experience in the Product Quality Standards and

Testing field, as it relates to Marijuana.

7. 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. .

8. 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 to develop a reputable protocol for Product Quality Standards and Testing as requested in this RFP, to determine TCI-I/CBD levels and/or ratios, mold or chemical contaminates, and Product strain.

KFP K430 Submittal Document

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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.

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 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 finn’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 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 Marijuana System.

RFP K430 Submittal Document

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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

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Biography for Retired Special Agent Paul W. Sclnnidt

S/A Schmidt began ills csreer with Drug Enforcement Administration (DEA) in

1987 after serving more than six years with the Arapahoe County Sheriff’s Department’ Littleton, Colorado. As a Deputy Sheriff, S/A Sclnnidt 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 Sclunidt’s first assignment was the Portland, Oregon Resident Office (1987 -1991), where he advanced to a GS-12 level before applying for an overseas assignment. In

1991, S/ A Sclunidt was transferred to the Mar&caibo, Venezuela Office and served there

until the office was closed in 1992. S/ A Sclnnidt completed ills overseas tour at the

Country Office in Caracas, Venezuela when he was transferred to the Miami Field

Division in 1995. WillIe 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

Sclnnidt assumed the position of the Resident Agent in Charge of the Cheyenne Reside

Office. In September 2001, S/A Sclnnidt transferred to the Special Operations Division

in Washington D.C. where he served as a StaffCool’dinator assigned to the international

money launderhig unit. 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 DBA

activities and operations in the State of Oregon and southwest counties of the State of

Washington.

Throughout S/A Schmidt’s law enforcement career, he has strived to advance ill

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 inclnding 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 the prosecution. Willie stationed in the I northwest, S/A Sclnnidt participated with Ph. D. Mahmoud A. EISohly, Project

Director, for a study of crumab s sponsored by the National Institute on Drug Abuse (NIDA) at th

University of Miss ssippi, Resesrch Institute of Pharmaceutical Sciences, Health Scienc s

Research Division at the School of Pharmacy. S/A Sclnnidt worked with reseru’chers

analyzing various samples of seized cannabis (marijuana) to determine the THC%,

CBC%, CBD%, ruId CBN% (percentages) and values. With tills data, the project in par studied what strains of cannabis cnltivated under vru’ious conditions produced the highe levels of each cannabinoid.

Overseas, SI A Schmidt acquired a lrulguage proficiency in Spanish that assisted

him in his assigned duties at the Maracaibo Resident Office and the Caracas COlmtry

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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

applicatons including the financial database application currently narned "FIND IT" tha

assists Staff Coordinators in researching fmancial information including Grand Jnry materials. Tins project required him to testify before Grand Jnries in the District of

Columbia and present the project and updates to the Chief Judge of the District. Anothe

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Biography for Retired Special Agent Paul W. Schmidt

project 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 major 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 Marijuana 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 Marijuana 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 subject

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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 techniques.

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 request

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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 you for your consideration, Cannabis Consultants

www.CannaConsult.org

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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 [email protected]. )> 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 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 [email protected]. The "receive date/time" posted by the WSLCB’s email system will be used as the official time stamp. The WSLCB is not responsible for problems or delays with e-mail when the WSLCB’s

systems 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 accompanying 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 anyone 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 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

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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

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SUBCONTRACTORINFO~TION

Check the applicable box:

DYes ~No Your firm intends on utilizing 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 through the Contractor.

If revisions are required in the subcontract assignment, new parties are to be proposed in advance of

assignment, 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 agreeing 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), Washington 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

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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

disqualified from further consideration for the award of a contract.

RFP K430 Submittal Document

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NON-COST PROPOSAL

Please refrain from using company name or other information that will identify your company while preparing your response for the Non-Cost Submittal. The Washington State Liquor Control Board (WSLCB) reserves the right to modify proposals in order to eliminate company names or any other information that may identify a specific company brand.

CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE

Please answer the questions listed below, attaching additional pages as necessary:

1. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, slcills and/or other expertise in Product and Industry Knowledge, including but not limited to the following:

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 overproduced, contaminated, or recalled

2. Experience. In two (2) pages or less, please describe your firm’s experience in Product and Industry Knowledge as it relates to Marijuana.

3. Team Strncture and Internal Controls. In two (2) pages or less, please describe the proposed proj ect 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 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 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.

CATEGORY 2 PRODUCT OUALITY STANDARDS AND TESTING

Please answer the questions listed below, attaching additional pages as necessary:

5. Ability, Capacity and Skills. In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or

expertise in Product Quality Standards and Testing, including but not limited to the following: 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 Marijuana

.

6. Experience. In two (2) pages or less, please describe your firm’s experience in the Product Quality Standards and

Testing field, as it relates to Marijuana.

7. 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 1forn1ation on the named staff, including the individuals’ particular skills related to this project, education, experience, significant accomplishments and any other pertinent information.

8. Approach and Methodology. In two (2) pages or less, please provide a complete description of your films’

proposed approach and methodology to be used in assisting the WSLCB to develop a reputable protocol for Product Quality Standards and Testing as requested in this RFP, to determine TCHlCBD levels and/or ratios, mold or chemical contaminates, and Product strain.

RFP K430 Submittal Document

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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.

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 Qnalifications and Capabilities. Please identify staffby 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 Sltills. In two (2) pages or less, please describe your firm’s ability, capacity, and skills and/or expertise in Product Regulation, including but not lilnited to, the following:

a. Experience with State, local or Federal govermnent 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 iuformation on tlle named staff, iucluding the individuals’ particular skills related to this project, education, experience, significant accomplishments and any other pertinent information.

16. Approach and Methodology. hl two (1) 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 1(430 Submittal Document

7

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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 ta e : oury a e

Descrintion NTE H urlv Rate

Not-to-Exceed (NTE) Hourly Rate for 1-502$ 600.00 p/hourConsulting 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

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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

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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

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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.

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Joel Smith has approximately 12 years experience in law enforcement as a

police officer and investigator with the Colorado Medical Marijuana Enforcement Division.

Joel received his Bachelor’s Degree in Law Enforcement and Justice

Administration with a secondary degree in Sociology from Western Illinois

University in 1998. He received his Master’s Degree in Law Enforcement and Justice Administration from Western Illinois University in 2003.

Joel worked as a police officer in both Rockford, IL and Denver, 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 organizing and leading neighborhood watch meetings, working with various city agencies to close

problem properties and assisting the Rockford Police Narcotics Units in

approximately 75 narcotics raids.

From July 2011 to November 2012 Joel worked for the Colorado

Department of Revenue, Medical Marijuana Enforcement Division

(MMED). He worked as a criminal investigator and performed approximately 600 licensing inspections of medical marijuana centers, associated marijuana grows and marijuana infused product manufacturers.

My inspections celiified the businesses adhered to State of Colorado rules and regulations.

Since November 2012 Joel has been doing private consulting with medical

marijuana businesses in the Denver area. He is confirming the businesses

are operating within the State of Colorado rules and regulations. Joel is also

assisting the businesses in creating internal security policies.

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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

Littleton, 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

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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 project required him to testify before Graod Juries in the District of Columbia and present the project and updates to the Chief Judge of the District. Anothe

2

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Biography for Retired Special Agent Paul W. Schmidt

project 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 major 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 positve 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 Marijuana 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 Marijuana 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 subject

3

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Biography for Retired Special Agent Paul W. Schmidt

matter expert on cannabis for the MMED and 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 pharmaceutcal 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 domestcally 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 techniques.

.

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 request

4

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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 [email protected].

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

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Washington State

liquor Control Board

February 25,2013

William Jamieson

Cannabis Network Solntions

PO Box 47700

Phoenix, AZ 85068

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 [email protected].

Sincerely,

hn Farley Proem’ement Coordinator

eo: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

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Stocker. Marlie

From:

Sent:

To:

Subject: . Attachments:

K430

Monday, February 25, 2013 11:45 AM

420patients.com ([email protected]) 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

[email protected]

1

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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 dlsqualijthe 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 RFP K430,.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 [email protected].

Sincerely,

~ce: [(430 Contract file

3000 Pacific Ave. SE, POBox 43090, Olympia WA 98504,3090, (360) 664-1600, www.liq.wa.gov

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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

[email protected]

Powered by 420Patients.com Network of Solutions - [email protected] - 480-420-7244

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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: [email protected] 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

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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 tracking 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 keep pricing at or below black mm’ket 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 regulatiOlis.

Category 4 Deliverables:

Contractor shall:

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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 OF PERFORMANCE

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)

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. Identify payee name and address in compliance with U.S. Postal regulations

. Describe and document, to the WSLCB’S satisfaction, a description of the goods provided and/or work perfonned, inclnding dates

. Be accompanied by documentation that confinns that services were perfonned or products were received

The WSLCB may, in its sole discretion, tenninate the contract or withhold payments claimed by the Contractor for goods and/or services rendered if the Contractor fails to satisfactorily comply with any tenn or condition of this contract.

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

Payment shall be considered timely if made by the WSLCB within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor.

Payment for materials, supplies and/or equipment received and for services rendered shall be made by WSLCB and be redeemable in U.S. dollars. Any bank or transaction fees or similar costs associated with currency exchange procedures or the use of purchasing/credit cards shall be fully assumed by the Contractor.

In the event that the Contractor overcharges the WSLCB, checks shall be mailed with the hard copy credit memos PO BOX 43085 Olympia W A 98504.

CONTRACT ADMINISTRATION

All authorized communication regarding this contract shall occur between the Contractor’s Authorized Representative or desiguee and the WSLCB Contract Administrator or designee.

Contractor’s Authorized Representative I WSLC Coutract Administrator IContractor’s Authorized Representative Name

William Jamieson Washington State Liquor Control Board

PO BOX 47700 PO Box 43090

Phoenix, Arizona 85068 Olympia, W A 98504

Phone: (602) 332-0748 Phone: (360) 664-

Email address: [email protected] Email address: Enter Email

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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 of Washington stalntes and regulations

2. Special tenns and conditions as contained in this basic contract instrmnent

3. Exhibit A - General Terms and Conditions

4. Exhibit B - Reqnest for Proposals No. K430

5. Exhibit C - Contractor’s Proposal dated 2/15/2013

6. Any other provision, tenn or material incorporated herein by reference or otherwise

incorporated

APPROVAL

The siguatories to this Contract represent that they have the authority to bind their respective organizations to this Contract.

In Witness Whereof, the parties hereto, having read this Contract in its entirety, including all

attaclnnents, do agree in each and every particular and have thus set their hands hereunto.

For Contractor: Project Manager for WSLCB:

(Contractor Authorized Representative Signature) (Date) (Signature) (Date)

Washington State Liquor Control BoardCANNABIS NETWORK 3000 Pacific Ave SE

Contl’aclor Name SOLUTIONS A!!encv Name Olympia, W A 98504

Print Name WILLIAM JAMIESON Print Name

Telephone No. 602-332-0748 Telephone No.

Email WJ(420Patients.com Email

Authorizing WSLCB Contract Manager Approval

Print Name Date

SignatnreEmail

Phone

CONTRACT NO. K430 Page 5 of 30

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EXIDBITA-

GENERAL TERMS AND CONDITIONS

DEFINITIONS.............................................................................................................................................. 7

ACCEPTANCE ......:............ ........................... .......................... ............

ERRORI BOOKMARK NOT DEFINED.

ADMINISTRATIVE SUSPENSION ................................................................................... .............. ...........

9

ADVANCE PAYMENTS PROHIBITED.....................................................................................................9

ADVERTISING ............................................................................................................................................9

ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS............. ...................................................

9

AMENDMENTS ................................................................................... ................................ .......................

9

AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35........................................................................................... .........................9

ANTITRUST ..................................................................................... ............................. ..............................

9

ASSIGNMENT ..........................

.................................................................................................................10

ASSURANCES...........................................................................................................................................10

ATTORNEYS’ FEES..................................................................................................................................10

CHANGES..................................................................................................................................................10

COMMENCEMENT OFWORK................................................................................................................10

CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ..............................................................10

CONFLICT .................................................................................................................................................10

CONFLICT OF INTEREST........................................................................................................................10

CONFORMITY ........................................................................ ..................................................................10

CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS ................................11 COST OF REMEDY

.............................................................................................................. ........... .......... 11

COVENANT AGAINST CONTINGENT FEES ..................................................:.....................................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 DEFINED. ESTABLISHED BUSINESS ......................................................................................................................12

FORCE MAJEURE.....................................................................................................................................12

GIFTS AND GRATUITIES........................................................................................................................13

GOVERNING LAW ...................................................................................................................................13

INCORPORATED DOCUMENTS ............................................................................................................13

INDEMNIFICATION.................................................................................................................................13

IDENTIFICATION.....................................................................................................................................14

INDEPENDENT CAPACITY OF THE CONTRACTOR ..........................................................................14

INDUSTRIAL INSURANCE COVERAGE...............................................................................................14

INSPECTION AND REJECTION ..............................................................................................................14 .

INSURANCE..............................................................................................................................................14

LEGAL NOTICES............................................................... .......................................................................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

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ORDER FULFILLMENT REQUIREMENTS .............. ........................ ERROR! BOOKMARK NOT DEFINED.

OSHA AND WISHA REQUIREMENTS ...................................................................................................19

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

...................................................... ...................... .................................... .................................... 30

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.

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C. "WSLCB" -- shall mean the Liquor Control Board of the State of Washington, any division, section, office, unit or other entity of the WSLCB, or any of the officers or other officials

lawfully representing that WSLCB.

D. "Agent" -- shall mean the Director, and/or the representative authorized in writing to act on the Director’s behalf, or Contractor’s authorized representative acting on behalf of the Contractor.

E. "Amendment" -- For the purposes of this Contract, shall mean an agreement between th

parties to change this Contract after it is fully signed by both parties. Such agreement shall be memorialized in a written document describing the agreed upon change including any tenns and conditions required to support such change. An Order Docmnent shall not constitute an Amendment to this Contract.

F. "Business Days" -- Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for

holidays observed by the state of Washington.

G. "Calendar Days" -- Consecutive days of the year including weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When "days" are not

specified, Calendar Days shall prevail.

H. "Contract" -- An agreement, or mutual assent, between two or more competent parties with the elements of the agreement being offer, acceptance, consideration, and legal binding.

I. "Contract Administrator" -- The primary coutact for the WSLCB regarding this contract.

J: "Contractor" -- shall mean that finn, provider, organization, individual or other entity providing goods and or service(s) under this contract, and shall include all employees of the Contractor.

K. "Contractor’s Authorized Representative" -- An individual or agent designated by the Contractor to act on its behalf and with the authority to legally bind the Contractor concerning the terms and conditions set forth in Solicitation and Contract documents.

L. "Inspection" -- An examination of delivered material, supplies, services, and/or equipment prior to Acceptance aimed at fonning a judgment as to whether such delivered items are what was ordered, were properly delivered and ready for Acceptance. Inspection may include a high level visual examination or a more thorough detailed examination as is customary to the type of purchase, as set forth in the solicitation document and/or as agreed between the parties. Inspection shall be acknowledged by an authorized signature of the WSLCB.

M. "Invitation For Bids" (IFB) -- The fonn utilized to solicit Bids in the formal, sealed Bid

procedure and any amendments thereto issued in writing by the WSLCB. Specifications and qualifications are clearly defined.

N. "Lead Time/After Receipt of Order (ARO)" -- The period of time between when the Contractor receives the order and the WSLCB receives the materials, supplies, equipment, or services order.

O. "Order Document" -- A written communication, submitted by the WSLCB to the Contractor, which details the specific transactional elements required by the WSLCB within the scope of this Contract such as delivery date, size, color, capacity, etc. An Order Docmnent may include, but is not limited to purchase orders, work order or other writings as may be designated by the

parties hereto. No additional or alteroate terms and conditions on such written communication shall apply unless authorized by this Contract and expressly agreed between the WSLCB and the Contractor.

P. "Proposal" -- A written offer to perfOTIll a Contract to supply materials, supplies, services, and/or equipment in response to a Request for Proposal (RFP).

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Q. "Request for Proposals (RFP)" -- The fonn utilized to solicit Proposals in the formal, sealed Bid procedure and any amendments thereto issued in writing by the WSLCB. The

specifications and qualification requirements are written in an outcome based form 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 under a separate contract with the Contractor.

ADMINISTRATIVE SUSPENSION

When in the best iuterest of the WSLCB; the WSLCB may at anytime, 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 shall resume perfonnance on the next business day following the 30th 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 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 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 shall be responsible for its own attorneys’ fees incurred as a result oflhe 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 iu writing and signed 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 with the ADA, which provides comprehensive civil lights protection to individuals with disabilities in the areas of employment, public accommodations, state and local govermnent services, and teleCOlmnunications.

ANTITRUST

The WSLCB maintains that, 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 clainis 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.

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ASSIGNMENT

Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the Contractor without prior written consent of the WSLCB.

ASSURANCES

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

ATTORNEYS’ FEES

In the event oflitigation or other action brought to enforce contract tenns, each party agrees to bear its own attorney fees and costs.

CHANGES

The WSLCB reserves the right to modify this Contract by mutual agreement between the WSLCB and the Contractor, so long as such modification is substantially within the scope of the original Contract.

Alterations to any of the tenns, conditions, or requirements of this Contract shall only be effective

upon written issuance of a mutually agreed Contract Amendment by the Contract Administrator.

COMMENCEMENT OF WORK

No work shall be performed by Contractor until this Contract is executed by the Contractor and the WSLCB and is received 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 purpose not directly connected with the administration ofthis contract, except with prior written consent ofthe WSLCB, or as may be

required by law.

CONFLICT

To the extent possible, the terms of this Contract shall be read consistently.

CONFLICT OF INTEREST

Notwithstanding any determination by the Executive 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 Agent that there is a violation of tlle Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Contractor in the

procurement of, or perfonnance under this contract.

In the event this contract is terminated as provided above, the WSLCB shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract

by the Contractor. The rights and remedies of the WSLCB provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination wlder this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract.

CONFORMITY

If any provision of this Conh’act violates any Federal or State of Washington stalute or rule oflaw, it is considered modified to confonn to that statute or nde of law.

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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 consequential costs of correcting, removing or replacing any or all of the defective materials or equipment 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 equal, 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 organization 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 request a dispute hearing with Agent.

I. The request 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

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. Be mailed to the Agent and the other party’s (respondent’s) Contract Administrator within

.

three (3) working calendar days after the parties agree that they cannot resolve the dispute.

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

3. The Agent shall review the written statements and reply in writing to both parties within ten (10) worldng days. The Agent may extend this period if necessary by notifying the parties.

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

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

ENTIRE AGREEMENT

This Contract document and all snbsequently issued amendments comprise the entire agreement between the WSLCB and the Contractor. No other statements or representations, written or oral, shall be deemed a part of the Contract.

This Contract sets forth the entire agreement between the parties with respect to the subject matter hereof and except as provided in the section titled Contractor Cornmitments, Warranties and Representations, understandings, agreements, representations, or warranties not contained in this Contract or a written amendment hereto shall not be binding on either party. Except as provided herein, no alteration of any of the tenns, conditions, delivery, price, quality, or specifications of this Contract will be effective without the written consent of both parties.

ESTABLISHED BUSINESS

Prior to commencing performance, or prior to that time if required by the WSLCB, law or regulation, Contractor must be an established business finn with all required licenses, fees, bonding, facilities, equipment and trained persOlmel necessary to meet all requirements and

perform the work as specified in the Solicitation. Contractor shall maintain compliance with these requirements throughout the entire term of this contract.

The WSLCB the right to require receipt of proof of compliance with said requirements within ten (10) calendar days from the date of request, and to terminate this Contract as a material breach for noncompliance with any requirement of this paragraph.

IIORCE MAJEURE

The term "force majeure" means an occurrence that causes a delay that is beyond the control ofthe

party affected and could not have been avoided by exercising reasonable diligence. Force majeure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences.

Exceptions: Except for payment of sums due, neither party shall be liable to the other or deemed in breach under this Contract if, and to the extent that, such party’s perfonnance of this Contract is

prevented by reason of force maj eure.

Notification: If either party is delayed by force majeure, said party shall provide written notification within fOliy-eight (48) hours. The notification shall provide evidence of the force majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall likewise be provided. So far as consistent with the Rights Reserved below, the time of completion shall be extended by Contract amendment for a period of time equal to the time that the results or effects of such delay prevented the delayed party from performing in accordance with this Contract.

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Rights Reserved: The WSLCB reserves the right to authorize an amendment 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 in Public Service Law, Chapter 42.52 RCW state officers and employees are prohibited from receiving, accepting, taking or seeking gifts (except as permitted by RCW 42.52.150) if the officer or employee participates in contractual matters relating to the purchase of goods or services.

GOVERNING LAW

This contract shall be construed and interpreted in accordance with the laws of the State of

Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.

INCORPORATED DOCUMENTS

. 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 on WSLCB’s Order Documents, if used; and

4. All Contractor or manufacturer publications, written materials 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 in this contract, means any financial loss, claim, suit, action, damage, or expense, including but not limited to attorney’s fees, attributable for bodily injury, sickness, disease, or death, or 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.

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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, 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 required 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 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 tile materials, supplies or equipment, if the materials, supplies or equipment does not confonn to contractual requirements. If there are any apparent defects in the materials, supplies, or equipment at tile time of delivery, the WSLCB will promptly notify tlle 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) 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

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 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 required, may result in Contract cancellation.

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Contractor shall include all Subcontractors as insureds under all required insurance policies, or shall fumishseparate Certificates of Insurance and endorsements for each Subcontractor.

Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of

Subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or responsibility.

All insurance provided in compliance with this Contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the state.

Specific Requirements:

Employers Liability (Stop GaP): The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employers Liability insurance with a limit of no less than $1,000,000.00. The WSLCB will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the terms of this Contract.

COlmnercial General Liability 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 injury and property damage arising out of services provided 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, representatives, assigns, or servants.

The insurance shall also cover bodily injury, including disease, illness and death, and property damage arising out of the Contractor’s premises/operations, independent Contractors, products/completed operations, personal injury and advertising injury, and contractual liability (including the tort liability of another assumed in a business Contract), and contain separation of insured’s (cross liability) conditions.

Contractor waives all rights against the WSLCB 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 Limits (other than products-completed $2,000,000 operations)

Products-Completed Operations Aggregate $2,000,000 Personal and Advertising Injury Aggregate $1,000,000 Each OcclUTence (applies to all of the above) $1,000,000 Fire Damage Limit (per occurrence) $ 50,000 Medical Expense Limit (anyone person) $ 5,000

Business Auto Policy CBAP): In the event that services delivered pursuant to this Contract involve the use of vehicles, or the transportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease, and death; and property damage caused by an occurrence arising out of or in consequence of the

performance of this service by the Contractor, Subcontractor, or anyone employed 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 per occurrence. The business auto liability shall include Hired and Non-Owned coverage.

Contractor waives all rights against the WSLCB 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 policies shall include, but not be limited to, the following provisions:

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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 days 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 days 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-payment to Premium: If cancellation on any policy is due to non-payment of

premium, a written notice shall be given the Contract Administrator ten (10) calendar days 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 complying 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 Days 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

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cooperate with the other party in any lawful effort by the other party to contest the legal validity of such subpoena or. other legal process cOlmnenced by a third party.

LICENSING, ACCREDITATION AND REGISTRATION

The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and

registration requirements/standards, necessary for the performance of this contract.

LIENS, CLAIMS AND ENCUMBRANCES

All materials, equipment, snpplies and/or services shall be free of all liens, claims, or encumbrances of any kind, and if the WSLCB requests, a formal release of same shall be delivered.

LIMITATION OF AUTHORITY

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

LIMITATION OF LIABILITY

The parties agree that neither Contractor or the WSLCB shall be liable to each other, regardless of the form of action, for. consequential, incidental, indirect, or special drunages except a claim related to bodily injury or death, or a claim or demand based on patent, copyright, or other intellectual

property right infringement, in which case liability shall be as set forth elsewhere in this Contract. This section does not modify any sections regarding liquidated datnages or any other conditions as are elsewhere agreed to herein between the parties. The datuages specified in the sections titled Tennination for Default and Retention of Records are not consequential, incidental, indirect, or

special damages as that tenn is used in this section.

Neither the Contractor nor the WSLCB shall be liable for damages arising from causes beyond the reasonable control and without tlle fault or negligence of the Contractor or the WSLCB. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of a

govermnental body otller than the WSLCB acting in either its sovereign or contraclual capacity, war, explosions, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the delays must be beyond the reasonable control and without fault or negligence of the Contractor, the WSLCB, or their

respective Subcontractors.

If delays are caused by a Subcontractor without its fault or negligence, Contractor shall not be liable for damages for such delays, tmless the Services to be performed were obtainable on

comparable terms from other sources in sufficieut time to permit Contractor to meet its required perfOTIllanCe schedule.

Neither party shall be liable for personal injw’y to the other party or damage to the other party’s property except personal injury or damage to property proximately caused by such party’s respective fault or negligence.

LIQillDATED DAMAGES

Any delay by Contractor in meeting the DeliveJY Date, Installation Date, maintenance or repair date, or other applicable date set forth under this Contract will inteJfere with the proper implementation ofWSLCB’s progrruns and will result in loss and damage to WSLCB.

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As it would be impracticable to fix the actual damage sustained in the event of any such failure(s) to perform, WSLCB and Contractor agree that in the event of any such failure(s) to perform, the amount of damage which will be sustained will be the amount set forth in the following subsections and the parties agree that Contractor shall pay such amounts as liquidated damages and not as a penalty.

Liquidated damages provided under the terms of this Contract are subject to the same limitations as provided in the section titled Limitation of Liability.

lfContractor’s maintenance personnel fail to arrive at WSLCB’s site within [insett agreed upon time period] after notification by WSLCB that maintenance is required, Contractor shall pay to WSLCB as fixed and agreed liquidated damages, in lieu of all other damages due to such non- responsiveness, for each hour between the agreed [insert agreed upon time period] response time and the actual response time an amount of [_O~ dollars [($_O-.J] per hour for each "late"

.

hour or part thereof (prorated) beginning Witll the time of notification by WSLCB and ending with the time that Contractor’s maintenance persoffilel arrive at the WSLCB Distribution Center.

MATERIALS AND WORKMANSHIP

The Contractor shall be required to furnish all materials, supplies, equipment and/or services

necessary to perfoffil Contractual requirements. Materials, supplies and workmanship used in the construction of equipment for this Contract shall conform to all applicable federal, state, and local codes, regulations and requirements for such equipment, specifications contained herein, andthe normal uses for which intended. Materials, supplies and equipment shall be manufactured in accordance with the best commercial practices and standards for this type of materials, supplies, and equipment.

MATERIAL BREACH

A Contractor may be Terminated for Cause by the WSLCB, at the sole discretion of the Contract

Administrator, for failing to perfonn a contractual requirement or for a material breach of any tet’m or condition. Material breach of a term or condition of the Contract may include bnt is not limited

to:

I. Contractor failure to perform services or deliver materials, supplies, or equipment by the date

required or by an alternate date as mutually agreed in a written amendment to the Contract;

2. Contractor failure to carry out any warranty or fails to perform or comply with any mandatory provision of the contract;

3. Contractor becomes insolvent or in an unsound financial condition so as to endanger performance hereunder;

4. Contractor becomes the subject of any proceeding under any law relating to bankmptcy, insolvency or reorganization, or relief f’om creditors and/or debtors fuat endangers the Contractor’s proper performance hereunder;

5. Appointment of any receiver, trustee, or similar official for Contractor or any of the Contractor’s property and such appointment endangers tlle Contractor’s proper perfonnance hereunder;

6. A determination that the Contractor is in violation of federal, state, or local laws or regulations and that such detemlination renders the Contractor tmable to perform any aspect of the Contract.

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NO ADDITIONAL CHARGES

Unless otherwise specified in the Solicitation no additional charges by the Contractor will be allowed including, but not limited to: handling charges such as packing, wrapping, bags, containers, reels; or the processing fees associated with the use of credit cards. Notwithstanding the foregoing, in the event that market conditions, laws, regulations or other unforeseen factors

dictate, at the Contract Administrators sole discretion, additional charges may be allowed.

NONCOMPLIANCE WITH NONDISCRIMINATION LAWS

In the event of the Contractor’s non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in

part, and the Contractor may be declared ineligible for further contracts with the WSLCB. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein.

NONDISCRIMINATION

During the petfonnance of this contract, the Contractor shall comply with all federal and state nondiscrimination laws, regulations aud policies.

NON-EXCLUSIVE REMEDIES

The remedies provided for in this Contract shall not be exclusive but are in addition to all other remedies available under law.

OPPORTUNITY TO CURE

In the event that Contractor fails to perfonn a contractual requirement or materially breaches any term or condition, the WSLCB may issue a written cure notice. The Contractor may have a period oftime in which to cure. The WSLCB is not required to allow the Contractor to cure defects if the

opportunity for cure is not feasible as determined solely within the discretion of the WSLCB. Time allowed for cure shall not diminish or eliminate Contractor’s liability for liquidated or other

damages, or otherwise affects any other remedies available against Contractor lmder the Contract or by law.

If the breach remains after Contractor has been provided the opportunity to cure, the WSLCB may do anyone or more of the following:

1. Exercise any retnedy provided by law;

2. Tenninate this Contract and any related Contracts or portions thereof;

3. Procure replacements and impose damages as set forth elsewhere in this Contract;

4. Impose actual or liquidated damages;

5. Suspend or bar Contractor from receiving future Solicitations or other opportunities;

6. Require Contractor to reimburse the state for any loss or additional expense incurred as a resnlt of default or failure to satisfactorily perfonn the tenns of the Contract.

. OSHA AND WISHA REQillREMENTS

Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Administration (OSHA) and, ifmanuf ctured or stored in the State of Washington, the Washington Industrial Safety and Health Act (WISI-lA) and the standards and regulations issued there under, and certifies that all items fumished and purchased will confonn to and comply with said laws, standards and regulations. Contractor further agrees to indetIll1fy and hold hannless WSLCB from all damages

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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 furnished 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 (1 %) per month on the amount dne, until paid in full.

OWNERSHIP/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. 9101 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, fonnulae, 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 infonnation 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 perform 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

pennission 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 perfonn any Work Product 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 Matedal"), 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 shall exert all reasonable effort to advise the WSLCB at the time of delivery of Preexisting Matedal furnished 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 Contractor I’ 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.

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PERSONAL LIABILITY

It is agreed by and between the parties hereto that in no event shall any official, officer, employee or

agent of the WSLCB when executing their official duties in good faith, be in any way personally liable or responsible for any agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.

PRICE INCREASES

Contractor requests for adjustments in pricing will be considered at sole discretion of the WSLCB

only after expiration of the firm and fixed price period, and then on a pass through basis only that does not produce a higher profit margin for Contractor than that established by the original contract

pricing.

Contractors may not make extensions contingent on price adjustments.

Price Increases will not be considered without supporting documentation sufficient to justify the

requested increase. Documentation must be based on published indices and/or the result of increases at the manufacturer’s level, incurred after contract COlmnencement date. The grant of any price .

adjustment will be at the sole discretion of the WSLCB and, if granted, shall not produce a higher profit margin for the Contractor than that established by the original contract pricing. Any adjnstments in pricing shall be set forth in a written amendment to the contract. Price adjustments granted by the WSLCB shall remain unchanged for at least 365 calendar days thereafter, and no

request for adjustments in price will be considered during that time period.

PRICE PROTECTION

Contractor warrants that prices of materials, supplies, services, and/or equipment set forth herein do not exceed those charged by the Contractor to any other customer purchasing the same under similar conditions and in like or similar quantities.

PRIVACY

Personal information including, but not limited to, "Protected Health Information," collected, used, or

acquired in connection with this contract shall be protected against lmauthorized use, disclosure, modification or loss. Contractor shall ensme its directors, officers, employees, Subcontractors or

agents use personal information solely for the purposes of accomplishing the services set forth herein. Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the WSLCB or as otherwise required by law.

Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The Contractor agrees to indemnify and hold hannless the WSLCB for any damages related to the Contractor’s nnauthorized use of personal information.

PROBLEM RESOLUTION AND DISPUTES

Problems arising out of the performance of this Contract shall be resolved in a timely maimer at the lowest possible level with authority to resolve such problem. If a problem persists and calmot be

resolved, it may be escalated within each organization.

In the event a bona fide dispute concerning a question of fact arises between the WSLCB and Contractor and it cannot be resolved between the parties through the nonnal escalation processes, either party may initiate the dispute resolution procedme provided herein.

The initiating party shall reduce its description of the dispute to writing and deliver it to the

responding party. The responding Pal’ly shall respond in writing within three (3) Bnsiness Days. The

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initiating party shal1 have three (3) Business Days to review the response. If after this review a resolution cannot be reached, both parties shal1 have three (3) Business Days to negotiate in good faith to resolve the dispute.

.

If the dispute cannot be resolved after three (3) Business Days, a Dispute Resolntion Panel may be requested in writing by either party who shal1 also identify the first panel member. Within three (3) Business Days of receipt of the request, the other party wil1 designate a panel member. Those two panel members will appoint a third individual to the Dispute Resolution Panel within the next three

(3) Business Days.

The Dispute Resolution Panel wil1 review the written descriptions of the dispute, gather additional information as needed, and render a decision on the dispute in the shortest practical time.

Each party shall bear the cost for its panel member and share equal1y the cost of the third panel member.

Both parties agree to be bound by the determination of the Dispute Resolution Panel.

Both parties agree to exercise good faith in dispute resolution and to settle disputes prior to using a Dispute Resolution Panel whenever possible.

The WSLCB and Contractor agree that, tile existence of a dispute notwithstanding, they wil1 continue without delay to carry out al1 their respective responsibilities under this Contract that are not affected by tile dispute.

If tile subject of the dispute is the amount due and payable by WSLCB for materials, supplies, services and/or equipment being provided by Contractor, Contractor shal1 continue providing materials, supplies, services and/or equipment pending resolution of the dispute provided fue WSLCB pays Contractor the amount WSLCB, in good faith, believes is due and payable, and places in escrow the difference between such amount and the amount Contractor, in good faith, believes is due and payable.

PUBLICITY

The Contractor agrees to submit to the WSLCB al1 advertising and publicity matters relating to this contract wherein the WSLCB’S name is mentioned or language used from which the connection of the WSLCB’S nallle may, In the WSLCB’S judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of the WSLCB.

RECORDS MAINTENANCE

The Contractor shal1 maintain books, records, documents, data and other evidence relating to this contract and perfollllance of the services described herein, including but not limited to accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this contract.

Contractor shal1 retain such records for a period of six (6) years fol1owing the date of final payment. At no additional cost, these records, including materials generated under tlle contract, shal1 be subject at al1 reasonable times to inspection, review or audit by tlle WSLCB, personnel duly authorized by the WSLCB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.

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

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REGISTRATION WITH DEPARTMENT OF REVENUE

The Contractor shall complete registration with the Washington State Department of Revenne and be

responsible for payment of all taxes dne on payments made under this contract.

RETENTION OF RECORDS

The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and the provision of materials, supplies, services and/or equipment described herein, including, but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be

subject at all reasonable times to inspection, ’review, or audit by the WSLCB, personnel duly authorized by the WSLCB, the Washington State Auditor’s Office, and federal and state officials so authorized hy law, regulation or greement.

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

RIGHT OF INSPECTION

TIle Contractor shall provide right of access to its facilities to the WSLCB, or any of its officers, or to

any other authorized agent or official of the state of Washington or the federal government, at all

reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract.

SEVERABILITY

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

SITE SECURITY

While on WSLCB premises, Contractor, its agents, employees, or Subcontractors shall conform in

all respects with physical, fire or other security policies or regulations.

STATEWIDE VENDOR PAYMENT REGISTRATION

Contractors are required to be registered in the Statewide Vendor Payment system, prior to

submitting a request for payment under this Contract.

The Washington State Omce of Financial Management (OFM) maintains a central Contractor

registration file for Washington State agencies to process ContTactor payments.

To ohtain registration materials go to http://www.ofin.wa.gov/isd/vendors.asp the form has two

parts; Part I is the information required to meet the above registration condition. Part 2 allows the state to pay invoices electronically with direct deposit and is the state’s most emcient method of

payment. Contractor are encouraged to sign up for this form of payment.

SUBCONTRACTING

Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work

contemplated under this contract without obtaining prior written approval of the WSLCB. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor’s duties. This

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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

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establish or maintain a market for its products in Washington State. Examples of such activity include where the Contractor either directly or by an agent or other representative:

1. Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business;

2. Maintains an in-state inventory or stock of goods for sale;

3. RegUlarly solicits orders from Purchasers located within the State of Washington via sales

representatives 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 Revenue Registration for Out-of-State Contractors:

Out-of-state Contractors meeting any of the above criteria must register and establish an account with the Department of Revenue. Refer to WAC 458-20-193, and call the Department of Revenue 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 paying this tax, if applicable, directly to the Department of Revenne.

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, paying 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 available by law or Contract. The WSLCB will not incur additional costs related to Contractor’s payment of such fees.

Taxes on Invoice:

Contractor shall calculate and enter the appropriate Washington State and local sales tax on all invoices. Tax is to be computed on new items after deduction of any trade-in in accordance with WAC 458-20-247.

TERMINATION BY MUTUAL 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 event 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 corrective action. If corrective action is not taken within

thirty (30) Calendar Days, the contract lllay be terminated or suspended.

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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 acquisitions 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 required 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 equipment 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 acquire similar

materials, supplies, services and/or equipment 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.

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TERMINATION PROCEDURES

Upon termination of this GontraGt, tlle WSLCB, in addition to any otiler rights provided in tllis

contract, may require tlle Contractor to deliver to the WSLCB any property specifically produced or acquired for the performance of such part of tilis contract as has been terminated. The

provisions of the "Treatment of Assets" clause shall apply in such property transfer.

The WSLCB shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by the WSLCB, and the amount agreed upon by tile Contractor and the WSLCB for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by the WSLCB, and

(iv) the protection and preservation of property, unless the termination is for default, in which case the Agent shall determine the extent of the liability of tile WSLCB. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. The WSLCB may withhold from any amounts due the Contractor such smn as tile Agent detennines to be necessary to protect tile WSLCB against potential loss or liability.

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

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

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

2. Place no furtller orders or subcontracts for goods, materials, services, or facilities except as

may be necessary for completion of such portion of the work under the contract that is not

terminated;

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

4. Settle all outstanding liabilities and all claims arising out of such termination of orders and

subcontracts, with tlle approval or ratification of tlle Agent to tlle extent Agent may require, which approval or ratification shall be final for all the purposes of this clause;

5. Transfer title to the WSLCB and deliver in the manner, at the times, and to the extent directed

by the Agent any property which, if the contract had been completed, would have been

required to be furnished to the WSLCB;

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

7. Take such action as may be necessary, or as tile Agent may direct, for the protection and

preservation of the property related to this contract, which is in the possession of tile Contractor and in which the WSLCB has or may acquire au interest.

TITLE TO PRODUCT

Upon Acceptance, Contractor shall convey to the WSLCB good title to tile Product free and clear of all liens, pledges, mortgages, encumbrances, or other security interests.

TREATMENT OF ASSETS

A. Title to all property furnished by the WSLCB shall remain in tile WSLCB. Title to all property furnished by the Contractor, for the cost of which the Contractor is ’entitled to be reimbursed as

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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, destroyed 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 employees, 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 anyright or remedy provided in the Contract or by law; or the WSLCB’s

acceptance of or payment 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.

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CONTRACT NO. K430

ExhibitB

WSLCB’S Request for Proposals No. K430

Page 29 of 30

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Exhibit C

Contractor’s Propos~l

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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 [email protected].

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

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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-"

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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 Join with other persons or organizatiollS 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 authotized 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

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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 expertise in Product and Ind stry Knowledge, including but not limited to the following:

a. How Marijuana and/or Agricultural products are grown, cultivated, harvested, cured, and processed 420Patients.com / Erupt nutrients / Happy Harvesters HYIlroponics

b. How Marijuana is infused into food and beverages

Bhang Chocolates, Iron Labs and KeefCola to handle

c. How’Marijuana should be packaged, labeled, transported, and sold at retail level

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 overproduced, 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 over 100 years of combined experience we feel confident we can prov e

solutions for all your Cannabis needs. With current caregiver networks in 4 states providing localflower product anti successjitllaunches of several protlucts, we feel confident we have the solutions you are looking for. We currently manage over 100,000sf of cultivation space anti utilize state of the art technologies to increase yieltls and retluce costs

2. Experience. In two (2) pages or less, please describe your firm’s experience in Product and Industry Knowledge as it relates to Marijuana.

With well over 100 years of combined experience and feel confident we can provide solutions for all your dispensary needs. With current caregiver networks in 4 states providing local flower product anti successful products launches of several prOilucts, we feel confident we have the solutions you tire loo/cing for. We

currently manage over 1 OO,OOOsf of cultivation 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 involved 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 provide a clear iclentijiable path for coordinators, currellt task associatetl with each project amI any updates will be provided via 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. 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.

Please see subcontractor list & websites for tulditiollal information, as each company has specialists available to

provide 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 expertise 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

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NON-COST PROPOSAL

Iron Labs to handle

b, Assisting the, WSLCB with establishing quality standards for testing Marijuana Irol1 Labs to handle

6. Experience. In two (2) pages or less, please describe your firm’s experience in the Product Quality Standards and Testing field, as it relates to Marijuana.

With well over 100 years of combinet{ 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 ami successful products launches of Bhang Chocolates, 420Suckers and prebaket[ infused products, we feel confident we have the solutions you are looking for. We currently manage over 100,0008/ of cultivation space and utilize state of the art technologies to increase yieltls and reduce costs

7. 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.

Please see subcontractor list & websites for additional information, as each company has specialists available to provide specific contributions to their company, too many to list.

8. Approach and Methodology. In two (2) pages or less, please provide a complete description of your firms’

proposed approach arid methodology to be used in assisting the WSLCB to develop a reputable protocol for Product Quality Standards and Testing as requested in this RFP, to determine TCH/CBD levels and/or ratios, mold or chemical contaminates, and Product strain.

Micr.oscopic Analysis Our first step in testing is to examine the sample under a high-powered dissecting microscope. Here we check on two things: The trichome ripeness and the impurities present. Trichomes are examined by checking their size, color for overall ripeness, and also the relative amount of damage. For impurities we lookfor synthetic fibers, pests, mold, disease, hairs, seeds, and other contaminants. We also try to give relative amounts and describe the contaminants to aid the caregiver in isolating and solving any problems discovered. Our staff has hundreds of hours’ experience doing microscopic visual analysis of cannabis in providing a thorough and accurate analysis of any flower sample.

Chromatography GCNFID (Gas Chromatograph - Flame IOllizatioll Detector) Here at Iron Labs we test all of our flower and concentrate samples multiple times ,using separate independent GC-FID machines in an effort to eliminate the possibility of human

systematic error whenever possible. Our equipment is calibrated daily with the highest quality standards available from Restek. We spend up to fifteen minutes giving each sample a visual

analysis" recording any impurities, pest, or contaminates we detect. We break the sample down to view inside each floret revealing anything that may be trapped or hiding inside. We are passionate about this and it shows in the reproducibility of our results. Once more, we insist on self-validatation and self-regulation in an evolving industry.

A GC-FJD works by injecting a sample into a column (tube) in an oven which heats up and

measures the transition between the stationary phase (solid or liquid) and mobile phase (gas) as it moves through the column and through the flame ionization detector. Our software analyzes the amounts of each compound and displays them as peaks on a graph as they come out at varying temperature over time. The area under the curve is measured and compared to the calibration to give us accurately quantified results. While we prefer GC analysis for our flowers and concentrates, we realize the difficulties involved with using a GC to test for all properties of edible forms of medical cannabis, also known as medibles. The GC requires harsh chemicals to derivitize cannabinoids so that they

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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 project, 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

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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 project, 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 Marijuana System.

We will suggest a model simUar to Colorado and OJ’ Arizollil

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Stocker, Marlie

From:

Posted At:

Conversation:

420patients..com <[email protected]>

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 you need any additional documents.

We prefer email ...

Thanks, Jamie J MA., Clinical Psych Cannabis Coach

Cell: 602-332-0748

Check us out @ www.420patients.com Cannabis Network Solutions

Lifestyle Choices and Changes Programs Arizona Hemp Festival

Bhang Chocolates Arizona

nutrametrix.com/420patients

1

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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

[email protected] To be provided

Product Regulation Product Usage & Consumption Validation

Product Quality Standards & Testing Product and hldustry Knowledge

_x_No

KeefCola

Eric Knotson

Elixirs I Dri, cs and Cannabis Kitchen

303-386-3784

[email protected] To be provided

Product Regulation Product Usage & Consumption Validation

Product Quality Standards & Testing Product and hldustry Knowledge

x No

Baker Candies

Chris Galgoczy Edibles - Cannabis kitchen

16131 Holmes Ave Cleveland, 0[-[ 44110

313-268-1358

[email protected] To be provided

Product Regulation Product Usage & Consumption Validation

Product Quality Standards & Testing Product and Indnstry Knowledge

x No

Cannabis Network Solutions powered by 420PatielltS.com Page 2 of5

00005668

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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

[email protected] 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

[email protected] 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

[email protected] To be provided

Product and Industry Knowledge- Real Estate

Yes _x_No

Cannabis Network Solutions powered by 420Patients.com Page 3 of5

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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

[email protected] 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

[email protected] 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

[email protected] 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

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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

[email protected] To be provided

Product and Industry Knowledge x No

Erupt Nutrients

Stu Green

Nutrients- cultivation

Po Box 31964 Tucson, AZ

520-401-0272

[email protected] 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

[email protected] To be provided

x No

Product and Industry Knowledge

WeedMaps Scott Hoerling Internet and web management - advertisement

California

948-870-1460

[email protected] To be provided

Product and Industry Knowledge- Advertisement

x No

Cannabis Network Solutions powered by 420Patients.com Page 5 of5

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CATEGORY 1 PRODUCT AND INDUSTRY KNOWLEDGE

Please answer the questions listed below, attaching additional pages as necessary:

1, Ability, Capacity and Sldlls~ In two (2) pages or less, please describe your firm’s ability, capacity, skills and/or other expertise in Product and Industry Knowledge, including but not limited to the following:

a. How Marijuana and/or Agricultural products are grown, cultivated, harvested, cured, and processed 420Patients.com / Erupt nutrients / Happy Harvesters Hytlroponics

b, How Marijuana is infused into food and beverages

Bhang Chocolates, Iron Labs and Keef Cola to handle

c. How Marijuana should be packaged, labeled, transported, and sold at retail level

420Patients.com / Cannaline /Iroll Labs to handle

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 if overproduced, contaminated, or recalled Iron Labs and kitchens to handle

Subcontractors are companies functioning in other states, please see websites for technologies usetl amI more information. With well over 100 years of combined experience we feel confitlent we can provide solutions for all your Cannabis needs. With current caregiver networks in 4 states providing local flower product ami successful launches of several protlucts, we feel confident we have the solutions you are looking for. We currently manage over 100,000sf of cultivation space and utilize state of the art technologies to increase yieltls ami reduce costs

2. Experience. In two (2) pages or less, please describe your firm’s experience in Product and ndustry Knowledge as it relates to Marijuana.

With well over 100 years of combined experience ancl feel confident we can provide solutions for all your dispensary needs. With current caregiver networks in 4 states providing local flower product and successful products launches of several products, we feel confident we have the solutiolls you are looking for. We

currently manage over 1 OO,OOOsf of cultivation space and utilize state of the art technologies to increase

yields and ret{uce 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 involved in performance of this

potential contract and relationships of this staff to other programs or flU1ctions of the firm.

Traditional Project management techniques amI a tracking system will be used for structurtl{ organization and communlcatiolls. Flow Charting will provicle a clear identifiable path for coordinators, current task associate({ with e(teh project and (my updates will be provicled via em ail.

4. Staff Qualifications nnd Capabilities. Please identify staff by name and title, including subcontractors, who would be assigned to the potential contract, indicating their normall’esponsibilities in your finn. 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.

Please see subcontractor list & websites for ([(lelitional informatioll, as each company lUls specialists avai/able to

provltle specific contributions to their company, too many to list.

CATEGORY 2 PRODUCT QUALITY STANDARDS AND TESTING

Please answer the questi.ol1S listed below, attaching additional pages as necessary:

5. Ability, Capacity and Sldlls. In two (2) pages or less, please describe yom firm’s ability, capacity, skills and/or expertise in Product Quality Standards and Testing, including but not limited to the following:

a, Knowledge of the infrastructure required to test Marijuana to ensure product quality, content, ingredients and consumer safety considerations

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NON-COST PROPOSAL

Irolt Labs to hamlle

b. Assisting the WSLCB with establishing quality standards for testing Marijuana Iron Labs to han/lIe

6. Experience. In two (2) pages or less, please describe your firm’s experience in the Product Quality Standards and Testing field, as it relates to Marijuana.

With well over 100 years of combined experience and feel conjillent we can proville 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/eel confident we have the solutions you are looking for. We currently manage over 100,000s/ of cultivation space antI utilize state of the art technologies to increase yields and reduce costs

7. 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.

Please see subcontractor list & websites for additional illformation, as each company has specialists available to provide specific contributions to their company, too many to list.

8. Approach and Methodology. In two (2) pages or less, please provide a complete description of yOUI’ firms’

proposed approach and methodology to be used in assisting the WSLCB to develop a reputable protocol for

Product Quality Standards and Testing as requested in this RFP, to determine TCH/CBD levels and/or ratios, mold 01’ chemical "contaminates. and Product strain.

Microscopic Analysis Our first step in testing is to examine the sample under a high-powered dissecting microscope. Here we check on two things: The trichome ripeness and the impurities present. Trichomes are examined by checking their size, color for overall ripeness, and also the relative amount of

damage. For Impurities we lookfor synthetic fibers, pests, mold, disease, hairs, seeds, and other contaminants. We also try to give relative amounts and describe the contaminants to aid

the caregiver in isolating and solving any problems discovered. Our staff has hundreds of hours’ experience doing microscopic visual analysis of cannabis in providing a thorough and accurate analysis of any flower sample.

"’

Chromatogrilphy GC-FlD (Gas Chromatograph - Flame IOlliZillion Detector) Here at Iron Labs we test all of our flower and concentrate samples multiple times using

separate independent GC-FID machines in an effort to eliminate the possibility of human

systematic error whenever possible. Our equipment is calibrated daily with the highest quality standards available from Restek. We spend up to fifteen minutes giving each sample a visual

analysis, recording any impurities, pest, or contaminates we detect. We break the sample down to view inside each floret revealing anything that may be trapped or hiding inside. We

are passionate about this and it shows in the reproducibility of our results. Once more, we insist 011 self-validatation and self-regulation in an evolving industry.

A GC-FID works by injecting a sample into a column (tube) in an oven which heats up and

measures the transition between the stationary phase (solid or liquid) and mobile phase (gas) as it moves through the column and through the flame ionization detector. Our software

analyzes the amounts of each compound and displays them as peaks on a graph as they come out at varying temperature over time. The area under the curve is measured and compared to the calibration to give us accurately quantified results.

While we prefer GC analysis for our flowers and concentrates, we realize the difficulties involved with using a GC to test for all properties of edible forms of medical cannabis, also known as medibles. The GC requires harsh chemicals to derivitize cannabinoids so that they’

00005673

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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 project, 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

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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 defeJUletl 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 project, education, experience, significant accomplishments and any other pertinent information.

Law firm has over 10 years of eXjJerienpe

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 Marijuana System.

We will suggest (l1flodel similar to Colorado aud or Arizona

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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: [email protected] 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

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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 tracking and reconciliation of Product grown, sold, and/or

destroyed

~ Category 2: Product Quality Staudards and Testing Contractor shall:

a. Have expmt kuowledge 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 knowledgeable 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 keep pricing at or below black market 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:

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I. Conduct stakeholder focus groups for discussion and determination of best practice relating to the growth, harvesting, distribution, product infusion and sale of use able 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 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 ~llTota comlJensatlOn or semces ren ere s a e as 0 ows:

Item Description 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 ctID’ent rules and regtdations set forth in the Washington State Administrative and Accounting Manual

(http://www.ofm.wa.gov/policvldefault.asp).andnottoexceedexpensesactuallyincurred.No payment of travel expenses will be made to Contractor for routine travel to and from the WSLCB’s

location. Contractor may be required to provide 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 services provided and receipt of

properly completed invoices, which should be submitted electronically to: [email protected].

If Contractor is wable to submit invoices electronically, invoices may be submitted by mail to:

Washington State Liquor Control Board Attn: Support Services PO Box 43090

Olympia, W A 98504.

Each invoice shall be identified with the following items:

. State INVOICE

. Identify the invoice 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 volume discowt(s)

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. Identify payee name and address in compliance with U.S. Postal regulations

. Describe and document, to the WSLCB’S satisfaction, a description of the goods provided and/or work perfonned, including dates

. Be accompanied by documentation that confirms that services were performed or products were received

The WSLCB may, in its sole discretion, tenninate the contract or withhold payments claimed by the Contractor for goods and/or services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract.

No payments in advance or in anticipation of services or supplies to be provided under this contract

shall be made by the WSLCB.

Payment shall be considered timely if made by the WSLCB within thirty (30) calendar days after

receipt of properly completed invoices. Payment shall be sent to the address designated by the

Contractor.

Payment for materials, supplies and/or equipment received and for services rendered shall be made

by WSLCB and be redeemable in U.S. dollars. Any bank or transaction fees or similar costs associated with currency exchange procedures or the use of purchasing/credit cards shall be fully assmned by the Contractor.

In the event that the Contractor overcharges the WSLCB, checks shall be mailed with the hard

copy credit memos PO BOX 43085 Olympia W A 98504.

CONTRACT ADMINISTRATION

All authorized communication regarding this contract shall occur between the Contractor’s

Autho1"zed Representative or designee and the WSLCB Contract Administrator or designee.

Contractor’s Authodzed Representative I WSLCB Contract Administrator IContractor’s Authorized Representative Name

Willian) Jamieson Washington State Liquor Control Board

PO BOX 47700 PO Box 43090

Phoenix, Arizona 85068 Olympia, W A 98504

Phone: (602) 332-0748 Phone: (360) 664-

Email address: [email protected] Email address: Enter Email

I I

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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. Special 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 WSLCB:

(Contractor Authorized Representative Signature) (Date) (Signature) (Date)

Washington State Liqnor Control Board

CANNABIS NETWORK 3000 Pacific Ave SE

Contractor Name SOLUTIONS A"encv Name Olvmpia, WA 98504

Print Name WILLIAM JAMIESON Print Name

Telephone No. 602-332-0748 Telenhone No.

Email WJ 420Patients.com Email

Authorizing WSLCB Contract Manager Approval

Print Name Date

Signatm’eEmail

Phone .

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EXHIBIT A-

GENERAL TERMS AND CONDITIONS

DEFINITIONS..............................................................................................................................................7

ACCEPTANCE ..................... ..................................................... ..........

ERROR! BOOKMARK NOT DEFINED.

ADMINISTRATIVE SUSPENSION .................:.......................................................................................... 9 ADV ANCE PAYMENTS PROHIBITED......................................................

............................................... 9

ADVERTISING............................................................................................................................................9

ALTERNATIVE DISPUTE RESOLUTION FEES AND COSTS................................................................ 9

AMENDMENTS ...................................................................................... ....................................................

9

AMERICANS WITH DISABILITIES ACT (ADA) OF 1990. PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFRPART35....................................................................................................................9

ANTITRUST ............. ............................. ................................................. ......................

...............................9

ASSIGNMENT ..................... ............................................. .........................................................................1 0

ASSURANCES ................. .............................................

.............................................................................1 0

ATTORNEYS’ FEES..................................................................................................................................10

CHANGES..................................................................................................................................................10

COMMENCEMENT OF WORK................................................................ ................................................10

CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ..............................................................10

CONFLICT ........................................ .................. ............................... ........................................................

10

CONFLICT OF INTEREST........................................................................................................................10

CONFORMITY ..........................................................................................................................................10

CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS ................................11 COST OF REMEDY

................................................................................................................................... 11

COVENANT AGAINST CONTINGENT FEES ........................................................................................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 DEFINED. ESTABLISHED BUSINESS ......................................................................................................................12

FORCE MNEURE.....................................................................................................................................12

GIFTS AND GRATUITIES........................................................................................................................13

GOVERNING LAW....:..............................................................................................................................13

INCORPORATED DOCUMENTS ............................................................................................................13

INDEMNIFICATION.................................................................................................................................13

IDENTIFICATION.....................................................................................................................................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

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ORDER FULFILLMENT REQUIREMENTS...................................... ERROR! BOOKMARK NOT DEFINED.

OSHA AND WISHA REQUIREMENTS ............................................................................................... .... 19

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! 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 ......................... ................................................. ........... ......

ERROR! OOKMAIU( NOT DEFINED.

TREATMENT OF ASSETS ................................................................................... ............................... .....

27

WAIVER.....................................................................................................................................................28

WARRANTIES ..........................................................................................................................................28

EXHIBIT B............................................... .....................................................................................................29

EXHIBIT C....................................................................................................................................................30

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 Solicitation 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 Solicitation, prior to Acceptance by the WSLCB.

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C. "WSLCB" -- shall mean the Liquor Control Board of the State of Washington, any division,

section, office, unit or other entity of the WSLCB, or any of the officers or other officials

lawfully representing that WSLCB.

D. "Agent" -- shall mean the Director, and/or the representative authorized in writing to act on the Director’s behalf, or Contractor’s authorized representative acting on behalf of the Contractor.

E. "Amendment" -- For the purposes of this Contract, shall mean an agreement between the

parties to change this Contract after it is fully signed by both parties. Such agreement shall be memorialized in a written document describing the agreed upon change including any terms and conditions required to support such change. An Order Document shall not constitute an Amendment to this Contract.

F. "Business Days" -- Monday through Friday, 8:00 a.m. to 5:00 p.m., Pacific Time, except for

holidays observed by the state of Washington.

G. "Calendar Days" -- Consecutive days of the year including weekends and holidays, each of which commence at 12:00:01 a.m. and end at Midnight, Pacific Time. When "days" are not

specified, Calendar Days shall prevail.

H. "Contract" -- An agreement, or mutual assent, between two or more competent parties with the

elements of the agreement being offer, acceptance, consideration, and legal binding.

I. "Contract Administrator" -- The primary contact for the WSLCB regarding this contract.

J. "Contractor" -- shall mean that finn, provider, organization, individual or other entity

providing goods and or service(s) under this contract, and shall include all employees of the Contractor.

K. "Contractor’s Authorized Representative" -- An individual or agent designated by the

Contractor to act on its behalf and with the authority to legally bind the Contractor concerning the terms and conditions set forth in Solicitation and Contract documents.

L. "Inspection" -- An examination of delivered material, supplies, services, and/or equipment prior to Acceptance aimed at fonning a judgment as to whether such delivered items are what

was ordered, were properly delivered and ready for Acceptance. Inspection may include a high level visual examination or a more thorough detailed examination as is customary to the type of purchase, as set forth in the solicitation document and/or as agreed between the parties. Inspection shall be aclrnowledged by an authorized signature of the WSLCB.

M. "Invitation For Bids" (IFB) -- TIle form utilized to solicit Bids in the formal, sealed Bid

procedure and any amendments thereto issued in writing by. the WSLCB. Specifications and

qualifications are clearly defined.

N. "Lead Time/After Receipt of Order (ARO)" -- The period of time between when the Contractor

receives the order and the WSLCB receives the materials, supplies, equipment, or services

order.

O. "Order Document" -- A written communication, submitted by the WSLCB to the Contractor, which details the specific transactional elements required by the WSLCB within the scope of

this Contract such as delivery date, size, color, capacity, etc. An Order Document may include, but is not limited to pm-chase orders, work order or other writings as may be designated by the

parties hereto. No additional or alternate terms and conditions on such written communication

shall apply unless authorized by this Con!mct and expressly agreed between the WSLCB and the Contractor.

P. "Proposal" -- A written offer to perform a Contract to supply materials, supplies, services, andlor equipment in response to a Request for Proposal (RFP).

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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.

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ASSIGNMENT

Neither this contract, nor any claim arising under this contract, shall be transferred or assigned by the Contractor without prior written consent of the WSLCB.

ASSURANCES

The WSLCB and the Contractor agree that all activity pl.lrsuant to this contract will be in

accordance with all the applicable current federal, state and local laws, rules, and regl.llations.

ATTORNEYS’ FEES

In the event oflitigation or other action brought to enforce contract tenns, each party agrees to bear its own attorney fees’ and costs.

CHANGES

The WSLCB reserves the right to modify this Contract by ml.ltual agreement between the WSLCB and the Contractor, so long as such modification is substantially within the scope of the original Contract.

Alterations to any of thl’ tenns, conditions, or requirements of this Contract shall only be effective

upon written issuance of a mutually agreed Contract Amendment by the Contract Administrator.

COMMENCEMENT OF WORK

No work shall be performed by Contractor until this Contract is executed by the Contractor and the WSLCB and is received 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 purpose not directly connected with the

administration of this contract, except with prior written consent of the WSLCB, or as may be

required by law.

CONFLICT

To the extent possible, the terms of this Contract shan be read consistently.

CONFLICT OF INTEREST

Notwithstanding any determination by the Executive 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 Agent that there is a violation of the Ethics in Public

Service Act, Chapter 42.52 RCW; or any similar statute involving the Contractor in the

procurement of, or performance under this contract.

In the event this contract is tennin.ted as provided above, the WSLCB shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract

by the Contractor. The rights and remedies of the WSLCB provided for in this clause shall not be exclusive and are in addition to any otller rights and remedies provided by law. The existence of

facts upon which the Agent makes any determination under this clause shall be an issue and may be

reviewed as provided in the "Disputes" clause ofthis contract.

CONFORMITY

If any provision of this Contract violates any Federal or State of Washington statute or rule of law, it is considered modified to conform to that statute or rule of law.

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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 consequential costs of correcting, removing or replacing any or all of the defective materials or equipment 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 equal, 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 request a dispute hearing with Agent.

1. The request for a dispute hearing must:

. Be in writing;

. State the disputed issue(s);

. State the relative positions of the parties;

. State the Contractor’s name, address, and contract number; and

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. Be mailed to the Agent and the other party’s (respondent’s) Contract Administrator within three (3) working calendar days after the parties agree that they cannot resolve the dispute;

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

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

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

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

ENTIRE AGREEMENT

TIlls Contract document and all subsequently issued amendments comprise the entire agreement between the WSLCB and the Contractor. No other statements or representations, written or oral, shall be deemed a part of the Contract.

This Contract sets forth the entire agreement between the parties with respect to the subject matter hereof and except as provided in the section titled Contractor Commitments, Warranties and

Representations, understandings, agreements, representations, or warranties not contained in this Contract or a written amendment hereto shall not be binding on eitller party. Except as provided herein, no alteration of any of the terms, conditions, delivery, price, quality, or specifications of this Contract will be effective without the written consent of both parties.

ESTABLISHED BUSINESS

Prior to commencing perfonnance, or prior to that time if required by the WSLCB, law or regulation, Contractor must be an established business finn with all required licenses, fees, bonding, facilities, equipment and trained personnel necessary to meet all requirements and

perform the work as specified in the Solicitation. Contractor shall maintain compliance with these

requirements thronghout the entire tenn of this contract.

The WSLCB the right to require receipt of proof of compliance with said requirements within ten

(10) calendar days from the date of request, and to terminate this Contract as a material breach for

noncompliance with any requirement of this paragraph.

FORCE MAJEURE

The term "force majeme" means an occmrence that causes a delay that is beyond the control of the

party affected and could not have been avoided by exercising reasonable diligence. Force maj eure shall include acts of God, war, riots, strikes, fire, floods, epidemics, or other similar occurrences.

Exceptions: Except for payment of sums due, neither party shall be liable to the other or deemed in breach under this Contract if, and to the extent that, such party’s performance of this Conh’act is

prevented by reason of force majeme.

Notification: If either party is delayed by force majeme, said party shall provide written notification within forty-eight (48) homs. The notification shall provide evidence of the force

majeure to the satisfaction of the other party. Such delay shall cease as soon as practicable and written notification of same shall likewise be provided. So far as consistent with the Rights Reserved below, the time of completion shall be extended by Conh’act amendment for a period of time equal to the time that the results or effects of such delay prevented the delayed party from

perfonning in accorda"ce with this Contract.

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Rights Reserved: The WSLCB reserves the right to authorize an amendment 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 in Public 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 in contractual matters relating to the purchase of goods or services.

GOVERNING LAW

This contract shall be construed and interpreted in accordance with the laws of the State of

Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.

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 on WSLCB’s Order Documents, if used; and

4. All Contractor or manufacturer publications, written materials 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 in this 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.

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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.

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Contractor shall include all Subcontractors as insureds under all required insurance policies, or shall furnish separate Certificates of Insurauce aud endorsements for each Subcontractor.

Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of

Subcontractor(s) to comply with insurance requirements does not limit Contractor’s liability or

responsibility.

All insurance provided in compliauce with this Contract shall be primary as to auy other insurauce or self-insurance programs afforded to or maintained by the state.

Specific Requirements:

Employers Liability (Stop Gap): The Contractor will at all times comply with all applicable workers’ compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable and will maintain Employers Liability insurance with a limit of no less thau $1,000,000.00. The WSLCB will not be held responsible in any way for claims filed by the Contractor or their employees for services performed under the tenns of this Contract.

Commercial General Liability 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 injury and roperty damage arising out of services provided 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, representatives, assigus, or servauts.

The insurance shan also cover bodily injury, including disease, illness and death, and property damage arising out of the Contractor’s premises/operations, independent Contractors, products/completed operations, personal injury aud advertising injury, and contractual liability (including the tort liability of auother assumed in a business Contract), aud contain separation of insured’s (cross liability) conditions.

Contractor waives all rights against the WSLCB 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 Limits (other than products-completed $2,000,000 operations)

Products-Completed Operations Aggregate $2,000,000 Personal aud Advertising Injury Aggregate $1,000,000 Each Occurrence (applies to all of the above) $1,000,000 Fire Damage Limit (per occurrence) $ 50,000 Medical Expense Limit (auy one person) $ 5,000

Business Auto Policy (BAP): In the event that services delivered pursuant to this Contract involve the use of vehicles, or the trausportation of clients, automobile liability insurance shall be required. The coverage provided shall protect against claims for bodily injury, including illness, disease, and death; and property damage caused by au occurrence arising out of or in consequence of the

performance of this service by the Contractor, Subcontractor, or anyone employed 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 per occurrence. The business auto

liability shall include Hired and Non-Owned coverage.

Contractor waives all rights against the WSLCB 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 policies shall include, but not be limited to, the following provisions:

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Additional Insnred: The WSLCB shall be named as an additional insnred on all general 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 regulated by the Washington State Insurance Commissioner) a written notice shall be given to the Contract Administrator forty-five (45) calendar days 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.

Sumlus Lines: For insurers subject to chapter 48.15 RCW (Surplus Lines) a written notice shall be

given to the Contract Administrator twenty (20) calendar days 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-payment to Premium: If cancellation on any policy is due to non-payment of

premium, a written notice shall be given the Contract Administrator ten (10) calendar days 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 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 WA .

Excess Coverage: The limits of all insurance required to be provided by the Contractor shall be no less thml the minimum muounts 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 Adjustments: The WSLCB reserves the right to increase or decrease limits as appropriate.

LEGAL NOTICES

Any notice or demand or other communication required or permitted 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 numbers, e-mail addresses 1 provided in this Contract. For

purposes of complying with any provision in this Contract or applicable law that requires a "writing," such communication, 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 effectiv<) upon receipt or four (4) Business Days 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 pursnant to this Contract is served upon Contractor

or WSLCB, snch 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

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cooperate with the other party in any lawful effort by the o!her party to contest !he legal validity of such subpoena or other legal process conunenced by a third party.

LICENSING, ACCREDITATION AND REGISTRATION

The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and

registration requirements/standards, necessary for !he performance of this contract.

LIENS, CLAIMS AND ENCUMBRANCES

All materials, equipment, supplies and/or services shall be free of all liens, claims, or encumbrances of any kind, and if the WSLCB requests, a formal release of same shall be delivered.

LIMITATION OF AUTHORITY

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

LIMITATION OF LIABILITY

The parties agree that nei!her Contractor or !he WSLCB shall be liable to each o!her, regardless of the form of action, for consequential, incidental, indirect, or special damages except a claim related to bodily injury or death, or a claim or demand based on patent, copyright, or other intellectual

property right infringement, in which case liability shall be as set forth elsewhere in !his Contract. This section does not modify any sections regarding liquidated damages or any other conditions as are elsewhere agreed to herein between the parties. The damages specified in the sections titled

Termination for Default and Retention of Records are not consequential, incidental, indirect, or

special damages as that tenn is used in !his section.

Neither the Contractor nor the WSLCB shall be liable for damages arising from causes beyond the reasonable control and without the fault or negligence of the Contractor or the WSLCB. Such

causes may include, but are not restricted to, acts of God or of tlle public enemy, acts of a

governmental body o!her than the WSLCB acting in ei!her its sovereign or contractual capacity,

war, explosions, fires, floods, earthquakes, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the delays must be beyond the reasonable control and without fault or negligence of the Contractor, the WSLCB, or their

respective Subcontractors.

If delays are caused by a Subcontractor without its fault or negligence, Contractor shall not be

liable for damages for such delays, unless !he Services to be performed were obtainable on

comparable tern1S from other sources in sufficient time to pennit Contractor to meet its required performance schedule.

Neither patty shall be liable for personal iqjury to the other pmiy or damage to the other pmiy’s property except personal injury or damage to property proximately caused by such party’s respective fault or negligence.

LIQUIDATED DAMAGES

Any delay by’Contractor in meeting the Delivery Date, Installation Date, maintenmlce or repair date, or other applicable date set forth under this Contract will interfere with !he proper implementation ofWSLCB’s programs and will result in loss and damage to WSLCB.

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As it would be impracticable to fix the actual damage sustained in the event of any such failure(s) to perfonn, WSLCB and Contractor agree that in the event of any such failure(s) to perform, the amount of damage which will be sustained will be the amount set forth in the following snbsections and the parties agree that Contractor shall pay such amounts as liquidated damages and not as a

penalty.

Liquidated damages provided under the terms of this Contract are subject to the same limitations as

provided in the section titled Limitation of Liability.

If Contractor’s maintenance personnel fail to arrive at WSLCB’s site within [insert agreed upon time period] after notification by WSLCB that maintenance is required, Contractor shall pay to WSLCB as fixed and agreed liquidated damages, in lieu of all other damages due to such non-

responsiveness, for each hour between the agreed [insert agreed upon time period] response time and the actual response time an amount of LO~ dollars [($_O.J] per hour for each "late" hour or part thereof (prorated) beginning with the time of notification by WSLCB and ending with

the time that Contractor’s maintenance personnel arrive at the WSLCB Distribution Center.

MATERIALS AND WORKMANSHIP

The Contractor shall be required to furnish all materials, supplies, equipment and/or services

necessary to perform Contractual requirements. Materials, supplies and workmanship used in the construction of equipment for this Contract shall conform to all applicable federal, state, and local

codes, regulations and requirements for such equipment, specifications contained herein, and the normal uses for which intended. Materials, supplies and equipment shall be manufactW’ed in

accordance with the best commercial practices and standards for this type of materials, supplies, and equipment.

MATERIAL BREACH

A Contractor may be Terminated for Cause by the WSLCB, at the sole discretion of the Contract

Administrator, for failing to perfonn a contractual requirement or for a material breach of any tel1n or condition. Material breach of a term or condition of the Contract may include but is not limited

to:

I. Contractor failure to perform services or deliver materials, supplies, or equipment by the date

required or by an alternate date as mutually agreed in a written amendment to the Contract;

2. Contractor failure to carry out any warranty or fails to perform 01’ comply with any mandatory

provision of the contract;

3. Contractor becomes insolvent or in an unsound financial condition so as to endanger

performance hereunder;

4. Contractor becomes the subject of any proceeding under any law relating to bankrnptcy, insolvency or reorganization, or relief from creditors and/or debtors that endangers the

Contractor’s proper performance hereunder;

5. Appointment of any receiver, trustee, or similar official for Contractor or any of the Contractor’s property and such appointment endangers the Contractor’s proper performance hereunder;

6. A detennination that the Contractor is in violation of federal, state, or local laws or regulations and that such determination renders the Contractor unable to perform any aspect of the

Contract.

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NO ADDITIONAL CHARGES

Unless otherwise specified in the Solicitation no additional charges by the Contractor will be allowed including, but not limited to: handling charges such as pac1dng, wrapping, bags, containers, reels; or the processing fees associated with the use of credit cards. Notwithstanding the foregoing, in the event that market conditions, laws, regulations or other unforeseen factors

dictate, at the Contract Administrators sole discretion, additional charges may be allowed.

NONCOMPLIANCE WITH NONDISCRIMINATION LAWS

In the event of the Contractor’s non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in

part, and the Contractor may be declared ineligible for further contracts with the WSLCB. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein.

NONDISCRIMINATION

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

NON-EXCLUSIVE REMEDIES

The remedies provided for in this Contract shall not be exclusive but are in addition to all other remedies available under law.

OPPORTUNITY TO CURE

hl the event that Contractor fails to perfonu a contractual requirement or materially breaches any term or condition, the WSLCB may issue a written cure notice. The Contractor may have a period of time in which to cure. The WSLCB is not required to allow the Contractor to cure defects if the

opportunity for cure is not feasible as determined solely within the discretion of the WSLCB. Time allowed for cure shall not diminish or eliminate Contractor’s liability for liquidated or other

damages, or otherwise affects any other remedies available against Contractor under the Contract or by law.

If the breach remains after Contractor has been provided the opportunity to cure, the WSLCB may do anyone or more of the following:

1. Exercise any remedy provided by law;

2. Tenninate this Contract and any related Contracts or portions thereof;

3. Procure replacements and impose damages as set forth elsewhere in this Contract;

4. Impose actual or liquidated damages;

5. Suspend or bar Contractor f’om receiving future Solicitations or other opportunities;

6. Require Contractor to reimburse the state for any loss or additional expense incurred as a result of default or failure to satisfactorily perform the tenns of the Contract.

OSHA AND WISHA REQUIREMENTS

Contractor agrees to comply with conditions of the Federal Occupational Safety and Health Administration (OSHA) and, if manufactured or stored in the State of Washington, the Washington hldustrial Safety and Health Act (WISHA) and the standards and regulations issued there under, and certifies that all items furnished and purchased will conform to and comply with said laws, standards and regulations. Contractor further agrees to indenmify and hold hannless WSLCB from all damages

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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.

.

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PERSONAL LIABILITY

. It is agreed by and between the parties hereto that in no event shall any official, officer, employee or

agent of the WSLCB when executing their official duties in good faith, be in any way personally liable or responsible for any agreement herein contained whether expressed or implied, nor for any statement or representation made herein or in any connection with this agreement.

PRICE INCREASES

Contractor reqnests for adjustments in pricing will be considered at sole discretion of the WSLCB

only after expiration of the firm and fixed price period, and then on a pass through basis only that

does not produce a higher profit margin for Contractor than that established by the original contract

pricing.

Contractors may not make extensions contingent on price adjustments.

Price Increases will not be considered without supporting documentation snfficient to justify the

requested increase. Documentation must be based on published indices and/or the resnIt of increases

at the manufacturer’s level, incurred after contract commencement date. The grant of any price

adjustment will be at the sole discretion of the WSLCB and, if granted, shall not produce a higher

profit margin for the Contractor than that established by the original contract pricing. Any

adjustments in pricing shall be set forth in a written amendment to the contract. Price adjustments

granted by the WSLCB shall remain unchanged for at least 365 calendar days thereafter, and no

request for adjustments in price will be considered during that time period.

PRICE PROTECTION

Contractor warrants that prices of materials, supplies, services, and/or equipment set forth herein do

not exceed those charged by the Contractor to any other customer purchasing the same under similar

conditions and in like or similar quantities.

PRIVACY

Personal information including, but not limited to, "Protected Health Information," collected, used, 01’

acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification 01’ loss. Contractor shall ensure its directors, officers, employees, Subcontractors or

agents use personal infonnation solely for the purposes of accomplishing the services set forth herein.

Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise

make lmown to unauthorized persons personal infornlation withollt the express written consent of the

WSLCB or as otherwise required by law.

Any breach of this provision may result in tennination of the contract mld the demand for return of

all personal infonnation. The Contractor agrees to indemnify and hold harmless the WSLCB for any

damages related to the Contractor’s unauthorized use of personal information.

PROBLEM RESOLUTION AND DISPUTES

Problems arising out of the performance of this Contract shall be resolved in a timely manner at the

lowest possible level with authority to resolve such problem. If a problem persists and cannot be

resolved, it may be escalated within each organization.

In the event a bona fide dispute concerning a question of fact arises between the WSLCB and

Contractor and it call110t be resolved between the parties throngh the normal escalation processes, either party may initiate the dispute resolution procedure provided herein.

The initiating party shall reduce its description of the dispute to Wliting and deliver it to the

responding party. The responding pmty shall respond in writing within three (3) Bnsiness Days. The

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initiating party shall have three (3) Business Days to review the response. If after this review a resolution cannot be reached. both parties shall have three (3) Business Days to negotiate in good faith to resolve the dispute.

If the dispute cannot be resolved after three (3) Business Days, a Dispute Resolution Panel may be requested in writing by either party who shall also identify the first panel member. Within three (3) Business Days of receipt of the request, the other party will designate a panel member. Those two panel members will appoint a third individual to the Dispute Resolution Panel within the next three (3) Business Days.

The Dispute Resolution Panel will review the written descriptions of the dispute, gather additional information as needed, and render a decision on the dispute in the shortest practical time.

Each party shall bear the cost for its panel member and share equally the cost of the third panel member.

Both parties agree to be bound by the determination of the Dispute Resolution Panel.

Both parties agree to exercise good faith in dispute resolution and to settle disputes prior to using a Dispute Resolution Panel whenever possible.

The WSLCB and Contractor agree that, the existence of a dispute notwithstanding, they will continue without delay to carry out all tlleir respective responsibilities under this Contract that are not affected

by the dispute.

If the subject of the dispute is the amount due and payable by WSLCB for materials, supplies, services and/or equipment being provided by Contractor, Contractor shall continue providing materials, supplies, services and/or equipment pending resolution of the dispute provided the WSLCB pays Contractor the amount WSLCB, in good faith, believes is due and payable, and places in escrow the difference between such amount and the amount Contractor, in good faith, believes is due and payable.

PUBLICITY

The Contractor agrees to submit to the WSLCB all advertising and publicity matters relating to this contract wherein the WSLCB’S name is mentioned or language used li’om which the connection of the WSLCB’S name may, in the WSLCB’S judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of the WSLCB.

RECORDS MAINTENANCE

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

Contractor shall retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the contract, shall be subject at all reasonable times to inspection, review or audit by the WSLCB, personnel duly authorized by tlle WSLCB, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.

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

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REGISTRATION WITH DEPARTMENT OF REVENUE

The Contractor shall complete registration with the Washington State Department of Revenue and be

respousible for payment of all taxes due on payments made under this contract.

RETENTION OF RECORDS

The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and the provision of materials, supplies, services and/or equipment described herein, including, but not limited to, accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract.

.

Contractor shan retain such records for a period of six (6) years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be

subject at all reasonable times to inspection, review, or audit by the WSLCB, personnel duly authorized by the WSLCB, the Washington State Auditor’s Office, and federal and state officials so authorized by law, regulation or agreement.

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

RIGHT OF INSPECTION

The Contractor shall provide right of access to its facilities to the WSLCB, or any of its officers, or to

any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate perfonnance, compliance, and/or quality assnrance under this contract.

SEVERABILITY

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

SITE SECURITY

While on WSLCB premises, Contractor, its agents, employees, or Subcontractors shall confonn in all respects with physical, fire or other security policies or regulations.

STATEWIDE VENDOR PAYMENT REGISTRATION

Contractors are required to be registered in the Statewide Vendor Payment system, prior to

submitting a request for payment under this Contract.

The Washington State Office of Financial Management (OFM) maintains a central Contractor

registration file for Washington State agencies to process Contractor payments.

To obtain registration materials go to hHp,.;//wwyv.ofm.wa.gov/isd/vendgIil.&!ll! the form has two

parts; P31i 1 is tlle information required to meet the above registration condition. Part 2 allows the state to pay invoices electronically with direct deposit and is the state’s most efficient method of

payment. Contractor are encouraged to sign up for this form of payment.

SUBCONTRACTING

Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work

contemplated under this contract without obtaining prior written approval of the WSLCB. In no event shall the existence of the subcontract operate to release or reduce the liability of tlle Contractor to the Department for any breach in the performance of the Contractor’s duties. This

CONTRACT NO. K430 Page 23 of 30

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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 wrilten 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 conceming Contractor’s perfonnance under this Contract.

3. Immediately notify the Contract Administrator in writing of ny 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 bOWld 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 anthority of this Contract shall be bound by all of the terms, conditions, Prices and Price disconnts set forth herein, notwithstanding the expiration of the initial term of this ConlTact or any extension thereof. Further, the terms, conditions and warranties contained in this Contract iliat by their sense and context are intended to survive the completion of tile perfonnance, cancellation or tennination of this Contract shall so. survive. In addition, ilie tenns of ilie sections titled Overpayments to Contractor;

Ownership/Rights in Data; Contractor’s Commitments, Warranties and Representations; Confidentiality/Safegnarding Information; Incorporation of Docnments; Order of

Precedence; Pnblicity; Retention of Records; Problem Resolution and Disputes; and Limitation of Liability shall survive the tennination of this Contract.

TAXES, FEES AND LICENSES

Taxes:

Where required by statute or regnlation, the Contractor shall pay for and maintain in current stalus 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 fumish Conh.actor with an exemption certificate where

appropriate.

Collection of Retail Sales and Use Taxes:

In general, Conh.actors engaged in retail sales activities within the State of Washington are required to collect and remit sales tax to Deparhnent of Revenue (DOR). In general, out-of-state Contractors must collect and remit "use tax" to Department of Revenue if the activity call1ed on by the seller in the State of Washington is significantly associated with Contractor’s ability to

CONTRACT NO. K430 Page 24 of 30

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establish or maintain a market for its products in Washington State. Examples of such activity include where the Contractor either directly or by an agent or other representative:

I. Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business;

2. Maintains an in-state inventory or stock of goods for sale;

3. Regularly solicits orders from Purchasers located within the State of Washington via sales

representatives entering the State of Washington;

4. Sends other staff into the State of Washington (e.g. product safety engineers, etc.) to interact with Pnrchasers in an attempt to establish or maintain market(s); or

5. Other factors identified in WAC 458-20.

Department of Revenue Registration for Out-of-State Contractors:

Out-of-state Contractors meeting any of the above criteria must register and establish an account with the Department of Revenue. Refer to WAC 458-20-193, and call the Department of Revenue 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 paying this tax, if applicable, directly to the Department of Revenue.

Fees/Licenses:

After award of Contract, and prior to commencing perfonnance under the Contract, the Contractor shall pay for and maintain in a cnnent 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 enactroent 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, paying all customs, duties, brokerage, and/or import fees, to ensure that materials, supplies, and/or equipment purchased under the Contract are expedited through customs. Failnre to do so may subject Contractor to liquidated damages as identified herein and/or to other remedies available by law or Contract. The WSLCB will not incur additional costs related to Contractor’s payment of such fees.

Taxes on Invoice:

Contractor shall calculate and enter the appropriate Washington State and local sales tax on all invoices. Tax is to be computed on new items after deduction of any trade-in in accordance with WAC 458-20-247.

TERMINATION BY MUTUAL AGREEMENT

The WSLCB and the Contractor may tenninate this Contract in whole or in part, at any time, by mutual agreement.

TERMINATION FOR CAUSE

In the event the WSLCB determines the Contractor has failed to comply witll any and/or all of the conditions of this contract in a timely maImer, the WSLCB has the right to suspend or terminate this contract. Before suspending or tenninating the contract, the WSLCB may notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within

thirty’ (30) Calendar Days, the contract may be terminated or suspended.

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In the event of termination or suspension, the Contractor shall be liable for damages as authorized

by law including, but not limited to, any cost difference between the original contract and the

replacement or cover contract and all administrative costs directly related to the replacement contract, e.g., cost of the competitive bidding, mailing, advertising and staff time.

The WSLCB reserves the right to suspend all or part of the contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the

alleged compliance breach and pending corrective action by the Contractor or a decision by the 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

perform was ontside of his or her control, fault or negligenoe.

111e 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 terminate 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 acquisitions and procurement and

performance of contracts. In the event this Contract is so tenninated, 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 (10) calendar days written

notice, beginning on the second day after tlle mailing, terminate this contract, in whole or in part. If this contract is so teoninated, the WSLCB shall be liable only for payment required under the teons 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 worle 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 equipment 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 peonit the WSLCB to terminate this Contract in order to acquire similar materials, supplies, services and/or equipment from a third party.

TERMINATION FOR WITHDRAWAL OF AUTHORITY

In the event that the WSLCB’s authority to perform any of its duties is withdrawn, reduced, or limited in any way after the connnencement of this Contract and prior to normal completion, the WSLCB lllay terminate this Contract, in whole or in part, by seven (7) calendar day’s written notice to Contractor.

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TERMINATION PROCEDURES

Upon tennination of this contract, the WSLCB, in addition to any other rights provided in this contract, may require the Contractor to deliver to the WSLCB any property specifically produced or acquired for the perfonnance of such part of this contract as has been tenninated. The

provisions of the "Treahnent of Assets" clause shall apply in such property transfer.

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

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

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

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

2. Place no further orders or subcontracts for goods, materials, services, or facilities except as

may be necessary for completion of such portion of the work lmder the contract that is not tenninated;

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

4. Settle all outstanding liabilities and all claims arising out of such termination of orders and

subcontracts, witll tlle approval or ratification of the Agent to the extent Agent may require, which approval or ratification shall be final for all the purposes of this clause;

5. Transfer title to the WSLCB and deliver in the manner, at the times, and to the extent directed

by the Agent any property which, if the contract had been completed, would have been

required to be furnished to the WSLCB;

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

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

TITLE TO PRODUCT

Upon Acceptance, Contractor shall convey to the WSLCB good title to tlle Product fi’ee and clear of all liens, pledges, mortgages, encumbrances, or other security interests.

TREATMENT OF ASSETS

A. TitIe to all property furnished by the WSLCB shall remain in tIle WSLCB. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as

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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 performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by the 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 tile 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, destroyed 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 employees, agents or Subcontractors.

WAIVER

Failure or delay of the WSLCB to insist upon the strict performance of any tenn 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 payment for materials, supplies, services and/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 constrned, expressly or by implication, as a waiver by the WSLCB of any existing or fhture right and/or remedy available by law.

WARRANTIES,

Contractor warrants 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 normal completion, the WSLCB may terminate the conlmct 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

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CONTRACT NO. K430

Exhibit B

WSLCB’S Request for Proposals No. K430

Page 29 of 30

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Exhibit C

Contractor’s Proposal

CONTRACT NO. K430 Page 30 of 30

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00005706

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SUBCONTRACTOR INFORMATION

Subcontractor

Name:

Services:

Address:

Telephone Emai1:

FedID:

UBI:

Work to be Performed:

OMWBE certified: Yes

Subcontractor

Name:

Services:

Address:

Telephone Emai1:

FedID:

UBI:

Work to be Performed:

OMWBE certified: Yes

Subcontractor

Name:

Services:

Address:

Telephone Emai1:

FedID:

UBI:

Work to be Performed:

OMWBE certified: Yes

Bhang Chocolates

Scott Van Rixel

Edibles - Infusion Kitchen

6815 Biscayne Blvd. Miami, FL 331;38 575-613-21909

[email protected] To be provided

Product Regulation Product Usage & Consmnption Validation

Product Quality Standards & Testing Product and Industry Knowledge x No

KeefCola

Eric Knotson

Elixirs I Drinks and Cannabis Kitchen

303-386-3784

[email protected] To be provided

Product Regulation Product Usage & Consumption Validation

Product Quality Standards & Testing Product and Industry Knowledge x No

Bal{er Candies

Chris Galgoczy Edibles - Cannabis kitchen

16131 Holmes Ave Cleveland, OH 44110

313-268-1358

[email protected] To be provided

Product Regulation Product Usage & Consumption Validation

Product Quality Standards & Testing Product and Industry Knowledge

x No

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SUBCONTRACTOR INFORMATION

Subcontractor

Name:

Services:

Address:

Telephone Email:

Fed ID:

UBI:

Work to be Performed:

OMWBE certified: Yes

Subcontractor

Name:

Services:

Address:

Telephone Email:

FedID:

UBI:

Work to be Performed:

OMWBE celtified:

Subcontractor

Name:

Services:

Address:

Telephone Email:

FedIO:

UBI:

Work to be Performed:

OMWBE certified: _Yes

MJFreeWay Julie Hood

Iuformation Technology - POS data management Software

720-398-6456

[email protected] To be provided

Product Regulation Product Usage & Consumption Validation Product Quality Standards & Testing Product and Iudustry Knowledge

_x_No

Mayes Telles Law Firm

David Telles

Legal 909 West McDowell Road Phoenix, AZ 85007

602-714-7900

[email protected] To be provided

Product and Industry Knowledge - legal Yes _x_No

DAIIM Commercial Real Estate

Jay Krew

Commercial Real Estate

1702 E Highland Ave Phoenix, AZ 85016 602-575-2315

[email protected] To be provided

Product and Industry Knowledge- Real Estate

_x_No

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SUBCONTRACTOR INFORMATION

Subcoutractor

Natne:

Services:

Address:

Telephoue Email:

FedID:

UBI:

Work to be Performed:

OMWBE certified: Yes

Subcoutractor

Name:

Services:

Address:

Telephone Email:

Fed ID:

UBI:

Work to be Performed:

OMWBE certified: x Yes

Subcoutractor

Natne:

Services:

Address:

Telephone Email:

Fed ID:

UBI:

Work to be Performed:

OMWBE certified: _Yes

Irou Laboratories

Howard Lutz

Full Service Cannabis Testing MICHIGAN

248-613-3085

[email protected] To be provided

ProduCt Regulation Product Usage & Consumption Validation

Product Quality Standards & Testing Product and Industry Knowledge x No

Aarou Barney Aaron Barney

Community Relations - Washington State

206-856-8781

[email protected] To be provided

.

Product Regulation Product Usage & Consumption Validation

Product Quality Standards & Testing Product and Industry Knowledge

_No

DeCio Pasta

Scott Morrson

Commercial Kitchen

2235 W. First St. Tempe, AZ 85281 480-456-1080

[email protected] To be provided

Product Regulation Product Usage & Consumption Validation

Product Quality Standards & Testing Product and Industry Knowledge x No

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Subcontractor

Name:

Services:

Address:

Telephone Emai1:

FedID:

UBI:

Work to be Performed:

OMWBE certified: Yes

Subcontractor

Name:

Services:

Address:

Telephone Emai1:

FedID:

UBI:

Work to be Performed:

OMWBE certified: Yes

SUBCONTRACTOR INFORMATION

NutraMetrix

Suzette Smith

Custom Health Solutions - Nutrients

Arizona

480-239-8561

[email protected] To be provided

Product and Industry Knowledge _x_No

Erupt Nutrients

Stu Green

Nutrients- cultivation

Po Box 31964 Tucson, AZ

520-401-0272

[email protected] To be provided

Product and Industry Knowledge No

Subcontractor

Name:

Services:

Address:

Telephone Emai1:

Fed ID:

UBI:

Work to be PerfOlmed:

OMWBE certified: ~Yes _x_No

Subcontractor

Nmne:

Services:

Address:

Telephone Emai1:

Fed ID:

UBI:

Work to be Perfonned:

OMWBE certified: Yes

Happy Harvester Hydroponics Mike Klingler

Hydroponics Store

MICHIGAN AND ARIZONA

480-857-8878

[email protected] To be provided

Product and Industry Knowledge

WeedMaps Scott Hoerling Internet and web management - advertisement

California

948-870-1460

[email protected] To be provided

Product and Industry Knowledge- Advertisement x No

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Washington State

liquor Control Board

February 25, 2013

Subject: Rejectiou of Response to Washington State Liquor Control Board (WSLCB) Request for Proposals (RFP) K430, Initiative 502 Consulting Services

Dear Mr. Harold Wipf,

This letter is to inform you that your firm’s 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 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. Cannalogix 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. Cannalogix submitted an incomplete and vague response and is thus deemed non-responsive and rejected f’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 [email protected].

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

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Washington State

liquor Control Board

Febmary 25, 2013

Subject: Rejection of Response to Washington State Liquor Control Board (WSLCB) Request for Proposals (RFP) K430, Initiative 502 Consulting Services

Dear Mr. Harold Wipf,

This letter is to infol111 you that your finn’s 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 rqjected. Failure to complete and submit the required items listed in this section may disqualifY the Proposer/rom jurtherpar1icipalion in this RFP..,

"

It is the sole responsibility of the Proposer to understand the RFP requirements and ensure their Proposal is complete, Cmmalogix failed to complete and submit the following required items in response to RFP K43o.: Proposer’s Authorized OtI’er, Proposer Info11llation, Subcontractor Information, Letter of

Submittal, Non-Cost Proposal and Cost Proposal. Call1lalogix submitted an incomplete and vague response and is thus deemed non-responsive and rejected from fwther participation in this RFP.

Thmlk you for your interest in doing business with the Washington State Liquor Control Board. This measure is being taken to assist you in prepating future responses. If you have any questions, please feel

free to contact me by phone at (360) 664-4526 or email [email protected],gov.

Sincerely,

~cc: K430 Contract file

3000 Pacific Ave. SE, PO Box 430.90, mympia WA 98504-30.90., (360) 664-1600, www.liq,wa.gov

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Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:46 AM

[email protected]’ WSLCB RFP K430 - Rejection Notification

1<430_Cannalogix_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

[email protected]

1

00005713

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Washington State

liquor Control Board

February 25, 2013

Subject: Rejection of Respouse to Washington State Liquor Control Board (WSLCB) Request for Proposals (RFP) K430, Initiative’S02 Consulting Services

Dear Mr. Harold Wipf,

This letter is to infonn you that your firm’s response to Request for Proposals (RFP) 1<430 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 ond may be rejected. Failure to complete and submit the required items listed in this section may disqualify the Proposer.from fllrther particpation in this RFP..."

It is the sole responsibility of the Proposer to understand the RFP requirements and ensure their Proposal is complete. Cannalogix failed to complete and submit the following required items in response to RFP 1<430: Proposer’s Anthorized Ofter, Proposer Infoffil tion, Subcontractor Information, Leiter of

Submittal, Non-Cost Proposal and Cost Proposal. Cannalogix submitted an incomplete and vague response and is tbus deemed non-responsive and rejected from further patticipatioll in this RFP.

Thank yon for your interest in doing business with the Washington State Liquor Control Board. This measure is being taken to assist you in prepaling future responses. If you have any questions, please feel l:ee to contact me by phone at (360) 664-4526 or emaH [email protected].

Sincerely,

~ _"’ Coom",’m

cc: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090,. Olympia WA 98504-3090’, (360) 664,1600, www.liq.wa.gov

00005714

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CA..NNAL~GIX.ORG CANNiABIS .CON$UL TATI<:)N&. R~SE!Aif:CH. GROUP

INNOVATION

RESPONSI BI LlTY

ECO-SUSTAINABILlTY

CANNALOGIX.ORGRESEARCH & DEVELOPMENT OFFICE

To: State of Washington Liquor Control Board Reference: K430

Greetings Ladies and Gentlemen,

I would like to take a moment and introduce to yOu Cannalogix.ORG. We are a not for profit group of individuals that consist of a variety of knowledgable backgrounds and professions related to and not related to cannabis. As many members of our group are either Board Members or Coordinators with-in existing Medical Cannabis Non-Profits and have active and daily supervision of cannabis related activities and care.

Our Board of Directors and Board Advisors have extensive knowledge of the Cannabis Industry in many ways, a few of the members on the Advisory Committees have spent years in the "Black Market" before converting to Medical Marijuana Growers, Caregivers and Patient Advocates and have assisted many patients in obtaining medicine at costs equal to a fraction of what the patient was paying on the Black Market and continue to use their expertise for the better good of the patients and the programs they serve.

Our Agricultural and Horticultural Teams know the proven methods used and implemented in the careful and sanitary production, testing and distribution of cannabis to various patients suffering from a myriade of diseases and ailments and pur mission is to always strive for the highest quality cannabis to improve the patients quality of life and end of life pain management. We exclusively provide our patients various strains matched to symptoms, pains and ailments with varied potency levels from 5% to the upwards of 30% and have the system perfected with a labeling system that includes everything from the All Natural Certification based on lab results with coinciding means of obtaining the lab results with the lot code and an explanation of the results for those that don’t know what they are looking at when it comes to lab results.

Our Laboratory Analysis Teams take the whole testing process to the next level, superceeding the testing standards marketed to growers by companies such as Cannatest and their affiliates that look solely forthe various Cannabanoids and THC/THCa properties. We wanted to know everything that was in the plant from nutrients to insecticides to determine if the medicine was acceptable for our patients and the necessity forced us to take it a step further. With the absence of access to quality scientific standards we have been forced to create and develop our own set of standards to quantify the standards for our future tests from. By growing the test batch with the harmful chemicals we are trying to avoid seperate from the batch to be distributed that was grown with all natural means and testing each plant individually we have been able to identify the harmful elements that may pose a risk to our patients and been able to determine the level of risk and determine the most appropriate means and order of destruction of inadequate medicine before it is ever harvested and or capable of infecting the rest of the crop.

Our Research and Development Teams have been working for almost a decade with the extraction and concentration process to provide our patients with the highest quality edibles, oil extractions used for everything from cooking to topical treatments and even lotions that have proven effective relief for the nerve pains associated with Multiple Sclerosis and oils that even prove to be effective treatments for skin cancer. We are in the process of hiring a chemist and a compound pharmacist to assist us in obtaining FDA approval for our medicines and treatments but due to their current guidelines they require 100% removal of the Delta-9 THe portion of the formulas just to consider it and unfortunately we have a ways to go to meet those standards.

Our Legal Committee has been known to align with many attorneys from various states to assist us in the understanding and implementation of Medical Marijuana Programs and Program Ammendments and have worked hard to keep the patients as the primary objective and have intentionally kept our group distant from the organizations that have advocated for the full on legalization and or intentional program deviation. Until now we have never been able to offer our expertise or services to anyone outside of the programs in which we have a direct interest in since we are not in the business of promoting illegal activities.

00005715

Page 315: R - Non-Responsive Part 1.pdf

C&NNALOGIX.ORG CANNABIS CoNSULTATION &. RI!!!SeARCH...GROUP

INNOVATION

RESPONSI BI LlTY

ECO-SUSTAINABILlTY

CANNALOGIX.ORGRESEARCH & DEVELOPMENT OFFICE

Through the years we have had the pleasure of providing many patients with a sustainable supply of the medicines and the care they have needed. On that, we have been tasked with developing a fully scalable formula to making accurate predictions of need based on the patients associated with our various programs at the time we plant our crops and usually have enough medicine on hand to meet demand with helping other patients with excess when we have to purge our excess to stay with-in guidelines at the time of the next harvest.

In the State of Washington’s case, we would analize the data provided by the county by county voter results that voted in favor of 1-502 and compare that to the known voter turnout and determine the factors that we would use in the speculative forecasts and insert a large enough buffer that would cover us in the case of a shortage or even a failure to deliver produce by one of the suppliers in the event of a critical crop failure which can happen even days before the harvest. With our expertise we ha\(e the ability to implement secure storage standards that will preserve and maintain the product shelf life just for these events.

Through the years we have all individually and as a group custom tailored various types of businesses and non-profits that focus on Medical Cannabis and the communities and businesses that support the cause and continued treatment of the patients in which we all serve. The group as a whole is a brain-trust or think- tank of sorts consisting of like minded individuals that collaborate on the most economical, safest and most effective ways to produce, process and legally distribute the herbal medicines that mother nature has given us.

With our credentials and experience summarized in a two page document, in short we feel as though we have a great deal of expertise and a plethora of proven solutions to offer to the State of Washington and we don’t need to secure a m lti-year contract or a major retainer to provide our services. Below you will find our pricing proposition and we will stand to that at any time the State of Washington calls on our services.

Pricing -

Analyst Consultant -

Legal Consultant -

Growing Consultant -

Research Assistant -

Administrative Assistant -

$125.00/hr’

$150.00/hr’ $125.00/hr’

$80.00/hr*

$60.00/hr*

Our members are located allover the Pacific Northwest and most everyone runs a business so we must not cost our companies money or economic loss so the above prices are firm and will be billed for every hour associated with the Consultation including a portion up to 5 hours for all of the travel time associated with the various locations of the contract administration.

.

We will provide detailed logs of every minute used and will bill in \4 hour increments after the 4th minute of any quarter hour overage billed after the first hour is billed on each day we administer the contract scope.

Cannalogix.ORG will sign any contract the State specifies and Carry any Insurance Policy currently offered and obtainable by any carrier licensed under the current insurance standards and practice to meet the States requirements.

Cannalogix.ORG thanks you for the opportunity to bid on this Proposal.

Sincerely, Isl Harold Wipf EVP, Board Director

00005716

Page 316: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Posted At:

Conversation:

[email protected] Friday, Februa ry 15, 2013 1:59 PM

1-502

Subject: 1-502

Please See Attached...

Regards,

H.Wipf, EVP Board Director

Cannalogix.org

1

00005717

Page 317: R - Non-Responsive Part 1.pdf

RESEARCH & DEVELOPMENT OFFICE

INNOVATION

RESPONSIBILITY

ECO-SUSTAINABILlTY

CANNALOGIX.ORG

C~NN.A.LOGIX.ORG ..__C,6.N....,BI~:c_~....:.>~LTATION& RII!SeARcH.GROUP

To: State of Washington Liquor Control Board Reference: K430

Greetings Ladies and Gentlemen,

I would like to take a moment and introduce to you Cannalogix.ORG. We are a not for profit group of individuals that consist of a variety of knowledgable backgrounds and professions related to and not related to cannabis. As many members of our group are either Board Members or Coordinators with-in existing Medical Cannabis Non-Profits and have active and daily supervision of cannabis related activities and care.

Our Board of Directors and Board Advisors have extensive knowledge of the Cannabis Industry in many ways, a few of the members on the Advisory Committees have spent years in the "Black Market" before converting to Medical Marijuana Growers, Caregivers and Patient Advocates and have assisted many patients in obtaining medicine at costs equal to a fraction of what the patient was paying on the Black Market and continue to use their expertise for the better good of the patients and the programs they serve.

Our Agricultural and Horticultural Teams know the proven methods used and implemented in the careful and sanitary production, testing and distribution of cannabis to various patients suffering from a myriade of diseases and ailments and pur mission is to always strive for the highest quality cannabis to improve the patients quality of life and end of life pain management. We exclusively provide our patients various strains matched to symptoms, pains and ailments with varied potency levels from 5% to the upwards of 30% and have the system perfected with a labeling system that includes everything from the All Natural Certification based on lab results with coinciding means of obtaining the lab results with the lot code and an explanation of the results for those that don’t know what they are looking at when it comes to lab results.

Our Laboratory Analysis Teams take the whole testing process to the next level, superceeding the testing standards marketed to growers by companies such as Cannatest and their affiliates that look solely for the various Cannabanoids and THC/THCa properties. We wanted to know everything that was in the plant from nutrients to insecticides to determine if the medicine was acceptable for our patients and the necessity forced us to take it a step further. With the absence of access to quality scientific standards we have been forced to create and develop our own set of standards to quantify the standards for our future tests from. By growing the test batch with the harmful chemicals we are trying to avoid seperate from the batch to be distributed that was grown with all natural means and testing each plant individually we have been able to identify the harmful elements that may pose a risk to our patients and been able to determine the level of risk and determine the most appropriate means and order of destruction of inadequate medicine before it is ever harvested and or capable of infecting the rest of the crop.

Our Research and Development Teams have been working for almost a decade with the extraction and concentration process to provide our patients with the highest quality edibles, oil extractions used for everything from cooking to topical treatments and even lotions that have proven effective relief for the nerve pains associated with Multiple Sclerosis and oils that even prove to be effective treatments for skin cancer. We are in the process of hiring a chemist and a compound pharmacist to assist us in obtaining FDA approval for our medicines and treatments but due to their current guidelines they require 100% removal of the Delta-9 THC portion of the formulas just to consider it and unfortunately we have a ways to go to meet those standards.

Our Legal Committee has been known to align with many attorneys from various .states to assist us in the understanding and implementation of Medical Marijuana Programs and Program Ammendments and have worked hard to keep the patients as the primary objective and have intentionally kept our group distant from the organizations that have advocated for the full on legalization and or intentional program deviation. Until now we have never been able to offer our expertise or services to anyone outside of the programs in which we have a direct interest in since we are not in the business of promoting illegal activities.

00005718

Page 318: R - Non-Responsive Part 1.pdf

CA.!\[email protected] CANNABISCONSULTATION..&.RI!SE!ARCH GRQUP

INNOVATION

RESPONSIBILITY

ECO-SUSTAINABILlTY

CANNALOGIX.ORGRESEARCH & DEVELOPMENT OFFICE

Through the years we have had the pleasure of providing many patients with a sustainable supply of the medicines and the care they have needed. On that, we have been tasked with developing a fully scalable formula to making accurate predictions of need based on the patients associated with our various programs at the time we plant our crops and usually have enough medicine on hand to meet demand with helping other patients with excess when we have to purge our excess to stay with-in guidelines at the time of the next harvest.

In the State of Washington’s case, we would analize the data provided by the county by county voter results that voted in favor of 1-502 and compare that to the known voter turnout and determine the factors that we would use in the speculative forecasts and insert a large enough buffer that would cover us in the case of a shortage or even a failure to deliver produce by one of the suppliers in the event of a critical crop failure which can happen even days before the harvest. With our expertise we have the ability to implement secure storage standards that will preserve and maintain the product shelf life just for these events.

Through the years we have all individually and as a group’custom tailored various types of businesses and non-profits that focus on Medical Cannabis and the communities and businesses that support the cause and continued treatment of the patients in which we all serve. The group as a whole is a brain-trust or think- tank of sorts consisting of like minded individuals that collaborate on the most economical, safest and most effective ways to produce, process and legally distribute the herbal medicines that mother nature has given us.

With our credentials and experience summarized in a two page document, in short we feel as though we have a great deal of expertise and a plethora of proven solutions to offer to the State of Washington and we don’t need to secure a multi-year contract or a major retainer to provide our services. Below you will find our pricing proposition and we will stand to that at any time the State of Washington calls on our services.

Pricing -

Analyst Consultant -

Legal Consultant -

Growing Consultant - Research Assistant -

Administrative Assistant -

$125.00/hr’ $150.00/hr’ $125.00/hr’

$80.00/hr’

$60.00/hr’

Our members are located all over the Pacific Northwest and most everyone runs a business so we must not cost our companies money or economic loss so the above prices are firm and will be billed for every hour associated with the Consultation including a portion up to 5 hours for all of the travel time associated with the various locations of the contract administration.

We will provide detailed logs of every minute used and will bill in V. hour increments after the 4th minute of any quarter hour overage billed after the first hour is billed on each day we administer the contract scope.

Cannalogix.ORG will sign any contract the State specifies and Carry any Insurance Policy currently offered and obtainable by any carrier licensed under the current insurance standards and practice to meet the States requirements.

Cannalogix.ORG thanks you for the opportunity to bid on this Proposal.

Sincerely, Isl Harold Wipf EVP, Board Director

00005719

Page 319: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Sent:

To:

Subject:

Farley, John S

Sunday, March 03, 2013 9:08 AM

Cunningham, Katie M

FW:

Katie

Please save this email in the K430 file.

John Farley Contracts and Support Services 360.664.4526

[email protected]

From: Carl Alvin Erickson [mailto:[email protected] Sent: Monday, February 25, 2013 9:00 PM To: Farley, John S

Subject:

WSLCB RFP K430 - Rejection Notification 1 Show Details

From

. K430

To

. [email protected]

. I Attaclunent

. 317.8KB

. Scanning 0 attaclunents...

.

. Save to Computer

. .pdf

K430 _Carl Alvin Erickson_Rejection Letter.pdf

Good Morning,(((((((((Well let me say it is only so so in a much as had expected that you had some power to fully exploit all oppertunities in as much as you infer that you are seeking advise. It would almost appear that you already know & mostly want someone else to clairn credit. Asking how to dispose even seemed strange as it seems legally preordained with very little option if any due. to existing laws. I figured it was illegal for me to enter the site with all vendor questions that I am not yet it implys all citizens can apply. later carl 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

1

00005720

Page 320: R - Non-Responsive Part 1.pdf

Procurement Coordinator

[email protected]

2

00005721

Page 321: R - Non-Responsive Part 1.pdf

Washington State

liquor Control Board

February 25, 2013

Subject: Rejectiou of Response to Washington State Liquor Control Board (WSLCB) Request for Proposals (RFP) K430, Initiatve 502 Cousulting Services

Deal’ ML" Carl Alvin Erickson,

This letter is to infOlID you that yom 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 ems listed in this section may disqualijthe Proposer from .fiwthel’participation in this RFP...

"

It is the sole responsibility of the Proposer to understand the RFP requirements and ensure their Proposal is complete. Vendor failed to complete and submit the following required items in response to RFP K430: Proposer’s ALlthorizcd Offcr, Proposer Information, Subcontractor Information, Letter of Submittal, Non-Cost Proposal and Cost Proposal. Vendor submitted an incomplete and vague respouse and is thus deemed non-responsive and rejected from further participation in tl s RFP.

Thank you for your interest in doing business with tile Washington State Liquor Contro18oal’d. 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 js @liq.wa.gov.

Sincerely,

~ Procurement Coordinator

ec: K430 Contract filc

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

00005722

Page 322: R - Non-Responsive Part 1.pdf

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. Carl Alvin Erickson,

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. Vendor 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. Vendor 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 [email protected].

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

00005723

Page 323: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, Febru ry 25, 2013 11:47 AM

[email protected]’ WSLCB RFP K430 - Rejection Notification

K430_Carl Alvin Erickson_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

[email protected]

1

00005724

Page 324: R - Non-Responsive Part 1.pdf

Washington State

Liquor Control Board

Febntary 25, 2013

Subject: .Rejection of Re~ponse to Washington State Liquor Control Board (WSLC) Request for Proposals (RFP) K430, Initiative 502 Consulting Services

Dear Mr. Carl Alvin Erickson,

111s letter is to inform yOlt that yOllrresponse to Request for Proposals (RFP) K430 has been rejected because it failed to conform to RFP requirements.

Section 3.2, Preparation ofFroposals, states in pilrt:

"".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 disquali/the Proposer from ./imherparticipation in this RFP"."

It is the sole responsibility of the Proposer to understand the RFP requirements Bnd ensure their Proposal is complete. Vendor 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. Vendor submitted an incomplete and vague response and is thus deemed non-responsive and rejected from further participation in tills RFP.

Thank you f’O!’ 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@\iq.wa.gov.

~~ Procurement Coordinator

cc: K430 Contract me

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

00005725

Page 325: R - Non-Responsive Part 1.pdf

Stocker, Marlie

From:

Posted At:

Conversation:

Carl Alvin Erickson <[email protected]> Friday, February 15, 2013 1:57 PM To Procurement Cordinator WSLCB

Subject: To Procurement Cordinator WSLCB

Sorry it jumbled up. It was fine as 1 sent yet 1 noticed when the page auto saved to draft it often did that however it has been nearly 2 decades since 1 have used word to secure the writeing & need to relearn if it even works the same presently. Lost my spell checkfeature long ago, verydisapointing; how to get it back; 1 suspose pay. cameraconsultants@;Vahoo.comLater Carl

1

00005726

Page 326: R - Non-Responsive Part 1.pdf

Stocker, Marlie

From:

Posted At:

Conversation:

Carl Alvin Erickson <[email protected]> Friday, February 15, 2013 1:34 PM To Procurment Coordinator WSLCB RFP

Subject: To Procurment Coordinator WSLCB RFP

((Offer)) This is a proposal by a private WA state citizen to the WSLCB procurment coordinator for employment as a marijuana consultant, non user for 1/3 of a centnry. ------------------------------------((Tasks)) It seems that you are just about fully decieded that it would be most wise to employ more than (1 person passing along 2nd & 3rd hand data).-----------------------------------------------------------((Labor)) Of course we the govt. included all have a cash shortfall relative to a decade ago whenuseing my 5th passport I would have been embarrased to ask anything if blessed to help lessen 1 of the most inequitable situations on the planet harming me in many ways the least of which is my current low economic state, yet I can still afford to offer my labor

free.--------------------------------------------((Interstate/International)) Partially for cash flow I haven’t even renewed for 6th passport waiting for biometric or hollographic 3-D ((I gness they areholding out for implant chips like in the animals)) since I haven’t hada need to travel out sidethe country since oct./nov. 2007. The TSA persone1 system needs to be replaced by Israel type methods with state of the art computer scaning & passports at least as difficult to replicate or alter as our latest series FEDERAL RESERVE NOTES. Obviously we are not really trying to interdict> 10% or block illegal workers, even permenant illegals giveing passport like driveing licences. While I couldn’t use my marijuana authorization becauseI only held a real passport like as if a drivers licence proves what state you currently live in. (compleatly stupid). Non authorization states can come up here become residents by join few clubs et-cetra lease apt. lodge with family or invest in house & visit back to non anthorized state 11 months of the year for better weather & just not drive there. Legally they would no more have a right to buy authorized marijuana here useing W A licence than the Mexican illegals because they would really be non authorized state resident. If you say their real trust is their signature verifing heir residency in WA then why can’t a signatnreof a W A resident of 60+ years be trusted accompanyed by a valid passport since the only real significance of the ID is to establish idenity. are we so desperate for tourist cash flow that we trust according to ability to pass tlle driveing testor willingness to buy vagrant card. Or is it that the 666 chip is in progress to be implanted by the cops, not the national goverment. I mention this particulary in relation to item 4 knowing tllat we are sort of in compitition with Colorado for best administration & don’t want to look foolish from the federal viewpoint. So we need to listen carefully to their concerns as they will be cloaked. We are signatory to 2 international treaties relateing to this & carry out opperations in various countries with disenting opinions; example the 2 drones sold to the police dept were no doubt an attempt to appease afganistan citizens. apparently the local military bases feel the same way about our police force as we do & don’t want to interface.----------------------------------------------------------------------------------------------------------------------------------------

-------------------------(Goal) My proposal is to focus long range at the same time for full national legalization by 2019 for 1 variety that could bypass both international treaties by qualifing as a super-food known by its clear lligh si~latnre. -----------------------------------------------------------------___________________________________________________

-------------------------------------------------------------------------------------------------------------( ( Situation)) A lid of secrecy sort of surounds the Thia tree for various reasons in this country particulary. Hiden adjendas seem to be why our national security directs research spin releases to keep black opts funding at current levels. So crediable research is most likely to be allowed in other nations. Base line marijuana is being used to improve our national defense, in detriment to our constitution, our health & many other areas of our life, even so much that our govt. is concerned, yet like the chem trail cloud testing in washington/oregon it could be employed nationally or even world wide if the planet heats up too much while we evaluate for side effect reactions to know the best . substances et-cetra. Likewise washington/oregon are low population risks to test non( discrimitory)selective legalization. So the govt. wants to find the best balance to best protect tlle United States. *** ----___________________

1

00005727

Page 327: R - Non-Responsive Part 1.pdf

00005728

Page 328: R - Non-Responsive Part 1.pdf

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 Ms. Lisa Li,

This letter is to inform you that Charter Licensing Group’s response to Request for Proposals (RFP) K4.30 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. Charter Licensing Group failed to complete and submit the following required items in response to RFP K430: Proposer’s Authorized Offer, Proposer Information, and Subcontractor Information. Charter Licensing Group 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 d9ing 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 [email protected].

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

00005729

Page 329: R - Non-Responsive Part 1.pdf

Washington State

Liquor Control Board

Febru~ 25,2013

Subject: Rejectiou of Response to Washington State Liquor Coutrol Board (WSLCB) Request for Proposals (RFP) K430, Iuitiative 502 Cousulting Services

Dear Ms. Lisa Li,

This letter is to inform you that Charter Licensing Group’s response to Request for Proposals (RFP) K430 has been rejected because it failed to conf nn to RFP requ ’ements.

Section 3.2, Preparation of Proposals, states in part:

"...Incomplete or vague responses mily be considered non-responsive and may be r4ected. Failure to complete Clnd submit the required item, /isted in this section may disqualif the Proposer from f.lrlher participation in this RFP...

"

It is the sole responsibility of the Proposer to understand the RFP requirements and ensure their Proposal is complete. Charter Licensing Group failed to complete and submit the following required items in response to RFP K430: Proposer’s Authorized Offer, Proposer Information, and Subcontractor Information. Chalter Licensing Group 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 prepaling future responses. If you have any questions, please feel free to contact me by phone at (360) 664-4526 or email at [email protected].

Sincerely,

~~ e><-~" . "

/. .

ohnFarley Procurement Coordinator

cc: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

00005730

Page 330: R - Non-Responsive Part 1.pdf

Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:48 AM

[email protected]’ WSLCB RFP K430 - Rejection Notification

K430_Charter Licensing Group_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

[email protected]

1

00005731

Page 331: R - Non-Responsive Part 1.pdf

Washington State

Liquor Control Board

February 25, 2013

Subject: Rejection of Response to Washington State Liquor Control Board (WSLCB) Request for Proposals (RF.P) K430, Initiative 502 Consulting Services

Dear Ms. Lisa Li,

This letter is to inform you that Charter Licensing Group’s response to Request for Proposals (RFP) K430 has been rejected because it failed to conform to RFP requirements.

Section 3.2, Preparation ofPl’Oposals, states in pmt:

"".Incomplete 01’ 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 fitrther participation in this 11FT...

"

It is the sole responsibility of the Proposer to understatld the RFP requirements and ensme their Pl’oposal is complete. Chartel’ Licensing Grollp failed to eomplete and submit the following required items in response to RFP 1(430: Proposer’s Authorized Offer, Proposer Information, and Subcontractor Information. Charter Licensing Group subntted an incomplete and vaguc response and is thus deemed non-responsive and rejeeted 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 rutnre responses. If yon have any questions, pleasc feel free to contact me by phone at (360) 664"4526 01’ email at [email protected].

SinCerelY’~. tfr ~~ .,

i .

ohn Farley Procuremcnt Coordinator

ee: K430 Contract tile

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.liq.wa.gov

00005732

Page 332: R - Non-Responsive Part 1.pdf

1.1 ABILITY. CAPACITY AND SKillS

How Marijuana and/or Agricultural products are grown, cultivated, harvested, cured, and processed Since 2009, our industry partner has consulted on custom design, construction of build-outs and remodels, delivery of complete POD systems, services crews for hire to monitoring grow cycles, cultivation and harvesting"

Our partners have given classes on cannabis horticulture such as "How to Set Up a Grow Operation" that have included equipment options, nutrient system design, growing environments that include temperature and humidity, ventilation, dehumidification, watering), equipment options, planting media, organic fertilizers, pesticides, pruning, physical security, harvesting and curing,

Our partner consults with American Viticultural Areas, or AVAs, which are geographical wine grape growing regions in the United States, to leverage grow, harvest, cure and process methods to yield various levels of THC explore the opportunity to coordinate our activities, Their boundaries are defined by the Alcohol and Tobacco Tax and Trade Bureau {TIB) and were established at the request of wineries or other petitioners, Washington State currently has 13 AVAs,

How Cannabis is infused into food and beverages

Our partner has experience and knowledge of the intricate process of taking a non-Cannabis substance and infusing it with some type of Cannabis by-product to create a new delivery system, Hash for example has both hot water and cold water extracting processes, Oils are processed by using a butane distilling process, The purest form of extract is Keif that is produced before a harvestable plants is cultivated,

Our partner can offer introduction and advanced education classes on the process of infusion for alternative medical delivery systems, and on the pros and cons of different consumption methods, Cannabis extracts include wax, hash, sheef,shatter, teachers, glycerin, butter, vegetable oil, granola oil, keif paste, syrup based drinks, seltzers, and alcohol infused products,

How Marijuana should be packaged. labeled, transported, and sold at retail level

Our team has knowledge and experience utilizing the typical packaging methods of medical cannabis: 1) pharmaceutical grade plastics "poly ethalene", 2) "poly eurethane medical grade bottles, and 3) scientific goldstein glass that seals with both spring board or rubber seals,

Our team has the" dispensary experience" to draw upon, Members of our team have set-up and managed numerous dispensaries meeting the current medical Cannabis guidelines, There are typically four roles in a dispensary transaction: 1) the Manager who deals with vendors and outside medicinal products, 2) the Bud tender who describes current inventory that best meets the needs ofthe patients, 3) an Assistant who is HIPAA compliant, validates patient identification and compliance, and ensures product testing and labeling, and 4) Security personnel.

Development of the Internet has.challenged alternatives to the traditional3-tier distribution system, Our team has first- hand knowledge of the current delivery system that is available to those individual

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who are not able to visit a dispensary in person and could desi::ribe the current vehicle delivery system that is available via the internet. To follow 1-502 tied-house restrictions and prevent online retailers

from selling both to Wholesale Retailers and to Customers, we will recommend methods of governance and regulation to limit sales only to incur in state-licensed retail stores. To ignore the medical cannabis market dynamics is to recommend recreational cannabis marketregulation that will merely delay scrutiny of the intersection of state health, safety and welfare and economies of the Internet. We offer an experience-based understanding of cannabis distribution under current Internet economies.

How wholesale and retail Product should be recalled and accounted for

It is essential that all retail product be uniquely labeled with bar codes throughout each stage of the

supply chain to identify the weight, grower, processor, strands, THC potency, and other ingredients at minimum. Our team members have first-hand experience on the challenges of managing inventory. Members have implemented software programs at the Dispensary level that aid in the control of

inventory. Theft is an issue that has to be dealt with by Producer and Dispensary Management both at the staffing and retail level. Current medical marijuana distribution is now corrected through Dispensary Asset Management System (DAMS) that captures full transparency in tracking inventory from production through its ultimate disposition. To create a functioning commercial cannabis market and taxation for recreational use, we will regulation to establish full transparency in tracking inventory from seed to production to processing to sale.

To ensure the safety and quality of product before it is made available at the retail level, we propose strict certification and testing of seeds, production and processing at each stage before the product reaches the customer. Our goal is to destroy cannabis as soon as it falls out of compliance instead of

recalling and destroying product after it is available to the customer.

How Marijuana should be destroyed if overproduced. contaminated. or recalled

Our team members can speak to the process of destroying contaminated product as soon as possible to avoid cross-contamination of fungus, pests and inferior product. The goal is to minimize the exp,ense of

producing or packaging contaminated product. Currently each grower has their own means of disposal, however, in order to reduce the risk of the spread of fungus or pest most product is disposed of at transfer stations along with household garbage.

To help maximize inventory and product control while minimizing inventory and tax revenue shrinkage, we would propose a centralizing a certified independently operated marijuana destruction facility.

1.2 EXPERIENCE

Travis Nyman graduated from the University of Washington in 2004 with a concentration in corporate’

development and business acquisitions. Travis has a diverse working knowledge of the Medical Cannabis

industry. His expertise includes establishing and operating MMJ Dispensaries and Recommendation

Clinics. He has deSigned Cannabis grow environments for MMJ Collective Gardens. He has first-hand

knowledge of all aspects of cultivation, harvesting, THC product manufacturing and vending. His

research and understanding of the current laws and regulations and operating environments for Medical

Cannabis will help the State of Washington traverse a very complicated and sensitive subject matter.

His knowledge will be instrumental in helping the State develop their action plan for implementation of

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the new legislation for Recreational Cannabis.

Team Structure and Internal Controls

Lisa Li, JD is designated as our proposed authorized representative (single point of contact) for our

proposed contracted relationship with the Washington State Liquor Control Board (WSLCB). Lisa will be

supported primarily by Lawrence Braden as the Project Management Professional (PMP) responsible for

coordinating all internal Charter Licensing Group and sub-contracted activities with external subject-

matter expert (SME) vendors. Our primary SME for Category 1- Product and Industry Knowledge is

Travis Nyman, CEO Evolution Design Concepts who brings extensive knowledge from creating, building, and owning many business enteprises throughout the Medical Marijuana Industry.

Our work will be controlled through use of a Microsoft Project plan that will be submitted for review and

approval by the designated WSLCB project manager with defined milestones, deliverables, and

deadlines. The scope of our work will be clearly defined within our mutually agreed upon Statement of

Work ("SOW") to be completed within 10 days of contract award. Our primary objective is to complete our mutually agreend upon deliverables and milestones on time and on budget. Any findings or

recommendations that are deemed out of scope of our SOW will be accumulated and subject to further

proposal such as when we move from Design phase to Implementation phase.

Staff Qualifications and Capabilities.

Travis Nyman, CEO Evolution Design Concepts, graduated from the University of Washington in 2.004 with a concentration in corporate development and business acquisitions. Travis has a diverse’ working knowledge of the Medical Cannabis industry. His expertise includes establishing and operating MMJ

Dispensaries and Recommendation Clinics. He has designed Cannabis grow environments for MMJ Collective Gardens. He has first-hand knowledge of all aspects of cultivation, harvesting, THC product manufacturing and vending. His research and understanding ofthe current law s and regulations and

operating environments for Medical Cannabis will help the State of Washington traverse a very complicated and sensitive subject matter. His knowledge will be instrumental in helping the State

develop their action plan for implementation of the new legislation for Recreational Use.

Lawrence Braden (Project Management Professional) earned his Bachelor’s degree in Accounting at

University of Southern California before earning his Masters in Business Administration at the Anderson

School of Management at University of California - Los Angeles. Lawrence earned his Certified Public

Accountant (CPA) license working with the Big-4 at Deloitte & Touche where he completed considerable

inventory control and financial compliance work throughout many diverse industries prior to joining Time Warner Internal Audit where he also performed.a wide variety of process, compliance, and

forensic audits throughout the United States, Asia, Canada, and South Africa. Lawrence joined the

Dispute Analysis & Investigation team of Financial Advisory Services division for

PricewaterhouseCoopers LLP after earning his MBA and subsequently recruited by Universal Music

Group eLabs online music strategy group to help develop and implement product regulation and finance

standards for the new emerging online music direct to consumer industry. Lawrence was recruited by Vulcan (Paul Allen’s Investment Company) to be its Controller and Director of Finance.

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Category 2 - Product Qualitv Standards and Testing

A iti~x,- 9’p~~_itY’_ _nd_~~i-’-l~

In February 12, 2012. Los ,A..nB~I~~,,~_!l1)es_desc~i ~~,t"~~ ~urren!. s.~a."t~ otte~_t!~g "~~rJiua.~.ama"~ "~’"[esting.R’?!" in a legal vacuum" created by the lack of Federal or state regulation of marltuana as a pharmaceutical or

~To develop product testing and prospective quality standards, we partnered Vie J3artAer-ea with the Director of Research and Development of a nationally recognized testing authority in certification of

mariiua09_.fIJJllJS!ading provider of ultraMfast vapor analyzers. :J: ur partnelRrovide~ infrastructure and W..Qertise neCeSSgCi.tQ..assist In the design of procedures to test Qroduct qualltYMand then to ssist with

imPlement’-!tion of -sState.Jillproved standards for testing marijuana.

We shall 50IJ.fCe or create oQ.tion_~ for qualified and reliable testing resourc~s to assist LCB to establish. consistent quality standards and testing procedures. We may propose testing protocols to minimize

errors in test results. To hold technicians at or above the State defined level of knowledge and skill. we

may propose training and recurring state certification.

Our activities may include, but are not limited to, the following research activities: establishment and

Implementation of standardized quality controls. calibration procedures, a single set of standardized

testing and sample retention procedures, technician training and certification. compliance review tests to reduce fraudulent activities within the system...deslgn and eS1;abllshmgD1Qf a testing certification

p-rogram( labeling, standardized crop inspection. advisement andJ;focumenlation mroduction methods

gnd lnp..Yts to improve_QrWJJ.. ualitv and to f.,gQ!! e contamlD.2D..~ test resl,llt information duplicatim. segmentation and distribution to specified parties, and a knowledge of the individual and collective

regui~ements of endMusers as it relates to chemical constituents tested, quality control and labeling standards, IVli55leR &-tster>>e19t: Ol:lr eBjeEtiye is-te aeliver aE61:.1fate aAe el\peeitisl:.IS resbllts te el:lr Etlste er5e~r.-We-will aEEe J’llish tl:lis lay f ett5ffig---efrel:l-f-tAfee--6~ ~es: 6l:lsteffief

serv-iee;-res-ea-4-e l:leatie-n, We are passf.enate+y--se~-tl:le-l-A-4tt-str’/ By 8 lyiAg 21st

ee-n-tl:l-ry--sta-te-ef-tf:le---art 8 A a Iyti Ea l--te l5--a-Af.l----teetJ-oolegte-s-wA-ite-erAf!leyffig----eqt.l-aI-ly--ma-tffieef5eAAeh All tAese 6smliJiAea will allev.’ 6sRsisteAt leRg term liJeRefits te ~ er}::g meRtee ~takei’lsIEl~ Aas n-t-feEreatisAai---FfnJrijl:laA8 system,

Experience

Various factors come into play when thinking about quallty. These factors include standardization and, most importantly, reliable and accurate testing methods, Our..lli!LtlJ~:J:e-stffig-AutI’lOOty-JN+A-)-is the

only certification and preMscreening laboratory in existence to use ultra-fast gas chromatography (UFGC) in order to undertake the current needs and requirements of all stakeholders for quality control and

dosage information as it relates to medical marijuana testing, At present, UFGC Is used by various

government agencies such as the Department of Homeland Security (DHS). the Drug Enforcement

l.Y..U11;..I)t-and other local and state law enforcement agencies nationwide, Academic labs also use this powerful new tool in fields such as agriculture, ecology, and environmental biology. Private sector

companies like Philip Morris also use UFGC.

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Our national testing tltherity-partner participates in educating collectives and patients about the benefits of lab testing for safety and potency. Innovative and scientific testing processes can provide a detailed analysis of contaminants, pathogens and potency prior to ingesting marijuana. Collectives We

may recommend the State that-take tAe-necessary steps requireg to offer safe. tested mef:I.iea.I.

eaARil-W-s-maril!d..2.na to its citizens utlliz rocedures that will reduce costs. eliminate waste and

duplication, reduce public participation on black markets, conform to the needs of all stakeholders..1]Q make the State the leader in -witI-be-at-t-!:te-aiAg eElge marijuana testing, dosage/potency information and secure data management_

Experience

We selected our testing partner based on Its ability to provide testing equipment and Infrastructure methodology. - Our testing partner’s patented technology and scientific testing methods. including iMobile Test&. can conduct chemical analysis in almost real time. :rhi-s-B-avaneed-t-eci1Reffigy.-an-test-f-e-r

the-m-e-st-f.r:ee.l;tcAtly resl;Icstea eanAaeffielas--+WG. egg aRd CBN as weJ.l- as tAe lesser-fea~esteel CBG eBG, aRE! TIKV caRA eiReiEls. al!swlRg fer the iRell:lsioA ef aaaitloRal1y real:lestea aAttier real:lireEl EaAAaeiAsiEl testing inte tAe sresl3eetive testiAg ereeedtolres as iR deemed AeEessary By ti’le LCB. Through

consulting of collectives and patients. and gathering of test data. it is evident that UFGC is currently a

competitive and a possible solution for effective testing with technological capabilities to easily synergize new testing requirements, leading to improved patient protection and reduced regulatory

oversight. Ollf Ratlel’lat-te5tffig a1::!theritv Is aBle to test f --flot ORly eestffil-ae-c-eAtam1fJ.atien aRa total

THC CBbI. aREI CSN eoteRcy bl:lt alssy is a CalifurAia !sase aRalytleallaeoratery witA over t ree ElezeR

eI-ts in tAB greater Les Aflgeles area, IAleAa effi!3 rel d Palm S!3rings. TAey Rave cDmf1iled a atal:ms-e

’Nitl’l ever g~d-revtew-j l-ar-ticle5 FaRgiAg irt-te- 6s frsA’! ce>>A els gCAeties-to dosage limits

:f.a.r-!3ffi+ents.-=r:heir-e}{teASiYe-feseare-lt~flt <-aHfwbl-s.-testlng.-afld-afl.aIysf5--h-as-earned_tAeffi-ffiem rshi.~

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aAal’lze tAeir iRventery fer meld.

ltta_~itioR to_ ciJl!f!.a lneiEls li5te8 ab9.\~B, e~_R~_testiRg abltA~ i~ ~I~f!.. ,!b_le:t~ !~S! fa! l!-G.,. ~~_ _"

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A!sl:lse beth rCCeR’lmeAa GC te fRe Sl;!re tetel Tile (the E8F1’lbiAea amslIn~ af Tile JRa T CA) siRse tAat

besHepreseR~s tAB harmaeelegteahlstivity ef the mBtefffih ~

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B~~~’~ ~~V!~rT! G..~:t!..~.~~e~j1~p~jf!~-H!\!.e~l:?-t~f~j~~a.~:9i!~f5-~t.. .!1~~ffy~ _ _ _

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._~ ~matted= Not tllghllght d abetes"fesllitfAg-~A-reneweEl-ael.l.a-te-ever.-t{.:..sti-Ag-fer-total-+I4G{het-aFlillys s-)-yr.-maX1ffiilm-+ J.G..{eekf

aFh~It-ts-e1::!f-be#ef.tAilt;-iA-aEldi-t1B~-maFijl::laRa as a-r-e6~l-int-~-e-wiU develop a segmeAt afWasAiRgtoA’f re.~r~~t.i.~.R~IIl:’)~!ijll.al9i:1l1siAgJ:letJlo!.Ia.:t+.a!1-:’Nilll;!:!Ii~.e..t~~ ’~a_rip~s_ ..C!;;~t~~---’---------’-) availaBle retail marijloJaHa-rroouets eitheF-f)f-tia!1y, er iR wl:lole;-as-a-fHef.l.ieal rBmeay. As-i-Af~ E8Ath~lo.les t9 aisscmifla.te-..i.fHhe Fll:lBlic realm-ilbslo.lt the 0teAtfa.1..m.effielflal-benef.it5-.e.f+ GA;-ff-fs

etpec-ted-that-t-Ae-pl:lbli&-,~i.!’~~_fl!5::R~p-t:ef~~~~f-!f!.e:c~-I2I13!>i~R~~~~~~"~BI~~~’!~ _ _

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eveflt~atJ.V-.A-duele--alj-f-6-aRAabirtetd5-that-s~ew-merlk;.ifla.l-beHe-fi.t-5o-G""e-re-thl-S;-We-we la..H.lOOffiffIend

that,-the-5tate--l;H1oort.me-,-begi-FI-nl-n-f5wlth-the-fJtdblit-’O tAien-eut,reaeh-E:-a-ffi-t*llgf’!;-a-OOFn-f:)FeheFl5ive-studv ef..tA~Ael stl::!er stak-cholder !;IrefereRees--aR-r~tdirements as it relates to earrna-I::J.i.MiEkest+Ag aR4-d+sseml-Aatisn aftest result-s.

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~onal testing at:ltAaritry’p eartAer’@ ~atentea tee~Aelegy aAelseientifietestiAg metl:losls, \vfHe.h _

~~I3~J.~rH;h:lekR~I--ilfla.~lmest ;e~1 time, TAi; ;el/aAeed te~legy -

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<, eaA--te5t fa r tA e m est--ffe.qbleFrtly-retttd-es-teel-ea-Rfl-aiflaids-TB9-aru:J...GB.N..~e5Sef

feEjl:lestea CBG, eBC, ana TI 101 eanAabiAllswing fer the ineltdsieA of aaelitisAal.I’I reEll:lestea ansi/or reEjtdlrea eanAabiAei testing iAte the res eeti’Je testing reeeGl;:lres as iA aeemea neeessary By tAC hGfblgA tAe eonst:lltiAg of 6elle6ti’les aAEII’.mtieRts, aRE! gatheriAg af Elata fr-em tReir tests, it Is e’v’iaeflt tl’lat urGC is 6I:1rreAtl’,’ a eoml3etltlve ana ’1ial3le seltdtian fer e#eeti’/e testing witl::! tl::!e

teffiR.e.legleal eal3al3ilities ts easily s’{nergl~e Aew testing reEll:llreFfleAtsleaaiflg ts iR’l[3rs’Ieal3atieAt J*Ote6tiOFl aAG iAerease regb/later)’ s’IcrsigAt.

Pesticide Analvsis With its iMobile Teste, N+A-our partner can provide concentration data of contaminants at parts per million (ppm). While other testing facilities require over 1.5 grams of sample, N+A-our partner’sElesigneEl #le-iMobile Test@ te-only use~ 0.5 g of sample, Furthermore, their de~novo

pesticide testing method eliminates the necessity to treat any samples with any chemicals, thus

eliminating various steps that contribute to variability In results and additional oversight. regulation and cost to the State.

N-at6Aa~ Testing Ab/therityQur partner also offers SL#te-SafeMeds" certification program,~-The program is extended to both growers and collectives and implements basic concepts in plant biology, chemistry, and environmental health, +he.SafeMeds" certification program is designed to encourage:

1. Safe and accurate use of EPA regulated pesticides,

-h.l,.Education among vendors regarding the harmful effects of selling product that has been

overexposed to EPA regulated pesticides~

.];,.2...Problem solving methods and techniques in order to prevent, rather than react to, pest Infestations,

Cannabin old Analysis ~[ncorporating UFGC into the iMoblle Test" system" N+A-our partner can so-trn-ple CA~S tl:1e iMe-Bile-Test"-te-accurately determine cannabinoid content In each sample.

Because an accurate THC potency number comes from comparing the numbers on a weight~to~weight (wfw) basis, NTA-our partner has adopted the method used by the Drug Enforcement Agency (DEAl to calculate a true and accurate THC potency analysis. During development of the IMobile Test system, our

partner conducted over 1,100 tests that yielded results comparable to those published by the DEAs

Potency Monitoring Project headed by Dr. Mahmoud A. EISohly at the University of MississippI.

Our testing partner uses advanced technology to test not only for pesticide contamination and total THe. CBD, and CBN potency, but is also able to test for CBG, CBe. and THeA, The most frequently mguested ilJlnaQinoids toJ2!Lt~~ted are THC...._ BD and CBJ’i_ Past eXQ.grJ~nce of our t~!?llnR.partn.er has

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shown that majority of current medical mariluana market stakeholders are mainly Interested In total THe. CSD and CBN test information. United Nations Office on Drugs and Crime and the National Institute on Drug Abuse both recommend GC to measure total THC (the combined amount of THC and THCA) since that best represents the pharmacologIcal activity of the material.

Recently. however. THeA has shown promise in clinical studies as a cannabinoid treatment for Type 2 diabetes resulting in renewed debate over testing for total THe (hot analysis) vs. maximum THe (cold

analy~.i..?lJt is our belief tn.’!!:. in additi9J1 to usingjnarliuarHU:.lS a recreatig_nal intoxicant. there may ~ejl~ a segme_nt of Washingtg.!s recreg.tionalmMli!J.!!.M...using ll.Qpulatloll that will utili~various availabl~.taitm<!dll@!a produd:.eitlm.artiilllY, or in W.09JJ!.......flS a medJ al reJmill..’L,

As Information continues to disseminate in the public realm about potential medicinal benefits of THCA. It is expected that the public’s requirements and preferences of cannabinoids tested will evolve to eventuallv Include all cannabinoids that show actual, possible or even probable medicinal benefits. Due to this. we may recommend that the State undertake, beginning with a public opinion outreach

campaign. a comprehensive study of the consumer and other stakeholder preferences and

requirements as It relates to cannabinold testing and dissemination of test results, We may propose that the State ~rk with a specialized, local. knowledgeable and well-respected PR campaign Q!’I@nization, pr possibly a s.ogclaltv group within a larggLQf,anizatlon, in order to gauge the variol!staketLQl9J!r cannabil19Jp and_contamLflillg,_tesJing, certification and laq,eling, prefe[~nces and

f!lm rements"

Wbjl(,Lwe anticlpflJJ~JCB maYJn.Ltiallv impJg-’1tent can_nablnoid testing standardsJ.~at curreI}1IY_match_"y’p’ with current stakeholder expectations, we are prepared for possible inclusion of additionally requested and/or required cannabinoid testing Into prospective testing procedures as Is deemed necessar~

Data Integrity Designing data integrity into the Implementation process will provide consistent and reliable data aggregation to ensure informational and product transparency necessary to build

consumer confidence. Testing facilities, whether location-based and mobile, should connect through a secure encrypted online application that logs each test result prior to issuing product label codes. This Internal control will assist in monitoring supply chain from production through testing. The security and

integrity of onllne information should be evaluated by a reliable 3,d party resource to ensure privacy, security and encryptIon may increase sales and tax revenue while redUcing labor and oversight costs.

Certified labels are rapidly becoming the standard for purchasing medical marijuana that typically Includes testIng and pesticide information, A printed test result Certificate of AnalYSis (COA) is sometimes rendered to each customer. The COA shows THC, CBD, and CBN potency levels (as a percent by weight) for each tested sample. A separate COA is also issued with information regarding pesticide content,

Staff Qualifications and Capabilities

Our partner’s laboratory Research and Dey(!lopment Director is Jose A. Zavaleta" s-the-R&9- k.eet&f-fef

N-l=A-taberiltor es.--He earned a M.S, degree in Analytical Chemistry from California State University, Los

4 CATEGORY 2 - PRODUCT QUALITY STANDARDS AND TESTING

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Angeles. He has published numerous analytical chemistry papers In peeHeviewed Journals. Mr.

Zavaleta has 7 years industry experience working for pharmaceutical and biotech companies including 4

years teaching as an adjuct chemistry professor for North Orange County Community College District.

Approach and Methodologx

We may specify a secure database and a securea fixed storage facility for long term retention of test

results and backup samples, allowing for fetes’Rre~testingg of lots or segmented lots of marijuana at

any stage in the ill9IJW..lliLsystem after the initial baseline test has been complete Jo ensure

compliance with-et:lffeAt future laws and standards. af st3ceifiE lets tl:lat rseessers aAe! retailers eel:JIEl

I3l:lJl frsm tAls aatasase ts ereate ecrtlfled I3rodl:Jet laeels. The bilse!ine testing that we may propose for

this marijuana system consists of utilizing the State’s prospective mari!uana testing procedures to

Initially test every lot of marijuana at an optimally defined period during the drying stage of production

{i.e. z.n~. ~~~~.of dryl~gt.. ~~,~~_i~l~ ~.ec2m~end.a!h?~.s..~.I1_~ptl_mal’~s_el.!n..e...t~s~ing a~~ sll.bj~,C! t_o chanJ{e __ _ __’

once LCB Initiates public question and answer sessions, we can adjust optimal testing times. Once

baseline testing on each lot is completed. labels may be printed at each subsequent stage of the system

W:jL iruUL~.1ngre secul.~J1latfQ[Dl.t9 congr~gate alLt~j.tl.l1.Elr1formatiQDJjJ1,ll:lQing total lot w<:1iRb.Li.n. order to determine the number of labels.J,1ermitted.Qgr lot based on the total weight of segmented

packaging for wholesale and/or retail sale.

In order to effectiY& implerng[1.1.Q[Q.f~ses describ~d -we--fffilfl~e-Sta-te!-s-ab0ill.. we m..9Y..Q[9"pQ1g tation of a simple. reliable, secure and accurate testing and transaction system/platform that is

currently in use within Washington State to regulate the.Q!!l1 tab industry. _Due to common elements of

pull tab transaction reporting and tracking, control and data management procedures as they may relate. respectively. to prospective regulation of recreational marijuana prospective transaction

reporting and tracking, control and data management requirements. If it is deemed by the State to be a

viable option. we may propose that our testing partner work with our proven inventory management

~stem desigl1.R.9Jtner in order to reSlJize an effective. cost efficient integration of apJ2licable pull tab.

J2I.Q,~.illl[~_L9nd infrastructur!nlQJhe design/moQlfkil:!l@ and implementation of a new I"!;Lqeational

marijuana system’s se_ ure transaction~ontrol and data manag~Jnent system/platfQrnJ.., We may suggest a collaborative effort to result in a single. tested (within the pull tab market). transaction,

control and data management platform -<:* ttflg-P-ull-Titb-TestfRg-sy5t-em-.tl-siflg-afliHf-eA-t~’V:5ec-ufe

efleFv-pte8--capable of Interfacing with all licensed vendors. testing technicians, kGB-WALCB. and

designated department of health (DOH) peace officers. --mffle-a-usefu -anEl---(; t-effisient-s-titFti-Ag.-aamt

fer---a-A-iflteg-r-il-teM-es-tfRg-afl-d--ti’ n-saetiofHj-yst-effi-;

\Ve sl:lall S61dree sr ereate 6 tlaRs fer qualifled-aHtHelial:Jle testiAg-rewllrEes te assist WAUe

e&faHs-RWe---wiU-pre 9se A’leilieds--t-e--stfuttl:Jre, test an4-t:egl;l-/ilte testiAg j3roeedl:Jres results. P-1’Oflef

{~~~~~~~~".~.~~.~’~.ii~;_~~:~.:, ::::::_~=J

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tfaifHRg aRe! reel:lf-f-ig state eertifieatieA wOI:I1El-Pfste ted1RielaRs malntaiR a !evel sf Imswlee!ge aAa

&kUhWe anticipate that implementation of strict quality control and dosage~testing standards in

conjunction with our comprehensive list of additional recommendations will result in significant savings to the state while ensuring the highest standards of public safety and product quality. Additionally, due

to advancements in mobile testing, the Implementati~n of a single standardized testing method, elimination_qfJjK~d tf!stlng locations and a resulting ability tQ. luJ.p’lify and standardi~e technician

.iIflining..jlliplficant reductions in the cost of implementation and administration will also bj.’! realized.

-KAewleElge of the IAfrastruetl"lre reEjl::llreEl ts ~es~ MarijH Aa te eRSl::lre reElHet Ejl:lality, :EsRteRt, .iMts ’~~eI_ e_e~~u~_e_~~R.~j.~~r~tJe_A?

__ _ __

bl:lfFCAtly we uAaerstam!-:that-Ae sta~es reElI;.l!re tes~iRg sf Marij1ol3Ra fer meaieal f)l:lrl3eses. <;:i.illeR the

li}Gk-ef-afta-fle-w~y-em-ef.gtftg-reg1;llatens-lfH’B(:reatj Ra-l-ffial’ijua-A-a-useTtt-5-es5eAt.J-a1..fer--WSl:G-te

es-ta Its-h-c~-stet1&y-ffi-its-staRda-faRd-te5-HRg- -Geesse-s-w.J-tfl..q!::lallfie4-aRd-re-l.J-a.ble-t-es-tfRg-feseurees as fellsws:

:r-estiAg-.J-5-5&-I-ffij36ftaAHAat-We-Ret.a-te-guaffiAtee-results.-leelffi.i-efa.A5--Reeel-te-bL"-kAe-wledgea-b1e

eAeugh-t&fepeft-.bac-lHo-tAe-c-elleetive{-clls~eftSilFy...we-ftee-d-te.fl-ave-i::-afbe-R-ee-wfe-rffi5--fef-p.H...>sef-iptive fequl-fL’ffien-ts

+estiflg--ll-as-te--be Fcgl;llate , trael(eEl, aAe.,struetuFe6-te-Ael-p-a-vel 6Sff1l3rSl’f1isiRg-test.J--Ag-metheds-:-Nee4

te--have--c--e-ffireUed--saA’lples-ffiveFt-t -ee-tJ::Jift-we--c-a-n..te-st-9ac-k-tEh

~R&tfl:l-fllents Acea ts se-eali rat:eNeeEl ts reeerel Eli5f)eRsapl ts El"lsteFRef-l1S staAaaras to-evalua-te

ealil3ratieA af equil3rneEven though regulation of medical marijuana is outside the scope of 1~502J we

anticipate possible inquiries In the future from stakeholders at all levels about the applicabl!ity of the

testing and standards of the prospective recreational marijuana system on the unregulated medical

marijuana system.

6 CATEGORY 2 - PRODUCT QUALITY STANDARDS AND TESTING

COmll’lent.[h1]: Aren’t these thesame?Ves they e.

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Please answer the questions listed below, attaching additional pages as necessary:

1. 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.

2. 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.

3. Staf/Quali/icatlons and Capabilities. Please Identify staff by name and title, including subcontractors, who would be assigned to the potential contract, Indicating their normal

responsibilitfes in your firm. Provide qualifications information on the named staft Including the individuals’ particular skills refated to this project, education, experience, significant accomplishments and any other pertinent Information.

4. 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 Conspmption validatIon as requested in this RFP, to estimate demographic and psychographic segmentation, specifically related to the use of Cannabis.

Category 3 Product Usage and Consumption Validation

Ability, Capacity, Skills.

We partner with a_nationally-known market re.search firm_ )(esumetriu (-iHHi-ft5 pare FIt eempatlVr ~)-to provide all statistical modeling, segmentation -and database cleansing, matching, profiling and overall data Integration services required under K430 Initiative 502 Consulting Services to include, but not limited. to, estab!ishing -reliable and valid statistics regarding product usage and consumption levels and patterns across all geographic entities within the State of Washington,

Our partner is a leading database company that is highly regarded for quality of its data, its high standards of data cleansing and its use of proprietary matching algorithms as well as its IT team’s

technical capabilities including creation and development of Interactional marketing databases with

user-friendly PC or tablet Interfaces built on the MS Windows platform. E-xeatFrte:l:Dr, AI Nigle,_Head of Research and Chief Scientlst,l:1r.-A.-Ntg1r has over 25 y,ears of experience in consumer segmentation and psychographic modeling of segments. FollOWing completion of his Ph,D. studies in Cognitive Science

at the University of Cincinnati~,9f:-NigI-_received post-doctoral training in neurophysiology, neuropsychological assessment and applied psychophYSiology. He has taught graduate level courses in

Applied Statistical Analysis, Cognitive Assessment and Research Design at various universities including

University of Cincinnati Medical School_- Department of Psychiatry, Medical College of Wlsconsin-

-

:--.~( FOI’matted: Left: 1", Right: 1"

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Marquette University, University of Wisconsin Family Residency Program at Waukesha Memorial

Hospital and Graduate,School of Public Health at San Diego State University.

To apply its_high level of statistical and research capabilities aflEi-fGf pllFposes of f1;l~n

feEtuir-em-eflt-5--!.Q 1:-502 implementation, a team of clinical psychologists and social workersJicensed by the State of Washington regulatory boards with demonstrated training and experience in substance

abuse_{particularly, cannabis} will be assembled to provide clinical ffi.s.i-gltt-ensure and oversight to insure

that any survey tools and methodologies developed by EJteellmetrhE our partner conform to current

scientific findings in the field of cannabis recreational usejespecially the key psychographic profiles and

personality factors that are associated with no use/no consumption, low use/low consumption and high

use-/high cot)sumption) as well as substance abuse behavioral patterns Involving cannabis and the role

of addictive personality disorders in the consumption of this and other drugs. In particular, there is a

very rich scientific body of information that has been collected by both U.S. and U.K based social

psychological researchers on the Amsterdam consumer experience, problems and issues related to the

development of marijuana cafes and other legal outlets for cannabis consumptIon in the Netherlands.

TFie [lleelll1’letrhtQJJLpartner’s team will take advantage of this existing body of scientific literature to

help guide its creation and development of statistical methodology and design the scope of studies in

such a manner as to more accurately measure the usage and consumption patterns.

E")(e6t1A’1etr c Our partner has performed similar statistical services requIred to identify and analyze the

market need, market size and competition with a variety of Industries including the financial,

pharmaceutical, automotive, entertainment and consumer electronics, insurance, communications and

software and hardware technologies. It has demonstrated expertise in market segmentation derived

from survey data obtained via telephone, online web-based or in situ consumer interviews. To apply

sophisticated methodologies primarily based on the k-means clustering methodology and validated by

post-hoc discriminant analyses, our partner following these four steps: (l) employ Cluster Analysis to

analyze -Custom Segmentation; (2) apply a group of multivariate statistical methods, Cluster Analysis, with the primary purpose of identifying similar entities based on a pre-determined set of specific

characteristics; (3) mathematically classify survey variables, Cluster Analysis, so that each objvariable Is

very similar to others within its duster and very different from others outside of its specific and

mathematically-independent cluster. Then the Chief Scientist directs his statistical team to determine

questions used to duster the entIre set of survey responses_- a tria! and error method Is used and the

best cluster solution Is determined based on the number of dusters, the number of respondents in each

dl’.!ster and the tests of significance (using discriminant analysis) to valldate the clustering outcomes.

There are three stages to our partner’s~euffiet-fh(!.s custom approach to cluster analysis which will be used in this case to segment the State of Washington’s consumer usage and consumption of cannabis: partitioning, Interpretation and profiling. Our product usage and consumption validation partner generally uses a non-hierarchical clustering approach referred to as K-means cluster analysis. After validating the clustering solution, itsJeam assigns a name or label to each cluster/segment that typifies an essential element of that segment, in this case, the psychographies that appear to dominate with members of a particular mathematical cluster or segment. The final stage, profiling, is perhaps the most important because it is in this stage that all of the other data gathered in the survey is combined with

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the data used to perform the segmentation in order to create an in-depth profile of the Individuals within each segment. Using K-means clustering techniques the data in the previous slide is forced into three clusters or segments based on Euclidian distances around a central point or centroid. LThe graph below illustrates a 3 duster solution where..e~c.~.~!.u~te[ <.:.o.~!.a!.~.s .!l=:={{< !. ~lsl:l~j~c.!s..a.n9 re.p.r.e.:s~rlt~ ~

-

much larger groups within a population, for example, the population of the..S.!~t~..._ _ _

In the past, using a combination of national telephone and web-based surveys to targeted populations, our partner assisted clients in determining the prospective market size, market segments and projected business volumes (including take up rates and econometric s with volume benchmarks) for various

consumable goods and services Including those within highly regulated environments such as Alcoholic

beverages, p blic housing, SEC regulated financial investments and private placements, senior living

construction, public hospital financing, high yield taxable and non-taxable bond products.

~~~~ .~era.!~..a.Jl.~6 ~~!SJ~y’~s,J~Y~~.! ~1~J~a~l...

..f:3.J:f:~l~l~cfifl_<>>~eia!:i~!f~~~~~E:!B~~~ Y’!t~~~!t~~f:fe_~;:~~Rf~~~W:I~aftS.

fpJ .~~a.~th ~~.!1~t.I~ .P’:l.c~a.g~sJ~r~!!1pl.9y’e!-~.pgt.1s()r~9 ~I"!.~ ..f~n.~~dJl"!s~~~Qc~ ’p1!l~.s...

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Our p’ar.t~.r’..~mtf.jH Chief Scientist and research staff have the following set of statistical,

modeling and population identification and market sizing skills that could be applied J as required, to fulfill the State of Washington’s need to better understand the overall usage and consumption of

cannabis currently and future projections among its citizenry and defined by geographic locations

(County, City).

--Predictive Modeling and Business Forecasts (consumer adoption and potential revenue estimates)

.

-~Consumer Market Segmentation Studies

.

-Conjoint Analysis studies

.

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.--Statistical MetawAnalysis

.

---Econometric Analysis and Forecasts

.

---Price Elasticity and Price Sensitivity studies.

.-Database Profiling and Modeling

.

---Consumer Usage and Product Consumption Modeling-

.

---~- Projective Forecasts - product supply and demand gap analyses.

----Market Size Statistics and Modeling.

. Psychometric assessment and psychographic modeling and profiling

Statement of the Problem subsumed under Category 3

We understand many of the ehaJ.lenges inchallenges in determining with any precision the present use

Ad-.C-RSl:Imptl-eRand consumption of marijuana in the State of Washington. In fact, the Fiscal Impact document produced by OFM regarding 1-502 clearly states that, because of marijuana’s long term status

as a Federally-regulated, controlled substance with a long history of both State and Federal criminal

prosecution of users and elis~ril3l:lters ;.di;;jJibutord;. it’s extremely difficult to estimate with any reasonable degree of error current usage and consumption patterns by different geographic locations in

the state.

As described in the Fiscal Impact document of 8/10/2012, an estimate of marijuana users was

created using the u.s. Department of Health and Human Service, Substance Abuse and Mental

Health Services Administration’s National Survey on Drug Use and Health, 2008-2009 focused on

the data collected and projected for the State of Washington. The survey estimates the percentage of marijuana users to be 17.18 percent for persons 18 to 25 years of age and 5.57 percent for those

26 years of age or older. Assuming Washington’s population of marijuana users Is Increasing at the

same rate as the national use contained In the survey, the number of users in calendar year 2013 is

estimated to be 18.4 percent for persons 18 to 25 years of age and 6.1 percent for those 26 years of

age or older. Applying those percentages to the 5t~s--State/s forecasted 2013 population, estimates assume 363,000 Washington marijuana users in calendar year 2013. Estimates also

assume a 3 percent increase in sales beginning in 2015 to account for population growth and

inflation.

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Frequency of consumption is estimated using the pattern contained in the United Nations Office on

Drug and Crime, 2006 Bulletin on Narcotics, Review of the World Cannabis Situation, page 48. The

frequency of consumption by users ranged from a low of 18 percent consuming once a year to 3

percent consuming daily. Applying this consumption pattern to an estimated 363,000 Washington

marijuana users, and assuming 2 grams of marijuana per use, the number of grams consumed

annually by residents of the state is projected to be 85,100,000 grams.

iUsing.the.sej:>roJe:ctidriS -(Whlchfir yet tobestat sticalty yalidated)’, total r vehlie a c rlli nI~ to,theS tate

ofWa,shln.gtonthr ugh-theim.pl ri1 ntation-:ofl-s,OZ,.ts’estImatedi be’ashigh’as.$l,943,936,OOO_over the:firsffrveffscal y rs:f llovJingftlll_-lm lel t1t tiQr~ l.

_

The applicability of the forecast model that the WSLCB already uses for the usage and consumption of

liquor to the usage and consumption of mar"lJ~aRil-hmariiuana has not yet been established. The

calculation of an alcohol usage Involves a threeNstage process: 1) estimation of an exposure distribution

of alcohol, 2) establishment of the relative risk function, and 3) the solving of the equation for the

PAF [15]. Since the distribution of alcohol consumption on an international level has not been agreed

upon, the common approach is to estimate the PAF using categorical measurements rather than

modeling it In a more mathematically appropriate continuous manlier [16,17J.

The mathematical expression is as follows: Formula 1 PAF=Lkl=lPi(RRi-1jl:ki=1Pi(RRi-ljt1 where I is

the exposure category with baseline exposure or no exposure, i = 0, RRi is the relative risk at exposure

level i compared to no consumption, and PI Is the prevalence of the jth category of exposure.

However, it is anticipated that one desired outcome of the research and statistical modeling program outlined In this proposal, could be the creation of a similarly-derived formula for marijuana consumption

based on the objective data analysis.

12. Approach and Methodology

Because of the inherent difficulties in establishing reliable and valid estimates of current and future use

and consumption of cannabis In the State of Washington, an obvious solution is to develop a

comprehensive survey program which can be created in such a manner (obJectively-derived questions

yielding ratio and interval data equivalents, stratified sampling methodology across key demographic

variables, such as gender, age, geographic location of residence) that advanced modeling statistics can

be reasonably applied to create statewide projections.

Our partner~me-tfix. has demonstrated expertise is applying the RIM weighting methodology* to

reduce error of prediction and increase the degree of concordance between smaller sample data and

reliable estimates and projections to the total population, e.g., State of Washington. Below are some

examples of the formulae involved in using RIM weighting to make statistically accurate projections of a

portion of a population (a reasonably-sized survey sampl~ of Washington residents-Lto the total

population (all residents within the targeted demography- in this case, all Washington marijuana users).

"I ’c: mmenttI11]~FactCh!!ck.This

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Rim Weighting Formulae

Root Mean Square

The formula is given for a rim weighting matrix consisting of two variables (dimensions), but the same principle applies when there are more dimensions.

",x" "

’.,..’ ..’..’.. >"’,’’,’"

nt/. The target number In category Iln the first dimension.~

... ... I.

"/’ The sum of the observed numbers in category Iln the first dimension.~

-~..,,~"~

mo) The target number In category j In the second~

~-~.

110) erved numbers In category j In the second dimension..

I The number of categories In the first dimension.~

_.-

J The number of categories In the second dimension.~

. .. i

The formula for the weight adjustment is

mddij ’" mdi} (m/md)

Where

mdij

Represents the weight adjustment calculated In the previous iteration for the cell at the Intersection of category i in the first dimension and category j In the second dimension. In the first Iteration, It Is substituted with

nij(nh/n;.)

mdj

Represents the sum of the weight adjustments calculated In the preVious Iteration for category j in the second dimension. In the first Iteration, the expression

The calculation for the root mean square is..;.

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I 2.1 .

2 rms -~ 2. (mj,-mdi,) + 2. (mFmdd.)

i = I j= I

"~~~-~F~’_~.~~~~___~~_m_m_m_

Where

md/, Represents the sum of the weight adjustments calculated In the previous Iteration for category i In the first dimension.

mddj Represents the sum of the weight adjustments calculated In the current Iteration for category j In the second dimension.

At the end of each iteration, the Weight component compares the root mean square with the product of the weighted total and the given limit. (The limit defaults to 0.005, but it can be set to another proportion,) The iterations continue until all of the weights are within the limit or the maximum number of iterations has been reached.

Rim Weighting Efficiency

The rim weighting efficiency figure gives an indication of how well balanced the sample is.

Let

,

i I Pj t Be the prewelght for case j ~I

I RJ r::~ ,’m-::’;:t~:, ",,} .~c::.,",::.L".""."..."""_

"___._____"._._.

Then the rim weighting efficiency is

I oo,o( LPlJ ""P,"VP.R2 ,t.., J,t.., J j

j j

If the data for many respondents needs to be weighted heavily up or down, the efficiency percentage will be low. The greater the percentage the more well balanced the sample.

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*For further information on rim weighting see the Rim Weighting Theoretical Basis Paper entitled "ON A LEAST SQUARES ADJUSTMENT OF A SAMPLED FREQUENCY TABLE WHEN THE EXPECTED MARGINAL TOTALS ARE KNOWN", by W. Edwards Deming and Frederick F. Stephan, in Volume 11, 1940 of the Annals of Mathematical Statistics.

Another advanced statistical method that could assist the effort to arrive at statistically reliable and

vaHd projections of current and future marijuana usage and consumption is the application of Neural

Net algorithms, especially the error correction method. Neural net algorithms, based on regression

methods, have been successfully applied world-wide to solve -difficult and complex problems of supply and demand, perhaps, the most noteworthy applications have occurred in China and developing nations

of the African continent were Neural Net methods were applied successfully to predict population water

usage and consumption and Insure adequate water demand over specific time periods. Although the

relationship between marijuana use and ,Consumption in Washington and water usage and consumption in China may be difficult to grasp, the point is that in both cases large amounts of critical data were

unknown and both situations are essentially problems of accurate estimates of product supply and

demand.

The role of our partnerEl:e6~fAetriJ( in this project may also be expanded beyond the design and

execution of consumer surveys to the role of data aggregator and meta-analytics. The Fiscal Impact

document referred to earlier also contained tables of State expenditures to conduct a number of

consumer surveys which are planned for the next 5 years and for which funds have been allocated.

Because a nu~ber of these surveys may touch on the issue of usage and consumption, in full or at least in part, it will be necessary for the different survey results to be analyzed and integrated to avoid

duplication of effort and misinterpretations due to varying survey methodology and sampl1ng

procedures as well as the nature of the questions asked. ~FRetril( ailE! its ar.ent-eeffi1*l’AY

ViaFAe:riE,Our partners have the experience and the skills to work with large quantities of data,

aggregate the data, profile the data and eventually provide analyses that integrate the dlsparately- collected findings to develop a complete picture of the current and future usage and consumption of

marijuana, especially as user profiles, usage and consumption patterns change over time.

At.:.t:tvi es-Possible Product Regulation Costs:

I Surveys of targeted groups (age, location, gender) to arrive at a statistically valid projection of State-wide usage and current consumption el:lf’fefl-t

I Surveys of licensed marijuana outlets (confidential, of course}Jncluding in situ or intercept interviews to model future supply/demand and price elasticity factors I Combine these two sets of data to make 5 year-Near. 10 year projections of usage, consumption and supply demand metrics

rn Meta analysis of other survey data authorized by the state to study this problem and combine that data with our data for purposes of developing a comprehensive econometric analysis of costs and revenue for the State

I Hiring a small team of licensed mental health professionals.-jpart-time, 1099 non employees ,e.g., 1 licensed psychologist and 2 social workers or licensed substance abuse counselors, all with substance abuse training and experience) to assist in developing survey questions, conduct in depth interviews and

provide input to formal reports

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III Telephone and web survey provider costs plus modest compensation to respondents to maximize number of surveys completed

We project the following services will be needed for a successful report to the State;

1. Gather data regarding growing conditions implemented growers that Include:

a; Size and outline of "location" such as garage, clean room, basement

b. Harvest time and how many "grows" per year

c. Use of pesticides, analyzed by type, amount, time, form and frequency of application of pesticide at each stage of plant growth and whether pesticide is applied directly or indirectly to the plant using

wh,ich dilution method

d. Type of training employees receive before touching the plant

e. Packaging method for delivery to dispensaries including delivery method and packaging of excess

inventory

2. Gather and analyze standards set forth by authorities like Dr. EISohly regarding cultivation of medical

marijuana and compare with practices employed by growers

3. Conduct research regarding standards set forth by the Environmental Protection Agency (EPA) on

appropriate use of controlled pesticides and compare to data obtained from growers.

4. Afte~ analyzing all of the above data, develop and conduct field test of our recommended

growing conditions

5. Conduct survey of medical doctors and gather their recommendations regarding benefiCial

cannabinoids for patients who suffer from illnesses raging from insomnia to cancer and AIDS.

We will use this data to redesign, if necessary, our methods of analyzing cannabinoids in order

to capture their potency.

6. Offer compensation to growers and doctors who participat.e in our data survey and data gathering

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Category 4 - Product Regulation

Ability, Capacity, and Skills

Experience with State, local or Federal government processes and procedures

Our team is deeply experienced in implementing government processes and procedures into businesses

at Federal, state, and local level. Lawrence re-commenced management consulting work in

implementing the first year of complex federal Sarbanes-Oxley regulations into locally-based Fisher

Communications, Mikron Vinyl, and T-Mobile where he was senior project manager for more than 35

independent consultants. Lawrence continued management consulting for World-Class Finance division . of BearingPoint where he implemented CoreFinance worldwide financial reporting standards for

Microsoft. Since 2009, Lawrence created one of the largest market leading business brokerage firms in the State of Washington where he often works with liquor licensee clients engaged with WSLCB. Our

team already has access to comprehensive design and implementation requirement s of fully integrated end-to-end hardware and software systems that may fully control, monitor, and report on each stage of

marij ana production and fulfillment from seeds through each stage of production and distribution, as well as fulfillment to the end-consumer.

a. Experience in crafting system regulations

1-502 requires implementation of a tightly regulated and licensed system by December 1, 2013. To assist in design, test and deployment of a fully integrated software and control systems from Producer to Processor to Retailer, we would start parallel tracks of legal and technical development. Objective evaluation of Producer, Processor and Retailer qualifications to perform is not enough. We would bring

legal expertise experienced in day-to-day issues of producing, processing and selling marijuana in the

unregulated market togive insight as we balance of avoiding illegal purposes, such as unlawful

discrimination or identity theft or violation of privacy, and potential risks to safety and security of

individuals, institutions and communities.

Timely implementation of an end-to-end fully integrated hardware and software control systems

supported by well designed internal control is essential to monitoring and controlling this new highly fragmented and geographically dispersed cottage industry.

An all inclusive cheat proof system is essential. The full system must prevent hacking, encryption, tracking, but also provide transparency, product and inventory tracking, compliant with department of revenue. The transfer of responsibility from the WA state agricultural to WSLCB is moving from

entitlement planning and is primarily for taxing and control purposes. Such a transparent system should include but not limited to:

)> Business owners and department of revenue shall receive transaction management reports )> Each transaction step must be defined,

)> Department of Revenue accessibility.

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>- Preventing employee theft by tracking all inventories from weigh-in to weigh-out using the

same scale and methodologies.

>- Physical surveillance, including access by local policing and taxing authorities.

" Facility guidelines integrating production with retail.

>- Inventory control systems that verify that all incoming inventory is fully accounted for either

through fulfillment or authorized disposal processes. " Off-site IT Management - integrated 24/7 IT tech service.

Members on our team developed Dispensary Asset Management (DAM) to provide a transparent,

tracking system of product in medical marijuana dispensaries. Components of DAM include:

>- Client Workstation

>- Standardized Monitors and hardware - increase timely and effectiveness in training. >- Thermal printer and cash drawer

>- Credit Card Reader

>- Bar-code scanneron item/gram basis.

>- Label writer- internal control mechanism to match product with fulfillment from

production to vendor to packaging to retail out the door.

>- All dispensaries are classified and categorized

>- Inventory control reconciliations to match incoming with outgoing product is performed

weekly.

>- Same hardware is install,ed on production and retail.

>- All pas systems and transactions must be batched daily. >- In-store ATMs.

>- Software can integrate up to a thousand vendors

>- Privacy and HIPAA compliant customer

>- Scale is an NTAP ("AND" certified trade scale) that is calibrated daily. >- Equipment financing plans.

>- Merchant service process integration

>- Integrated loyalty and gift card programs

>- Production and retail systems have standardized elements. ’

>- Platform Production system and management reports includes locations, trimmers, product

strains, phases, equipment, labor hours, processing categories for 8 weeks harvest cycle such as:

a Phase 1- Construction - Equipment, Labor, and Calibration

a Phase 11- Cultivation Processing by sub-category: . Hanging plants

. Bagging strains

. Stringing lines up to 25 branches per line.

a Phase 111- Labor and crew:

. trim-cure wet - 7-10 days in perfectly controlled environment.

. cure dry groomed

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o Phase IV - Transplant - Can take 1-2 days. . Plants/Strains

. New Soil

. Nutrients

o Phase V - Marketing & Production Adjustments - used to certify vendor

agreements

. Certifying co-ops - certifying retail outlet expectations weekly. Confirmed

order counts to ensure just in-time delivery that reduces inventory control

and physical security. . Equipment adjustments . Seasonal adjustments

o Phase VI- Product Breakdown

. Product elements include Kief, Premium Flowers (Cannabis Buds), nimbs &

jibs, plant materials, trim leaf scraps for extracts-oils-butter, roots & stems

including liquor and gelatin extracts for Cannabis-infused alcohol.

We propose to create a DAM to implement 1-502 and integrate compliance product regulation with

state and local zoning regulations. Although 1.7 million people in Washington State voted for 1-502.

Seattle mayor Mike McGinn stated recently "our fledgling cannabis industry has some serious zoning

problems - the number of places a retail shop could open are few and far between (due mostly to the

state’s rules, not the city’s). According to a map produced in January by the Seattle’s department of

planning and development, the largest swath of land available for retail pot shops in in industrial lands

including Boeing Field.

As written, 1-502 bans marijuana retail storefronts within 1,000 feet of certain properties, including

parks, schools, arcades, libraries, community centers, and public transit centers. Cities also must

propose their own restrictions on where Marijuana outlets can open (such as banning them on blocks

zones strictly for single-family houses). When you overlay state and city restrictions, there is almost no

place in Seattle as an example to set up a retail cannabis store. The law states that financial transactions

must occur inside licensed retail outlets, but compliant locations may also likely be in security sensitive

areas. As a result, our team expertise in business compliance with real estate zoning laws is essential for

designing a methodology for the State of Washington to build a safe, transparent; secure, and zoning location compliant industry.

Most loyalty cards use simple bar-code technology. A new generation of acrylic loyalty cards with QR codes can better inform consumer habits, inventory control, integrate database, and save 30% of labor

costs for the state due to real-time (won’t break, are designed to last a year to track buying and usage habits. In one month, one location could save $30,000 of labor costs. This information provides real-

time’ information

The best way to monitor regulation of usage, especially across multiple locations is to have loyalty cards

that track and aggregate customer purchase. WSLCB may wish to consider restricting purchases to an

ounce per day

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Experience

Our team is deeply experienced at operating legally in the medical marijuana industry within the State of

Washington. Our proposer authorized represented has a law degree and passed the California state bar

exam. Additionally, our team ~as implemented first-year Sarbanes-Oxley complex federal government regulations within more than 3 local publicly traded companies, implemented complex state insurance

regulations in health and life insurance companies, and have worked on approval of numerous liquor license applications with the WSLCB that involved the sale of local businesses and their compliance with

state and local regulations.

Staff Qualifications and Capabilities.

Lisa Li, JD (Authorized Representative) earned her Bachelor’s degree at Brown University before

earning her MBA and JD at University of California - Davis. At Intel, Lisa managed software

procurement and licensing Intel code to game developers to prepare the market for the next

generation processors. From Intel, Lisa took a San Francisco print start-up to an $SM business

employing 50 employees providing event, in-store and trade show creative and marketing services to

Nike and Hewlett Packard. After selling her business, Lisa returned to Mercer Island to raise children

where she grew up. In Seattle, Lisa brokers the sale of small businesses as management team of

Charter Business Brokers, I(W, Inc.

Lawrence Braden (Project Management Professional) earned his Bachelor’s degree in Accounting at

University of Southern California before earning his Masters in Business Administration at the

Anderson School of Management at University of California - Los Angeles. Lawrence earned his

Certified Public Accountant (CPA) license working with the Big-4 at Deloitte & Touche where he

completed considerable inventory control and financial compliance work throughout many diverse

industries prior to joining Time Warner Internal Audit where he also performed a wide variety of

process, compliance, and forensic audits throughout the United States, Asia, Canada, and South

Africa. Lawrence joined the Dispute Analysis & Investigation team of Financial Advisory Services

division for PricewaterhouseCoopers LLP after earning his MBA and subsequently recruited by

Universal Music Group eLabs online music strategy grou to help develop and implement product

regulation and finance standards for the new emerging online music direct to consumer industry. Lawrence was recruited by Vulcan (Paul Allen’s Investment Company) to e its Controller and Director

of Finance. In 2004, Lawrence re-commenced management consulting work in implementing the first

year of complex federal Sarbanes-Oxley regulations into locally-based Fisher Communications, Mikron

Vinyl, and T-Mobile where he was senior project manager for more than 35 independent consultants.

Lawrence continued management consulting for World-Class Finance division of BearingPoint where

he implemented Core Finance worldwide financial reporting standards for Microsoft. Since 2009,

Lawrence created one of the largest market leading business brokerage firms in the State of

Washington where he often works with liquor licensee clients engaged with WSLCB.

Approach and Methodology

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Our approach and methodology in assisting WSLCB with developing rules and regulation systems are as

follows:

We have given lengthy consideration to processes we would follow to complete this effort. From

requirements in RFP-K430, we developed a preliminary work plan. With discussion and input from WALCB either prior to or following award, as per procurement practices, we will refine this primary work

plan. For example, we may propose exploring the efficacy and benefits of recognizing and defining a 4th

tier of commerce event at the origin of production that starts when clones are taken from "a mother

plant." Proactive regulation of a commercial marijuana market to avoid costs incurred when marijuana

is criminalized while balancing the opportunity to increase tax revenues with the risk of supporting black

markets.

To establish market control/stability; influence product quality and present a regulatory framework

designed to provide (1) velocity in launching Initiative 502’s framework and (2) maximize market and

state revenue generation while evidencing a focus on compliance/regulatory responsibility and quality. The State in furtherance of the above objective - has requested proposals for consulting services in 4

distinct categories for which relevant experience, education, market knowledge and overall value are

summarized in this Executive Summary section and further detailed below within the proposal based on

the State’s communicated requirements.

This discussion is organized around the major activities and deliverables the WSLCB has defined in the

Scope of Work.

Prior to initiating work on these activities and deliverables, and during the first week of the engagement, we will work with the WSLCB to finalize and refine scope, confirm source documents and data that will

need to be reviewed, schedule individuals and groups who will need to be interviewed, confirm

appropriateness of data collection instruments and forecasting templates, confirm level of detail of

planned products and format of delivery, and establish shared expectations between the WSLCB and our team so that we are in the best position at start to meet your expectations and the WSLCB’s needs. Also, we will set up the process of project management, including tracking of progress and status reporting, and WSLCB oversight.

COST PROPOSAL

Due to our collective need to be timely and responsive to rapidly changing requirements in this newly

emerging industry, we have focused our cost proposal on a not-to-exceed hourly rate so that we may

easily either accelerate or decelerate our activities as necessary. The following is a summary of our

cost approval considering the following assumptions:

~ The not-to-exceed hourly rate represents a "blended"-average rate amongst various

professionals earning anywhere from minimum wage to up to $400 per hour for attorneys

and/or specific subject matter expert work.

~ Our travel policy assumes our RFP will pay for time of our internal or sub-contractor

consultants on the outbound trip, but our consultants are responsible for time to return.

~ Our proposal excludes any necessary travel costs from our CA based sub-contractors for

Category 2 and Category 3.

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Phase 1 - Design $ 219,000 2

Phase 2 - Consult $ 80,000

Sub-Total- Category -3 $ 299,000

Category 4 - Product

Regulation

Phase 1 - Design $ 383,250 4

Phase 2 - Consult $ 140,000 2

Sub-Total- Category 4 $ 523,250

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Lisa Li

-

Charter Licensing Group LLC

Lisa Li

has

18

years of

managing teams. Lisa

began her

career managing purchasing and

licensing teams at

Intel for c

California, Oregon,

Washington, Israel and

Malaysia. From Intel, Lisa

took

ownership of a

San

Francisco printing

bouti

landed and

grew

multi-million, multi-year marketing

contracts with

Nike and HP to

design, produce and

manage graphi

and

event

initiatives. Lisa

built and

managed a

network of

subcontractors, vendors and 49

employees. After selling Di

Charter Elusiness Brokers based in

Seattle. Lisa

then

started Charter Licensing Group LLC to

provide businesses with a

manage growth of

new

services. Lisa

graduated from

Brown

University with a

major in

East Asian

history, an

MBA an

Vendor

Management Issued RFPs, reviewed

proposals, selected and

managed vendors to

develop software tools to

.track and

analyze customer behavior. Designed and

managed

Statements of

Work for

industry events as

well as

customer events in

Silicon Valley and San

Francisco. Developed

events to

bring Nike

sponsored athletes to

the

twenty-four flagship

Nike.stores from

Hawaiito New York. Built a

network of

schools, local

governments and

retailers to

invite children to

discover old

sneakers

that were

then

recycled to

build

outdoor sporting surfaces fund

construction of

outdoor sporting surface to

include metrics to

track

progress and to

ensure

deliverables met

agreed Drafted

procurement contracts,

development agreements and

licensing contracts.

Product Development

Published proprietary

software to

protect client

confidential data and

workflow. Tracked

onIine client

revisions and

mnIti-level approvals to

graphics and

copy

created by

Digital. Pond.

Provided internal

production teams and

external client teams with a

transparent job

flow.

Built 27

branded, secure

websites. to

track over

100,000 client

comments for.over 30,000

graphic layouts.

Maintained image and

design libraries for

297 HP

shows, Siebel User

Weeks, Nike in

tiatives and

in-store

and

in-storesignage packs

for 74

direct Nike stores and 30

indirect Nike

retailers.

Marketing Programs to

Track

Consumer Behavior

Professional Affiliations

Admitted to

theCaliforuia Bar,

1995

Co-President of

Brown Club of

Washington

".__1__"’_ ______-1

Markets Served

Manufacturing, IT,

Marketing Programs to

Stakeholders from

suppliers to ,

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Nell E.

Broten --,

Charter Licensing Group

Neil

brings more

than 15

years of

audit,

accounting, valuation,

business process,

photography, website

design and

man

.

design aM

application procesS, marijuana process and

system design, and

product design

experience. He

also

possess

experience in

medical cannabis

consulting, including, but

not

limited to,

nutrients, organics, process and

system design

deficiencies, and

biological contaminants. As

an

auditor/accountant, Neil’s

responsibilities included, but

are

not

limited

implementation &

compliance, small

business audits, reviews and

compilations, and

consulting. Neil is

also a

nationally

published photographer with 5

years

experience documenting

virtually all

aspects of

marijuana origin,

manufacturing,

dding to

the

mix of

Neil’s

diverse talents, he

single-handedly designed, built, owns and

manages two

websites. Additi

patented an

automatically activated

life-safety device of

his

own

invention and is

in

the

process of

bringing the

product

Neil

graduated with

Magna Cum

Laude honors, earning a

Bachelor of

Science degree in

Accounting with a

minor in

Busi

The

University of

Maryland University College in

2005.

I

:t

’414t"’6’1 #3

,14i[4’134

Finance and

Accounting: Served as

an

auditor/accountant responsible for

Sarbanes-Oxley implementation &

compliance, small

business audits, reviews and

compilations of

financial statements

for

clients involved in

the

not-for-profit, service,

manufacturing, and

construction industries,

and

valuation for a

regioual

(D.C./Baltimore) firin.

Medical Cannabis System and

Process Consulting and

Design:

Consulted on

the

production and

processing methods of

medical marijuana in

Maryland and

Washington states,

including intrastate

cutting/strain (origin)

procurement

and

cutting/mother plant site

management, nutrient

delivery system design,

process deficiencies

(including, but not

limited to,

lighting, nutrients, soil

composition,

filtration. and

processing. and

curing), lighting,

air

systems. and

temperature management, manufacturing

.processes and

procedures, biological.ontaminants,

medical

cannabis delivery, site and

transportation security and

procedures, and

THC/food product

infusion.

Product Invention,

Design,Manufacture and

Patent Process

Experience:

Invented, designed,

patented, and

manufactured for

testing, an

automatically activated

life-safety device for use in

extreme mountain

sports. The

life-safety device is

currently in

the

testing and

fmal

design phase with plans

for US

manufacture and

worldwide sales.

Website Design and

Management:

Built, owns and

operates two

websites, one

national, the

other

international in

scope and is

responsible for

design and

site

structure (iuformation

archtecture).

Photography: Nationally

andintemationally published photographer with 5

years

extensive experience both

outside of,

and

withiri the

field of

medical marijuana

including, but not

l

ted,to,

documenting origin

processes,strains, crosses with rare

sub-species, growth

anomalies,

biologicalcontamjnants manufacturing

(soil,

hydropoDcs,

aeroponics, sea of

green method, etc.) and

processing. (flowers,

hash, oil,

keif, food

products) techniques, operational systems, organic soil

processes, manufacture

(including origin) and

processing infrastructure,

current use

trends and

nseable product.

Community AffiIiations:

Former Chair of the

Finance Committee on

the

Board of

Directors of a

Maryland based sexual

trauma, tteatment,

advocacy and

recovery center

(2005 -

2008)

Mentored for

The

National Foundation for

Teaching Entrepreneurshp

program in

Baltimore, Maryland

(2006-2008)

Patents: Broten, Neil. 2011.

Wearable, self-deploying fall

arrest device. U.S.

Patent US

2010/0224443 AI,

filed

March 6,

2009, and

issued

November 15,2011.

Markets Served

Manufacturing, Insurance,

Investment Firms, Federal

Sarbanes-Oxley Regulations, Internal Audits &

Controls

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Lawrence Braden, Project

Management Professional, CPA, MBA- Charter Licensing

Sample Project

Management Experience:

..

Served as

Senior

Engagement Director as

the

clients’ interim US

company-wide Sarbanes-Oxley

pro

ect

manager (PMO)

supervising mOre

than 35

external

professionals and

~$3

million budget

responsible for

implementing Year 1

Sarbanes-Oxleycompliance for

US

division of a

multi-billion dollar

public

company client,

inCluding

implementation of

its

Financial Controls Management

solution.

.

Served as

Senior Pro

ect

Manager for

implementing CoreFinance

integrated, powerful and

reliable

international management

reporting tools.

Strategic Market

Research:

.

Earned MBA at

the

top-ranked Anderson

School of

Management at

UCLA with

emphasis in

Strategic Marketing &

Research.

.

Created &

Developed a

first of

kind

web-based industry-wide

strategic informational

resource for

entertainment industry.

.

Applied

consumer-focused research tools &

focus

groups to

pro

ects that

assess

consumer behavior,

industry finance &

growth forecasts.

BUsiness &.

Licensing Experience:

.

Managed the

sale

and/or

acquisition of

numerous restaurant &

bars

throughout Washington state in

compliance with

WSLCB

procedures.

.

Led

the

creation of a

division to

sell

businesses throughout State of

Washington for a

national Teal

estate company to

expand

nationwide.

Audit &.

Compliance Testing:

.

Earned B.s.

Accounting from USC and

Certified Public

Accountant

.

Performed numerous

inventory control audits &

valuations in

a

wide

variety of

industries, including

complex

manufacturing processes.

.

Performed extensive

statistical audits as

Certified Public

Accountant (CPA) to

validate certified

financial statements for

regulatory needs.

.

Nominated to

committee for

performing a

comprehensive Strategic

Performance Review on

international audit for a

$16B public

company.

Sample Federal Project

Management, Implementation,

Compliance &.

Regulatory Experience:

.

Developed federally

compliant industry standard guides to

advise system

documentation, design testing

standards, and

remediation plans.

.

Designed &

performed various

compliance audits such as

OSHA, FCC,

Affirmative Action, GST tax,

payroll tax, and

union

compliance.

.

Designed &

tested federally

mandated Sarbanes-Oxley

regulations into

more than 3

publicly-traded companies in

firsfyear

implementation.

.

Real

Estate &.

Zoning

.

Managing Broker

involved in

numerous business &

commercial real

estate

transactions throughout

Washington state,

including assisting a

ma

or

city in

King

County in

acquiring a

multi-million dollar lot

for a

tax

incentivized re-development

project.

Markets Served

Manufac:turing, Insurance,

Investment Firms, Federal

Sarbanes-Oxley Regulations,

Internal Audits &

Controls

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A. J. Nigl, Ph.D. Market Research & Statistical Consultant

Applied Behavioral Analyst and Cognitive Scientist

Office phone: 760-579-3259 [email protected]

Key Achievements

Identified $45M in additional annual licensing revenue for Microsoft by creating a

modeling algorithm that could be used to match current Windows and Exchange 5MB

customers to potential 5MB customers in the Western Region.

Created a new process of conducting custom research for Universal Music Group which resulted in a total cost savings of over 50% on an annualized basis.

Conducted price elasticity and price sensitivity studies for Universal that established the range of consumer tolerance for purchasing individual songs from on-line music sites.

Conducted the first comprehensive national consumer segmentation study on High Definition TV and Home Entertainment which established the initial targets for

direct marketing campaigns for companies like Sony and Panasonic (results were summarized in front page article ofthe Wall Street Journal).

Formed a consortium of research leaders from all the business units of Vivendi-

Universal to share information and conduct integrated cross-business unit research

to increase efficiency and reduce budgetary expenditures on expensive syndicated studies.

Designed and executed a series of 36 research studies (2007 - 2010) that assisted

Microsoft in determining the innovative technology companies that should receive

marketing assistance and team support to drive increased licensing revenues for

Windows, Exchange, SQL and Share Point.

Professional Experience - Current

2011-present Getth s.tv, Los Angeles, CA

Head of Consumer Research

Design, launch and manage all aspects of complex consumer market research studies involving telephone surveys and/or web-based surveys. Design consumer focus groups to test consumer preferences, likelihood of purchase, GUI factors and likes/dislikes for the GT smart device app and shopping platform

1

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Create forecast models and provide market penetration estimates for the GT entertainment-based shopping platform. Use advanced statistical methods, such as Conjoint Analysis, Segmentation Analysis, Cost Benefits Analysis and Econometrics to provide objectively-derived statistical

support for targeted marketing campaigns, penetration projections and financial models.

2010-2011

Execumetrix.com Austin, TX, San Diego, CA Chief Scientist and Head of Research

Design, launch and manage all aspects of complex B-2-B and B-2-C market research studies involving telephone surveys and/or web-based surveys. Create forecast models and provide market penetration estimates for new products. Use advanced statistical methods, such as Conjoint Analysis, Segmentation Analysis, Cost Benefits Analysis and Econometrics to provide objectively-derived statistical

support for targeted marketing campaigns, penetration projections and financial models.

2003-2010

Revonet, Inc. New Canaan, CT.; Sioux Falls, S.D.; New York, NY. Chief Scientist and Head of Research for this technology sales and marketing company.

Design business-to-business surveys, supervise the collection of data, analyze survey results, develop business forecast models, design targeted sales campaigns and

prepare executive reports for presentation to senior management. . Clients include Microsoft, HP-Compaq and Verizon

Design research studies to help support Microsoft’s U.S. and Global Partner Channel initiatives in areas such as Virtualization and Cloud-computing, Workforce Collaboration, Business Intelligence and Managed Hosting. Conduct comprehensive analyses and profiles of consumer and business customer databases including segmentation and modeling to providing targeting support for lead generation, telemarketing and other direct marketing campaigns

2002 - 2009

Universal Music Group New York, Los Angeles. Senior Market Research Consultant for the Market Research Dept. of the world’s largest music company, a unit of Vivendi-UniversaL

Consult with executives in the overall design, analysis and reporting of all market research conducted by UMG’s research unit including surveys delivered to UMG’s on- line consumer panel, perform quantitative assessment to support focus groups, design and supervise the execution and reporting of national consumer surveys regarding preferences, purchase behavior, and new digital formats, design national

telephone surveys on pricing models, consumer purchase preferences, conjoint analysis clinics to test various pricing models and mall intercept survey on CD

labeling/design/ promotions.. Perform any advanced statistical analyses required -

2

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cluster analysis, regression-based predictive modeling, CHAID, price-demand curve estimations, price elasticity measurement and new business model forecasts. Prepare reports of obtained research results to senior executives of UMG (including President, COO and CFO and senior executives of Vivendi-Universal)

1999-2002

Universal Music Group- eLabs, New York, Los Angeles. Senior Director and Head of Market Research for this key division of the world’s largest music company, a unit of Vivendi-Universal.

Supervised design, execution and conducted final analyses of consumer and specialized research on advanced technology projects including the development of an on-line market research panel, focus groups, one-to-one GUI testing for new technologies digital music formats, national telephone surveys on consumer attitudes and preferences, conjoint analysis clinics and college campus and mall intercept surveys. Interfaced with operations and data collection, statistically analyzed results

.

and wrote the final reports for presentation to upper management Developed market forecasts for new technologies that led to the creation of digital and web-based forms of music distribution and consulted with the RIAA executive committee and RlAA research committee on the revamping of music consumer segmentation models

1995-1999

Polk Verity, a division of The Polk Co., Orange,CAjSouthfield, MI. Director of Advanced Statistics and Research Design for this supplier of marketing databases and custom market research services.

Designed, managed and analyzed custom and syndicated market research projects. Performed advanced statistical analyses. On projects conducted by Polk Verity including cluster and discriminate analyses, multivariate analyses, multiple regression, CHAID, predictive modeling and market analyses. Consulted with other divisions on methodology. Clients included Princess Cruises, Sony, Yamaha, Ford Motor Co., Toyota, Disney, Pioneer Electronics, Kenwood, Bissell, DirecTV; Sam’s Clubs (WaIMart), Bombardier Aircraft, Zenith Electronics, Microsoft, Panasonic, Polygram, MCA Records, Sierra-On- Line, Electronic Arts.

Education

B.S. University of Wisconsin M.A. University of Cincinnati Ph.D. University of Cincinnati

Faculty Appointments . University of Cincinnati Medical School

University of Cincinnati Graduate School of Arts & Sciences

3

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Medical College of Wisconsin - Marquette University San Diego State University -Graduate School of Public Health

University of Wisconsin-Milwaukee

UCLA Medical School - Neurosciences Dept.

Publications

5 books (inc!. 4 textbooks); 7 textbook chapters/sections Over 100 scientific papers, research monographs and abstracts

Professional Associations

American Association for the Advancement of Science

. New York Academy of Sciences

Professional Skills and Demonstrated Expertise Predictive Modeling and Business Forecasts (consumer adoption and potential revenue estimates) Consumer Market Segmentation Studies

Conjoint Analysis studies

Statistical Meta-Analysis .. Econometric Analysis and Forecasts

Price Elasticity and Price Sensitivity studies . Database Profiling and Modeling

Consumer Usage and Product Consumption Modeling and Projective Forecasts . Market Size Statistics and Modeling

4

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Letter of Submittal

Email submittal to [email protected]

Subject: RFP-K430, Charter Licensing Group, LLC

Mr. John Farley

Procurement Coordinator

Washington State Liquor Control Board

Olympia, WA

Dear Washington State Liquor Control Board:

Enclosed please find Charter Licensing Group’s Offer in response to Request for Proposal RFP-K430 issued by the Washington State Liquor Control Board (WSLCB). Our proposal is intended primarily to

respond to all four categories, although we would greatly appreciate being considered for each individual

category if we are not awarded the entire project. We concentrated our efforts in providing you with a

comprehensive proposal that will help you evaluate our offer effectively and efficiently.

Charter Licensing Group (CLG) is an Office of Minority and Women’s Business Enterprise applicant that is uniquely positioned to assist the WSLCB and the State of Washington in this important endeavor. The breadth and depth of our team is comprised of product and industry knowledge leaders within the State of

Washington (Local Industry Knowledge), business expertise including implementation of federal and state

regulations into businesses, certified project management professional (PMP Expertise), legal expertise, transferable liquor licensing experience with WSLCB, financial expertise, public relations, real estate and

zoning expertise, and more.

We are pleased to have the opportunity to bid on this important solicitation and look forward to the

opportunity to serve the WSCLB and State of Washington. If you require additional information please feel free to contact Lisa Li at 206-604-6544 or at (206) 604-6544.

Very truly yours,

Lisa Li, Managing Director of Charter Licensing Group, a Washington State LLC

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Stocker. Marlie

From:

Posted At:

Conversation:

[email protected] Friday, February 15, 2013 1:57 PM

RFP - K430, Charter Licensing Group LLC

Subject: RFP - K430, Charter Licensing Group LLC

Attached are the following:

I. Proposer’s Authorized Offer

2. Proposer hlfonnation

3. Subcontractor fuformation

4. Letter of Submittal

5. Non-Cost Proposal (see page 6)

6. Cost Proposal (see page 8)

1

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Lisa Li

-

Charter Licensing Group LLC

Lisa Li

has 18

years of

managing teams. Lisa

began her

career

managing purchasing and

licensing teams at

Intel for c

California, Oregon,

Washington, Israel and

Malaysia. From Intel, Lisa

took

ownership of a

San

Francisco printing

bouti

landed and

grew

multi-million, multi-year marketing

contracts with

Nike and HP to

design, produce and

manage graphi

and

event

initiatives. Usa

built and

managed a

network of

subcontractors, vendors and 49

employees. After selling Di

Charter Business Brokers based in

Seattle. Lisa

then

started Charter Licensing Group LLC to

provide businesses

with a

manage growth of

new

services. Lisa

graduated from

Brown

University with a

major in

East

Asian

history, an

MBA an

Vendor

Management Issued RFPs,

reviewed proposals,

selected and

managed vendors to

develop software tools to

track and

analyze customer behavior. Designed and

managed

Statements of

Work for

industry events as

well as

customer events in

Silicon Valley and San

Francisco. Developed

events to

bring Nike

sponsored athletes to

the

twenty-four flagship Nike stores from

Hawaii to

New York. Built a

network of

schools, local

governments and

retailers to

invite children to

discover old

sneakers

that were

then

recycled to

build

outdoor sporting surfaces fund

construction of

outdoor sporting surface to

includemetrics to

track

progress and to

ensure

deliverables met

agreed Drafted

procurement contracts,

development agreements and

licensing contracts.

Product Development

Published proprietary

software to

protect client

confidential data and

workflow. Tracked oruine client

revisions and

multi_level approvals to

graphics and

copy

created by

Digital Pond.

Provided internal

production teams and

external client teams with a

transparent job

flow.

Built 27

branded, secure

websites to

track over

100,000 client

comments for

over30,000 graphic

layou.ts.

Maintained image and

design libraries for 297 HP

shows, Siebel User Weeks, Nike

iuitiatives and

in-store

and

in-store signage packs

for 74

direct Nike stores and 30

indirect Nike

retailers.

Marketing Programs to

Track

Consumer Behavior

Professional Af

Iliations

Admitted to

the

California B

,

.1995

C

-

President of

Brown Club of

Washington

..__I__.L_ _____-’

Markets Served

Manufacturing, IT,

Marketing Programs to

Stakeholders from

suppliers to ,

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Nell E.

Broten -

Charter Licensing Group

Finance and

Accounting: Served as

anauditor/accountant responsible for

Sarbanes-Oxleyimplementation &

compliance, small

business aud,its; reviews and

compilations of

financial statements

for

clients involved in

the

not-forcprofit, service,

manufacturing, and

construction industries,

and

valuation for a

regional

(D.C./Baltimore) finn.

Medical.Cannabis System and

Process Consulting and

Design:

Consulted on

the

production and

processing methods of

medical marijuana in

Maryland and

Washington states,

including intrastate

cutting/strain (origin)

procurement

andcutting/mother plant

sitemauagement, nutrient

delivery system design,

process deficiencies

(including, but not

limited to,

lighting, nutrients, soil

composition,

filtration and

processing and

curing), lighting, air

systems and

temperature mauagement, manufacturing

processes and

procedures, biological

contaminants, medical

canuabis delivery, site

and

transportation security and

procedures, and

THClfood product

infusion.

Product Invention, Design,

Mallufactnre and

Patent Process

Experience:

Invented, designed,

patented, and

manufactured for

testing, an

automatically activated

life-safety device for use in

extreme mountain sports. The

life~safety device is

currently in

the

testing and

final design

phase with plans

for US

manufacture and

worldwide sales.

Website Design.

and

Management:

Built, owns and

operates two

websites, one

national, the

other

international in

scope and is

responsible for

design and

site

structure (infonnation

architecture).

Photography: Natiollally and

internationally published photographer

with 5

years

extensive experience both

outside of,

and

within the

field of

medical marijuaua

including, but not

limited to,

documenting origin

processes, strains, crosses with rare

sub.;species, growth

anomalies,. biologicalcont

ants

manufacturing (soil,hydroponics,

aeropolics,.sea of

green method, etc.) and

processing (flowers,

hash, oil,

keif, food

products) techniques, operational systems, organic soil

processes, manufacture

(including origin) and

processing infrastructure,

current use

trends and

useable product.

ConiTIlunity Af

iliations:

Fonner Chair of the

Finance Committee on

the

Board

ofDirectors of a

Maryland based sexual

trauma, treawent,

advocacy and

recovery center

(2005 ~2008)

Mentored for

The

Natiollal Foundation for

Teaching

Entrepreneurship program in

Baltimore, Maryland

(2006-2008)

Patents: Broten, Neil. 2011.

Wearable, self-deploying fall

arrest device. U.S.

Patent US

2010/0224443 AI,

filed March 6,

2009, and

iSSl,led

November 15,2011.

Markets Served

Manufacturing, Insurance,

Investment Firms, Federal

Sarbanes-Oxley Regulations,

Internal Audits &

Controls

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Lawrence Braden, Project

Management Professional, CPA, MBA- Charter Licensing

Sample Project

.ManagementExperience: .

Served as

Senior

Engagement Director as

the

clients’ interim US

company-wide Sarbanes-Oxley

project manager

(PMO)

supervising more

than 35

external

professionals and

~$3

million budget

responsible for

implementing Year 1

Sarbanes-Oxley compliance for

US

division of a

multi-billion. dollar

public company client,

including

implementation of

its

Financial Controls Management

solution.

.

Served as

Senior Project Manager for

implementing CoreFinance

integrated, powerful and

reliable

international management

reporting tools.

Strategic Market Research:

.

Earned MBA at

the

top-ranked Anderson School of

Management at

UCI.J\ with

emphasis in

Strategic Marketing &

Research.

.

Created &

Developed a

first of

kind web

"based

.industry-wide strategic

informational resource for

entertainment industry.

.

Applied

consumer-focused research tools &

focus groups to

projects that assess

consumer behavior,

industry finance &

growth forecasts.

Business &

Licensing Experience:

.

Managed the

sale

and/or

acquisition of

numerous restaurant &

bars

throughoutWashington state in

compliance with

WSLCB

procedures.

.

Led

the

creation of a

division to

sell

businesses throughout State of

Washington for a

national real

estate

company to

expand

nationwide.

Audi

8r.Compliance Testing:

.

Earned B.S.

Accounting from USC and

Certified Public

Accountant

.

Performed numerOus

inventory control audits &

valuations in

a

wide

variety of

industries, including

complex

manufacturing processes.

.

Performed extensive

statistical audits as

Certified Public

Accountant (CPA) to

validate certified

financial statements for

regulatory needs.

.

Nominated to

committee for

performing a

comprehensive Strategic

Performance Review on

international audit for a

$16B public

company.

Sample Federal Project

Management, Implementation,

Compliance &

Regulatory Experience:

.

Developed federally

compliant industry standard

guides to

advise system

documentatiOn, design testing standards, and

remediation plans.

.

Designed &

performed various

compliance auditssuch as

OSHA, FCC,

Affirmative Action,

GSTtax,payroll tax, and

union

compliance.

.

Designed &

tested federally

mandated Sarbanes-Oxley

regulations into

more than 3

publicly-traded companies in

first year

implementation.

Real Estate &

Zoning

.

Managing Brokr

involved in

numerous business &

commercial real

estate

transactions

throughoutWashington state,including

assisting a

major city in

King

County in

acquiring a

multicmillion dollar lot

for a

tax

incentivized re-development

project.

Markets Served

Manufacturing, Insurance,

Investment Firms, Federal

Sarbanes.Oxley Regulations, Internal

Audits 8r.

Controls

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A. J. Nigl, Ph.D. Market Research & Statistical Consultant

Applied Behavioral Analyst and Cognitive Scientist Office phone: 760-579-3259 [email protected]

Key Achievements

Identified $45M in additional annual licensing revenue for Microsoft by creating a

modeling algorithm that could be used to match current Windows and Exchange 5MB

customers to potential 5MB customers in the Western Region.

Created a new process of conducting custom research for Universal Music Group which resulted in a total cost savings of over 50% on an annualized basis.

Conducted price elasticity and price sensitivity studies for Universal that established the range of consumer tolerance for purchasing individual songs from on-line music

sites.

Conducted the first comprehensive national consumer segmentation study on High Definition TV and Home Entertainment which established the initial targets for

direct marketing campaigns for companies like Sony and Panasonic (results were summarized in front page article of the Wall Street Journal).

Formed a consortium of research leaders from all the business units of Vivendi-

Universal to share information and conduct integrated cross-business unit research

to increase efficiency and reduce budgetary expenditures on expensive syndicated studies.

Designed and executed a series of 36 research studies (2007 - 2010) that assisted Microsoft in determining the innovative technology companies that should receive

marketing assistance and team support to drive increased licensing revenues for

Windows, Exchange, SQL and Share Point.

Professional Experience - Current

2011- present

Getthis.tv, Los Angeles, CA Head of Consumer Research

Design, launch and manage all aspects of complex consumer market research studies involving telephone surveys and/or web-based surveys. Design consumer focus groups to test consumer preferences, likelihood of purchase, GUI factors and likes/dislikes for the GT smart device app and shopping platform

1

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Create forecast models and provid market penetration estimates for the GT entertainment-based shopping platform. Use advanced statistical methods, such as Conjoint Analysis, Segmentation Analysis, Cost Benefits Analysis and Econometrics to provide objectively-derived statistical

support for targeted marketing campaigns, penetration projections and financial models.

2010-2011

Execumetrix.com Austin, TX, San Diego, CA Chief Scientist and Head of Research

Design, launch and manage all aspects of complex B-2-B and B-2-C market research studies involving telephone surveys and/or web-based surveys. Create forecast models and provide market penetration estimates for new products. Useadvanced statistical methods, such as Conjoint Analysis, Segmentation Analysis, Cost Benefits Analysis and Econometrics to provide objectively-derived statistical

support for targeted marketing campaigns, penetration projections and financial models.

2003-2010

Revonet, Inc. New Canaan, CT.; Sioux Falls, S.D.; New York, NY. Chief Scientist and Head of Research for this technology sales and marketing company.

Design business-to-business surveys, supervise the collection of data, analyze survey results, develop business forecast models, design targeted sales campaigns and

prepare executive reports for presentation to senior management. . Clients include Microsoft, HP:Compaq and Verizon

Design research studies to help support Microsoft’s U.S. and Global Partner Channel initiatives in areas such as Virtualization and Cloud-computing, Workforce Collaboration, Business Intelligence and Managed Hosting. Conduct comprehensive analyses and profiles of consumer and business customer databases including segmentation and modeling to providing targeting support for lead generation, telemarketing and other direct marketing campaigns

2002 - 2009

Universal Music Group New York, Los Angeles. Senior Marlmt Research Consultant for the Market Research Dept. of the world’s largest music company, a unit ofVivendi-UniversaJ.

Consult with executives in the overall design, analysis and reporting of all market research conducted by UMG’s research unit including surveys delivered to UMG’s on- line consumer panel, perform quantitative assessment to support focus groups, design and supervise the execution and reporting of national consumer surveys regarding preferences, purchase behavior, and new digital formats, design national telephone surveys on pricing models, consumer purchase preferences, conjoint analysis clinics to test various pricing models and mall intercept survey on CD

labeling/design/ promotions.. Perform any advanced statistical analyses required -

2

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cluster analysis, regression-based predictive modeling, CHAID, price-demand curve estimations, price elasticity measurement and new business model forecasts.

Prepare reports of obtained research results to senior executives of UMG (including President, COO and CFO and senior executives of Vivendi-Universal)

1999-2002

Universal Music Group- eLabs, New York, Los Angeles. Senior Director and Head of Market Research for this key division ofthe world’s largest music company, a unit of Vivendi-Universal

Supervised design, execution and conducted final analyses of consumer and

specialized research on advanced technology projects including the development of an on-line market research panel, focus groups, one-to-one GUI testing for new technologies digital music formats, national telephone surveys on consumer attitudes and preferences, conjoint analysis clinics and college campus and mall intercept surveys. Interfaced with operations and data collection, statistically analyzed results and wrote the final reports for presentation to upper management

Developed market forecasts for new technologies that led to the creation of digital and web-based forms of music distribution and consulted with the RIAA executive

committee and RIAA research committee on the revamping of music consumer segmentation models

1995-1999

Polle Verity, a division o/The Polk Co., Orange,CAjSouthfield, MI. Director of Advanced Statistics and Research Design for this supplier of marketing databases and custom market research services.

Designed, managed and analyzed custom and syndicated market research projects. Performed advanced statistical analyses. On projects conducted by Polk Verity including cluster and discriminate analyses, multivariate analyses, multiple regression, CHAID, predictive modeling and market analyses. Consulted with other divisions on methodology. Clients included Princess Cruises, Sony, Yamaha, Ford Motor Co., Toyota, Disney, Pioneer Electronics, Kenwood, Bissell, DirecTV; Sam’s Clubs (WaIMart), Bombardier Aircraft, Zenith Electronics, Microsoft, Panasonic, Polygram, MCA Records, Sierra-On- Line, Electronic Arts.

Education

B.S. University of Wisconsin M.A. University of Cincinnati Ph.D. University of Cincinnati

Faculty Appointments .. University of Cincinnati Medical School

University of Cincinnati Graduate School of Arts & Sciences

3

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Medical College of Wisconsin - Marquette University San Diego State University -Graduate School of Public Health . University of Wisconsin-Milwaukee

UCLA Medical School - Neurosciences Dept.

Publications

5 books (incl4 textbooks); 7 textbook chapters/sections Over 100 scientific papers, research monographs and abstracts

Professional Associations

American Association for the Advancement of Science

. New York Academy of Sciences

Professional Skills and Demonstrated Expertise Predictive Modeling and Business Forecasts (consumer adoption and potential revenue estiITlates) Consumer Market Segmentation Studies

. Conjoint Analysis studies

Statistical Meta-Analysis Econometric Analysis and Forecasts Price Elasticity and Price Sensitivity studies Database Profiling and Modeling Consumer Usage and Product Consumption Modeling and Projective Forecasts Market Size Statistics and Modeling

4

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Category 4 - Product Regulation

Ability, Capacity, and Skills

Experience with State, local or Federal government processes and procedures

Our team is deeply experienced in implementing government processes and procedures into businesses

at Federal, state, and local level. Lawrence re-commenced management consulting work in

implementing the first year of complex federal Sarbanes-Oxley regulations into locally-based Fisher

Communications, Mikron Vinyl, and T-Mobile where he was senior project manager for more than 35

independent consultants; Lawrence continued management consulting for World-Class Finance division of BearingPoint where he implemented CoreFinance worldwide financial reporting standards for

Microsoft: Since 2009, Lawrence created one of the largest market leading business brokerage firms in the State of Washington where he often works with liquor licensee clients engaged with WSLCB. Our

team already has access to comprehensive design and implementation requirement s of fully integrated end-to-end hardware and software systems that may fully control, monitor, and report on each stage of

marijuana production and fulfillment from seeds through each stage of production and distribution, as well as fulfillment to the end-consumer.

a. Experience in crafting system regulations

1-502 requires implementation of a tightly regulated and licensed system by December 1, 2013. To assist in design, test and deployment of a fully integrated software and control systems from Producer to Processor to Retailer, we would start parallel tracks of legal and technical development. Objective evaluation of Producer, Processor and Retailer qualifications to perform is not enough. We would bring

legal expertise experienced in day-to-day issues of producing, processing and selling marijuana in the

unregulated market to give insight as we balance of avoiding illegal purposes, such as unlawful

discrimination or identity theft or violation of privacy, and potential risks to safety and security of

individuals, institutions and communities.

Timely implementation of an end-to-end fully integrated hardware and software control systems

supported by well designed internal control is essential to monitoring and controlling this new highly

fragmented and geographically dispersed cottage industry.

An all inclusive cheat proof system is essential. The full system must prevent hacking, encryption,

tracking, but also provide transparency, product and inventory tracking, compliant with department of revenue. The transfer of responsibility from the WA state agricultural to WSLCB is moving from

entitlement planning and is primarily for taxing and control purposes. Such a transparent system should include but not limited to:

);> Business owners and department of revenue shall receive transaction management reports );> Each transaction step must be defined,

);> Department of Revenue accessibility.

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)> Preventing employee theft by tracking all inventories from weigh-in to weigh-out using the

same scale and methodologies.

)> Physical surveillance, including access by local policing and taxing authorities.

)> Facility guidelines integrating production with retail.

)> Inventory control systems that verify that all incoming inventory isJully accounted for either

through fulfillment or authorized disposal processes.

)> Off-site IT Management - integrated 24/7 IT tech service.

Members on our team developed Dispensary Asset Management (DAM) to provide a transparent,

tracking system of product in medical marijuana dispensaries. Components of DAM include:

)> Client Workstation

)> Standardized Monitors and hardware - increase timely and effectiveness in training. )> Thermal printer and cash drawer

)> Credit Card Reader

)> Bar-code scanner on item/gram basis.

)> label writer - internal control mechanism to match product with fulfillment from

production to vendor to packaging to retail out the door.

)> All dispensaries are classified and categorized

)> Inventory control reconciliations to match incoming with outgoing product is performed

weekly.

)> Same hardware is installed on production and retail.

)> All pas systems and transactions must be batched daily.

)> In-store ATMs.

)> Software can integrate up to a thousand vendors

)> Privacy and HIPAA compliant customer

)> Scale is an NTAP ("AND" certified trade scale) that is calibrated daily. )> Equipment financing plans.

)> Merchant service process integration

)> Integrated loyalty and gift card programs

)> Production and retail systems have standardized elements.

)> Platform Production system and management reports includes locations, trimmers, product

strains, phases, equipment, labor hours, processing categories for 8 weeks harvest cycle

such as:

a Phase 1- Construction - Equipment, labor, and Calibration

a Phase II - Cultivation Processing by sub-category: . Hanging plants

. Bagging strains

. Stringing lines up to 25 branches per line.

a Phase 111- labor and crew:

. trim-cure wet - 7-10 days in perfectly controlled environment.

. cure dry groomed

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o Phase IV - Transplant - Can take 1-2 days. . Plants/Strains

. New Soil

. Nutrients

o Phase V - Marketing & Production Adjustments - used to certify vendor

agreements

. Certifying co-ops - certifying retail outlet expectations weekly. Confirmed order counts to ensure just in-time delivery that reduces inventory control and physical security.

. Equipment adjustments

. Seasonal adjustments

o Phase VI- Product Breakdown

. Product elements include Kief, Premium Flowers (Cannabis Buds), nimbs &

jibs, plant materials, trim leaf scraps for extracts-oils-butter, roots & stems

including liquor and gelatin extracts for Cannabis-infused alcohol.

We propose to’create a DAM to implement 1-502 and integrate compliance product regulation with state and local zoning regulations. Although 1.7 million people in Washington State voted for 1-502. Seattle mayor Mike McGinn stated recently "our fledgling cannabis industry has some serious zoning problems -the number of places a retail shop could open are few and far between (due mostly to the state’s rules, not the city’s). According to a map produced in January by the Seattle’s department of

planning and development, the largest swath of land available for retail pot shops in in industrial lands including Boeing Field.

As written, 1-502 bans marijuana retail storefronts within 1,000 feet of certain properties, including parks, schools, arcades, libraries, community centers, and public transit centers. Cities also must

propose their own restrictions on where Marijuana outlets can open (such as banning them on blocks zones strictly for single-family houses). When you overlay state and city restrictions, there is almost no place in Seattle as an example to set up a retail cannabis store. The law states that financial transactions must occur inside licensed retail outlets, but compliant locations may also likely be in security sensitive areas. As a result, our team expertise in business compliance with real estate zoning laws is essential for

designing a methodology for the State of Washington to build a safe, transparent, secure, and zoning location compliant industry.

Most loyalty cards use simple bar-code technology. A new generation of acrylic loyalty cards with QR codes can better inform consumer habits, inventory control, integrate database, and save 30% of labor costs for the state due to real-time (won’t break, are designed to last a year to track buying and usage habits. In one month, one location could save$30,000 of labor costs. This information provides real- time information

The best way to monitor regulation of usage, especially across multiple locations is to have loyalty cards that track and aggregate customer purchase. WSLCB may wish to consider restricting purchases to an

.

ounce per day

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Experience

Our team is deeply experienced at operating legally in the medical marijuana industry within the State of

Washington. Our proposer authorized represented has a law degree and passed the California state bar

exam. Additionally, our team has implemented first-year Sarbanes-Oxley complex federal government

regulations within more than 3 local publicly traded companies, implemented complex state insurance

regulations in health and life insurance companies, and have worked on approval of numerous liquor license applications with the WSLCB that involved the sale of local businesses and their compliance with

state and local regulations.

Staff Qualifications and Capabilities.

Lisa Li, JD {Authorized Representative} earned her Bachelor’s degree at Brown University before

earning her MBA and JD at University of California - Davis. At Intel, Lisa managed software

procurement and licensing Intel code to game developers to prepare the market for the next

generation processors. From I ntel, Lisa took a San Francisco print start-up to an $SM business

employing 50 employees providing event, in-store and trade show creative and marketing services to Nike and Hewlett Packard. After selling her business, Lisa returned to Mercer Island to raise children

where she grew up. In Seattle, Lisa brokers the sale of small businesses as management team of

Charter Business Brokers, I(W, Inc.

Lawrence Braden {Project Management Professional} earned his Bachelor’s degree in Accounting at

University of Southern California before earning his Masters in Business Administration at the

Anderson School of Management at University of California - Los Angeles. Lawrence earned his

Certified Public Accountant (CPA) license working with the Big-4 at Deloitte & Touche where he

completed considerable inventory control and financial compliance work throughout many diverse

industries prior to joining Time Warner Internal Audit where he also performed a wide variety of

process, compliance, and forensic audits throughout the United States, Asia, Canada, and South

Africa. Lawrence joined the Dispute Analysis & Investigation team of Financial Advisory Services

division for PricewaterhouseCoopers LLP after earning his MBA and subsequently recruited by Universal Music Group eLabs online music strategy group to help develop and implement product

regulation and finance standards for the new emerging online music direct to consumer industry. Lawrence was recruited by Vulcan {Paul Allen’s Investment Company} to be its Controller and Director

of Finance. In 2004, Lawrence re-commenced management consulting work in implementing the first

year of complex federal Sarbanes-Oxley regulations into locally-based Fisher Communications, Mikron

Vinyl, and T-Mobile where he was senior project manager for more than 35 independent consultants.

Lawrence continued management consulting for World-Class Finance division of BearingPoint where

he implemented CoreFinance worldwide financial reporting standards for Microsoft. Since 2009, Lawrence created one of the largest market leading business brokerage firms in the State .of

Washington where he often worlls with liquor licensee clients engaged with WSLCB.

Approach and Methodology

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Our approach and methodology in assisting WSLCB with developing rules and regulation systems are as

follows:

We have given lengthy consideration to processes we would follow to complete this effort. From

requirements in RFP-K430, we developed a preliminary work plan. With discussion and input from WALCB either prior to or following award, as per procurement practices, we will refine this primary work

plan. For example, we may propose exploring the efficacy and benefits of recognizing and defining a 4th

tier of commerce event at the origin of production that starts when clones are taken from "a mother

plant." Proactive regulation of a commercial marijuana market to avoid costs incurred when marijuana is criminalized while balancing the opportunity to increase tax revenues with the risk of supporting black

markets.

To establish market control/stability; influence product quality and present a regulatory framework

designed to provide (1) velocity in launching Initiative 502’s framework and (2) maximize market and

state revenue generation while evidencing a focus on compliance/regulatory responsibility and quality. The State in furtherance of the above objective - has requested proposals for consulting services in 4

distinct categories for which relevant experience, education, market knowledge and overall value are

summarized in this Executive Summary section and further detailed below within the proposal based on

the State’s communicated requirements.

This discussion is organized around the major activities and deliverables the WSLCB has defined in the

Scope of Work.

Prior to initiating work on these activities and deliverables, and during the first week of the engagement, we will work with the WSLCB to finalize and refine scope, confirm source documents and data that will

need to be reviewed, schedule individuals and groups who will need to be interviewed, confirm

appropriateness of data collection instruments and forecasting templates, confirm level of detail of

planned products and format of delivery, and establish shared expectations between the WSLCB and our team so that we are in the best position at start to meet your expectations and the WSLCB’s needs. Also, we will set up the process of project management, including tracking of progress and status reporting, and WSLCB oversight.

COST PROPOSAL

Due to our collective need to be timely and responsive to rapiqly changing requirements in this newly

emerging industry, we have focused our cost proposal on a not-to-exceed hourly rate so that we may

easily either accelerate or decelerate our activities as necessary. The following is a summary of our

cost approval considering the following assumptions:

>- The not-to-exceed hourly rate represents a "blended"-average rate amongst various

professionals earning anywhere from minimum wage to up to $400 per hour for attorneys

and/or specific subject matter expert work.

>- Our travel policy assumes our RFP will pay for time of our internal or sub-contractor

consultants on the outbound trip, but our consultants are responsible for time to return.

>- Our proposal excludes any necessary travel costs from our CA based sub-contractors for

Category 2 and Category 3.

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Phase 1 - Design 219,000 2

. Phase 2 - Consult 80,000

Sub-Total- Category 3 $ 299,000

Category 4 - Product

Regulation

Phase 1 - Design $ 383,250 4

Phase 2 - Consult $ 140,000 2

Sub-Total - Category 4 $ .523,250

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letter of Submittal

Email submittal to [email protected]

Subject: RFP-K430, Charter Licensing Group, LLC

Mr. John Farley

Procurement Coordinator

Washington State Liquor Control Board

Olympia, WA

Dear Washington State Liquor Control Board:

Enclosed please find Charter Licensing Group’s Offer in response to Request for Proposal RFP-K430 issued by the Washington State Liquor Control Board (WSLCB). Our proposal is intended primarily to

respond to ill! four categories. although we would greatly appreciate being considered for each individual

category if we are not awarded the entire project. We concentrated our efforts in providing you with a

comprehensive proposal that will help you evaluate our offer effectively and efficiently.

Charter Licensing Group (CLG) is an Office of Minority and Women’s Business Enterprise applicant that is uniquely positioned to assist the WSLCB and the State of Washington in this important endeavor. The breadth and depth of our team is comprised of product and industry knowledge leaders within the State of

Washington (Local Industry Knowledge), business expertise including implementation of federal and state

regulations into businesses. certified project management professional (PMP Expertise), legal expertise. transferable liquor licensing experience with WSLCB, financial expertise, public relations, real estate and

zoning expertise. and more.

We are pleased to have the opportunity to bid on this important solicitation and look forward to the

opportunity to serve the WSCLB and State of Washington. If you require additional information please feel free to contact Lisa Li at 206-604-6544 or at (206) 604-6544.

Very truly yours.

Lisa Li, Managing Director of Charter Licensing Group, a Washington State LLC

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1.1 ABILITY, CAPACITY AND SKILLS

How Marijuana and/or Agricultural products are grown, cultivated, harvested, cured, and processed Since 2009, our industry partner has consulted on custom design, construction of build-outs and remodels, delivery of complete POD systems, services crews for hire to monitoring grow cycles, cultivation and harvesting..

Our partners have given classes on cannabis horticulture such as "How to Set Up a Grow Operation" that have included equipment options, nutrient system design, growing environments that include

temperature and humidity, ventilation, dehumidification, watering), equipment options, planting media, organic fertilizers, pesticides, pruning, physical security, harvesting and curing.

Our partner consults with American Viticultural Areas, or AVAs,which are geographical wine grape growing regions in the United States, to leverage grow, harvest, cure and process methods to yield, various levels ofTHC explore the opportunity to coordinate our activities. Their boundaries are defined by the Alcohol and Tobacco Tax and Trade Bureau (TIB) and were established at the request of wineries or other petitioners. Washington State currently has 13 AVAs.

How Cannabis is infused into food and beverages

Our partner has experience and knowledge of the intricate process oftaking a non-Cannabis substance and infusing it with some type of Cannabis by-product to create a new delivery system. Hash for example has both hot water and cold water extracting processes. Oils are processed by using a butane

distilling process. The purest form of extract is Keif that is produced before a harvestable plants is cu Itivated.

Our partner can offer introduction and advanced education classes on the process of infusion for

alternative medical delivery systems, and on the pros and cons of different consumption methods. Cannabis extracts include wax, hash, sheef, shatter, teachers, glycerin, butter, vegetable oil, granola oil, keif paste, syrup based drinks, seltzers, and alcohol infused products.

How Marijuana should be packaged, labeled, transported, and sold at retail level

Our team has knowledge and experience utilizing the typical packaging methods of medical cannabis: 1) pharmaceutical grade plastics "poly ethalene", 2) "poly eurethane medical grade bottles, and 3) scientific goldstein glass that seals with both spring board or rubber seals.

Our team has the" dispensary experience" to draw upon. Members of our team have set-up and

managed numerous dispensaries meeting the current medical Cannabis guidelines. There are typically four roles in a dispensary transaction: 1) the Manager who deals with vendors and outside medicinal products, 2) the Bud tender who describes current inventory that best meets the needs of the patients, 3) an Assistant who is HIPAA compliant, validates patient identification and compliance, and ensures product testing and labeling, and 4) Security personnel.

Development of the Internet has challenged alternatives to the traditional 3-tier distribution system. Our team has first- hand knowledge of the current delivery system that is available to those individual

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who are not able to visit a dispensary in person and could describe the current vehicle delivery system that is available via the internet. To follow 1-502 tied-house restrictions and prevent online retailers

from selling both to Wholesale Retailers and to Customers, we will recommend methods of governance and regulation to limit sales only to incur in state-licensed retail stores. To ignore the medical cannabis market dynamics is to recommend recreational cannabis market regulation that will merely delay scrutiny of the intersection of state health, safety and welfare and economies ofthe Internet. We offer an experience-based understanding of cannabis distribution under current Internet economies.

How wholesale and retail Product should be recalled and accounted for

It is essential that all retail product be uniquely labeled with bar codes throughout each stage of the

supply chain to identify the weight, grower, processor, strands, THC potency, and other ingredients at minimum. Our team members have first-hand experience on the challenges of managing inventory. Members have implemented software programs at the Dispensary level that aid in the control of

inventory. Theft is an issue that has to be dealt with by Producer and Dispensary Management both at the staffing and retail level. Current medical marijuana distribution is now corrected through Dispensary Asset Management System (DAMS) that captures full transparency in tracking inventory from production through its ultimate disposition. To create a functioning commercial cannabis market and taxation for recreational use, we will regulation to establish full transparency in tracking inventory from seed to production to processing to sale.

To ensure the safety and quality of product before it is made available at the retail level, we propose strict certification and testing of seeds, production and processing at each stage before the product reaches the customer.

.

Our goal is to destroy cannabis as soon as it falls out of compliance instead of

recalling and destroying product after it is available to the customer.

How Madjuana should be destroyed if overproduced. contaminated. or recalled

Our team members can speak to the process of destroying contaminated product as soon as possible to avoid cross-contamination of fungus, pests and inferior product. The goal is to minimize the expense of

producing or packaging contaminated product. Currently each grower has their own means of disposal, however, in order to reduce the risk of the spread of fungus or pest most pro uct is disposed of at transfer stations along with household garbage.

To help maximize inventory and product control while minimizing inventory and tax revenue shrinkage, we would propose a centralizing a certified independently operated marijuana destruction facility.

1.2 EXPERIENCE

Travis Nyman graduated from the University of Washington in 2004 with a concentration in corporate

development and business acquisitions. Travis has a diverse working knowledge of the Medical Cannabis

industry. His expertise includes establishing and operating MMJ Dispensaries and Recommendation

Clinics. He has designed Cannabis grow environments for MMJ Collective Gardens. He has first-hand

knowledge of all aspects of cultivation, harvesting, THC product manufacturing and vending. His

research and understanding of the c.urrent laws and regulations and operating environments for Medical Cannabis will help the State of Washington traverse a very complicated and sensitive subject matter.

His knowledge will be instrumental in helping the State develop their action plan for implementation of

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the new legislation for Recreational Cannabis.

Team Structure and Internal Controls

Lisa Li, JD is designated as our proposed authorized representative (single point of contact) for our

proposed contracted relationship with the Washington State Liquor Control Board (WSLCB). Lisa will be

supported primarily by Lawrence Braden as the Project Management Professional (PMP) responsible for

coordinating all internal Charter Licensing Group and sub-contracted activities with external subject- matter expert (SME) vendors. Our primary SME for Category 1- Product and Industry Knowledge is Travis Nyman, CEO Evolution Design Concepts who brings extensive knowledge from creating, building, and owning many business enteprises throughout the Medical Marijuana Industry.

Our work will be controlled through use of a Microsoft Project plan that will be submitted for review and

approval by the designated WSLCB project manager with defined milestones, deliverables, and

deadlines. The scope of our work will be clearly defined within our mutually agreed upon Statement of

Work ("SOW") to be completed within 10 days of contract award. Our primary objective is to complete our mutually agreend upon deliverables and milestones on time and on budget. Any findings or

recommendations that are deemed out of scope of our SOW will be accumulated and subject to further

proposal such as when we move from Design phase to Implementation phase.

Staff Qualifications and Capabilities.

Travis Nyman, CEO Evolution Design Concepts, graduated from the University of Washington in 2004 with a concentration in corporate development and business acquisitions. Travis has a diverse working knowledge of the Medical Cannabis industry. His expertise includes establishing and operating MMJ Dispensaries and Recommendation Clinics. He has designed Cannabis grow environments for MMJ Collective Gardens. He has first-hand knowledge of all aspects of cultivation, harvesting, THC product manufacturing and vending. His research and understanding of the current law s and regulations and

operating environments for Medical Cannabis will help the State of Washington traverse a very complicated and sensitive subject matter. His knowledge will be instrumental in helping the State

develop their action plan for implementation of the new legislation for Recreational Use.

Lawrence Braden (Project Management Professional) earned his Bachelor’s degree in Accounting at

University of Southern California before earning his Masters in Business Administration at the Anderson

School of Management at University of California - Los Angeles. Lawrence earned his Certified Public

Accountant (CPA) license working with the Big-4 at Deloitte & Touche where he completed considerable

inventory control and financial compliance work throughout many diverse industries prior to joining Time Warner Internal Audit where he also performed a wide variety of process, compliance, and

forensic audits throughout the United States, Asia, Canada, and South Africa. Lawrence joined the

Dispute Analysis & Investigation team of Financial Advisory Services division for

PricewaterhouseCoopers LLP after earning his MBA and subsequently recruited by Universal Music

Group eLabs online music strategy group to help develop and implement product regulation and finance

standards for the new emerging online music direct to consumer industry. Lawrence was recruited by Vulcan (Paul Allen’s Investment Company) to be its Controller and Director of Finance.

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Category 2 Product Quality Standards and Testing

Ability. Capacity. and Skills

In February 12, 2012, Los Angeles Times described the current state of testing marijuana as "Testing pot in a legal vacuum" created by the lack of Federal or state regulation of marijuana as a pharmaceutical or food. To develop product testing and prospective quality standards, we partnered with the Director of

Research and Development of a nationally recognized testing authority in certification of marijuana and

a leading provider of ultra-fast vapor analyzers. Our partner provides infrastructure and expertise

necessary to assist in the design of procedures to test product quality and then to assist with

implementation of State approved standards for testing marijuana.

We shall source or create options for qualified and reliable testing resources to assist LCB to establish

consistent quality standards and testing procedures. We may propose testing protocols to minimize

errors in test results. To hold technicians at or above the State defined level of knowledge and skill, we

may propose training and recurring state certification.

Our activities may include, but are not limited to, the following research activities: establishment and

implementation of standardized quality controls, calibration procedures, a single set of standardized

testing and sample retention procedures, technician training and certification, compliance review tests

to reduce fraudulent activities within the system, design and establishment of a testing certification

program, labeling, standardized crop inspection, advisement and documentation of production methods

and inputs to improve product quality and to reduce contaminants, test result information duplication,

segmentation and distribution to specified parties, and a knowledge ofthe individual and collective

requirements of end-users as it relates to chemical constituents tested, quality control and labeling standards.

Experience

Various factors come into play when thinking about quality. These factors include standardization and, most importantly, reliable and accurate testing methods. Our partner is the only certification and pre- screening laboratory in existence to use ultra-fast gas chromatography (UFGC) in order to undertake the current needs and requirements of all stakeholders for quality control and dosage information as it relates to medical marijuana testing. At present, UFGC is used by various government agencies such as the Department of Homeland Security (DHS), the Drug Enforcement Agency (DEAl and other local and state law enforcement agencies nationwide. Academic labs also use this powerful new tool in fields

such as agriculture, ecology, and environmental biology. Private sector companies like Philip Morris also

use UFGC.

Our national testing partner participates in educating collectives and patients about the benefits of lab

testing for safety and potency. Innovative and scientific testing processes can provide a detailed analysis of contaminants, pathogens and potency prior to ingesting marijuana. We may recommend the State take necessary steps required to offer safe, tested marijuana to its citizens utilizing procedures that will

reduce costs, eliminate waste and duplication, reduce public participation on black markets, conform to

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the needs of all stakeholders and make the State the leader in marijuana testing, dosage/potency information and secure data management.

Experience

We selected our testing partner based on its ability to provide testing equipment and infrastructure

methodology. Our testing partner’s patented technology and scientific testing methods, including iMobile Test", can conduct chemical analysis in almost real time. Through consulting of collectives and patients, and gathering of test data, it is evident that UFGC is currently a competitive and a possible solution for effective testing with technological capabilities to easily synergize new testing requirements, leading to improved patient protection and reduced regulatory oversight.

Pesticide Analysis With its iMobile Test", our partner can provide concentration data of contaminants at parts per million (ppm). While other testing facilities require over 1.5 grams of sample, our partner’s iMobile Test@ only uses 0.5 g of sample. Furthermore, their de-novo pesticide testing method eliminates the necessity to treat any samples with any chemicals, thus eliminating various steps that contribute to

variability in results and additional oversight, regulation and cost to the State.

Our partner also offers a SafeMeds" certification.program. The program is extended to both growers and collectives and implements basic concepts in plant biology, chemistry, and environmental health. SafeMeds" certification program is designed to encourage:

1. Safe and accurate use of EPA regulated pesticides.

2. Education among vendors regarding the harmful effects of selling product that has been

overexposed to EPA regulated pesticides.

3. Problem solving methods and techniques in order to prevent, rather than react to, pest infestations.

Cannabinoid Analysis Incorporating UFGC into the iMobile Test"system, our partner can accurately determine cannabinoid content in each sample. Because an accurate THC potency number comes from

comparing the numbers on a weight-to-weight (w/w) basis, our partner has adopted the method used

by the Drug Enforcement Agency (DEA) to calculate a true and accurate THC potency analysis. During development of the iMobile Test system, our partner conducted over 1,100 tests that yielded results

comparable to those published by the DEAs Potency Monitoring Project headed by Dr. Mahmoud A.

EISohly at the University of Mississippi.

Our testing partner uses advanced technology to test not only for pesticide contamination and total

THC, CBD, and CBN potency, but is also able to test for CBG, CBC, and THCA. The most frequently requested cannabinoids to be tested are THC, CBD and CBN. Past experience of our testing partner has shown that majority of current medical madjuana market stakeholders are mainly interested in total

THC, CBD and CBN test information. United Nations Office on Drugs and Crime and the National Institute

on Drug Abuse both recommend GC to measure total THC (the combined amount of THe and THCA) since that best represents the pharmacological activity of the material.

2 CATEGORY 2 - PRODUCT QUALITY STANDARDS AND TESTING

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Recently, however, THCA has shown promise in clinical studies as a cannabinoid treatment for Type 2 diabetes resulting in renewed debate over testing for total THC (hot analysis) vs. maximum THC (cold analysis). It is our belief that, in addition to using marijuana as a recreational intoxicant, there may develop a segment of Washington’s recreational marijuana using population that will utilize various available retail marijuana products either partially, or in whole, as a medical remedy.

As information continues to disseminate in the public realm about potential medicinal benefits of THCA, it is expected that the public’s requirements and preferences of cannabinoids tested will evolve to

eventually include all cannabinoids that show actual, possible or even probable medicinal benefits. Due to this, we may recommend that the State undertake, beginning with a public opinion outreach

campaign, a comprehensive study of the consumer and other stakeholder preferences and

requirements as it relates to cannabinoid testing and dissemination of test results. We may propose that the State work with a specialized, local, knowledgeable and well-respected PR campaign organization, or possibly a specialty group within a larger organization, in order to gauge the various stakeholder cannabinoid and contaminate, testing, certification and labeling, preferences and

requirements.

While we anticipate LCB may initially implement cannabinoid testing standards that currently match up with current stakeholder expectations, we are prepared for possible inclusion of additionally requested and/or required cannabinoid testing into prospective testing procedures as is deemed necessary by LCB.

Data Integrity Designing data integrity into the implementation process will provide consistent and reliable data aggregation to ensure informational and product transparency necessary to build consumer confidence. Testing facilities, whether location-based and mobile, should connect through a secure encrypted online application that logs each test result prior to issuing product label codes. This internal control will assist in monitoring supply chain from production through testing. The security and integrity of online information should be evaluated by a reliable 3rd party resource to ensure privacy, security and encryption may increase sales and tax revenue while reducing labor and oversight costs.

Certified labels are rapidly becoming the standard for purchasing medical marijuana that typically includes testing and pesticide information. A printed test result Certificate of Analysis (COA) is sometimes rendered to each customer. The COA shows THC, CBD, and CBN potency levels (as a percent by weight) for each tested sample. A separate COA is also issued with information regarding pesticide content.

Staff Qualifications and Capabilities

Our partner’s laboratory Research and Development Director is Jose A. Zavaleta. He earned a M.S. degree in Analytical Chemistry from California State University, Los Angeles. He has published numerous analytical chemistry papers in peer-reviewed journals. Mr. Zavaleta has 7 years industry experience working for pharmaceutical and biotech companies including 4 years teaching as an adjuct chemistry professor for North Orange County Community College District.

Approach and Methodology

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We may specify a secure database and a secure fixed storage facility for long term retention of test results and backup samples, allowing for re-testing of lots or segmented lots of marijuana at any stage in the marijuana system after the initial baseline test has been completed, to ensure compliance with

future laws and standards. The baseline testing that we may propose for this marijuana system consists

of utilizing the State’s prospective marijuana testing procedures to initially test every lot of marijuana at an optimally defined period during the drying stage of production (i.e. 2nd week of drying). Possible

recommendations on optimal baseline testing are subject to change once LCB initiates public question and answer sessions, we can adjust optimal testing times. Once baseline testing on each lot is

completed, labels may be printed at each subsequent stage of the system utilizing a single secure

platform to congregate all testing information, including total lot weight, in order to determine the

number of labels permitted per lot based on the total weight of segmented packaging for wholesale

and/or retail sale.

In order to effectively implement processes described above, we may propose adaptation of a simple, reliable, secure and accurate testing and transaction system/platform that is currently in use within

Washington State to regulate the pull tab industry. Due to common elements of pull tab transaction

reporting and tracking, control and data management procedures as they may relate, respectively, to

prospective regulation of recreational marijuana prospective transaction reporting and tracking, control and data management requirements. If it is deemed by the State to be a viable option, we may propose that our testing partner work with our proven inventory management system design partner in order to realize an effective, cost efficient integration of applicable pull tab procedures and infrastructure into

the design/modification and implementation of a new recreational marijuana system’s secure

transaction, control and data management system/platform. We may suggest a collaborative effort to result in a single, tested (within the pull tab market), transaction, control and data management

platform capable of interfacing with all licensed vendors, testing technicians, LCB, and designated

department of health (DOH) peace officers.

We anticipate that implementation of strict quality control and dosage-testing standards in conjunction with our comprehensive list of additional recommendations will resultin significant savings to the state while ensuring the highest standards of public safety and product quality. Additionally, due to advancements in mobile testing, the implementation of a single standardized testing method, elimination of fixed testing locations and a resulting ability to simplify and standardize technician

training, significant reductions in the cost of implementation and administration will also be realized.

Even though regulation of medical marijuana is outside the scope of 1-502, we anticipate possible

inquiries in the future from stakeholders at all levels about the applicability of the testing and standards of the prospective recreational marijuana system on the unregulated medical marijuana system.

4 CATEGORY 2 - PRODUCT QUALITY STANDARDS AND TESTING

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Please answer the questions listed below, attaching additional pages as necessary:

1. 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.

2. 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.

3. 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.

4. 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 3 - Product Usage and Consumption Validation

Ability, Capacity, Skills.

We partner with a nationally-known mark t research firm to provide all statistical modeling, segmentation and database cleansing, matching, profiling and overall data integration services required under K430 Initiative 502 Consulting Services to include, but not limited to, establishing reliable and valid statistics regarding product usage and consumption levels and patterns across all geographic entities within the State of Washington.

Our partner is a leading database company that is highly regarded for quality of its data, its high standards of data cleanSing and its use of proprietary matching algorithms as well as its IT team’s technical capabilities including creation and development of interactional marketing databases with

user-friendly PC or tablet interfaces built on the MS Windows platform. Dr. AI Nigle, Head of Research and Chief Scientist has over25 years of experience in consumer segmentation and psychographic modeling of segments. Following completion of his Ph.D. studies in Cognitive Science at the University of

Cincinnati, he received post-doctoral training in neurophysiology, neuropsychological assessment and applied psychophysiology. He has taught graduate level courses in Applied Statistical Analysis, Cognitive Assessment and Research Design at various universities including University of Cincinnati Medical School - Department of Psychiatry, Medical College of Wisconsin-Marquette University, University of Wisconsin

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Family Residency Program at Waukesha Memorial Hospital and Graduate School of Public Health at San

Diego State University.

To apply its high level of statistical and research capabilities to 1-502 implementation, a team of clinical

psychologists and social workers licensed by the State of Washington regulatory boards with

demonstrated training and experience in substance abuse (particularly, cannabis) will be assembled to

provide clinical ensure and oversight to insure that any survey tools and methodologies developed by

our partner conform to current scientific findings in the field of cannabis recreational use (especially the

key psychographic profiles and personality factors that are associated with no use/no consumption, low

use/low consumption and high use/high consumption) as well as substance abuse behavioral patterns

involving cannabis and the role of addictive personality disorders in the consumption of this and other

drugs. In particular, there is a very rich scientific body of information that has been collected by both

U.S. and U.K based social psychological researchers on the Amsterdam consumer experience, problems

and issues related to the development of marijuana cafes and other legal outlets for cannabis

consumption in the Netherlands. Our partner’s team will take advantage of this existing body of

scientific literature to help guide its creation and development of statistical methodology and design the

scope of studies in such a manner as to more accurately measure the usage and consumption patterns.

Our partner has performed similar statistical services required to identify and analyze the market need,

market size and competition with a variety of industries including the financial, pharmaceutical,

automotive, entertainment and consumer electronics, insurance, communications and software and

hardware technologies. It has demonstrated expertise in market segmentation derived from survey data obtained via telephone, online web-based or in situ consumer interviews. To apply sophisticated

methodologies primarily based on the k-means clustering methodology and validated by post-hoc

discriminant analyses, our partner following these four steps: (1) employ Cluster Analysis to analyze

Custom Segmentation; (2) apply a group of multivariate statistical methods, Cluster Analysis, with the

primary purpose of identifying similar entities based on a pre-determined set of specific characteristics;

(3) mathematically classify survey variables, Cluster Analysis, so that each objvariable is very similar to

others within its cluster and very different from others outside of its specific and mathematically-

independent cluster. Then the Chief Scientist directs his statistical team to determine questions used to

cluster the entire set of survey responses - a trial and error method is used and the best cluster solution

is determined based on the number of clusters, the number of respondents in each cluster and the tests

of significance (using discriminant analysis) to validate the clustering outcomes.

There are three stages to our partner’s custom approach to cluster analysis which will be used in this case to segment the State of Washington’s consumer usage and consumption of cannabis: partitioning, interpretation and profiling. Our product usage and consumption validation partner generally uses a non-hierarchical clustering approach referred to as K-means cluster analysis. After validating the clustering solution, its team assigns a name or label to each cluster/segment that typifies an essential element of that segment, in this case, the psychographies that appear to dominate with members of a particular mathematical cluster or segment. The final stage, profiling, is perhaps the most important because it is in this stage that all of the other data gathered in the survey is combined with the data used to perform the segmentation in order to create an in-depth profile of the individuals within each

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segment. Using I(-means clustering techniques the data in the previous slide is forced into three clusters or segments based on Euclidian distances around a central point or centroid. [The graph below illustrates a 3 cluster solution where each cluster contains n={x, y, z} subjects and represents much larger groups within a population, for example, the population of the State.

In the past, using a combination of national telephone and web-based surveys to targeted populations, our partner assisted clients in determining the prospective market size, market segments and projected business volumes (including take up rates and econometric s with volume benchmarks) for various consumable goods and services including those within highly regulated environments such as Alcoholic

beverages, public housing, SEC regulated financial investments and private placements, senior living construction, public hospital financing, high yield taxable and non-taxable bond products.

a) Health benefit packages for employer-sponsored and funded insurance plans

b). Generic prescriptive drugs and aTe non-prescriptive drugs and supplements

c). Specialty Alcohol Beverage products (particularly vodka and wine)

Our partner’s Chief Scientist and research staff have the folloWing set of statistical, modeling and

population identification and market sizing skills that could be applied, as required, to fulfill the State of

Washington’s need to better understand the overall usage and consumption of cannabis currently and future projections among its citizenry and defined by geographic locations (County, City).

Predictive Modeling and Business Forecasts (consumer adoption and potential revenue estimates)

Consumer Market Segmentation Studies

. Conjoint Analysis studies

Statistical Meta-Analysis

Econometric Analysis and Forecast

Price Elasticity and Price Sensitivity studies

Database Profiling and Modeling Consumer Usage and Product Consumption Modeling Projective Forecasts - product supply and demand gap analyses

. Market Size Statistics and Modeling

Psychometric assessment and psychographic modeling and profiling

Statement of the Problem subsumed under Category 3

We understand many of the challenges in determining with any precision the present use and

consumption of marijuana in the State of Washington. In fact, the Fiscal Impact document produced by OFM regarding 1-502 clearly states that, because of marijuana’s long term status as a Federally- regulated, controlled substance with a long history of both State and Federal criminal prosecution of users and distributors; it’s extremely difficult to estimate with any reasonable degree of error current

usage and consumption patterns by different geographic locations in the state.

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As described in the Fiscal Impact document of 8/10/2012, an estimate of marijuana users was

created using the u.s. Department of Health and Human Service, Substance Abuse and Mental

Health Services Administration’s National Survey on Drug Use and Health, 2008-2009 focused on

the data collected and projected for the State of Washington. The survey estimates the percentage of marijuana users to be 17.18 percent for persons 18 to 25 years of age and 5.57 percent for those

26 years of age or older. Assuming Washington’s population of marijuana users is increasing at the

same rate asthe national use contained in the survey, the number of users in calendar year 2013 is

estimated to be 18.4 percent for persons 18 to 25 years of age and 6;1 percent for those 26 years of

age or older. Applying those percentages to the State’s forecasted 2013 population, estimates

assume 363,000 Washington marijuana users in calendar year 2013. Estimates also assume a 3

percent increase in sales beginning in 2015 to account for pOpulation growth and inflation.

Frequency of consumption is estimated using the pattern contained in the United Nations Office on

Drug and Crime, 2006 Bulletin on Narcotics, Review of the World Cannabis Situation, page 48. The

frequency of consumption by users ranged from a low of 18 percent consuming once a year to 3

percent consuming daily. Applying this consumption pattern to an estimated 363,000 Washington

marijuana users, and assuming 2 grams of marijuana per use, the number of grams consumed

annually by residents of the state is projected to be 85,100,000 grams.

Using these projections (which are yet to be statistically validated), total revenue accruing to the State

of Washington through the implementation of 1-502, is estimated to be as high as $1,943,936,000 over the first five fiscal years following full implementation.

The applicability of the forecast model that the WSLCB already uses for the usage and consumption of

liquor to the usage and consumption of marijuana has not yet been established. The calculation of an

alcohol usage involves a three-stage process: 1) estimation of an exposure distribution of alcohol, 2) establishment of the relative risk function, and 3) the solving of the equation for the PAF [15]. Since the

distribution of alcohol consumption on an international level has not been agreed upon, the common

approach is to estimate the PAF using categorical measurements rather than modeling it in a more

mathematically appropriate continuous manner [16,17].

The mathematical expression is as follows: Formula 1 PAF~~:I<i~lPi(RRi-l)Lki~lPi(RRi-l)+l where i is the exposure category with baseline exposure or no exposure, i ~ 0, RRi is the relative risk at exposure level i compared to no consumption, and Pi is the prevalence of the jth category of exposure.

However, it is anticipated that one desired outcome of the research and statistical modeling program outlined in this proposal, could be the creation of a similarly-derived formula for marijuana consumption based on the objective data analysis.

12. Approach and Methodology

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Because of the inherent difficulties in establishing reliable and valid estimates of current and future use

and consumption of cannabis in the State of Washington, an obvious solution is to develop a

comprehensive survey program which can be created in such a manner (objectively-derived questions

yielding ratio and interval data equivalents, stratified sampling methodology across key demographic variables, such as gender, age, geographic location of residence) that advanced modeling statistics can be reasonably applied to create statewide projections.

Our partner has demonstrated expertise is applying the RIM weighting methodology’ to reduce error

of prediction and increase the degree of concordance between smaller sample data and reliable

estimates and projections to the total population, e.g., State of Washington. Below are some examples of the formulae involved in using RIM weighting to make statistically accurate projections of a portion of

a population (a reasonably-sized survey sample of Washington residents) to the total population (all residents within the targeted demography- in this case, all Washington marijuana users).

Rim Weighting Formulae

Root Mean Square

The formula is given for a rim weighting matrix consisting of two variables (dimensions), but the same principle applies when there are more dimensions.

target number in category i in the first dimension.

sum of the observed numbers in category; in the first

target number in category j in the second dimension.

sum of the observed numbers in category j In the second

number of categories. in the first dimension.

The number of categories in the second dimension.

The formula for the weight adjustment is

mddU -- mdU (m/md)

Where

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mdii

Represents the weight adjustment calculated in the previous iteration for the cell at the intersection of category i in the first dimension and category j in the second dimension. In the first iteration, it is substituted with

nij (mf.! ni.)

mdj

Represents the sum of the weight adjustments calculated In the previous iteration for category j in the second dimension. In the first iteration, the expression

(m .Imd.) ’J ’J

Is substituted with 1.

The calculation for the root mean square is:

rms --

I

L i = I

2 J

. 2

(m,.-mdi.) + L (m:j-mdd.) j=l

Where

md{. Represents the sum of the weight adjustments calculated in the previous iteration for category i In the first dimension.

mdd:j Represents the sum of the weight adjustments calculated In the current iteration for category j In the second dimension.

At the end of each iteration, the Weight component compares the root mean square with the product of the weighted total and the given limit. (The limit defaults to 0.005, but it can be set to another proportion.) The iterations continue until all of the weights are within the limit or the maximum number of iterations has been reached.

Rim Weighting Efficiency

The rim weighting efficiency figure gives an indication of how well balanced the sample is.

Let

Pj Be the preweight for case j

RJ Be the rim weight for case j

Then the rim weighting efficiency is

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100,O( ’2;flf)2 }

.

.. 2 ’" p. "\.’ P.R. 4J .J4J .J J

.I .i

If the data for many respondents needs to be weighted heavily up or down, the efficiency percentage will be low, The greater the percentage the more well balanced the sample.

*For further information on rim weighting see the Rim Weighting Theoretical Basis Paper entitled "ON A LEAST SQUARES ADJUSTMENT OF A SAMPLED FREQUENCY TABLE WHEN THE EXPECTED MARGINAL TOTALS ARE KNOWN", by W. Edwards Deming and Frederick F. Stephan, in Volume 11, 1940 of the Annals of Mathematical Statistics.

Another advanced statistical method that could assist the effort to arrive at statistically reliable and valid projections of current and future marijuana. usage and consumption is the application of Neural Net algorithms, especially the error correction method. Neural net algorithms, based on regression methods, have been successfully applied world-wide to solve difficult and complex problems of supply and demand, perhaps, the most noteworthy applications have occurred in China and developing nations of the African continent were Neural Net methods were applied successfully to predict population water usage and consumption and insure adequate water demand over specific time periods. Although the relationship between marijuana use and consumption in Washington and water usage and consumption in China may be difficult to grasp, the point is that in both cases large amounts of critical data were unknown and both situations are essentially problems of accurate estimates of product supply and demand.

The role of our partner in this project may also be expanded beyond the design and execution of consumer surveys to the role of data aggregator and meta-analytics. The Fiscal Impact document referred to earlier also contained tables of State expenditures to conduct a number of consumer surveys which are planned for the next 5 years and for which funds have been allocated. Because a number of these surveys may touch on the issue of usage and consumption, in full or at least in part, it will be

necessary for the different survey results to be analyzed and integrated to avoid duplication of effort and misinterpretations due to varying survey methodology and sampling procedures as well as the nature of the questions asked. Our partners have the experience and the skills to work with large quantities of data, aggregate the data, profile the data and eventually provide analyses that integrate the disparately-collected findings to develop a complete picture of the current and future usage and consumption of marijuana, especially as user profiles, usage and consumption patterns change over time.

Possible Product Regulation Costs:

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111 Surveys of targeted groups (age, location, gender) to arrive at a statistically valid projection of State-wide usage and current consumption 111 Surveys of licens~d marijuana outlets (confidential, of course) including in situ or intercept interviews to model future supply/demand and price elasticity factors 111 Combine these two sets of data to make 5 year, 10 year projections of usage, consumption and supply demand metrics

111 Meta analysis of other survey data authorized by the state to study this problem and combine that data with our data for purposes of developing a comprehensive econometric analysis of costs and revenue for the State

111 Hiring a small team of licensed mental health professionals - (part-time, 1099 non employees ,e.g., 1 licensed psychologist and 2 social workers or licensed substance abuse counselors, all with substance abuse training and experience) to assist in developing survey questions, conduct in depth interviews and provide input to formal reports 111 Telephone and web survey provider costs plus modest compensation to respondents to maximize number of surveys completed

We project the following services will be needed for a successful report to the State:

1. Gather data regarding gr wing conditions implemented growers that include:

a. Size and outline of "location" such as garage, clean room, basement

b. Harvest time and how many "grows" per year

c. Use of pesticides, analyzed by type, amount, time, form and frequency of application of pesticide at each stage of plant growth and whether pesticide is applied directly or indirectly to the plant using which dilution method

d. Type of training employees receive before touching the plant

e. Packaging method for delivery to dispensaries including delivery method and packaging of excess inventory

2. Gather and analyze standards set forth by authorities IikeDr. EISohly regarding cultivation of medical marijuana and c mpare with practices employed by growers

3. Conduct research regarding standards set forth by the Environmental Protection Agency (EPA) on appropriate use of controlled pesticides and compare to data obtained from growers.

4. After analyzing all of the above data, develop and conduct field test of our recommended

growing conditions

5. Conduct survey of medical doctors and gather their recommendations regarding beneficial

cannabinoids for patients who suffer from illnesses raging from insomnia to cancer and AIDS.

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We wiU use this data to redesign, if necessary, our methods of analyzing cannabinoids in order

to capture their potency.

6. Offer compensation to growers and doctors who participate in our data survey and data gathering

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Washington State

Liquor Control Board

February 25,2013

Subject: Rejection of Response t Washington State Liquor Control Board (WSLCB) Request for Proposals (RFP) K430, Initiative 502 Consulting Services

Dear Mr. Chris Davis,

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 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. Chris Davis 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. Chris Davis 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 measnre 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 [email protected].

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

00005796

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Washington State

liquor Control Board

February 25, 2013

Subject: Rejection of RespoIlse to WashingtoIl State Liquor Control BOflrd (WSLCB) Request for Proposals (RFP) K430, Initiative 502 Consulting Services

Dear Mr. Chris Davis,

This letter is to infonn you that your response to Request for Proposals (RFP) K430 has been rej ected because it failed to conform to REI’ requ rements.

Sectlon3.2, 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 list d ill this section may disqualify the Proposer from jitrther participation in this RFP...

"

It is the sole responsibility of the Proposer to understand the RFP requirements and ensure their Proposal is complete. Chtis Davis failed to complete and submit the following required items in response to RFP K430: Proposer’s Authorized OtTer, Proposer Information, Subcontractor Information, Non-Cost

Proposal and Cost Proposal. Chris Davis submitted an incomplete and vague response and is thus deemed non-responsive and !’ejected from further participation in this RFP.

Thank you for your interest in doing business with the Washington State Liquor Control Board. Th s

measure is being taken to assist you in preparing I ture responses. If you have any questions, please feel free to contact me by phone at (360)664-4526 or email [email protected].

CC: K430 Contract file

3000 Pacific Ave. SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www.llq.wa,gov

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Stocker. Marlie

From:

Sent:

To:

Subject: Attachments:

K430

Monday, February 25, 2013 11:49 AM

[email protected]

WSLCBRFP K430 - Rejection Notification

K430_Chris Davis_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

[email protected]

1

00005798

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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, Chris Davis,

This letter is to inform you that your response to Request for Proposals (RFP) K430 has been rejected because it [aUed to conform to RFP requirements,

Section 3,2, Prcparation 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 m((y disqualify the Proposer from forther participation in this RFF",

"’

It is the sole respollsibiHty of the Proposer to tmderstand the RFP requirements and ensure their Proposal is completc, Chris Davis failed to complete and sllbmit the following required items in response to RFP K430: Proposer’s Authorized Offer, Proposer Infonnation, Subcontractor Information, NOll.Cost Proposal and Cost ProposaL Chris Davis submitted an incomplete and vague response and is thus deemed nOll.responsive and rejected from further participation in tl s 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,

ohl1 Farley Procurement Coordinator

cc: K430 Contmct file

3000 Pacific Ave, SE, PO Box 43090, Olympia WA 98504-3090, (360) 664-1600, www,llq,wa,gov

00005799

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Stocker, Marlie

From:

Posted At:

Conversation:

scooter bones <scooterbones@hotmail,com>

Friday, February 15, 2013 2:30 AM

application letter for WSLCB

Subject: application letter for WSLCB

I have attached an application letter for a position or consultation position with the WSLCB for the legalized recreational marijuana system enacted by the voters with Initiative 502. If you have any questions or would like to schedule an interview please contact me by email [email protected].

Thank you for your time, Chris Davis

1

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2/9/2013

To the Procurement Coordinator of the WSLCB,

Hello my name is Chris Davis and I am applying for a position in the WSLCB in regard to

the legalized recreational marijuana system. I have extensive knowledge ofthe cultivation,

harvesting, processing, proper curing, extracting, and edible preparation of Cannabis with over

12 years of experience. I have grown cannabis in soil and organically in soil. I have cultivated

cannabis in soilless applications that include Hydroponics, Aeroponics, Fogoponics, and deep

water culture and multiple applications of these advanced horticultural techniques. I have

experience with identifying possible contaminates, pests and diseases that affect cannabis and

thus potential users with negative effects. I have experience with the propagation of cannabis

from seed, clone, or air rooting techniques. I have been asked to consult growers on problems

that they are experiencing regarding indoor and outdoor cultivation. I have knowledge and

experience with the horticultural equipment and products currently on the market that are

used for cannabis cultivation. I interned with an international fertilizer and soil producer in this

market to provide a product analysis and report on one of their product lines. I have been

involved in the beta testing of their products currently and over the last 3 years because of my

expertise in the field. I have knowledge and experience with some ofthe organic regulations and safe gardening practice with horticultural products geared toward cannabis cultivation. I

have experience with the use of fungicides and pesticides with cannabis and their safe use. I

have built and designed over 90 secure indoor grow rooms and several outdoor cannabis farms.

I have experience with proper safety and security protocols required for a grow site. I have

knowledge and experience with breeding cannabis for selected qualities or traits as well as

potential problems that could occur between cannabis and hemp production. I have been a

licensed grower for the Oregon Medical Marijuana program for over 4 years. I have made

several prototypes for horticultural use as well as experimented with breeding and grafting of

cannabis plants.

I have over 12 years of experience with the harvesting, processing and inspection of

cannabis plants as well as being asked to consult and help with the harvesting and processing of

cannabis harvests. I have experience with various harvesting and processing techniques as well

as proper flushing techniques prior to harvest that are required to remove excess fertilizer that

usually accumulates within cannabis. I have. experience with the labor intensive job of.

processing cannabis by hand as well as using mechanical processors. I have experience

processing products such as flowers, material to be used in extracts or food as well as waste

00005801

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products that are unusable. I have personally trained people how to properly and safely harvest

and process cannabis. Requiring training and certification to process cannabis would help insure

a safer product.

I have knowledge and experience with the drying and curing process specifically

involved with cannabis. This is a delicate process that requires considerable experience to

produce a safe usable product for smoking or eating that retains its cannabinoids and terpenes.

I understand drying techniques with dust free environments to ensure contaminate free

product. I have knowledge ofthe drying environments needed and proper humidity to properly

dry cannabis to ensure there are no mold or contamination problems. I have experience with

drying and curing to ensure that the product will burn properly. I have experience with curing

techniques that ensure the formation of polyterpenes for maximum aroma and potency.

I have knowledge and experience with processing cannabis into several forms of

tinctures as well as infusing them into various fats or oils to be consumed in in food. I was

employed as a cook or chef for over 9 years and have experience and knowledge of safe food

handling techniques. I have made alcohol tinctures than can be used sublingually, added to

warm or hot food, or infused with oil and fat. I have made glycerin tinctures that are normally

used for making cannabis candy and confections. I have infused cannabis into butter, dairy

products, olive oil, coconut oil, and various cooking oils and fats. I have also added different

concentrates or raw cannabis to food products. Food products containing cannabis should be

tested and labeled. If a food product contains alcohol, fat or glycerin I can infuse it with

cannabis.

My recommendations to the WSLCB for the program would be. Cannabis should be

packaged in an airtight container to preserve the product. Cannabis should be transported

safely and securely to the retail store. Retail stores should follow the model of dispensaries in

California that are following state and local regulations. Products that are taken to retails stores

should be accounted for either by individual food item or by the weight of the smokeable

product. Retail stores should have surveillance systems and security personnel on staff during

all hours of operation that will check the age of any customer before being allowed into the

store. The retail stores should have a thorough inventory of their products on a regular basis.

All sales should be recorded and accounted for. Cannabis products should have stringent

testing that includes visual inspection and gas chromatography before retail sales are possible. This would make sure the product is free from pesticides, excess fertilizer, fungicides, molds"

pests, and other contaminates. Gas chromatography testing would also provide the potency

00005802

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and a list of cannabinoids and terpenes that are in the cannabis sample. Labels for edible

cannabis or sm keable cannabis should include the results from this test. This would ensure

purity and provide the potency of the product. Proper inspection and testing would greatly reduce the possibility of contaminated products reaching the market or a recall of products. If

cannabis is found to have contaminates it needs to be sealed then properly destroyed by

incineration or in a manner that produces the least pollution and harm. If a product needs to be

destroyed due to contamination, the provider of the productwill need to me notified of the

details of the test. If cannabis is over produced and free of contamination it can be distributed

to low income or in need patients involved in the medical marijuana program, If this is not an

option than it could also be destroyed. Cannabis can be securely and safely cultivated and sold

under the correct framework.

I am a hard worker and a fast learner. I take pride in my work and enjoy sharing my

knowledge with others while being a team player. I am currently pursuing a degree in

Horticulture and Botany in Oregon. If you have any questions or would like to contact me for an

interview please email [email protected]

Thank you for your time,

Chris Davis

00005803

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2/9/2013

To the Procurement Coordinator of the WSLCB,

Hello my name is Chris Davis and I am applying for a position in the WSLCB in regard to

the legalized recreational marijuana system. I have extensive knowledge of the cultivation,

harvesting, processing, proper curing, extracting, and edible preparation of Cannabis with over

12 years of experience. I have grown cannabis in soil and organically in soil. I have cultivated

cannabis in soilless applications that include Hydroponics, Aeroponics, Fogoponics, and deep . .

water culture and multiple applications of these advanced horticultural techniques. I have

experience with identifying possible contaminates, pests and diseases that affect cannabis and

thus potential users with negative effects. I have experience with the propagation of cannabis

from seed, clone, or air rooting techniques. I have been asked to consult growers on problems that they are experiencing regarding indoor and outdoor cultivation. I have knowledge and

experience with the horticultural equipment and products currently on the market that are

used for cannabis cultivation. I interned with an international fertilizer and soil producer in this

market to provide a product analysis and report on one of their product lines. I have been

involved in the beta testing of their products currently and over the last 3 years because of my

expertise in the field. I have knowledge and experience with some of the organic regulations

and safe gardening practice with horticultural products geared toward cannabis cultivation. I

have experience with the use of fungicides and pesticides with cannabis and their safe use. I

have built and designed over 90 secure indoor grow rooms and several outdoor cannabis farms.

I have experience with proper safety and security protocols required for a grow site. I have

knowledge and experience with breeding cannabis for selected qualities or traits as well as

potential problems that could occur between cannabis and hemp production. I have been a

licensed grower for the Oregon Medical Marijuana program for over 4 years. I have made

several prototypes for horticultural use as well as experimented with breeding and grafting of

cannabis plants.

I have over 12 years of experience with the harvesting, processing and inspection of

cannabis plants as well as being asked to consult and help with the harvesting and processing of

cannabis harvests. I have experience with various harvesting and processing techniques as well

as proper flushing techniques prior to harvest that are required to remove excess fertilizer that

usually accumulates within cannabis. I have experience with the labor intensive job of

processing cannabis by hand as well as using mechanical processors. I have experience

processing products such as flowers, material to be used in extracts or food as well as waste

00005804

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products that are unusable. I have personally trained people how to properly and safely harvest and process cannabis. Requiring training and certification to process cannabis would help insure

a safer product.

, have knowledge and experience with the drying and curing process specifically involved with cannabis. This is a delicate process that requires considerable experience to

produce a safe usable product for smoking or eating that retains its cannabinoids and terpenes. , understand drying techniques with dust free environments to ensure contaminate free

product. , have knowledge of the drying environments needed and proper humidity to properly dry cannabis to .ensure there are no mold or contamination problems. , have experience with

drying and curing to ensure that the product will burn properly. , have experience with curing techniques that ensure the formation of polyterpenes for maximum aroma and potency.

, have knowledge and experience with processing cannabis into several forms of tinctures as well as infusing them into various fats or oils to be consumed in in food. , was

employed as a cook or chef for over 9 years and have experience and knowledge of safe food

handling techniques. ’have made alcohol tinctures than an be used sublingually, added to warm or hot food, or infused with oil and fat. , have made glycerin tinctures that are normally used for making cannabis candy and confections.’ have infused cannabis into butter, dairy products, olive oil, coconut oil, and various cooking oils and fats. , have also added different

concentrates or raw cannabis to food products. Food products containing cannabis should be

tested and labeled. ’f a food product contains alcohol, fat or glycerin’ can infuse it with

cannabis.

My recommendations to the WSLCB for the program would be. Cannabis should be

packaged in an airtight container to preserve the product. Cannabis should be transported

safely and securely to the retail store. Retail stores should follow the model of dispensaries in California that are following state and local regulations. Products that are taken to retails stores should be accounted for either by individual food item or by the weight ofthe smokeable

product. Retail stores should have surveillance systems and security personnel on staff during all hours of operation that will check the age of any customer before being allowed into the

store. The retail stores should have a thorough inventory of their products on a regular basis. All sales should be recorded and accounted for. Cannabis products should have stringent

testing that includes visual inspection and gas chromatography before retail sales are possible. This would make sure the product is free from pesticides, excess fertilizer, fungicides, molds,

pests, and other contaminates. Gas chromatography testing would also provide the potency

00005805

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and a list of cannabinoids and terpenes that are in the cannabis sample. Labels for edible

cannabis or smokeable cannabis should include the results from this test. This would ensure

purity and provide the potency of the product. Proper inspection and testing would greatly reduce the possibility of contaminated products reaching the market or a recall of products. If cannabis is found to have contaminates it needs to be sealed then properly destroyed by incineration or in a manner that produces the least pollution and harm. If a product needs to be

destroyed due to contamination, the provider of the product will need to me notified of the details ofthe test. If cannabis is over produced and free of contamination it can be distributed

to low income or in need patients involved in the medical marijuana program, If this is not an

option than it could also be destroyed. Cannabis can be securely and safely cultivated and sold under the correct framework.

I am a hard worker and a fast learner. I take pride in my work and enjoy sharing my knowledge with others while being a team player. I am currently pursuing a degree in

Horticulture and Botany in Oregon. If you have any questions or would like to contact me for an interview please email [email protected]

Thank you for your time,

Chris Davis

00005806