0038-N.docx

STATE OF WYOMING

DEPARTMENT OF ADMINISTRATION & INFORMATION

GENERAL SERVICES DIVISION, PROCUREMENT SECTION

2323 CAREY AVENUE

CHEYENNE, WY 82002

REQUEST FOR PROPOSAL NUMBER 0038-N

Wyoming Department of Environmental Quality Water Quality Division

Wyoming Surface Water Quality Standards – National Assessment of State Drinking Water Designated Uses

PROPOSAL DUE DATE AND TIME

SEPTEMBER 9, 2026 – 2:00:00 P.M. MOUNTAIN TIME

AGENCY REPRESENTATIVE:

Eric Hargett

PROCUREMENT REPRESENTATIVE: BRENDA CROZIER

EMAIL ADDRESS: brenda.crozier@wyo.gov

TELEPHONE NUMBER: 307-777-6708

Table of Contents

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SECTION 1: REQUEST FOR PROPOSAL

1. SUBMISSION OF PROPOSALS:

The A&I Procurement Office will receive proposals for providing technical support services to the State of Wyoming, Department of Environmental Quality (WDEQ) for the purpose of conducting a comprehensive and objective factual assessment of how states define and assign designated drinking water uses and associated subcategories for surface waters. The assessment shall synthesize national practices among all 50 states, technical approaches, and legal considerations to inform the WDEQ’s evaluation of potential drinking water designated use revisions, including the possible development of a statewide use and value demonstration and a standardized, repeatable drinking water use framework with subcategories. Proposals for the WDEQ will be provided through the Public Purchase online bidding system. Proposals are due no later than 2:00:00 P.M. (Mountain Time) on September 9, 2026.

The technical proposal and cost proposal should be uploaded as separate documents and identified as such.

1.1. Proposals should be accompanied by the attached Proposal Price Sheet and signed by the proper official of the firm. All proposals should be uploaded on the Public Purchase online bidding system. Proposals sent by facsimile, email or paper copy may be rejected.

1.2. Proposals should be submitted through the Public Purchase online bidding system on or before the date and time specified. Proposals received after the date and time specified may be rejected.

1.3. The State of Wyoming reserves the right to withdraw this Request for Proposal, without cause, at any time before a contract has been fully signed and submitted to the A&I Procurement Office.

2. MODIFICATIONS OR WITHDRAWAL OF PROPOSALS:

2.1. A proposal may be altered through the Public Purchase online bidding system before the proposal due date and time contained in this document.

2.2. The proposer may withdraw its proposal through the Public Purchase online bidding system up to the proposal due date and time contained in this document. If a proposal is accepted and the proposer fails to furnish the service agreed upon in the proposal, that proposer may be eliminated from future consideration.

3. PREPARATION OF PROPOSALS:

3.1. A proposal may be rejected if it modifies any of the provisions, specifications or minimum requirements of the Request for Proposal.

3.2. In case of error in the extension of prices in the proposal, unit prices will govern.

4. AWARD AND CONTRACT INFORMATION:

4.1. The State of Wyoming will ensure that minority business enterprises will be afforded full opportunity to submit proposals. The State of Wyoming will not discriminate on the grounds of age, race, color, sex, creed, national origin, or disability status.

4.2. The proposer also, agrees that should their firm be awarded a contract, it will not discriminate against any person who performs work there under because of age, race, color, sex, creed, national origin or disability. In addition, the successful proposer shall comply with the Americans with Disability Act and the Wyoming Fair Employment Practices Act.

4.3. The proposer expressly warrants to the State that it has the ability and expertise to perform the contract if awarded. In doing so, it shall use the highest standards of professional workmanship.

4.4. The State of Wyoming reserves the right to reject any or all proposals, to waive any informality or technical defect in the proposals, or to award the contract in whole or in part, if deemed to be in the best interest of the State to do so. The A&I Procurement Office will award the contract to the firm, determined to have the most responsive and responsible proposal by the Department of Environmental Quality.

4.5. The successful proposer will be required to agree to and execute a formal contract with the State containing terms required by the Attorney General with reasonable adjustments acceptable to the State.

4.6. If applicable, the State will negotiate payment terms based upon a schedule to be determined by the proposer and the State. Paying invoices will be based upon the proposer successfully completing the deliverables within the stated deadlines, and upon the Agency’s written acceptance of the deliverables or services.

DATED: August 10, 2026 State of Wyoming Procurement Section Buyer: Brenda Crozier

SECTION 2: GENERAL PROVISIONS

1. INSURANCE:

1.1. The contract between the successful proposer and the State shall require the successful proposer to carry certain insurance policies. All such insurance policies, except workers’ compensation and unemployment compensation policies, shall contain a waiver of subrogation against the Agency and the State, its agents and employees.

2. LAWS TO BE OBSERVED:

2.1. The proposer shall keep fully informed of, and comply with, all applicable federal and state laws or rules, all local bylaws, regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority. The proposer shall protect and indemnify the State and its representatives against any claim or liability arising from or based on the violation of any law, bylaw, ordinance, regulation, order or decree whether by himself or its employees.

3. ASSIGNMENT:

3.1. The proposal shall not be assigned by the proposer. Third party participation is authorized only as a joint venture that shall be clearly stated in detail in the original proposal and signed by all parties participating.

3.2. The proposer shall not enter into any subcontracts for any of the work contemplated under this Request for Proposal without the State’s prior written authorization.

4. EXTENSION AND AMENDMENT:

4.1. The proposer and the State covenant and agree that this proposal or subsequent contract may, with the mutual approval of the proposer and the State, be extended two years at a time, for a total contract period not to exceed six (6) years.

5. AUDIT AND ACCESS TO RECORDS:

5.1. The State or any of its duly authorized representatives shall have access to the proposer’s books, documents, papers, electronic data and records that are directly pertinent to this Request for Proposal.

6. CONFLICT OF INTEREST:

6.1. The proposer warrants that no kickbacks, gratuities, or contingency fees have been paid in connection with this Request for Proposal and none have been promised. The proposer warrants that no one being paid pursuant to the proposal is engaged in any activity that would constitute a conflict of interest with respect to the purchases of the proposal.

7. NO FINDER’S FEE:

7.1. The proposer warrants that no finder’s fee, employment agency fee, or any such fee related to the proposal shall be paid.

8. SOVEREIGN IMMUNITY:

8.1. Pursuant to Wyoming Statute § 1-39-104(a), the State of Wyoming and the Agency expressly reserve sovereign immunity and specifically retain all immunities and defenses available to them as sovereigns. The proposer acknowledges that the State of Wyoming has sovereign immunity and only the Wyoming Legislature has the power to waive sovereign immunity. Designation of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity in this Request for Proposal shall not be strictly construed, either against or for either party, except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity.

9. INDEMNIFICATION:

9.1. The proposer shall release, indemnify, and hold harmless the State, the Agency and its officers, agents, and employees from any and all claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of the proposer’s failure to perform any of the proposer’s duties and obligations hereunder or in connection with the negligent performance of proposer’s duties and obligations, including, but not limited to, any claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of proposer’s negligence or other tortious conduct.

10. APPLICABLE LAW/VENUE:

10.1. The construction, interpretation, and enforcement of this Request for Proposal shall be governed by the laws of the State of Wyoming, without regard to conflicts of law principles. The terms “hereof,” “hereunder,” “herein,” and words of similar import, are intended to refer to this Request for Proposal as a whole and not to any particular provision or part.

11. RIGHT OF OWNERSHIP AND MARKETING OF INTELLECTUAL PROPERTY AND INTELLECTUAL ASSETS SUBMITTED FOR THE RFP (IF APPLICABLE):

11.1. It is acknowledged and agreed that the only party with a right to market, trademark, patent, copyright, or any like right to any intellectual property or intellectual assets submitted in relation to the Request for Proposal shall be and is solely vested in the State. This includes all intellectual property and intellectual assets related to both the written proposal and the oral presentation and any and all documents, pitches, products, media pitches, web screens, layouts, etc. produced for the written proposal and the oral presentation, and any updates, changes, alterations, or modifications to or derivative works.

SECTION 3: SPECIAL PROVISIONS INFORMATION

PROPOSALS SHOULD BE SUBMITTED THROUGH THE PUBLIC PURCHASE ONLINE BIDDING SYSTEM BY 2:00:00 P.M. MOUNTAIN TIME ON SEPTEMBER 9, 2026. PROPOSALS RECEIVED AFTER THE DATE AND TIME SPECIFIED MAY BE REJECTED.

It is the responsibility of the proposer to clearly identify all information that is considered confidential in accordance with the Wyoming Public Records Act, Wyoming Statute §16-4-201 through §16-4-205. Please identify each confidential page with the word “CONFIDENTIAL” in capital, bold letters centered at the bottom of each page. Information not clearly marked may be considered public. If the proposer submits information that it believes is confidential, it should include a statement justifying its basis for that belief.

1. STATE PARTIES:

1.1. This Request for Proposal is issued by the Wyoming Department of Administration and Information, General Services Division, Procurement Section (Procurement) on behalf of the WDEQ.

1.2. Throughout this document and others in connection with this project, various references are made, or will be made to the “State.” Generally, whenever this reference appears, the term “State” incorporates all state agencies working on this project.

1.3. It should be understood that the Director of WDEQ is empowered to be the signatory on all contracts, agreements, or modifications pertaining to this project. Any contracts, agreements, or modifications not bearing this signature or that of a designee are invalid.

2. CONTENT AND PROCUREMENT POINTS OF CONTACT:

2.1. Procurement is the primary point of contact from the date of release of the Request for Proposal until a proposer is selected and the selection is announced.

2.2. Written questions about the procurement should be submitted through the Public Purchase online bidding system until 2:00:00 P.M. Mountain Time on August 24, 2026. Any questions received after that deadline may not be accepted or considered. Each question should be submitted individually. It is the proposer’s responsibility to check the Public Purchase online bidding system for answers to questions, addenda, or bid tabulations. Telephone calls, emails or faxes may not be accepted.

2.3. Written responses will be available through the Public Purchase online bidding system. Responses will not identify the firm that submitted the question. Only the written answers issued by the Agency are the official position on an issue, and these answers shall become part of the Request for Proposal.

3. RESTRICTIONS ON COMMUNICATIONS WITH AGENCY STAFF:

3.1. Until a proposer is selected and the selection is announced, proposers shall not communicate with Agency staff except via written questions through the Public Purchase online bidding system.

3.2. If a proposer violates this restriction, the State reserves the right to reject the proposal.

4. EFFECTIVE DATES OF PROPOSAL:

4.1. All terms, conditions and costs quoted in the proposer’s response will be binding on the proposer for one-hundred eighty (180) days from the effective date of the proposal.

5. ADVERTISING AWARD CONDITIONS:

5.1. A fully executed contract should be completed with the State before the successful proposer may advertise the award of the contract or the services being performed. The proposer should agree not to refer to awards in commercial advertising in such a manner that states or implies that the firm or its services are endorsed or preferred by the State of Wyoming.

6. CONTRACT NEGOTIATIONS:

6.1. The State will notify the most qualified/successful proposer and negotiate a contract in accordance with the Wyoming Attorney General’s contract guidelines. The successful proposer will be required to enter into and sign a formal contract with the Agency.

6.2. In the event the Agency determines contract negotiations are making no forward progress, negotiations will be terminated, and at the State’s sole discretion, negotiations may be initiated with the next most qualified/successful proposer, or the RFP may be withdrawn or reissued. This process will be followed until an agreement is reached, or until the State determines that the RFP will be withdrawn or reissued. The State assumes no obligation to a selected proposer until an agreement is reached and a contract is fully executed. The State will not negotiate concurrently with more than one proposer for the same award.

7. BEGINNING WORK:

7.1. The successful proposer may not perform any work that could be billed until a contract has been executed. The State will not pay for any work by the proposer before a contract is executed.

8. COPYRIGHT INFRINGEMENT:

8.1. The proposer warrants that no materials, products, and services proposed will infringe upon or violate any patent, copyright, trade secret, or other proprietary right of any third party. In the event of a claim by any third party against the State, the State shall promptly notify the proposer, and the proposer shall defend the claim. The defense will be at the proposer’s expense.

9. COST OF PREPARING PROPOSALS:

9.1. All costs incurred for preparing the proposal and for other procurement related activities are solely the proposer’s responsibility. The State of Wyoming will not provide reimbursement of these costs.

10. RISKS AND LIABILITIES:

10.1. By submitting a proposal, a proposer assumes any and all risks and liability associated with information in the proposal and its release.

11. AMENDMENTS:

11.1. The State reserves the right to amend this Request for Proposal before the proposal submission date. Amendments shall be uploaded to the Public Purchase online bidding system. It is the proposer’s responsibility to check the Public Purchase online bidding system for amendments.

12. PROPERTY DAMAGE AND LIABILITY INSURANCE:

12.1. The proposer may be required to furnish proof of property damage liability insurance in the amount deemed necessary by the Agency for this project, if applicable.

12.2. Questions regarding required insurance coverage and limits for this project should be submitted in writing, in accordance with instructions outlined in the special provisions.

13. MISREPRESENTATION OF INFORMATION:

13.1. Misrepresentation of a proposer’s status, experience, or capability in the proposal may result in disqualification of that proposer from the selection process. Discovery of litigation or investigations in a similar area of endeavor may, at the discretion of the Agency and after consultation with Procurement, preclude the proposer from the selection process.

14. DISPOSITION OF PROPOSALS:

14.1. All material submitted becomes property of the State of Wyoming, which is under no obligation to return any of the material submitted.

15. LEGAL CONSIDERATIONS:

15.1. This Request for Proposal is issued under Wyoming Statute §9-2-3204.

16. PROPOSER RELATIONS WITH STATE:

16.1. The proposer and its staff will have an ongoing relationship with the State that is based on trust, confidentiality, objectivity and integrity. The proposer will operate at all times in the State’s best interests and in a straightforward, trustworthy and professional manner. The proposer shall:

16.1.1. Work cooperatively with the State’s staff and business partners whenever required.

16.1.2. Work cooperatively with the staff of other proposers whenever required.

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SECTION 4: KEY DATES

SECTION 5: ADMINISTRATIVE BACKGROUND

1. INTRODUCTION AND BACKGROUND:

In 1972, the United States Congress passed the Federal Water Pollution Control Act, which became formally known as the Clean Water Act (CWA) in 1977. The CWA was passed to “restore and maintain the chemical, physical, and biological integrity of the Nation’s waters.” The United States Environmental Protection Agency (EPA) administers the CWA by developing national water quality criteria recommendations, establishing industry effluent guidelines, and delegating CWA authorities to states for local implementation.

Since 1977, the WDEQ has developed and revised water quality standards for all surface waters in Wyoming under our delegated CWA authorities and in accordance with Title 35, Chapter 11 of the Wyoming Statutes.

Wyoming’s Surface Water Quality Standards (Chapter 1, Wyoming Water Quality Rules) consist of three required components: designated uses, water quality criteria, and antidegradation provisions. Designated uses (which include all existing uses) identify the management goals and are assigned to individual surface waters or surface water segments. All surface waters in the state are assigned one or more designated uses that include aquatic life, drinking water, human consumption of fish, recreation, industry, livestock, irrigation, terrestrial wildlife, and scenic value. Water quality criteria are the established levels of water quality necessary to support designated uses and can be either numeric or narrative. Antidegradation provisions establish a baseline level of protection for all waters while also providing enhanced protections for waters of high quality or those recognized as important ecological, recreational, cultural, or other qualities. These three components are required to comply with the CWA and its implementing regulations at 40 CFR § 131.

Pursuant to Wyoming Surface Water Quality Standards, designated uses are “those uses specified in water quality standards [Chapter 1] for each waterbody or waterbody segment whether or not they are being attained.” Wyoming Surface Water Quality Standards require that assignment of designated uses to a waterbody or waterbody segment must protect downstream surface water quality standards and include all existing uses. Existing uses are defined in Wyoming Surface Water Quality Standards as “those uses actually attained in the waterbody on or after November 28, 1975…” Section 12 of Chapter 1, Wyoming Water Quality Rules (Wyoming Surface Water Quality Standards) allows WDEQ to modify designated uses assigned to surface waters through the development of either a Use Attainability Analysis (UAA) for CWA 101(a)(2) uses (aquatic life, human consumption of fish, recreation, and terrestrial wildlife) or a demonstration of the use and value for non-101(a)(2) uses (drinking water, industry, irrigation, livestock, and scenic value).

Current Drinking Water Use Protection Since the 1973 version of Wyoming Surface Water Quality Standards, the drinking water designated use has been assigned to waters in Wyoming that are used for public drinking water supplies as well as those categorized as Outstanding Resource Waters. In 1990, this protection was expanded to waters designated for coldwater or warmwater aquatic life (both of which include game fish). This extension was based on the presumption that waters with sufficient quality and volume to support game fish also have the potential to be developed as drinking water supplies.

Numeric criteria for approximately 150 pollutants protective of the drinking water designated use are found in Section 17 of Chapter 1, Wyoming Water Quality Rules (Wyoming Surface Water Quality Standards) and are largely based on EPA’s nationally recommended CWA 304(a) human health criteria or their maximum contaminant levels (MCLs) under the Safe Drinking Water Act (SDWA) National Primary Drinking Water Regulations, to protect against toxic or carcinogenic effects to humans based on long-term exposure. For pollutants where EPA has issued more stringent SMCLs under their Safe Drinking Water Act (SDWA) National Secondary Drinking Water Regulations or nationally recommended CWA 304(a) organoleptic criteria relative to the CWA 304(a) human health criteria, Wyoming has consistently adopted these more stringent criteria. The purpose of these more stringent criteria is to preserve the desired long-term quality of raw surface water before it undergoes regulated conventional treatment by municipalities or rural water districts for public consumption. Added benefits of these more stringent criteria help to preserve conventional treatment facility infrastructure and efficiency (e.g., corrosion control) while also reducing treatment costs. These numeric drinking water criteria in Wyoming’s Surface Water Quality Standards are currently applied to all surface waters of state with a designated drinking water use, regardless of whether the surface waters are used for public drinking water.

Potential Refinements to Wyoming’s Designated Drinking Water Use Structure WDEQ’s experience implementing Wyoming’s numeric drinking water criteria, together with public feedback received during prior revisions to Wyoming’s Surface Water Quality Standards, has identified an opportunity to evaluate Wyoming’s current designated drinking water use structure and the methodology used to assign the designated drinking water use to surface waters.

The purpose of this evaluation is to better understand, through a comparative and objective evaluation of state drinking water use structures throughout the nation, whether there may be opportunities to potentially refine Wyoming’s existing structure to more appropriately reflect existing and potential drinking water uses of surface waters throughout the state. The evaluation will specifically examine how states develop drinking water designated uses and associated subcategories. It will also characterize the methodologies and data used to assign these uses to surface waters, including relevant technical and legal consideration, and the rationale for the water quality criteria protective of subcategories.

The results of this project will serve as a foundational resource to inform subsequent efforts in Wyoming’s evaluation of potential refinements to its designated drinking water use structure. Potential refinements through a statewide use and value demonstration may include creating drinking water use subcategories, standardizing how drinking water use and associated subcategories are assigned, and tailoring application of numeric water quality criteria to protect subcategories. Completion of this project does not predetermine any future regulatory or policy outcome.

2. PURPOSE AND INTENT:

The purpose of this Request for Proposal (RFP) is to solicit competitive proposals from proposers who can offer technical support services to conduct a comprehensive and objective assessment of how states develop drinking water designated uses and associated subcategories. The assessment will also characterize the methodologies and data used to assign these uses to surface waters, including relevant technical and legal considerations, and the rationale for the water quality criteria protective of subcategories. The results from this assessment will inform the Wyoming Department of Environmental Quality’s (WDEQ) evaluation of potential future refinements to drinking water designated use provisions in Chapter 1, Wyoming Water Quality Rules (Wyoming Surface Water Quality Standards). Potential refinements through a statewide use and value demonstration may include creating drinking water use subcategories, standardizing how drinking water use and associated subcategories are assigned, and tailoring application of water quality criteria to protect subcategories. This work is intended to meet the Agency’s needs and expectations, as described within this RFP.

3. STAKEHOLDERS:

Under Title 35, Chapter 11 of Wyoming Statutes and Wyoming’s delegated authorities under Section 303 of the federal Clean Water Act, WDEQ is responsible for establishing and updating water quality standards for all surface waters of the state that are contained in Chapter 1, Wyoming Water Quality Rules (Wyoming Surface Water Quality Standards). These standards must include designated uses (e.g., drinking water), water quality criteria, and antidegradation protections necessary to protect those uses. The results of this project will serve as a foundational resource to inform subsequent efforts in the evaluation of Wyoming’s designated drinking water use structure.

SECTION 6: REQUIREMENTS/SPECIFICATIONS

1. SCOPE OF PROJECT:

This project will provide support to the Wyoming Department of Environmental Quality (WDEQ) to conduct a comprehensive and objective national assessment regarding how states develop drinking water designated uses and associated subcategories. The assessment will also characterize the methodologies and data used to assign these uses to surface waters, including relevant technical and legal considerations, and the rationale for the water quality criteria protective of subcategories. Findings from this project will be used to inform the Wyoming Department of Environmental Quality’s (WDEQ) evaluation of potential future refinements to drinking water designated use provisions in Chapter 1, Wyoming Water Quality Rules (Wyoming Surface Water Quality Standards) that may include consideration of a statewide use and value demonstration to establish drinking water use subcategories, standardizing how drinking water use and associated subcategories are assigned, and tailoring application of water quality criteria to protect subcategories. This project will be conducted under four sequential tasks: Task 1 – Project Initiation and Workplan, Task 2 – National Assessment and State Comparison Matrix Development, Task 3 – Draft Report Package, and Task 4 – Final Report Package and Project Closeout.

Task 1.0 – Project Initiation and Work Plan Within 30 days of the notice to proceed, the consultant shall conduct a project kickoff meeting with WDEQ and develop a detailed project workplan. Activities during this task include:

· Kickoff meeting with WDEQ

· Review of project scope, objectives, tasks, and deliverables

· Review and finalize the Project Work Plan that shall include:

· Detailed project schedule and milestones

· Methodology for conducting the national assessment

· Proposed information sources and data collection approach

· Proposed state comparison matrix structure

· Proposed report outline

· Schedule for coordination meetings and progress updates

· Communication plan The consultant shall submit a draft Project Work Plan to WDEQ for review and comment within an agreed-upon review period. The consultant shall address comments provided by WDEQ and revise the Project Work Plan as necessary and obtain WDEQ concurrence prior to proceeding to Task 2.

Task 2.0 – National Assessment and State Comparison Matrix Development The consultant shall conduct a comprehensive and objective national assessment of how states develop drinking water designated uses and associated subcategories. The assessment will also characterize the methodologies and data used to assign these uses to surface waters, including relevant technical and legal considerations, and the rationale for the water quality criteria protective of subcategories. At a minimum, this comprehensive review and synthesis of information shall contain the following:

· How states develop and structure designated drinking water uses within their water quality standards, including whether drinking water use subcategories have been established.

· Methods states use to assign designated drinking water uses and associated subcategories to surface waters, including spatial extent considerations, metrics, thresholds, and decision frameworks.

· Methods and information states use to identify existing, attainable, and reasonably foreseeable future drinking water uses when assigning designated uses consistent with 40 CFR 131.10.

· Use and value demonstrations, use attainability analyses, and other supporting evaluations conducted within the past ten years that address drinking water use attainability, drinking water use assignment, or drinking water use modification consistent with 40 CFR 131.10, including relevant data and analytical methods.

· The technical and legal rationale states use when establishing numeric criteria protective of designated drinking water use and associated subcategories based on Clean Water Act 304(a) human health criteria, organoleptic criteria, National Primary Drinking Water Regulations (MCLs), or National Secondary Drinking Water Regulations (SMCLs).

· How states address designated drinking water use assignments for interstate waters to ensure attainment of downstream state and tribal water quality standards consistent with 40 CFR 131.10(b).

· How states engaged stakeholders and public participation approaches when developing or revising designated drinking water uses and assignment methodologies.

The consultant is encouraged to include additional information not captured by the preceding bullets, as needed, to help achieve the project objective.

Task 2.1 – Technical Memorandum Within 6 months of the notice to proceed, the consultant shall submit to WDEQ a technical memorandum for review within an agreed-upon review period, that documents the preliminary national assessment of state designated drinking water use structures. At a minimum, the memorandum shall include:

· Preliminary state comparison matrix (see Task 3 for a description)

· Summary of state drinking water uses and subcategories

· Summary of state drinking water use assignment methodologies including spatial extent considerations, metrics, thresholds, and decision frameworks

· Preliminary identification of common themes and differences The memorandum should be developed in a manner that its components can be incorporated into the draft report package. The consultant shall address all comments and revise the memorandum as necessary and obtain WDEQ concurrence prior to proceeding to Task 2.2.

Task 2.2 – Comparative Evaluation and Synthesis Within 12 months of the notice to proceed, the consultant shall provide an informational presentation to WDEQ summarizing the preliminary findings from the national assessment. At a minimum, the presentation shall summarize:

· Common drinking water use structures including subcategories

· Common drinking water use assignment methodologies

· Approaches for identifying existing, attainable, and reasonably foreseeable future drinking water uses

· Examples of statewide use attainability analyses or use and value demonstrations for drinking water including relevant data and analytical methods

· Approaches used for interstate waters

· Technical and legal considerations identified during the review

· Preliminary observations regarding information and considerations relevant to future statewide use and value demonstrations for drinking water use WDEQ will provide feedback during and following the presentation and the consultant shall incorporate this feedback into preparation of the draft report package.

Task 3.0 – Draft Report Package Within 16 months of the notice to proceed, the consultant shall prepare a comprehensive draft report package that synthesizes the findings from the national assessment. The draft report package shall include:

· Technical report - a concise report that provides a comprehensive and objective synthesis of state drinking water designated uses, associated subcategories, and assignment methodologies. The technical report shall include at a minimum:

· Comparative evaluation of state designated drinking water uses and associated subcategories.

· Comparative evaluation of use assignment methodologies and a summary of information and data used to support use assignments.

· Common themes and emerging trends.

· Common approaches used for interstate waters and downstream protections.

· Technical and legal considerations.

· Summary of evaluations, including use attainability analyses, use and value demonstrations, and supporting data, that address the attainability, assignment, or modification of drinking water uses.

· Summary of approaches to identify existing, attainable, and future drinking water uses.

· Summary of approaches used for stakeholder engagement and public participation when developing or revising designated drinking water uses

· Identification of information and considerations relevant to future WDEQ evaluations including a statewide use and value demonstration

· State comparison matrix – a searchable and sortable electronic comparison platform (e.g., Microsoft Excel) that summarizes information from the national assessment on state designated drinking water uses and subcategories, assignment methodologies, criteria approaches, and supporting references. This tool must serve as a stand-alone reference for future WDEQ evaluations of drinking water use structure and assignment methodologies.

· At a minimum, the inventory shall include, as applicable:

· State name

· Drinking water designated use name and definition

· Drinking water use subcategories and associated definitions

· Regulatory authority and supporting provisions

· Drinking water use assignment methodologies

· Spatial extent considerations, metrics, thresholds, and decision frameworks used to support use assignments

· Existing, attainable, and reasonably foreseeable drinking water use identification and documentation approaches

· Use attainability analyses, use and value demonstrations, and other statewide or programmatic evaluations related to drinking water use attainability, assignment, or modification

· Criteria development approaches to protect designated drinking water use and any subcategories based on Clean Water Act Section 304(a) human health criteria, organoleptic criteria, National Primary Drinking Water Regulation (MCLs), or National Secondary Drinking Water Regulation (SMCLs).

· Interstate water and downstream protection considerations

· Stakeholder engagement and public participation approaches

· Citations, references, hyperlinks, and source documents supporting the information compiled for each state The state comparison matrix shall include summary tables and comparison features that allow WDEQ to effectively identify common themes, similarities, differences, and emerging trends among state drinking water designated uses and assignment methodologies.

The state comparison matrix shall also be structured to allow future updates and incorporation of additional information by WDEQ.

· Reference library – an electronic library containing statutes, regulations, guidance documents, technical reports, use attainability analyses, use and value demonstrations, and other supporting materials reviewed during the assessment.

The consultant shall provide the draft report package to WDEQ for review and comment within an agreed-upon review period. The consultant shall prepare a written response-to-comments matrix and revise the draft accordingly.

Task 4.0 – Final Report Package and Project Closeout The contractor shall submit the final report package that incorporates all prior WDEQ comments and revisions. The final report package shall include:

· Technical report

· State comparison matrix

· Reference library

· Response-to-comments matrix – a matrix documenting WDEQ comments on the draft report package that describes how each comment was addressed in the final report package.

2. DELIVERABLES AND MILESTONES:

· Project Work Plan Within 30 days of notice to proceed

· Technical report

· State comparison matrix

· Reference library Within 16 months of notice to proceed

· Technical report

· State comparison matrix

· Reference library

· Response-to-comments matrix Within 18 months of notice to proceed

SECTION 7: PROPOSAL SUBMISSION REQUIREMENTS

1. PRE-PROPOSAL CONFERENCE:

1.1. A pre-proposal conference will not be held in connection with this RFP.

2. TECHNICAL PROPOSAL, FORMAT AND CONTENTS:

2.1. Proposals should be submitted in two major sections: the Technical Proposal and the Cost Proposal. Omission of this section or any item within this section may result in the proposal being eliminated. The proposer should, at a minimum, address the following points:

2.1.1. Table of Contents: The table of contents should include all items listed in this section.

2.1.2. Executive Summary: The executive summary will condense and highlight the contents of the technical proposal in such a way as to provide the State with a broad understanding of the proposer’s qualifications and approach to meeting the requirements of the RFP.

2.1.3. Proposer’s Background and Experience: The proposer should include a company summary including the company history, location, office location(s), company size, financial statements (if applicable), and the statement of technical areas of expertise. The proposer should be able to substantiate to the satisfaction of the Agency that the proposer has sufficient resources to complete the project successfully within the time requirements.

2.1.4. Resumes: The proposer should include brief resumes for personnel that will be working on the project, if awarded the contract. The resumes should clearly identify expertise in the functional areas listed in Section 6. Specialized training courses will not be acceptable for demonstration of expertise in the required areas. Proven work experience combined with related education will be the means of substantiating expertise.

2.1.4.1. Resume Format: Each project reference in a resume should include both the customer's name and the time period the person worked on the project, as well as a brief description of the scope of work for that project. In addition, resumes should explain the role and responsibility of each person participating in the project. The State expects that personnel associated with these resumes will be the personnel working on the project, should the proposer be awarded the contract.

2.1.5. References: Corporate references are required from at least three (3) prior clients. In addition, two (2) references are required for each of the staff members being proposed for the project. Whenever possible, an alternative point of contact for each reference should be listed with a phone number and email address. Each reference should depict relevant experience that can be brought to bear during the term of this RFP. In order to ensure current expertise, all work for client references provided should have been completed no more than three years prior to the release date of this RFP.

2.1.5.1. References may be verified during the proposal evaluation by telephone calls made by members of the Evaluation Committee or through e-mail or the United States Postal Service.

2.1.5.2. If contact with the referenced contact person or an alternative that has knowledge of the proposer is not made after reasonable attempts during the designated evaluation period, the reference will be classified as unsatisfactory. All attempts to contact a referenced client will be documented, including the date and time of the attempt.

2.1.5.3. The Agency reserves the right to contact other State of Wyoming agencies regarding engagements they may have had with the proposer’s company in the past, in addition to the references provided in the proposal.

2.1.6. Single Point of Contact: The proposer should identify a single point of contact for all contract management activities. The proposer’s Project Manager’s name and resume should be submitted with the proposal. The successful proposer should not change the Project Manager without written Agency approval.

2.1.7. Proposer’s Project Work Plan: The proposer should submit a work plan that meets the needs of the RFP and indicates a thorough understanding of the scope of work as outlined in Section 6. The proposer should identify realistic person hours of effort and responsibilities for the deliverables and each work activity.

2.1.8. Project Management Plan: The proposal should contain a comprehensive and practical description of the proposer’s plans for project management and control, including staff organization structure, progress reporting, major decision making, sign-off procedures and internal control procedures. The proposer should also indicate flexibility in meeting changes in program requirements and coping with problems.

2.1.9. Project Delays: Proposer should also describe how project delays will be addressed should they occur. This should include assurances that sufficient resources and knowledgeable, experienced staff are available to meet any project schedule.

2.1.10. Contract Exceptions: Proposers should state agreement with all General Provisions and should furnish any exceptions to these provisions.

2.1.11. Staffing and Project Organization: An organization chart should be included with all proposed personnel, including the supervisor level, functional responsibilities, key personnel, and other staff members who will be involved in the project.

2.1.12. Proposer Checklist: The proposer should submit a checklist in which the proposer should evaluate their existing offering compared with the RFP mandatory/optional requirements.

3. COST PROPOSAL FORMAT AND CONTENT:

3.1. Cost Proposal Price Sheets: Each applicable proposer should upload the Technical Proposal and the Cost Proposal Sheets as separate documents, and identify them as such, using the Public Purchase online bidding system. The price to be entered on this page is the total fixed price for time and materials cost. In case of error in the extension of prices in the proposal, unit prices will govern. Cost breakdowns are not included on this page. The proposer should ensure all signatures and identifying numbers are properly affixed to this page in order for the Cost Proposal to be accepted.

4. ORAL PRESENTATIONS / INTERVIEWS:

4.1. Oral Presentations will not be held in connection with this RFP.

SECTION 8: EVALUATION METHODOLOGY

1. OVERVIEW:

1.1. The Agency will conduct a comprehensive, fair, objective and impartial evaluation of proposals received in response to this Request for Proposal. Proposals will be evaluated independently by the evaluation committee members. The evaluation committee shall be made up of members representing the project subject expertise. The evaluation committee will review and score all proposals independently and consolidate the scores in order to determine the award.

2. COMPLIANCE WITH MANDATORY REQUIREMENTS:

2.1. To be considered responsive, a submitted proposal should meet the minimum requirements defined in this RFP. The minimum requirements are intended to ensure that evaluation of the Technical Proposal can proceed and that the Contractor agrees to perform all responsibilities within the RFP.

3. TECHNICAL SCORING AND RANKING:

3.1. PROPOSER BACKGROUND AND EXPERIENCE: 30 Points. Proposer should present materials describing its organization capability to successfully perform the responsibilities of this contract.

3.1.1. Details of previous contractual experience should include the length of time covered by the contract, the types of tasks performed and the results thereof, and a reference that includes a name, current title and telephone number. Emphasis should be placed on experience/implementing projects similar to the scope of work described in this RFP.

3.1.2. At least two (2) project references for current or recently completed (within the last three (3) years) contracts similar in nature to the services required by the Agency for this contract will be included in this section. Contract references should include the name, position, title, and current phone number of the client.

3.1.3. This section will also address overall organizational size, computer resources, financial stability and current contractual obligations. The proposer should include a current financial statement and proof of federal or professional certifications or other credentials.

3.2. STAFFING AND PROJECT ORGANIZATION: 30 Points. The proposer should provide an organization chart with all proposed personnel, including the supervisor level, functional responsibilities, key personnel, and other staff members who will be involved in this project.

3.2.1. The proposer should include brief resumes for personnel that will be working on the project. The resumes should clearly identify expertise in the functional areas listed in the scope of work. Specialized training courses will not be acceptable for demonstration of expertise in the required areas. Proven work experience combined with related education will be means of substantiating expertise.

3.2.2. Two (2) references for each of the staff members being proposed for the project should be included in the proposal. Each reference should depict relevant experience that can be brought to bear during the term of this RFP. In order to ensure current expertise, all work for client references provided should have been completed no more than three years prior to the release date of this RFP.

3.2.3. The proposer should identify a single point of contact for all contract management activities. The proposer’s Project Manager’s name and resume should be submitted with the proposal. The successful proposer should not change the Project Manager without written Agency approval.

3.3. PROPOSER’S PROJECT WORK PLAN: 30 Points. The proposer should submit a work plan that meets the needs of the RFP and indicates a thorough understanding of the scope of work. The work plan should:

3.3.1. Identify all required work activities, milestones and deliverable dates, personnel hours of effort and responsibilities for the deliverables and each work activity.

3.4. APPROACH TO CONTRACT PERFORMANCE: 10 Points. The proposer should describe its approach to meeting the mandatory requirements and specifications as described in the RFP.

3.4.1. Approach in addressing the goals and objectives specified in Section 6.

3.4.2. Approach to a comprehensive and practical plan for project management and control mechanisms, including progress reporting, major decision making, sign off procedures and internal control procedures.

3.4.3. Approach to how project delays will be addressed, and mitigated, should they occur.

3.4.4. Contains assurances that sufficient resources and knowledgeable or experienced staff are available to meet delays.

3.5. VALUE ADDED: 10 Points. This would be any added value that would differentiate the proposer from the other proposals that the Agency may receive.

4. COST SCORING AND RANKING:

4.1. COST ANALYSIS: 10 Points. The cost shall be presented as key deliverables in the form of individual cost and a project total (sum of the deliverables). The State of Wyoming reserves the right to conduct a cost analysis of the proposer’s budget proposal. The analysis will include a review of all the associated costs based on the technical content of their submission. The total project cost should include all of the items listed in the scope of work. If any of the scope of work services cannot be provided in the proposal or the requirement cannot be met, this is to be clearly explained as to why and what alternative approach will be and its associated cost. If there are no exclusions or exceptions, it will be determined that all of the criteria have been met for the price quotes, inclusive of all personnel, overhead, travel, equipment usage, and other miscellaneous costs for the specified contract period.

5. EVALUATION POINT SUMMARY:

6. FINAL RANKING OF PROPOSALS:

6.1. The State of Wyoming will be the sole authority of evaluating…