2024-004_California_Environmental_Quality_Act_Services_RFQ.pdf

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2024-004 California Environmental Quality Act Services
Solicitation number
0000032692
Issued by
California

About this file

This document is a Request for Qualifications (RFQ) issued by the California Department of Conservation (Department) for California Environmental Quality Act (CEQA) and/or National Environmental Policy Act (NEPA) professional services. The Department is seeking qualified firms to provide services related to CEQA compliance when the Department acts as a lead or responsible agency, including preparing all types of CEQA documents, providing review and advice on the adequacy of CEQA documents prepared by others, and monitoring compliance when mitigation reporting is required. The term of the resulting agreement will not exceed five (5) years, and the Department will award a maximum of $3,200,000 for the agreement.

The evaluation and selection process will be based on the qualifications and experience of the firm, including its understanding of the project requirements, experience in the oil, gas, and geothermal extraction industry, organizational capacity, and quality of work products. Firms will be required to submit a statement of qualifications, and the top-ranked firm will be asked to submit a cost proposal for negotiation. The Department will not apply any preference programs such as small business or disabled veteran business enterprise incentives, as the selection process is competency-based.

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Department of Conservation RFQ [2024-004] – California Environmental Quality Act Services

Request for Qualifications for California

Environmental Quality Act Services

RFQ No.: [2024-004] September 6, 2024

CONTENTS

OVERVIEW

1. Overview

1.1. Introduction

1.2. Term/Available Funding

1.3. Scope of Work

1.4. Task Orders

1.5. Competitive Solicitation Process

SUBMISSION PROCESS

2. Procurement Schedule and Questions

2.1. Questions

2.2. Firms bear sole responsibility for checking the State Contracts Register for questions and answers

2.3. Key Action Dates

Table 1: Key Action Dates and Times

2.4. The Department’s Designated Point of Contact

2.5. Proposal/SOQ Deadline and Delivery

2.5.1. Deadline

2.5.2. Electronic submission

2.5.3. Hard copy submissions

2.5.4. Late submissions

2.6. Responsive Proposals

2.7. Modification or Withdrawal of Proposals

2.8. Rejection of Proposals

SELECTION PROCESS

3. Selection Process and Additional Information

3.1. Minimum Qualifications

3.2. Evaluation and Selection

3.2.1. Statement of Qualifications Review

3.2.2. Minimum Qualification Screening

3.2.3. Interviews Evaluation

3.2.4. Final Scoring

3.2.5. Agreement Negotiation Process

3.2.6. No Agreement Until Signed and Approved

3.2.7. Debriefings

3.3. Cost information

3.4. Rate Sheet

3.5. Improper Communications and Contacts

3.6. Addenda

3.7. Subsequent Solicitations

3.8. Disposition of Proposals

3.9. Preference Programs

3.9.1. Small Business Preference

3.9.2. Disabled Veterans’ Business Enterprise (DVBE) Incentive

3.9.3. Commercially Useful Function

3.10. Generative Artificial Intelligence (GenAI) Technology Use & Reporting

3.11. Payee Data Record

3.12. Contractor Certification Clauses (CCC 04/2017)

3.13. Executive Order N-6-22 – Russia Sanctions

3.14. Tax Delinquent Verification Status

PROPOSAL/SOQ REQUIREMENTS

4.Proposal and SOQ Requirements

4.1. General Requirements

4.2. Transmittal Letter

4.3. Executive Summary

4.4. Contents of the SOQ

4.4.1. Staffing Education and Experience

4.4.2. The Firm’s Qualifications and Experience

4.4.2.1. General Qualifications

4.4.2.2. Required Qualifications

4.4.3. Desired Qualification

4.4.4. Past Work

4.4.5. References

4.4.6. Firm’s Capacity

Attachment A: Minimum Qualifications Checklist Attachment B: Statement of Qualifications Evaluation Criteria/Technical Evaluation (100 points possible)

[PLACEHOLDER PAGE FOR STD 213 – THE FOLLOWING IS A SAMPLE, DO NOT COMPLETE OR

SUBMIT WITH THE SOQ]

EXHIBIT A: SCOPE OF WORK

Exhibit B: BUDGET DETAIL AND PAYMENT PROVISIONS

EXHIBIT B, ATTACHMENT 1: COST AND RATE SHEET

EXHIBIT C: GENERAL TERMS AND CONDITIONS

EXHIBIT D: SPECIAL TERMS AND CONDITIONS

EXHIBIT E: ADDITIONAL PROVISIONS

Form/Certification 1: Required Forms and Certifications Checklist Form/Certification 2: Bid/Bidder Certification Sheet Form/Certification 3: Bid/Bidder Declaration Form/Certification 4: California Civil Rights Laws Certification Form/Certification 5: Disabled Veteran Business Enterprise Declarations (STD 843) Form/Certification 6: Darfur Act Certification Form/Certification 7: Iran Act Certification Form/Certification 8: Small Business Preference and Certification Request (STD 811) Form/Certification 9: CCC 04/2017 and STD 204 Form/Certification 10: Generative Artificial Intelligence (GenAI) Reporting and Factsheet

(STD 1000)

OVERVIEW

1. Overview

1.1. Introduction

Pursuant to Government Code 4526, the California Department of Conservation (the Department) is requesting Proposals from qualified firms for California Environmental Quality Act (CEQA) and/or the National Environmental Policy Act (NEPA) professional services where the California Geologic Energy Management Division (Cal GEM) acts as a lead or responsible agency under CEQA (Agreement). The professional services include preparing all types of CEQA documents, providing review and advice on the adequacy of CEQA documents prepared by others, as well as monitoring compliance when CalGEM is the lead agency and mitigation reporting is required.

During the term of the Agreement, the required services will be Task Order-based. The Firm will support the Department in carrying out the various Tasks, listed in Attachment D, Exhibit A, the Scope of Work (SOW). The Department may add additional tasks to the Scope of Work under the Agreement through future Task Orders subject to available funding and contract performance.

1.2. Term/Available Funding

The Department will award a maximum amount of $3,200,000 for the Agreement. No warranty is made, written or implied, as to the actual amount of work that will be requested pursuant to the Agreement. The actual amount of work requested by the Department under the Agreement resulting from this RFQ may be less than what is described in the SOW.

The term of the Agreement resulting from this RFQ will not exceed five (5) years.

1.3. Scope of Work

For a detailed description of the work to be performed, see the SOW, attached in Attachment D, Exhibit A.

1.4. Task Orders

Task Order: All Work under this Agreement shall be performed by written, executed Task Orders (i.e., Task Orders signed by both Parties). Task Orders provide specifics and details of the Work described in this RFQ and will be based on the cost and rate sheet.

1.5. Competitive Solicitation Process

This RFQ is a competency-based selection process in accordance with Government Code section 4525 et seq. The evaluation/selection will be based on the factors/criteria contained in Attachments A through C.

The selection process consists of evaluating Statements of Qualifications (SOQs) and interviews in response to this RFQ. The top three (3) prospective firms will be selected for an interview based on their scored SOQ. Upon completion of the interviews, the Firms will be ranked, and negotiations will be initiated with the most qualified Firms.

Limited negotiations will be held with the most qualified Firm. In the event a satisfactory agreement cannot be negotiated, the Department will terminate negotiations with the most qualified Firm and begin negotiations with the next ranked Firm. In the event a satisfactory agreement cannot be negotiated with the second most qualified Firm, the Department will terminate negotiations with that Firm and begin negotiations with the next ranked Firm. After successful negotiations, an Agreement will be awarded.

For this RFQ, the Department is using a model agreement (Sample Agreement), attached in Attachment D. Prospective Firms are asked to use the Sample Agreement and SOW to develop their approach to responding to the RFQ. Firms must be able to comply with all terms and conditions provided in the Sample Agreement.

SUBMISSION PROCESS

2. Procurement Schedule and Questions

2.1. Questions

Firms requiring clarification of the intent or content of this RFQ or on procedural matters regarding the solicitation process may request clarification by submitting questions directly to Benjamin Brown at servicecontracts@conservation.ca.gov on or before September 11, 2024, by 5:00 (PT). When submitting questions or requests for clarification please use the subject line:

RFQ 2024-004 – California Environmental Quality Act Services.

Written responses to all questions will be collectively compiled and posted through an official addendum on the California State Contracts Register, according to the Key Action Dates and Times section, for the benefit of all Firms. At the sole discretion of the Department, questions may be paraphrased by the Department for clarity.

2.2. Firms bear sole responsibility for checking the State Contracts Register for questions and answers.

2.3. Key Action Dates

The following schedule has been established for information purposes. All deadline times are Pacific Time Zone.

Table 1: Key Action Dates and Times

The following schedule has been established for information purposes. All deadline times are Pacific Time Zone.

KEY ACTION DATE AND TIMES

DESCRIPTION

KEY ACTION DATES AND TIMES

RFQ Release Date: September 6, 2024, at 3:00 PM

Written Question(s) Due By: September 11, 2024, at 5:00 PM

Responses to Questions Posted By: September 16, 2024, at 2:00 PM

Proposals/SOQs Due By*: September 20, 2024, at 5:00 PM

Invitation to Interviews Sent by: October 2, 2024

Interviews Between October 3, 2024 and October 7, 2024

Cost Proposal/Rate Sheet due from the top ranked Firm (subject to change):

October 15, 2024

Anticipated Start Date: October 28, 2024

*All dates subsequent to the Proposal/SOQ deadline may be modified at the discretion of the Department without issuing a formal addendum to this RFQ.

2.4. The Department’s Designated Point of Contact

The Department’s Designated Point of Contact for communications concerning this RFQ shall be as follows:

Benjamin Brown

California Department of Conservation

715 P Street, MS 1807

Sacramento, CA 95814

Email: servicecontracts@conservation.ca.gov mailto:servicecontracts@conservation.ca.gov

Persons intending to submit Proposals in response to this RFQ shall not contact or discuss any items related to this process with any Department staff, other than the Point of Contact listed above, either directly or through intermediaries. Failure to comply with this communication prohibition may result in disqualification. See Section 3.5, Improper Communications and Contacts, for more information.

2.5. Proposal/SOQ Deadline and Delivery

2.5.1. Deadline

All Proposals must be submitted and received by the Department on or before the Proposal due date identified in the Key Action Dates and Times Section 2.3 Table 1.

2.5.2. Electronic submission

Firms are required to submit their Proposals electronically. The Proposal must be a single PDF and shall be printable, searchable, in a read-only format, and shall not require a password to open or print.

The file name shall include the RFQ number and Firm name as shown in the example below:

DOC 2024-004_California Environmental Quality Services Act.pdf

The file shall be submitted via Box.com. Each Firm must email the Department’s Designated Point of Contact listed in Section 2.4 of this RFQ at least two (2) Business Days before the anticipated submittal of its Proposal. The email request shall include:

Firm’s team name;

Firm’s email address; and

The RFQ number

After receipt of the Firm’s email request, the Department’s Designated Point of Contact will provide a link to the Firm to upload its Proposal to a unique cloud folder. Proposals must be received in the specified location no later than the date and time listed in Key Action Dates and Times Section 2.3 Table 1.

2.5.3. Hard copy submissions

Hard Copy submissions will not be accepted.

2.5.4. Late submissions

Proposals received in the Box.com account after the specified date and time listed in the Key Action Dates and Times Section 2.3 Table 1 are considered late and will not be accepted. There are no exceptions. Postmark dates of mailing, email, and facsimile transmissions are not accepted under any circumstances and are not acceptable toward meeting the submission deadline for delivery. Proposals received after the specified date and time will not be considered and will be unopened and returned to the Firms or, where electronically submitted, deleted. Firms are responsible for requesting a receipt or delivery confirmation for their Proposals.

2.6. Responsive Proposals

To be considered responsive the Proposal must:

a) Be compliant without material deviation from the RFQ requirements and in accordance with the terms and conditions of the Agreement.

b) Include the documents identified on the “Required Form and Certifications Checklist” referenced on page 76.

If a Proposal does not meet all the requirements of this RFQ, it may be considered non-responsive and eliminated from further consideration.

The Department may waive immaterial deviations and the Proposal may be evaluated based on the information provided. The Department’s waiver of an immaterial defect shall in no way modify the RFQ or excuse the Firm from complying with all the requirements in the Agreement.

2.7. Modification or Withdrawal of Proposals

Proposals may be withdrawn or modified before the Proposal/SOQ submittal deadline by written request to the Department that is signed by the Firm or an authorized agent.

A Firm may thereafter submit a new Proposal prior to the Proposal/SOQ deadline. The only method for a Firm to modify its Proposal is by withdrawing its submission in its entirety prior to the Proposal/SOQ deadline, by written notification to the Department.

A complete, corrected submission package may be resubmitted prior to the Proposal/SOQ deadline. Modifications offered in any other manner will not be considered.

2.8. Rejection of Proposals

This RFQ does not commit the Department to award a contract, to pay any costs incurred in the preparation of a Proposal in response to this RFQ, or to procure or contract for services or supplies. The Department reserves the right to accept or reject any or all Proposals received as a result of this RFQ, to negotiate with any qualified Firm, or to modify or cancel in part or in its entirety the RFQ if it is in the best interest of the Department to do so.

SELECTION PROCESS

3. Selection Process and Additional Information

3.1. Minimum Qualifications

The Firm must:

a) Be permitted to provide environmental services in the State of California (CA), pursuant to Government Code section 4525, subdivision (f).

b) Qualified to do business within the State of California (registered with the Secretary of State).

c) Have a minimum of five (5) years of experience in preparing environmental documents in accordance with CEQA and NEPA.

d) Not be listed as one of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code.

3.2. Evaluation and Selection

The following summarizes the Proposal/SOQ Review, Evaluation, and Negotiation processes.

3.2.1. Statement of Qualifications Review

The Department shall review and evaluate each SOQ to determine if it meets the requirements contained in Section 4 and Attachments A through C. Failure to meet the material requirements of this RFQ will result in the rejection of the SOQ. SOQs that contain false or misleading statements, or which provide references which do not support an attribute or condition claimed by the Firm, may be rejected.

3.2.2. Minimum Qualification Screening

The Firm must submit all of the required information as described in Attachment A:

Minimum Qualifications Checklist. All of the information identified must be included for the SOQ to be considered responsive. SOQs with missing or incomplete information may be rejected. If a Firm passes this phase, the Evaluation/Selection Committee will evaluate the SOQ based on the criteria described in Section 4 and in Attachment B and determine a consensus score for each criterion. The minimum qualifications screening process is subject to the Department’s sole discretion and the Department reserves the right, but is not required, to advance Proposals due to the Department’s waiver of a defect or pending subsequent resolution of a defect.

3.2.3. Interviews Evaluation

Following the evaluation of SOQs, the Department will invite selected Firms to participate in Interviews. Interviews with the Evaluation/Selection Committee will be held with no fewer than the top three (3) rated Firms, unless fewer than three (3) SOQs are received. The Department may require some or all of the selected Firms’ Key Personnel nominees to participate in the Interviews. The Evaluation/Selection Committee will evaluate the Interviews based on the criteria described in Attachment C and determine a consensus score for each criterion.

3.2.4. Final Scoring

At the conclusion of the SOQ evaluation and Interviews, the Evaluation/Selection Committee will rank the Firms on the basis of total weighted SOQ score (60 percent) plus total weighted Interview score (40 percent) and recommend the Firm with the highest final score for award of the Agreement. For example, if a Firm scores 75 on its SOQ and 80 on its Interview, then its final score would be:

(75 x 0.6) + (80 x 0.4) = 45 + 32 = 77

3.2.5. Agreement Negotiation Process

At the conclusion of the Final Scoring process, the Department will request a Cost Proposal/Rate Sheet from the top-ranked Firm, which will be due to the Department within five (5) Business Days. (Further details are provided in Attachment 1 to Exhibit B of the Sample Agreement, included as Attachment D to this RFQ.) The selected Firm shall provide the Cost Proposal/Rate Sheet for the selected Firm and all proposed Subcontractors. In addition, the top-ranked Firm must submit a payroll register for each proposed employee.

The Department will enter into limited cost negotiations with the top-ranked Firm. If limited cost negotiations are unsuccessful, The Department will terminate all discussions with the top-ranked Firm and, following the same Agreement Negotiation process, enter into limited cost negotiations with the next highest ranked Firm and so on sequentially. After completion of successful negotiations, the Department shall recommend a Firm for Agreement award. Costs and budgetary matters shall be in accordance with Exhibit B of Attachment D.

3.2.6. No Agreement Until Signed and Approved

No Agreement between the Department and the successful Firm is in effect until the Agreement, including related forms, is signed by the Firm and signed by the Department.

3.2.7. Debriefings

Each Firm may request a debriefing with the Department’s Designated Point of Contact. The meeting must be requested within ten (10) Business Days from the date of the Notice of Proposed Award. The debriefing meeting is an opportunity for Firms to receive feedback regarding their own SOQ and Interview performance, which may provide insight for use in future solicitations. Debriefings will be held after the procurement process ends, which is when the Agreement has been executed.

Debriefings will not be used as a forum to protest the outcome of Department’s procurement, and meetings that become confrontational or argumentative will be terminated.

3.3. Cost information

No cost information should be submitted in the RFQ. The most qualified Firm will be asked to submit a detailed cost proposal at a later time.

3.4. Rate Sheet

The Firm will be required to perform the services at the rates identified in a rate sheet that will be negotiated after the most qualified Firm is selected.

3.5. Improper Communications and Contacts

The following rules of contact shall apply to all Firms during this procurement, beginning the date of issuance of this RFQ and ending either upon execution of the Agreement resulting from this procurement or the cancellation of the procurement. These rules are designed to promote a fair and unbiased procurement process. Contact and communications include, but are not limited to, face-to-face interactions, telephone calls, use of web-based meeting platforms (including viewing/sharing information on screen), text message/SMS, facsimile, email, electronic messaging of any kind, or formal written communication, either directly or through an intermediary.

The specific rules of contact are as follows:

After submittal of Proposals, no Firm, or any of its team members, may communicate with another Firm or its team members with regard to the RFQ or any other team’s SOQ with the exception of Subcontractors that are shared between two or more Firm Teams.

In such cases, those Subcontractors may communicate with their respective team members so long as those Firms establish a protocol to ensure that the Subcontractor will not act as a conduit of information between the teams. Contact among Firm organizations is allowed during the Department sponsored informational meetings.

Protocols established to ensure that Subcontractors do not act as conduits of information between teams are subject to the Department review and approval, at the Department’s discretion.

Firms shall correspond with the Department regarding the RFQ only through the Department’s Designated Point of Contact.

Except for communications expressly permitted by this RFQ, or approved in advance by the Department, no Firm or representative thereof shall have any ex parte communications or contact regarding the RFQ or the procurement described herein with any member of the Department. This includes any of the Department’s advisors, contractors, or consultants (and their respective affiliates) that are involved with the procurement.

The foregoing restrictions shall not, however, preclude or restrict communications about matters unrelated to the RFQ, or the procurement, or from participating in public meetings with the Department.

Any communication determined to be improper, at the sole discretion of the Department, may result in disqualification.

The Department will not be responsible for any oral exchange or any other information or exchange that occurs outside of the official RFQ process.

3.6. Addenda

The Department reserves the right to amend the RFQ by addendum before the Proposal/SOQ submission deadline. It is the responsibility of the Firm to check the California State Contract Register for all addenda.

3.7. Subsequent Solicitations

The services described herein are not exclusive, and the Department reserves the right to enter into other agreements covering the same or similar services, or to perform the same or similar services itself or through its agents.

3.8. Disposition of Proposals

Proposals become the property of the State after being submitted to the Department.

Once an Agreement is awarded, Proposals will become a public record and may be publicly released in accordance with the California Public Records Act.

3.9. Preference Programs

Monetary incentive programs are not applicable to this RFQ because cost is not a scored element. The selection process is competency based in accordance with Government Code section 4525 et seq. Therefore, the following incentive programs do not apply to this RFQ:

Disabled Veterans’ Business Enterprise (DVBE) incentives (Military & Veterans Code, §§ 999 and 999.5, subd. (d)).

Small Business incentive (Cal. Code Regs., tit. 2, § 1896.8, Gov. Code, § 14835 et seq).

TACPA preferences pursuant to Government Code sections 4530-4535.3.

3.9.1. Small Business Preference

The Department encourages certified small businesses to submit Proposals. However, the selection process is competency based in accordance with Government Code section 4525 et seq. and cost is not a score element. Therefore, the preference cannot be applied to this selection process.

Firms are strongly encouraged to partner with qualified certified small business to foster the State’s goal of promoting the small business community.

The rules and regulations of this law, including the definition of a small business, are contained in Title 2, California Code of Regulations, Sections 1896 et seq. Additional information is available from the DGS, Office of Small Business Certification and Resources (OSBCR) at (916) 323-5478.

3.9.2. Disabled Veterans’ Business Enterprise (DVBE) Incentive

The selection process is competency based in accordance with Government Code section 4525 et seq. Costs are negotiated with the most qualified firm. Therefore, the DVBE incentive is not being applied to this solicitation.

The Department of General Services, Office of Small Business and Disabled Veteran Business Enterprise Services (DGS-OSDS) is the state’s certifying agency that oversees the Small Business (SB), Small Business for the Purpose of Public Works (SB-PW), and Disabled Veteran Business Enterprise (DVBE) certification programs.

3.9.3. Commercially Useful Function

A certified small business, micro-business, or DVBE must meet commercial useful function (CUF) requirements under Government Code section 14837, subdivision (d)(4).

Selected firms must perform a “commercially useful function” relevant to this RFP. A Contractor is deemed to perform a CUF by executing all of the following:

Is responsible for the execution of a distinct element of the work of the Agreement.

Carries out contractual obligations by performing, managing, or supervising the work involved.

Performs work that is normal for its business services and functions.

Is not further subcontracting a portion of the work that is greater than expected to be subcontracted by normal industry practices.

Is responsible, with respect to products, inventories, materials, and supplies required for the contract, for negotiating price, determining quality and quantity, ordering, installing, and, if applicable, making payment. Its role is not an extra participant in the transaction, contract, or project through which funds are passed in order to obtain the appearance of DVBE participation.

The Department will determine, to the best of its ability, that the Firm meets the criteria above for a CUF. In responding to this RFP, the Firm is confirming that, under Government Code 14837, subdivision (d)(4), its business provides goods and/or services that meet the definition of a CUF. All Firms are required to provide CUF documentation https://www.dgs.ca.gov/PD-OSDS https://www.dgs.ca.gov/PD-OSDS https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify%20or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify%20or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise using the Bid/Bidders Declaration, included in this RFP. When completing the declaration, Firms must identify all Subcontractors proposed for participation in the contract. Any Firm awarded an Agreement is contractually obligated to use the Subcontractor for the corresponding work defined unless the Department agrees to a substitution.

3.10. Generative Artificial Intelligence (GenAI) Technology Use & Reporting

The State of California seeks to realize the potential benefits of GenAI, through the development and deployment of GenAI tools, while balancing the risks of these new technologies.

Bidder/Firms must notify the State in writing if their solution or service includes, or makes available, any GenAI, including GenAI from third parties or Subcontractors.

The State has developed a GenAI Reporting and Factsheet (STD 1000) to be completed by the Bidder/Firm.

Failure to submit the GenAI Reporting and Factsheet (STD 1000) will result in disqualification of the Bidder / Offeror / Contractor.

Failure to report GenAI to the State may void any resulting contract. The State reserves its right to seek any and all relief it may be entitled to as a result of such non-disclosure.

Upon receipt of a Bidder’s/Firm’s GenAI Reporting and Factsheet (STD 1000), the State reserves the right to incorporate GenAI Special Provisions into the final contract or reject bids/offers that present an unacceptable level of risk to the State.

3.11. Payee Data Record

The Firm awarded the contract must complete and submit form STD 204 Payee Data Record, listing their taxpayer identification number if the Department does not have a current copy on file.

No payment will be made unless the Payee Data Record form has been completed and returned to the Department.

3.12. Contractor Certification Clauses (CCC 04/2017)

The Firm awarded the Agreement must complete and submit the Contractor Certification Clauses form (CCC 04/2017) if the Department does not have a current copy on file.

No payment will be made unless the Contractor Certification Clauses form has been completed and submitted to the Department.

https://www.documents.dgs.ca.gov/dgs/fmc/pdf/std204.pdf

3.13. Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

3.14. Tax Delinquent Verification Status

Effective July 1, 2012, California Public Contract Code section 10295.4 requires state agencies to verify the tax delinquent status of Firms responding to state solicitations.

At the time of Proposal evaluation, prior to Agreement award and execution, the Department will verify all proposing Firms and identified Subcontractors are not listed as tax delinquent by the Franchise Tax Board and the California Department of Tax and Fee Administration. Any proposing Firms or Subcontractor listed as tax delinquent shall result in a Proposal rejection and will not be considered for Agreement award.

Proposing Firms wanting further clarification can refer to the statue above or the websites listed below for additional information.

California Department of Tax and Fee Administration – Top 500 Sales Tax and Use Delinquencies in California.

Franchise Tax Board – Top 500 Delinquent Tax Payers.

PROPOSAL/SOQ REQUIREMENTS

4.Proposal and SOQ Requirements

4.1. General Requirements

The SOQ must be typed. Forms and Certifications may be completed in ink, though providing typed Forms and Certifications is preferred. All documents contained in the original SOQ package must be manually or digitally signed by a person who is authorized to bind the Firm or Firm Team member, as applicable. All additional SOQ packages may contain photocopies of the original package. Emailed or faxed SOQs are not acceptable and will not be considered.

SOQ requirements and guidelines:

https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.cdtfa.ca.gov/taxes-and-fees/top500.htm https://www.ftb.ca.gov/about-ftb/newsroom/top-500-past-due-balances/corporate-income-tax-list.html

Documents should be prepared in single-spaced type, 12-point Century Gothic font, on equivalent of 8-1/2 x 11 sheets. Smaller font may be used for graphics labels, charts, figures, tables, and footnotes. A page is a single side of an 8-1/2 x 11 sheet. Should the Firm wish to submit materials that benefit from larger format paper sizes such as charts, drawings, graphs, and schedules, it should do so sparingly. Large format pages will be included in the page limit.

Pages should be numbered to show the page numbers and total number of pages in the response (e.g., Page 1 of 10, Page 2 of 10). Pages should be numbered at the bottom of the page.

The SOQ shall be no more than twenty (20) pages in length, exclusive of the following, which are not included in the page count: the table of contents; transmittal letter;

resumes as required by Section 4.4.1; environmental documents as required by Section 4.4.3; contact information for references as required by Section 4.4.5; and the Forms and Certifications.

Brochures, extraneous publications, such as published articles, directories, lengthy client lists, and miscellaneous materials not specifically requested will not be evaluated.

Unless otherwise provided, all names and applicable titles shall be typed or printed below the signatures.

If submitting as a team, note which entity is the prime Firm or lead joint venture partner, if applicable.

The SOQ must be a pdf and must be divided into sections as follows:

A blank page should precede each section; these blank pages will not be counted within the page count.

Each section must be bookmarked within the electronic file.

At a minimum, the items described in the sections below must be addressed:

Transmittal Letter

Executive Summary

Contents of the SOQ

Sections in the SOQ should be presented in the same order as they appear in this RFQ.

4.2. Transmittal Letter

The SOQ shall be transmitted with a letter that must identify, be signed by, and include the contact information for an owner, officer, or other duly authorized representative authorized to bind the Firm contractually and shall contain a statement that indicates the SOQ is complete and accurate. The Transmittal Letter shall also provide the following: names, titles, addresses, telephone numbers, and email addresses of individuals authorized to negotiate and contractually bind the Firm. Neither the Transmittal Letter, nor the attachments to the Transmittal Letter in this Section, will be included in the page count. The Firm shall affirm in the Transmittal Letter that the Minimum Qualifications described in this Section are met.

The Transmittal Letter must include the following:

The Firm and all Subcontractors that the Firm intends to use to perform services under the Agreement shall be qualified to do business in the State of California. Firms shall attach to the Transmittal Letter copies of Certificates of Status issued by the California Secretary of State within thirty (30) days before the SOQ deadline, confirming the Firm’s and any Subcontractor’s business registration status where applicable. Firms that are not required to register with the Secretary of State shall attach a valid and current business license to operate in each city and county in which the Firm will be providing services.

The Firm shall identify the Firm’s Project Manager assigned to manage any Agreement awarded pursuant to this RFQ. The Firm’s Project Manager may also serve in a Key Personnel position.

All known Subcontractors shall be identified on Form 3 (Bid/Bidder declaration). The successful Firm will be permitted to add additional Subcontractors as allowed by the Agreement during the term of the Agreement.

The Firm shall affirm in the Transmittal Letter that it has or is able to obtain the required insurance specified in the Sample Agreement (Exhibit E of Attachment D of this RFQ).

Certificates of insurance are due to the Department from the successful Firm prior to the execution of any Agreement resulting from this procurement.

The Firm shall attach to the Transmittal Letter all required Forms and Certifications. All Forms and Certifications shall be included in the order in which they are provided in this

RFQ.

The Firm shall affirm in the Transmittal Letter that it or any of its constituent entities, has not been terminated from another contract for default, or has not received a civil judgment or criminal conviction in the past five (5) years.

The Firm shall attach to the Transmittal Letter a commitment from each identified Subcontractor, including any relevant licenses and positions in which the Subcontractor is anticipated to work.

4.3. Executive Summary

Firms must provide an Executive Summary, preferably not exceeding three (3) pages in length, stating key points of its SOQ that the Firm believes highlights its qualifications to provide the services covered under this RFQ. As such, the Executive Summary may emphasize the Firm’s strengths as fully described in the balance of the SOQ.

4.4. Contents of the SOQ

4.4.1. Staffing Education and Experience

Staffing Qualifications, Education, and Experience (No page limit). Provide a Personnel

Narrative that includes:

A resume for each proposed project team member.

Each resume must include:

Name of each key person and title.

Project assignment or role which that person will be expected to fulfill in connection with the Scope of Work.

Name of the firm or organization with whom that individual is presently associated.

Years of relevant experience with present firms and other firms.

Highest academic degree achieved, and the discipline covered (if more than one highest degree, such as two PhDs, list both), the year received, and the particular technical/professional discipline that individual will bring to the project.

Synopsis of experience, training, or other qualities.

The relevant experience of the proposed Project Manager or Principal proposed Deputy Project Manager, and major team members. Care should be taken to limit resumes to only those personnel specialists who will have major responsibilities (e.g., Air Quality, Water Quality, Geology and Soils, Mineral Resources, and Engineering).

Provide an organization chart for the Work that includes all individuals who will be designated as the Firm Principal(s), Project Manager(s), and Senior employees of the Firm and Subcontractors. The organization chart should show the proposed relationships between the Firm Principal(s), Project Manager(s), Senior and key personnel, support staff, and other resources that are expected to participate in the Work.

4.4.2. The Firm’s Qualifications and Experience

4.4.2.1. General Qualifications

The Firm must demonstrate it has knowledge of sensitive environmental and community issues associated with California with a focus on oil, gas, and geothermal extraction and uses; experience in aesthetics, biology, land use, population, water quality, visual effects, noise, traffic, air quality, cultural resources, hazardous materials, mineral resources, geology/soils, population/housing, public services, tribal cultural resources, utilities/service systems and recreation; CEQA experience, particularly efficient management of complex and controversial CEQA projects including management of public participation and of mitigation monitoring and reporting plans. Subconsultants that meet the minimum qualification described in this section are allowed.

This includes knowledge and experience in all subject areas that a CEQA Lead or Responsible Agency must consider and evaluate, including all resource areas under the Environmental Checklist Form (Cal. Code Regs., tit. 14, §15000 et seq., Appendix G). The Firm must have the ability to provide staff who can address all areas of expertise mentioned in SOW.

Therefore, the Firm must have a wide range of expert services available and be able to provide services in the following areas:

Resources Area Expertise

Aesthetic and scenic resources analysis

Agriculture and forest resources analysis

Air quality analysis

Biological resources analysis

Climate change analysis

Greenhouse gas emissions analysis

General and community planning analysis

Cultural, archeological, and paleontological resources analysis

Energy analysis

Environmental justice analysis

Geology and soils analysis

Hazards and hazardous materials analysis

Environmental toxics and hazards due diligence, remediation plans for environmental hazards, and required permits.

Hydrology and water quality analysis

Land use and planning analysis

Mandatory findings of significance analysis

Mineral resources analysis

Noise and vibration analysis

Population and housing analysis

Public health analysis

Public services and infrastructure analysis

Recreational resources analysis

Transportation analysis

Tribal cultural resources analysis

Utilities and service systems analysis

Wildfire and wildfire risk analysis

Consulting Expertise

Conceptual mitigation plans and recommendations

Environmental impact analyses and specialized environmental studies

Monitoring and reporting on mitigation measures, compliance, etc.

Obtaining permits and approvals from relevant agencies

Preparation of all or portions of environmental documents required by CEQA, NEPA, and regulatory and federal agencies (including permit support, graphics, presentations, public noticing, records of decision, all required filings, data management including preserving data for public records and website creation and management)

Preparation of other documents including, but not limited to:

Initial budget assessments

Project budgets

Public notices (including for state and federal environmental review)

Project approval documentation

State and federal permits

4.4.2.2. Required Qualifications

The Department, as a CEQA Lead or Responsible Agency, primarily performs environmental review, evaluation, coordination, and prepares documentation to support the CEQA review of oil, gas, and geothermal extraction permit applications and other related environmental review activities.

The following shall be considered when scoring the Firm:

Knowledge and experience in all aspects of the CEQA and NEPA processes, relevant federal, state, and local laws, regulations, and policies, including, but not limited to, the National Historic Preservation Act, California and federal Endangered Species Acts, and California and federal water quality, air quality, and cultural resource laws.

Demonstrated experience of the Firm in development of high quality, legally defensible environmental documents in the oil, gas, and geothermal extraction industry.

Knowledge and experience in natural resource regulation and the permitting processes.

Experience that includes the writing and directing the preparation of environmental documents in compliance with CEQA Guidelines and/or as principal reviewer for a public agency for a minimum of three (3) years.

Experience and ability of the proposed Project Manager to keep the Project on budget, and to communicate Project status, issues, and concerns with the Department’s Project Manager.

Experience with the California accessibility requirements.

4.4.3. Desired Qualification

The Firm has prior experience successfully and collaboratively working with federal agencies and agencies within California, who serve as Lead and Responsible agency in reviewing permit applications for resource development. Experience with oil, gas, and geothermal, as well as in depth experience using WellSTAR. Experience writing and directing the preparation of groundwater investigation reports in compliance with

CEQA.

4.4.4. Past Work

The Firm shall provide previous experience of the prime consultant and subconsultant in performing the work described in Section 4.4.2, Qualifications and Experience. Firm must include a description of at least five (5) examples of work successfully completed and filed with the State Clearinghouse within the past five years that demonstrate the Firm’s competence to perform work similar to that required. (NOTE: digital “links” to examples of environmental document work products that are readily accessible to reviewers are acceptable).

Additionally, the discussion of past experience should explain how the Firm meets the following past experience criteria:

Experience performing the tasks within the SOW provided in Attachment D, Exhibit A;

Demonstration of cost saving methodologies used on past projects; and

Demonstration of successful and repeatable past approaches to delivering high-quality outcomes within schedule constraints.

4.4.5. References

The Firm shall provide names, addresses, and telephone numbers for at least three (3) clients for whom the Firm has performed the relevant services on projects of similar scope and complexity to support the past experience provided in response to Section

4.4.3 of this RFQ. Multiple references may be needed for each demonstrated service category, and Firm’s should identify what type of services were provided for each reference so that the Department can discuss such past work with the reference.

Contact information for the references should be attached to the Transmittal Letter; all other information regarding references and past performance shall be attached to the body of the SOQ and be included in the page count. As further detail, for each reference project identified, the Firm shall provide the following information:

The name of the client;

The title of the project or assignment;

Current contact phone numbers and email addresses for the client;

The scope of the project;

The name of the Firm Team member that worked on the project;

The start and end dates of the Firm Team member’s work on the project;

A summary statement for each project; and

Examples of innovative approaches that contributed to project quality, safety, and/or cost or schedule savings.

4.4.6. Firm’s Capacity

The Firm’s ability to efficiently perform the Work within project timelines is an important criterion for this solicitation. Given the Department’s goals to accomplish as much Work as possible under the Agreement, Firms will be evaluated on their organizational capacity. Firms must discuss their other anticipated commitments, intentions, and activities during the term of the Agreement, and how they will accomplish the Work despite these other commitments and activities. Simple statements that the Firm does not anticipate any other commitments or activities during the Agreement term will not necessarily be scored favorably without further explanation.

Firms should also discuss their organizational capacity, including but not limited to, staff resources, equipment/supply availability, and their ability to efficiently mobilize resources in response to Task Orders. Firms should highlight any prior experience overcoming staff, equipment, supply or other resources challenges in similar projects and how such experience will translate to the Work.

Attachment A: Minimum Qualifications Checklist

# Minimum Qualification Yes No

1. Was the Proposal received no later than the date and time listed in Table 1?

2. Did the Firm submit an electronic version of its Proposal to the Department’s cloud folder? Is the electronic PDF file printable, searchable, bookmarked, and read-only? Can the PDF be opened and printed without a password?

3. Is the SOQ typed?

4. Is the SOQ no more than twenty (20) pages in length, exclusive of the transmittal letter, Key Personnel resumes, past environmental documents, contact information for references, the Forms and Certifications, and table of contents?

5. Did the Firm submit a Transmittal Letter with the following information?

Proof of valid and appropriate registration as qualified to do business in California;

Identification of a Project Manager;

Resumes for all identified Key Personnel;

All necessary information and forms required;

Affirmation that the Firm has, or is able to obtain, the required insurance, specified in the Sample Agreement in Attachment D of this RFQ;

References as required in Section 4.4.5;

Affirmation that Firm, or its constituent entities, has not been terminated from another contract for default or has not received a civil judgment or criminal conviction in the past five (5) years;

A letter of commitment from each identified Subcontractor, including relevant licenses and positions in which the Subcontractor is identified to work;

A statement that the Firm’s SOQ is complete and accurate; and

Affirmation that the Minimum Qualifications of Sections 3.1 and

4.4.2 of this RFQ have been met.

6. Form/Certification 1: Required Form/Certification Checklist

7. Form/Certification 2: Bid/Bidder Certification Sheet

8. Form/Certification 3: Bid/Bidder Declaration

9. Form/Certification 4: California Civil Rights Laws Certification

10. Form/Certification 5: Disabled Veteran Business Enterprise Declaration (DVBE team members)

11. Form/Certification 6: Darfur Contracting Act Certification

12. Form/Certification 7: Iran Contracting Certification

13. Form/Certification 8: Small Business Preference and Certification Request (STD 811)

14. Form/Certification 9: CCC-04/2017 and STD 204

15. Form/Certification 10: STD1000 GenAI Reporting & Factsheet

16. Is the Firm listed as tax delinquent by the Franchise Tax Board and/or the California Department of Tax and Fee Administration?

Attachment B: Statement of Qualifications Evaluation Criteria/Technical Evaluation (100 points possible)

Criteria* Maximum Score

Firm’s Score*

1. PERFORMANCE AND EXPERIENCE

The quality, depth, and relevance of the following items:

The Proposal demonstrates experience in all subject areas that a CEQA Lead or Responsible Agency must consider and evaluate, including all resources areas under the Environmental Checklist Form, Appendix G. (8 Points)

Demonstrated experience working with the National Historic Preservation Act, State and federal Endangered Species Acts, and State and federal water quality, air quality, and cultural resource laws. (8 Points)

Experience performing the Work required for the Project for Subcontractors employing Key Personnel. (8 Points)

Firm examples of applicable cost savings and schedule improvement methodologies utilized on past projects. (3 Points)

Firm examples of successful and repeatable past approach to delivering high-quality products with schedule constraints. (3 Points)

2. ORGANIZATION AND KEY PERSONNEL

The extent to which:

The proposed project organization presents a clear and logical framework. (2 Points)

The proposed team structure demonstrates a cohesive team with effective communication within its organization. (3 Points)

The management approach is responsive to the RFQ requirements.

(2 Points)

KEY PERSONNEL AND ROLES

The extent to which:

The Project Manager has the individual qualifications, professional skills, and sufficient experience to effectively lead and manage the Project. (2 Points)

The qualifications and professional skills of the Key Personnel (except for the Project Manager, which is evaluated in [(d)] above) are appropriate for the roles assigned. (3 Points)

The past experience of the Key Personnel is sufficient to demonstrate the ability to effectively deliver the Work required for the Project. (3 Points)

3. UNDERSTANDING OF PROJECT REQUIREMENTS

The extent to which:

The Firm demonstrates an understanding of the Work required for the Project. (10 Points)

The Firm demonstrates an understanding of potential challenges and appropriate methods/approaches for overcoming challenges. (10 Points)

4. EXPERIENCE, UNDERSTANDING, AND PRESENCE IN THE OIL, GAS,

AND GEOTHERMAL EXTRACTION INSDUSTRY

The extent to which:

The Firm demonstrates practical knowledge of the unique characteristics, settings, historical practices, and challenges that may be issues associated with oil, gas, and geothermal extraction.

(6 Points)

The Firm has experience working on similar projects and working with state or local agencies (cities/counties) on oil, gas, and geothermal extraction permitting and regulation. (4 Points)

5. ORGANIZATIONAL CAPACITY

The extent to which:

The Department has confidence that the Firm can accomplish the Work considering the Firm’s other anticipated commitments, intentions, and activities during the term of the Agreement. (5 Points)

The Firm has organization…

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