A#3 - Q&A - RFP PHAA 2026_0002 - ECMC Orphan Well MTOC.pdf

Amendment #3 - Questions & Answers (Q&A)

RFP PHAA 2027*0002

ECMC Orphan Well MTOC

A. The following questions, and the answer to each, were received:

1. Will this be a single contract awarded to a qualifying team that can offer all services? Or will it award like last contract cycle to multiple specialty firms?

i. In an effort to provide the full scale of services needed, ECMC is seeking to make multiple awards through this RFP.

2. Can we add additional lines for other equipment and services?

i. No

3. What is the BOP configuration? (139)

i. As needed for each job and approved by the ECMC Project

Managers (PM).

4. What is BWQ equipment package? (140)

i. Baseline Water Quality Equipment for Environmental contractors.

5. On lines 141 – 146, is says inches, is that supposed to be in single, hundreds, or thousands of feet? (141-46)

i. Those are casing nominal diameters in inches

6. What volume is required for the high-volume incinerator? (154)

i. Include the size proposed in the notes.

7. What classification cement is required? (148)

i. Class G

8. What size circulating tank is required? (149)

i. Include the size proposed in the notes.

9. Can you please provide details on data logger and transducer application?

(150)

i. As needed for each job and approved by the PM.

10.What size drill bits will be needed? (151)

i. Include the size proposed in the notes.

11.What size drill collars are required? Do you want pricing for handling tools as well? (152)

i. Include the size proposed in the notes, include tools.

12.There is a large variety of fishing tool available and often required. Do you have a list or do you require an hourly for all options with redress included? (153)

i. As needed for each job and approved by the PM.

13.What size and pressure is required for the lubricator? (158)

i. As needed for each job and approved by the PM.

14.What size mill bits are required? (159)

i. As needed for each job and approved by the PM.

15.What size and style packers are required? (160)

i. As needed for each job and approved by the PM..

16.What size shots and shots are required for the perf gun? (162)

i. As needed for each job and approved by the PM..

17.For the plug and retainer setting charge is there pressure, will it be off a crane or rig, and average depth? (163)

i. As needed for each job and approved by the PM.

18.What size separator is required? (167)

i. As needed for each job and approved by the PM.

19.What size, connection, and grade of tubing is required? (179)

i. As needed for each job and approved by the PM.

20.If an Offeror selects a service category but proposes only a subset of the professional or technical services within that category, will equipment, material, or labour items that are outside the Offeror's proposed scope

(but within the category) be considered “absent pricing data” under the

Section 4.5 price evaluation criteria and adversely affect the Offeror's score?

i. No. As stated in Section 4.5, proposing teams who do not offer a particular service or item will not be penalized if the Rate Schedule has no pricing for lines associated with services not offered.

Offerors should select "Service Not Provided" or include an explanatory note in the Notes column.

21.Section 3.5.A states that a proposing team may select any number of the

16 service categories, including fewer than all 16. Please confirm that a proposal offering a subset of categories (for example, Monitoring and

Sampling, Soil Analysis, and Stormwater Controls) will be considered a fully responsive proposal, provided all other submittal requirements in

Section 3.0 are met for those categories.

i. Confirmed. There is no minimum requirement on service categories proposed.

22.Does the scope of this MTOC anticipate any need for geophysical services

(e.g., ground-penetrating radar, magnetometer survey, subsurface utility mapping) as part of well identification, site investigation, or as a "natural extension" service under Section 1.2? If so, under which of the 16 service categories should this work be priced?

i. Yes, geophysical services and utility mapping may be utilized during site investigation or well location verification. This work may be priced under Section 3 (Pre/Post Plugging Methane Emissions &

Well Identification) or Section 18 (Soil & Site

Analysis/Investigation), or included as a pass-through specialized service at the Task Order level.

23.How does ECMC want Offerors to address services offered and/or equipment that are not on Exhibit B – Rate Sheet provided via Colorado

Vendor Self Service, but are relevant to assessment and remediation work?

i. Offerors should detail specialized technical capabilities or non-listed equipment within their proposal narrative (Sections 3.3/3.4) and utilize the Notes column on Exhibit B or propose them as subcontracted pass-through items during Task Order scoping.

24.Do the Team Qualifications (3.3) and Project Qualifications (3.4) narratives count toward the 20-page limit, or may qualifications/resumes for multiple subcontractor firms be provided as attachments outside the page count?

i. No additional pages are allowed for qualifications/resume’s for subcontractor firms.

25.Google Forms submission is limited to one upload (1 GB) unless a

Request for Confidentiality is filed. May all required documents

(Submission Form, Team/Project Qualifications, Rate Schedule, Model

Contract redlines) be combined into a single PDF.

i. An exception shall be made for the Excel Spreadsheet. Please combine all the other documents into one pdf; therefore, Offerors may have up to three uploaded documents, specifically: 1) the combined pdf document, 2) the Exhibit B spreadsheet, and 3) a redacted proposal (if the Offeror chooses to request confidentiality).

26.Given that submission is only via VSS or Google Forms, are electronic/typed signatures acceptable on the Submission Form and the

Certification of Independent Price Determination, or is a scanned wet-ink signature required?

i. Digital or wet ink signatures are both acceptable.

27.The project is funded under Assistance Listings DOI-15.018, DOI-15.236, EPA-66.046, and DOE-81.089. Do Davis-Bacon and Related Acts (DBRA) wage requirements referenced in Exhibit A 1.2.4 apply to all task orders regardless of funding source.

i. Yes. Please refer to Amendment #2 for more information.

28.Do Buy America / Build America, Buy America (BABA) domestic-content requirements apply to materials or equipment procured under this contract given the federal funding sources identified?

i. Yes. Please refer to Amendment #2 for more information.

29.Section 5.11 states the Colorado Special Provisions are non-negotiable but otherwise invites redlines to the Model Main Task Order Contract.

Does the redline process also extend to Exhibit A (Scope of Work), Exhibit

B (Rate Sheet), or Exhibit D

i. For the purpose of concluding this RFP, redline of the Model Main

Task Order is all that is requested. Redlines to Exhibit A, B, or D are not requested.

30.Mobilization/Demobilization. Where should Offerors price these two items on Exhibit B e.g., is Mobilization/Demobilization priced solely through the per-mile "Mob/Demob" equipment line, and is Daily Reporting considered a non-separately-compensable

i. Mobilization/Demobilization should be priced per-mile. Daily

Reporting is to be included and is not separately-compensable

31.On-Call Services payment is described as "a percentage of the total costs per location," but no corresponding line exists on the Rate Schedule for

Offerors to propose this percentage. Where or how should Offerors submit a proposed On-Call Services %

i. On call services will be determined by the PM when task orders are issued. It is not on the Rate Sheet and will not be considered when evaluating offers.

32.Payment for Pre/Post Plugging Methane Emissions is based on "fees as paid only as shown on the Contractor's Invoices" (i.e., cost-reimbursable), which doesn't map cleanly to a fixed unit-cost field. How should Offerors reflect pricing.

i. Hourly or daily rates .

33.The Contractor is stated to be "not responsible for Bradenhead sample analytical costs." Please confirm who arranges and pays for this laboratory analysis.

i. The Contractor is not responsible for Bradenhead sample analytical costs.

34.Exhibit A 2.2.10 states travel time, per diem, lodging, and incidentals "shall be included in unit rates," while RFP 3.5.C states "Mob and demob pricing will be excluded to allow for travel or transport." Please reconcile.

i. Equipment transport is compensated via the Mob/Demob per-mile line on Exhibit B. Per diem and lodging for crew members are excluded from standard hourly unit rates and will be reimbursed separately at published CONUS rates when overnight stays are authorized in advance by the ECMC PM.

35.Several tasks permit use of a "third party Environmental Consultant approved by the ECMC Project Manager." Should third-party consultant costs be priced as subcontracted labor/equipment lines on Exhibit B, or handled as a cost-reimbursable pass-thru

i. Approved third-party environmental consultant costs may be priced using equivalent professional labor categories on Exhibit B or submitted as pass-through costs with disclosed markups at the

Task Order level upon PM approval.

36.Submission of ECMC forms is excluded from the Scope of Work. Does this exclusion also cover Contractor-prepared technical content that supports those forms (e.g., wellbore diagrams or Form 6I supporting data required under 4)

i. No. Contractors are required to prepare and submit all supporting technical deliverables, daily activity logs, wireline/cement summaries, and analytical data required for ECMC staff to complete regulatory filings.

37.Each equipment line item provides two unit-cost fields (an "HR" column and a "DAY" column). Should Offerors complete both an hourly and a daily rate for the same item, or only one?

i. Offeror should complete one rate either hourly rate or daily rate based on how the Offeror intends to bill for the service.

38.Several rows in the provided workbook appear duplicated (e.g., "Slickline" and "Fence - Tube gate - 20'" each appear twice), and the "Winch Truck" row appears to be missing its DAY-rate column. Will a corrected Rate

Schedule template be issued?

i. Yes, a corrected Exhibit B Rate Schedule template addressing duplicate entries and missing columns will be issued via VSS as part of Amendment #3.

39.Instruction ONE directs Offerors to "click a checkbox" for each scope section offered; the underlying cells in the provided workbook are formatted as TRUE/FALSE values rather than native checkbox controls.

Please confirm the correct method.

i. When completed in Microsoft Excel format, checkbox should be visible. If format issues persist entering "TRUE" or placing an "X" in the header cell for each scope section on Exhibit B is acceptable to indicate offered services.

40.For an Offeror whose subcontractor pricing varies by region, is a single blended/average statewide rate acceptable in lieu of the "multiple subcontractors offered with varied pricing" note, so as to avoid being scored as having "absent pricing data"

i. Yes. Submitting a single blended or not-to-exceed (NTE) maximum statewide unit rate is acceptable and encouraged to ensure clear pricing evaluation across all regions.

41.May Offerors add labor titles, equipment items, or materials not currently listed on the Rate Schedule (beyond using the Notes column to rename existing categories) for services they provide that do not map to an existing line item?

i. For the purpose of concluding this RFP, requesting contract exceptions of the Model Main Task Order is permissible per the

RFP. Redlines to Exhibit A, B, or D are not permissible and may result in vendor disqualification due to non-responsiveness.

42.Scope of Work & Technical - Will the ECMC provide engineering details

(e.g., well construction records, casing and cement configuration, total depth, perforation intervals, and prior mechanical integrity history) for wells that will require plugging and abandonment as part of each task order, or will contractors be expected to obtain this information independently through the ECMC online database?

i. Yes. ECMC Orphaned Well Program personnel will research and design plugging plans for wells requiring plugging when requesting contractor estimates for each task order.

43.Scope of Work & Technical - For pre- and post-plugging methane emission sampling (Rate Schedule Section 3), please identify the sampling protocol, instrumentation specifications, measurement duration, and reporting thresholds the ECMC requires, or the guidance document the ECMC intends contractors to follow.

Pre- and post-plugging methane emission sampling technology is changing rapidly. Specific sampling protocol will be left up to the consultant. Any method selected must be approved by the PM, be capable of quantifying down to 1 gram per hour and comply with ECMC

900 Series Rules. Flexibility allows for advancements in technology.

44.Scope of Work & Technical - For TENORM testing (Rate Schedule Section

10), please confirm whether survey and sampling should follow CDPHE

TENORM regulation thresholds, and whether transportation and disposal of TENORM-impacted materials at a licensed facility is within the contractor's scope or handled separately by the State.

i. Yes. They will need to follow CDPHE's Part 20 for TENORM, and transportation and disposal of TENORM-impacted materials at a licensed facility is the contractor's responsibility.

45.Scope of Work & Technical - How will differing or unknown wellbore conditions encountered during plugging operations (e.g., obstructions, parted or corroded casing, fishing operations, or lost circulation) be handled contractually — as time-and-materials work under the awarded

Rate Schedule, or through task order change orders?

i. Through task order change orders. Section 19 of the Scope of Work is intended to address unknown subsurface conditions discovered during work. The Contractor will notify ECMC Project Manager if conditions encountered in the field are beyond the proposed scope of work while performing the field activities. The Contractor must obtain approval from ECMC OWP Project Manager. Some scenarios may require task order contract amendments.

46.Scope of Work & Technical - Will the ECMC secure surface access and landowner agreements for OWP sites prior to task order issuance, or is landowner notification and access coordination within the contractor's scope?

i. ECMC will secure access and landowner agreements.

47.Scope of Work & Technical - Is the supply of water, cement, and disposal capacity for plugging operations the contractor's responsibility under the

Rate Schedule, or will the State furnish or separately procure any of these?

i. Acquisition of water, cement, and disposal capacity will be the responsibility of the contractor.

48.Scope of Work & Technical - Can the ECMC share the anticipated approximate volume of task orders (number of wells or sites per year) and their expected geographic distribution by basin over the initial contract year?

i. Task order volume will vary depending on orphaned well site priorities and the type of federal and state funding available throughout the five year period.

49.Team Qualifications & Licensing - Are ECMC plugging contractor registrations, licenses, or plugging-related bonds required to be held by the Prime Contractor, or may they be held by the subcontractor performing well plugging operations?

i. In general, when bonds are required these are typically held by the

Prime Contractor. Contractor registrations, licenses may be held by the subcontractor performing operations when appropriate. This will need to be determined on a case by case situation.

50.Team Qualifications & Licensing - For evaluation of Team Qualifications under RFP Section 4.3, will subcontractor safety records and reportable accident data be scored together with the Prime Contractor's data, or evaluated separately?

i. Subcontractor safety records will not be evaluated under this RFP.

51.Rate Schedule & Pricing - For mobilization/demobilization priced per mile, please confirm the measurement basis — e.g., one-way or round trip, and whether mileage is measured from the contractor's nearest established place of business to the OWP site.

i. Please submit a per mile rate as requested. Actual payment will be determined when task orders are issued.

52.Rate Schedule & Pricing - Where an offeror's internal labor titles diTer from the Rate Schedule labor categories, is it acceptable to price the closest equivalent category and provide a title crosswalk in the Notes column?

i. Offerors should use their company’s own job or position rate to schedules to submit in their proposal under the RFP. Do not attempt to offer a price for US Department of Labor wage determination job classifications, as the published federal wage data varies by Colorado county, and the labor classifications may also change many times over in the coming five years.

53.How should weather delays or State-directed standby time be invoiced — are standby rates permitted in the Rate Schedule Notes, or is standby non-compensable?

i. Exhibit B Rate sheet, line 169: Service Rig <150,000 lb. derrick - standby Exhibit B Rate sheet, line 171: Service Rig Service Rig >150,000 lb. <220,000 lb.

derrick - standby lb. derrick - standby

Exhibit B Rate sheet, line 173Service Rig >220,000 lb. derrick - standby

54.Are third-party analytical laboratory costs to be included within the applicable unit rates, or invoiced as pass-through costs with the disclosed subcontractor markup? Are contractors required to use laboratories with established contracts with the ECMC?

i. Lab costs are to be invoiced as pass through.

55.Contract & Federal Provisions - Beyond the insurance requirements in

Section 10 of the Model Main Task Order Contract, will the State require well control / blowout or similar specialty coverage for well plugging operations, by either the Prime Contractor or the plugging subcontractor?

i. No.

56.Administrative - Does the State anticipate making multiple awards by service category groupings, or will each awarded MTOC encompass all services oTered by that proposing team?

i. The ECMC anticipates awarding one MTOC contract to each selected proposing team to encompass all services offered by that team.

57.Administrative - Please confirm that a cover letter, table of contents, and organizational chart are included within the 20-page limit, and whether résumés, if included, count against the limit.

i. Offerors should include all information that they deem most representative of their capabilities within the 20 page limit.

58.Section 1.2 states the Department “may award to a single or multiple offerors,” while Section 2.1 states “DNR will enter into a single contract.”

Please clarify whether ECMC intends to award one statewide MTOC or multiple MTOCs. If multiple awards are made, will individual task orders be competed among awarded MTOC holders, or assigned directly by the

Project Manager?

i. Multiple MTOCs will be awarded. Individual project contracts will be assigned by the PM.

59.Section 5.12 requires that an Offeror have no interest, direct or indirect, that would conflict with performance of the required services. Will the

State consider a firm’s existing ECMC contract for orphaned or marginal well program management, engineering oversight, or invoice and compliance review to constitute an organizational conflict of interest precluding award under this MTOC, or precluding participation as a named subcontractor? If so, may such a firm mitigate the conflict through a scope limitation or organizational firewall, and will the State issue a written determination prior to the proposal submission deadline?

i. No, current contracts are not considered to constitute an organizational conflict of interest.

60.Section 2.6 identifies four assistance listings (DOI-15.018, DOI-15.236, EPA-66.046, and DOE-81.089). Because prevailing wage, Build America

Buy America, and reporting obligations are not uniform across these funding sources: (a) will the State identify the applicable funding source and associated federal requirements within each individual task order; and

(b) should Rate Schedule labor pricing be built to Davis-Bacon wage determinations, to non-Davis-Bacon commercial rates, or may Offerors submit alternate rate columns keyed to funding source? Separately, Section 1.9 lists Exhibits A, B, and D but no Exhibit C, please confirm whether an Exhibit C exists and should be reviewed.

i. All Contracts should be priced for compliance with DBRA and

BABAA.

61.RFP Section 1.2 Purpose states, “The Department may award to a single or multiple offerors capable of fulfilling the Agency’s project needs.” Does the State contemplate making awards to multiple, qualified offerors for the same service area and then issuing RFPs for competitive task order awards?

i. In an effort to provide the full scale of services needed, ECMC is seeking to make multiple awards through this RFP. Making awards to multiple, qualified offerors in the same service area is a possibility - if it is in the best interest of the State.

62.RFP Section 3.4 Project Qualifications states that offerors can provide one to three project qualifications that demonstrate expertise in each of the services offered to the State. This section further states that “quals may overlap service areas”. Please confirm that a single project qual could potentially be used to demonstrate experience in all 16 service areas, or that up to 48 separate quals may be required to present a maximum of three examples for each of the 16 service areas if addressed individually.

i. That is correct. There are many projects that encompass multiple aspects of the work. Offerors should submit projects that accurately document their abilities in the areas in which they propose to provide services.

63.Exhibit B, Rate Sheet, Instruction ONE states, “Click a checkbox for each section of the scope your firm hopes to be contracted to provide. Your proposal will be evaluated separately for each section you check. You may check 1 box, 7 boxes, or any combo in between.” RFP Section 3.5, A.

Services Offered states, “In the proposal, it is acceptable to select any of the 16 boxes, including all 16 boxes, if the proposing team’s prime firm or at least one of its subcontractors has evidence demonstrating a contractor that is qualified to perform each service offered.” Please confirm that an offeror can select all 16 scope sections (3-18), not just up to 7, on the

Rate Sheet if the offeror’s proposal demonstrates with project qualifications that the prime offeror or a proposed subcontractor on the offeror’s team has experience in all 16 services.

i. Offerors may select all 16 Scope Section services (3-18)

64.Will ECMC staff be responsible for project management of each orphan well reclamation and revegetation project, or will ECMC rely on consultants to provide ongoing project coordination, management, and monitoring throughout implementation?

i. ECMC/OWP Project Managers will be responsible for management of Projects including Technical oversight, Remediation and

Reclamation. Monitoring will be conducted by third party

Professional Services Consultants as approved by the Project

Manager.

65.If consultants are expected to perform these services, please clarify which labor type classification would apply to technical oversight, project management, and monitoring in regard to QA/QC and subject matter expertise ensuring the work meets regulatory requirements, reclamation success criteria, and long-term vegetation objectives. These activities do not appear to be specifically identified within the listed labor classifications.

i. ECMC/OWP Project Managers will be responsible for management of Projects including Technical oversight, Remediation and

Reclamation. Monitoring will be conducted by third party

Professional Services Consultants as approved by the Project

Manager.

66.Will the labor classifications above apply to each of the following categories?

● 13 - Stormwater Controls

● 14 - Backfill, Grading, And Re-Conturing

● 15 - Seedbed Preparation And Planting

● 16 - Weed Control

● 17 - Fencing

● 18 - Soil Analysis

i. Yes, standard labor classifications (Equipment Operator, Field

Technician, Specialist, etc.) apply to all corresponding field tasks in categories 13 through 18.

67. How many contractors will be awarded this program for the entire State of

Colorado?

i. Unknown.

68.How are the job classifications determined regarding the Davis-Bacon prevailing wages?

i. Job classifications will use a cross walk tool that maps all common oilfield labor categories onto U.S. Department of Labor job classifications used in published Colorado wage determinations.

This tool will be provided to all selected firms prior to the first field work start date.

69.Does ECMC have a standard hourly rate schedule for prevailing wages?

i. No, ECMC does not have standard hourly rates. Federally published wage determinations for each Colorado county in the

ECMC project will apply if project funding and project activities trigger compliance with Davis Bacon and Related Acts (DBRA).

70.Is there a cross-over? ie – workover rig operator is not listed on the

Davis-Bacon prevailing wages; what classification would they use?

i. Job classifications will use a cross walk tool that maps all common oilfield labor categories onto U.S. Department of Labor job classifications used in published Colorado wage determinations.

This tool will be provided to all selected firms prior to the first field work start date.

71.Are the [DBRA] wages determined by the area the contractor is working in or by the contactor’s home location?

i. DBRA wages are determined by federal published wage determination for the county where project activities occur and not a contractor's home county.

72. Clarification regarding solid and liquid waste management: if provided, is the operator to provide the disposal location or only the handling of the waste?

i. The Contractor is responsible for handling, transporting, and identifying permitted commercial disposal facilities for approval by the ECMC PM.

73.On the Rate Schedule, there is listed “Groundwater Supplies” and “Misc

Field Supplies” - How do we price these? Also, how do we break down the costs of individual supplies?

i. Propose unit rates (per day or per job) for standard field supply packages on Exhibit B. An itemized breakdown may be included in the Notes column or submitted during Task Order cost estimation.

74.BWQ Equipment Package - What equipment is to be included in the package?How do we assign the cost; i.e. what if a piece of equipment in the package isn’t used?

i. BWQ packages include standard water quality meters and sampling equipment. Billing is based on actual equipment authorized and deployed per day/job under the Task Order.

75.In section 4.5 Price, there is a reference to the market price average for

Colorado oilfield contracted services. Is this information available to bidders. We could not find it online.

i. Market price average refers to the average of the "same line" prices in all accepted proposals received from this RFP.

76.Regarding section “3.4 Project qualifications” are we only allowed to provide 3 total qualifications examples or are we allowed to provide 1-3 qualifications per services offered to the state?

i. Offerors may provide 1 to 3 project qualifications per service offered. Overlapping quals that cover multiple service areas are encouraged to maintain compliance with page limits.

77.What types of things will the state be looking for from a process audit to meet the requirements?

i. Process audits (Section 5.25) evaluate invoicing accuracy, supporting documentation, safety compliance, certified payroll records (DBRA/LCPTracker), and adherence to State contract terms.

78.We work closely with several Subcontractors who offer different services, and we wanted to see if it were okay if we utilized a sub in our proposal who is also applying for the proposal themselves?

i. Yes, this is acceptable.

79.RFP section 2.1 states DNR will enter into a "Single Contract," whereas section 1 allows awards to "single or multiple offerors." Is the intent to award one prime contract covering all SOW tasks, or multiple separate contracts across tasks?

i. Multiple MTOCs will be awarded.

80. May a subcontractor pursue an individual contract and also be included as a subcontractor on a larger contract under a prime?

i. Yes, a firm may submit a proposal as a Prime Contractor and also participate as a named subcontractor on another Prime

Contractor’s proposal.

81. Award Structure, Volume, and Territory: How many MTOC awards does the State anticipate making under this solicitation? Once multiple contractors hold MTOCs, how will Task Orders be allocated among them

— rotation, geographic assignment, mini-competition on price among

MTOC holders, or Project Manager discretion?

i. The number of MTOCs that shall be awarded is unknown.

Individual project contracts will be assigned by PMs at their discretion.

82.Award Structure, Volume, and Territory: Can the State provide the estimated number of well locations and/or the anticipated annual program budget by State Fiscal Year for FY27 through FY31? This information would allow bidders to size crews, equipment commitments, and bonding capacity appropriately.

i. No.

83.Award Structure, Volume, and Territory: May a proposing team limit its service territory to specific regions of Colorado, or must all offered services be priced and available statewide? Section 3.5.C of the RFP refers to "different geographic areas of your service territory," but the Rate

Schedule provides no place to define that territory.

i. Yes, a proposing team may limit its service territory to specific regions of Colorado.

84.Rate Schedule (Exhibit B) Mechanics: Scope of Work Sections 1 (Daily

Reports) and 2 (Mobilization and Demobilization) each state that payment will be made "at the Exhibit B price," but neither section has a corresponding checkbox or pay line on the Rate Schedule. How should bidders price these items, and are they mandatory for all awardees regardless of which service boxes are checked?

i. Daily reporting costs are not billable as a separate line item and should be included. Mobilization and Demobilization costs should be entered under Mob/Demob in the Bidder's Unit Costs in Exhibit

B.

85.Rate Schedule (Exhibit B) Mechanics: RFP Section 3.5.C states that mob and demob pricing "will be excluded," yet the Rate Schedule includes a

"Mob/Demob — Mile" line and Scope of Work Section 2.3 provides for payment at the Exhibit B price. Please clarify which provision controls and what the Mob/Demob per-mile line is intended to cover.

i. The sentence: “Mob and demob pricing has been excluded to allow for travel or transport by any firm on the proposing team to the

OWP site.” has been deleted.

86.Rate Schedule (Exhibit B) Mechanics: Scope of Work Section 19 prices

On-Call Services as "a percentage of the total costs per location." Where on the Rate Schedule should that percentage be entered, and will it be evaluated as part of the price criterion in Section 4.5?

i. On call services will be determined by the PM when task orders are issued. It is not on the Rate Sheet and will not be considered when evaluating offers

87.Rate Schedule (Exhibit B) Mechanics: Rate Schedule Instruction THREE directs bidders to exclude per diem costs and states that per diem will be reimbursed at GSA CONUS rates. Scope of Work Section 2.2.10, however, states that per diem and incidentals "shall be included in unit rates on the Contract Rate Schedule." Please confirm that per diem is to be excluded from all unit rates and reimbursed separately at CONUS rates.

i. Per diem will be reimbursed separately at published CONUS rates when overnight stays are authorized in advance by the ECMC PM

88.Rate Schedule (Exhibit B) Mechanics: Scope of Work Sections 13 through

17 (Stormwater Controls, Backfill/Grading/Recontouring, Seedbed

Preparation and Planting, Weed Control, and Fencing) each provide for lump sum payment per Project Location. The Rate Schedule contains only unit-based lines (AC, LF, EACH, HR) for these activities. Will lump sums be built up from these unit rates at Task Order time, or is a separate lump-sum price expected in the proposal?

i. Stormwater Controls, Backfill/Grading/Recontouring, Seedbed

Preparation and Planting, Weed Control, and Fencing should be priced as shown. Project location sums will be addressed with Task

Orders.

89.Rate Schedule (Exhibit B) Mechanics: For equipment lines that show both an HR column and a DAY column, must bidders complete both columns, or is either acceptable? Will a bidder be scored down for pricing on only one unit basis?

i. More flexible pricing is preferred.

90.Rate Schedule (Exhibit B) Mechanics: Several Scope of Work sections state that certain costs — disposal fees, laboratory analysis, methane screening, and purchase of clean fill — will be paid "as shown on The

Contractor's Invoices," i.e., at cost. The Rate Schedule also contains priced lines for Disposal (CY) and Soil Analysis (EACH). Which approach governs, and is any markup permitted on cost pass-through items?

i. “Disposal” has been removed.

91.Rate Schedule (Exhibit B) Mechanics: Liquid waste is measured in oilfield barrels per Scope of Work Section 11.3 and solid waste in tons per

Section 12.3, while the Rate Schedule "Disposal" line is expressed in cubic yards. Please reconcile the units of measure for waste handling, transportation, and disposal.

i. “Disposal” has been removed.

92.Rate Schedule (Exhibit B) Mechanics: RFP Section 3.5.C instructs bidders not to provide a price where subcontractor pricing will differ across geographic areas, while Section 4.5 states that Rate Schedules with absent pricing data will be rated lowest. Would a statewide not-to-exceed maximum price be scored more favorably than a blank line carrying the

"multiple subcontractors offered with varied pricing" note?

i. Exhibit B, Rate Sheet, has a column for notes. Offerors may note that pricing will vary or may note not-to-exceed amounts.

Not-to-exceed amounts are preferred.

93.Rate Schedule (Exhibit B) Mechanics: The Rate Schedule column header reads "Bidder's Unit Cost Equipment that is owned or under long term lease." How should bidders price equipment obtained through short-term rental, and will rental equipment be evaluated differently from owned equipment?

i. Equipment obtained through short-term rental will not be considered.

94.Rate Schedule (Exhibit B) Mechanics: Apart from the standby lines provided for service rigs, how will owner-directed standby time be compensated for crews and other equipment? Scope of Work Section 1.2 requires standby hours to be tracked and reported daily, but the Rate

Schedule contains no corresponding standby pay lines.

i. Authorized, owner-directed standby time for non-rig crews/equipment will be compensated at negotiated standby hourly rates (typically crew labor only) established in individual Task

Orders.

95.Davis-Bacon and Related Acts: Federal Provisions Section 4.D requires the non-Federal entity to place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. Will the applicable wage determination(s) and the counties they cover be issued by amendment prior to the proposal deadline?

i. The ECMC will provide the applicable wage determination(s) to contractors considered for each task order, not during the RFP process. Because the task order contemplates specific activities at specific sites and will be awarded during the five year period following the conclusion of the RFP, the task order award date is the point where the federally published wage determinations are applied to the project.

96.Davis-Bacon and Related Acts: Which Scope of Work sections does the

State consider subject to Davis-Bacon and Related Acts — all field work, or only construction-type activities such as backfill, grading, and reclamation? Specifically, does DBRA apply to downhole plugging operations?

i. Davis Bacon and Related Acts (DBRA) requirements apply to many plugging and roustabout operations, many environmental services involving earthmoving and other construction related labor, and many reclamation services involving earthmoving and other construction related labor. Environmental sampling, site inspections, office based report writing, mowing, spraying, and seeding are the most common exempt services.

97.Davis-Bacon and Related Acts: Labor rates on the Rate Schedule are fixed statewide, while DBRA prevailing wage determinations vary by county and are updated periodically. Given the annual escalation cap in

RFP Section 2.4 (the lesser of 7% or average chained CPI), what relief is available to the Contractor if prevailing wage determinations increase labor costs beyond that cap during the term?

i. Contractors concerned about wage determination inflation that outpaces the CPI cap detailed in the RFP should propose high enough rates in year one to sustain their performance for five years of uncertain differential change rates in wage determinations compared to the CPI. Contractors should note that, for the

Colorado oil and gas contractors working on ECMC projects from

2022 to 2026, ECMC rarely saw a wage determination labor rate higher than the contractor's labor rate which required an increase in contractor crew pay.

98.Insurance, Bonding, and Subcontractors: Section 10 of the Model Main

Task Order Contract requires each Subcontractor to obtain and maintain the same insurance limits as the Prime Contractor, including pollution liability of $1,000,000 per occurrence and $2,000,000 annual aggregate.

Will the State accept scaled limits for lower-risk subcontractors (for example, fencing, seeding, or weed control), or coverage of those subcontractors under the Prime Contractor's policies?

i. Subcontractors who are not providing construction services and are providing Personal Services will not be required to obtain and maintain pollution liability insurance - that requirement is specific to contractors offering construction services.

99.Insurance, Bonding, and Subcontractors: Scope of Work Section 2.2.5 references payment of premiums for performance and payment bonds.

Are bonds required under this contract? If so, at what dollar threshold, and are they required per Task Order or contract-wide?

i. The ECMC, to comply with federal grant terms, must require performance bonds and labor and material bonds on all federally funded projects consisting of construction activities with a total cost estimate above $250,000. Projects consisting of environmental sampling, site inspections, office based report writing, mowing, spraying, and seeding are exempt from project bond requirements.

The ECMC does not anticipate requiring any bonds for State funded projects.

100. Insurance, Bonding, and Subcontractors: Section 10.J requires certificates evidencing Subcontractor insurance within seven Business

Days following the Effective Date, while RFP Section 3.3 expressly contemplates adding new subcontractors as the State assigns work.

Please confirm that Subcontractor certificates are due within seven

Business Days of execution of each subcontract rather than of the

Contract.

i. Subcontractor certificates of insurance are due within seven (7)

Business Days of execution of each specific subcontract agreement or prior to the subcontractor mobilizing to a project site.

101. Insurance, Bonding, and Subcontractors: If a subcontractor is added after award, how will its rates be established, given the prohibition in RFP

Section 5.13 on adding markups post-award? Will the Prime Contractor be permitted to apply the same markup percentage disclosed in its proposal?

i. The ECMC/OWP Project Manager will review all subcontractor's rates for fairness and reasonableness in the form of the project cost estimate prepared by the Contractor. If a newly added subcontractor's rates do not meet this State procurement criteria, the Contractor will need to find an alternative subcontractor or adjust the subcontractor's pricing. When the Project Manager approves the project cost estimate, all quoted rates are incorporated into the Task Order as Exhibit B.

102. Insurance, Bonding, and Subcontractors: Are all subcontractors required to independently maintain an active SAM registration and Unique

Entity ID under Federal Provisions Section 3, or does that requirement apply only to the Prime Contractor?

i. The State does not require Prime Contractors to provide proof of their subcontractors SAM.gov registration and status.

103. Proposal Format and Administration: Does the 10 double-sided page limit in RFP Section 3.1 include the project qualification write-ups required by Section 3.4 and the key personnel information required by Section 3.3?

May resumes, safety records, certificates of insurance, or an organizational chart be submitted as an appendix outside the page limit?

i. All submitted qualifications must fit within the overall 10 double-sided page (20 single-sided pages) limit

104. Proposal Format and Administration: Section 3.4 requires one to three project qualifications for each service offered. For a proposing team checking all 16 service boxes, is there a cap on the total number of project http://sam.gov qualifications that may be submitted, and how does that interact with the page limit?

i. There is no numerical cap on project qualifications, but all submitted qualifications must fit within the overall 10 double-sided page (20 single-sided pages) limit.

105. Proposal Format and Administration: The Submission Form asks the

Offeror to agree to the "unaltered Model Main Task Order Contract terms and conditions," while Sections 3.6 and 5.11 invite Offerors to submit requested changes in redline format. How should a bidder that submits redlines answer that question on the Submission Form without being deemed non-responsive?

i. The question does not determine responsiveness. It confirms whether or not the Offeror has requested exception to the Terms and Conditions of the Model Agreement. Offerors who wish to request contract exceptions shall check “No” for this question and submit exceptions in accordance with section 5.11, which does not invite or encourage such requests, but allows it.

106. Proposal Format and Administration: How does the State define

"reportable accidents in the most recent 5 year time period" for purposes of Section 3.3 — OSHA recordable incidents, DART cases, or lost-time incidents only? Should this figure be reported for each firm's total operations or limited to oilfield work?

i. Severe safety or environmental event that companies are legally required to report to government regulators

107. Proposal Format and Administration: Will the top candidate interviews described in Section 1.3 be conducted virtually or in person, and are the key personnel identified under Section 3.3 expected to attend?

i. As noted in section 4.1 of the RFP, interviews may not be conducted (to be determined at discretion of the Evaluation

Committee). If Interviews are conducted shall be held virtually, and

Offerors may use their discretion in determining who from their teams they would like to attend.

108. Proposal Format and Administration: As a well servicing company – will the State consider awarding a Bid that ONLY includes items that are directly sourced from us while we leave the services we do not directly provide blank?

i. The ECMC is seeking well qualified contractors and will consider awarding contracts to contractors who specialize in a specific area.

109. Could you provide additional information regarding the anticipated workload under the Colorado Orphan Well Program? Specifically, we would like to understand the expected cadence of work throughout the contract term. For example: 1) Is the work expected to be released on a continuous basis, or in larger batches at specific intervals? 2)

Approximately how many wells or projects are anticipated to be awarded under this solicitation? 3) Is there an estimated monthly, quarterly, or annual volume of work that contractors should plan for? 4) Does the State anticipate a consistent backlog of orphan wells requiring plugging, or will the workload fluctuate based on funding and project approvals?

i. Task order volume depends on orphaned well site priorities and the type of federal and state funding available throughout the five year period.

110. Scope of work, number of wells, location, types of wells or specific wellbore diagrams available?

i. Details of specific contracts will be addressed with Task Orders

111. Cement pump is not listed in rate sheet, should we assume the triplex pump is the cement pump or do you intend on adding one?

i. Cement pumping methods can vary. The Cement cost on line 148 is for the total cost of the cement when placed .

112. Can we add additional line items to bid list?

i. No.

113. Is every contractor that is awarded a contract under this MTOC required to do weekly payroll?

i. No. Weekly payroll filing applies to only periods during which a selected contractor performs in the field under a task order that

ECMC has issued with federal funding above $2,000 or state funding above $500,000 AND which contain labor activities classified as construction. Projects consisting of environmental sampling, site inspections, office based report writing, mowing, spraying, and seeding are exempt from these requirements.

114. Is every contractor that is awarded a contract under this MTOC required to use LCP tracker for Davis Bacon wage reporting?

i. No. LCPTracker payroll filing applies only to periods during which a selected contractor performs in the field under a task order that

ECMC has issued with federal funding above $2,000 or state funding above $500,000 AND which contain labor activities classified as construction. Projects consisting of environmental sampling, site inspections, office based report writing, mowing, spraying, and seeding are exempt from these requirements.

115. Is this MTOC funded with federal or state funds?

i. Funding will be determined at the task order level. Task order agreements will vary and may include federal funds, state funds, or a combination of both state and federal funds.

116. How long after the MTOC is awarded will contracts be issued?

i. Task order issuance is anticipated to start promptly after the completion of the RFP process and final MTOC (umbrella) contracts. Task order volume depends on orphaned well site priorities and the type of federal and state funding available throughout the five year period.

117. Will contracts be issued to all of the awarded MTOC contractors at the same time? If not, what will the order that the contracts are issued to contractors be?

i. Selected MTOC contractors will be announced with a Notice to

Award. The timing for drafting contracts is expected to vary based on the number of awarded contractors.

118. Exhibit B, Rate Sheet: Is the Mob/Demob per mile rate on the Rate

Sheet intended to cover the entire fleet and crew to get to a project site or is it intended to cover separate pieces of equipment? If the per-mile rate is intended to cover full mobilization for each project, how should the contractor price this item considering that each project may require different disciplines, crews, materials, and equipment?

i. The per-mile rate is intended to cover full mobilization for each site, and should cover the expense of moving typical equipment. Sites that vary significantly can be addressed with the Task Order.

119. Will Davis Bacon Wage Determinations be applicable at the task order level and issued with RFP for the specific task order(s)?

i. Davis Bacon requirements will be determined for each task order when executed. Additional formal RFPs will not be used to issue task orders. Instead, one or more MTOC prime contractors will be asked to estimate their costs for specific project scopes and, if the

Project Manager approves, will award the task order to an MTOC prime contractor.

120. Will the Contractor(s) under the awarded contract have the option to not submit proposals on some task orders RFPs received under an awarded contract?

i. Yes.

121. What are the warranty requirements?

i. Details of specific contracts will be addressed with Task Orders

122. Please confirm that no bid bond is required.

i. The ECMC, to comply with federal grant terms, must require performance bonds and labor and material bonds on all federally funded projects consisting of construction activities with a total cost estimate above $250,000. Projects consisting of environmental sampling, site inspections, office based report writing, mowing, spraying, and seeding are exempt from project bond requirements.

The ECMC does not anticipate requiring any bonds for State funded projects.

123. Please confirm that no performance and payment bonds are required.

i. The ECMC, to comply with federal grant terms, must require performance bonds and labor and material bonds on all federally funded projects consisting of construction activities with a total cost estimate above $250,000. Projects consisting of environmental sampling, site inspections, office based report writing, mowing, spraying, and seeding are exempt from project bond requirements.

The ECMC does not anticipate requiring any bonds for State funded projects.

124. Please confirm that no liquidated damages apply.

i. Details of specific contracts will be addressed with Task Orders

125. Please confirm tax exemption status for contractors under the MTOC.

i. Because of its tax exempt status, the ECMC shall never be charged

Colorado State or local government sales tax by a contractor performing under MTOC awards. Regarding how State payment of

MTOC Contractor invoices functions, MTOC contractor tax-exempt status depends strictly on contractor/Offeror's legal organization type and formal recognition by the Internal Revenue Service (IRS).

MTOC awards services will be classified as Purchased Services and are considered 1099 reportable income.

126. Will the State furnish any property for contractor…