Amendment_2-Questions_and_Comments_Final.pdf

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Attached to
Stream and Wetland Mitigation Credits for the Tennessee Department of Transportation-UPDATED
Solicitation number
RFQ 40100-51532
Issued by
Davidson County, Tennessee

About this file

This document is Amendment #Two to a Request for Qualification (RFQ) #40100-51532 issued by the State of Tennessee Transportation Department for Stream and Wetland Mitigation Services. The RFQ seeks a contractor to provide comprehensive mitigation services, including land acquisition, financial assurances, site identification, negotiation of conservation easements, long-term stewardship, and management of mitigation sites and banks. The contract is scheduled to run for five years, with key dates including the RFQ issuance on September 11, 2025, a pre-response conference on September 22, 2025, the RFQ response deadline on November 7, 2025, and oral presentations scheduled for December 8-9, 2025. The State plans to schedule respondent oral presentations and complete technical response evaluations in November and December 2025, with a targeted contract start in the first year of the agreement.

The State has budgeted $15,000,000 for the contract's maximum liability, though it does not guarantee minimum purchases. The contractor will be responsible for all aspects of mitigation sites, including long-term stewardship and management, with TDOT only purchasing credits. The payment methodology will involve invoicing based on specific service descriptions, with potential for reimbursement of direct costs. The contract is separate from existing TDOT Mitigation On-Call contracts and will provide additional services not currently performed, such as construction of mitigation sites. The State has not predetermined the total number of mitigation bank projects but expects projects to begin within the first year of the contract. Respondents are allowed to bring multiple representatives to the virtual oral presentations, which will be limited to one hour.

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RFQ # 40100-51532 – Amendment # Two Page 1 of 5

STATE OF TENNESSEE

TRANSPORTATION

REQUEST FOR QUALIFICATION # 40100-51532

AMENDMENT # TWO

FOR STREAM AND WETLAND MITIGATION

SERVICES

DATE: October 24, 2025

RFQ # 40100-51532 IS AMENDED AS FOLLOWS:

1. This RFQ Schedule of Events updates and confirms scheduled RFQ dates. Any event, time, or date containing revised or new text is highlighted.

EVENT

TIME

(Central Time Zone)

DATE

(all dates are State business days)

1. RFQ Issued September 11, 2025

2. Disability Accommodation Request Deadline 2:00 p.m. September 18, 2025

3. Pre-Response Conference 10:00 a.m.

September 22, 2025

4. Notice of Intent to Respond Deadline 2:00 p.m. September 24, 2025

5. Written “Questions & Comments” Deadline 2:00 p.m. September 29, 2025

6.

State response to written “Questions & Comments”

October 24, 2025

7. RFQ Response Deadline 2:00 p.m. November 7, 2025

8.

State Completion of Technical Response Evaluations

November 21, 2025

9.

State Schedules respondent Oral Presentations (ONLY Respondents who qualify per Section 5.2.1.)

December 1, 2025

10. Respondent Oral Presentations December 8 – 9, 2025

11.

RFQ Cost Proposal Opened (ONLY for the apparent successful Respondents)

December 10, 2025

12. RFQ Negotiations (if applicable) December 11 – 12, 13.

State Notice of Intent to Award Released and RFQ Files Opened for Public Inspection

December 15, 2025

14. End of Protest Period December 22, 2025

15. State sends contract to Contractor for signature January 5, 2025

16. Contractor Signature Deadline 2:00 p.m. January 12, 2025

2. State responses to questions and comments in the table below amend and clarify this RFQ.

Any restatement of RRFQ text in the Question/Comment column shall NOT be construed as a change in the actual wording of the RFQ document.

RFQ # 40100-51532 – Amendment # Two Page 2 of 5

RFQ

SECTION

PAGE

QUESTION / COMMENT STATE RESPONSE

RFQ

Attachment D

Pg.

23-24

1. Attachment D (Cost Proposal)

- To confirm, should equipment costs be included within the Cost Proposal (Attachment D), or are these expected to be accounted for separately?

All personnel necessary to perform the duties of this contract shall be accounted for in Attachment D – Cost Proposal. Please note that Respondents shall not alter Attachment D

– Cost Proposal by including additional cost-related items. Doing so may deem the Respondent as nonresponsive. Please see RFQ Section 3.1.4 for additional information regarding the Cost Proposal.

Direct costs may be reimbursed by the State in accordance with Pro Forma Contract section C.4. and Pro Forma Contract Attachment Four.

RFQ

Attachment D

Pg.

23-24

2. Attachment D (Cost Proposal)

- To confirm, are per diem and lodging expenses expected to be included in the personnel hourly rates, or may they be invoiced separately under the Contract?

Travel compensation shall not be included in the hourly rates submitted in the Cost Proposal.

Please see Pro Forma Contract sections C.3.a, C.4, and Attachment Four regarding travel compensation.

RFQ

Attachment D

Pg.

23-24

3. Attachment D (Cost Proposal)

- If a proposer has additional personnel not listed on Attachment D, how should hourly rates be quantified for roles? Should those rates not be included in the cost proposal?

The service and job descriptions found in the Cost Proposal and Pro Forma Contract Attachment Two are the only personnel that shall be accounted for and servicing this contract. No other job descriptions will be considered or included in the contract.

A Respondent shall not include any other rates in the Cost Proposal. Doing so may deem the Respondent as nonresponsive. Please see RFQ Section 3.1.4 for additional information regarding the Cost Proposal.

RFQ

Attachment B, B.13

Pg. 18 4. Attachment B, Section B, Item Ref. B.13. - Can the State provide example Work Orders to help respondents forecast anticipated staff hours and allocate resources more accurately?

This is a new contract; we do not have examples to provide.

RFQ

Attachment B, B.13

Pg. 18 5. Attachment B, Section B, Item Ref. B.13. - Do key personnel resumes submitted in response to Attachment B, Item Reference B.13 count toward the 75-page Technical Response limit, or are they excluded as an appendix?

Resumes will count as part of the appendix and not towards the 75 page limit.

RFQ Section

4.9, RFQ

Attachment B, B.14

Pg. 9- 10, 18

6. 4.9; Attachment B, Section B, Item Ref. B14. - Are conservation easement holders and long-term stewards considered subcontractors that must be identified in the proposal, or are they excluded from the subcontractor disclosure requirement?

While they are considered subcontractors, the State recognizes that they may not be identified at this time. They will be subject to Pro Forma section D.7. at the time they are identified.

RFQ

Attachment G, Pro Forma Contract

Pg.

33-34

7. Pro Forma Contract, A.7 - In Section A.7a. - Is the reference to the “Environmental Compliance Unit” a typographical error, and should it instead read

That is a typo and should refer to the Environmental Mitigation Office. Please see Item 3 below.

RFQ # 40100-51532 – Amendment # Two Page 3 of 5

PAGE

QUESTION / COMMENT STATE RESPONSE

“Environmental Mitigation Office”?

General Question

N/A

8. Will the Contractor be required to provide:

a. land acquisition services,

b. capable of providing financial assurances for PRM mitigation project(s) or Banks(s)

c. services to identify, negotiate, and contract long term easement holders, and long-term stewardship funds, typically required of full delivery mitigation projects and establishment of mitigation banks?

Yes, the contractor should provide these services or subcontract them.

General Question

N/A

9. Will the Contractor be the official “Mitigation Sponsor” or “Mitigation Bank Sponsor” taking on full liability for the mitigation project success?

Yes, the contractor will be responsible or have a subcontractor that can fill that role.

General Question

N/A

10. Will PRM and/or Mitigation

Bank Credit Development contract under a different type of financial contract? Such as lump sum with payment milestones.

Mitigation banks will have payment occur as credits are released, as detailed below in the State’s response to Question 13. With respect to PRM please see Item 3 below for adjustments to the contract’s payment structure regarding PRM projects.

General Question

N/A 11. The seventy-five (75) page limit excludes maps, graphs, and charts which are included as an appendix. Are the samples of previous work which are requested in Section C also excluded from the seventy-five (75) page limit or just the (maps, graphs, and charts) included in the reports)

Yes, The State will allow these to be included as an appendix and excluded from the 75-page limit.

General Question

N/A 12. Will this contract be replacing the current TDOT Mitigation On-call Contracts or will they be advertised in the future?

This is a separate contract from the on-call.

Attachment G, Pro Forma Contract, Attachment Four

Pg.

56-57

13. Attachment Four of the Pro Forma Contract “Statement of Work” has a line “Mitigation Credit (insert Type)”. What would be included in the cost of this line? Would this be the cost to develop a mitigation credit or would it be the cost of a mitigation credit that was already developed and released for sale?

You would include the credit type. For example, stream or wetland, and the cost per credit. This would be an “all-inclusive” cost per mitigation credit, including development.

RFQ

Attachment F, Reference Questionnaire

Pg.

27-28

14. The Reference Questionnaires cannot be completed by an individual who is a current State employee of the procuring State agency. With Section A.4 requesting Evidence “from at least two (2) State Departments of Transportations or other

Please see Item 3 below.

RFQ # 40100-51532 – Amendment # Two Page 4 of 5

PAGE

QUESTION / COMMENT STATE RESPONSE

governmental entity…” can the request evidence letter come from an individual who is a current State employee of the procuring State agency?

RFQ

Attachment G, Pro Forma Contract

Pg.

35-36

15. On Page 4 and 5 of the Pro Forma contract, are the provided Service Description line items going to be the only line items that can be invoiced for all services to be provided under the awarded contract?

Are these just examples, or are these the defined line items (only items) to be used for invoices under the contract?

C.3. details the contract Payment Methodology. This table is an exact duplicate of RFQ Attachment D – Cost Proposal. The Service Descriptions on both documents are the only Service Descriptions and personnel that shall be invoiced under this contract.

Additionally, Pro Forma Contract Attachment Four allows for the awarded Contractor to invoice the State for direct costs. Direct costs may be reimbursed by the State in accordance with Pro Forma Contract section C.4. and Pro Forma Contract Attachment Four.

General Question

N/A 16. What is the volume of work anticipated for this contract?

The State has budgeted $15,000,000.00 for the contract Maximum Liability. Please note that the State does not guarantee minimum purchases.

General Question

N/A 17. Why is this not tied directly to the Mitigation On-Call?

This contract will provide additional services that are not performed under the on-call contract. For example, construction of mitigation sites.

General Question

N/A 18. Does this preclude the Respondent from doing other mitigation work with TDOT through the on-calls?

No, that is a separate contract.

RFQ

Attachment G, Pro Forma Contract

Pg. 39 19. Are there restrictions for adding potential subcontractors later in the process depending on specific project needs that are not known at this time?

Please refer to Section D.7. of the Pro Forma contract

General Question

N/A 20. How many people are allowed to attend the oral presentations if selected?

Oral presentations will be held virtually;

therefore, invited Respondents may bring as many people as necessary to present on the oral presentation items within the one (1) hour limit.

Please see RFQ Section 5.2.1 for more information regarding the oral presentations.

General Question

N/A 21. For mitigation bank and PRM development, does the State expect the contractor to secure land and conservation easements, or will TDOT identify the sites?

The contractor will be responsible for all aspects of the mitigation site, including long term stewardship, long term management, site ownership. TDOT will only purchase credits.

General Question

N/A 22. Are there identified watersheds of interest? What are they?

Not currently.

General Question

N/A 23. How many mitigation bank projects does the State expect to produce over the five-year contract period?

At this time, the State has not determined the total number of projects.

RFQ # 40100-51532 – Amendment # Two Page 5 of 5

PAGE

QUESTION / COMMENT STATE RESPONSE

General Question

N/A 24. What is the anticipated timeline for work to begin on the mitigation bank projects?

The State expects projects to begin within the first year of the contract. See Item 3 below.

General Question

N/A 25. Is there a summary sheet for credit needs?

No.

3. Delete RFQ 40100-51532, in its entirety, and replace it with RFQ 40100-51532, Release # 2, attached to this amendment. Revisions of the original RFQ document are emphasized within the new release. Any sentence or paragraph containing revised or new text is highlighted.

4. RFQ Amendment Effective Date. The revisions set forth herein shall be effective upon release. All other terms and conditions of this RFQ not expressly amended herein shall remain in full force and effect.

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