B-31058 QBS Republic Creosote.docx

STATE OF ILLINOIS

POST-PERFORMANCE REVIEW

POST-PERFORMANCE REVIEW

The Illinois Environmental Protection Agency (“Agency,” or “State”) requests Statements of Interest (SOI) from responsible Offerors to meet its needs. A brief description is set forth below for the Offeror’s convenience, with detailed requirements in subsequent sections of this solicitation. If interested and able to meet these requirements, the State appreciates and welcomes an Offer.

Brief Description:

The Illinois Environmental Protection Agency (Agency) intends to procure Architectural and Engineering services in accordance with the Architectural, Engineering and Land Surveying Qualifications Based Selection Act (30 ILCS 535) to meet its federal and state mandates to conduct investigations and oversee cleanup work of hazardous substances found at contaminated site(s) in the state. This is a request to procure contracts through the Qualifications Based Selection Process for the following site: Republic Creosote Site. Interested Offerors must be listed as a prequalified consultant with the Illinois Department of Transportation (http://www.idot.illinois.gov/doing-business/procurements/engineering-architectural-professional-services/index) in the category of Special Services – Hazardous Waste: Advanced at the time of SOI submission. FAILURE TO BE LISTED AS A PREQUALIFIED CONSULTANT IN THIS CATEGORY WILL DEEM THE OFFEROR’S RESPONSE AS NON-RESPONSIVE.

The resulting contract with the awarded Offeror shall have an initial term of February 1, 2023 or date of execution, whichever is later, to February 27, 2029. In no event will the total term of the contract, including the initial term, any renewal terms, and any extensions exceed ten (10) years. 30 ILCS 500/20-60.

Please read the entire solicitation package and submit an Offer in accordance with the instructions. All forms and signature areas contained in the solicitation package must be completed in full and submitted along with the technical response will constitute the Offer. Do not submit the instruction pages with Offers.

Forms A, Forms B, BEP Utilization Plan, and VSB Utilization Plan may be downloaded from the Chief Procurement Officer for General Service’s website at https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx . These sections are a material part of this solicitation, and must be returned when applicable with an Offeror’s Offer.

Offers that do not adhere to the form and content of the Qualifications Based Selection requirements may not be considered.

STATE OF ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY

Illinois Environmental Protection Agency Qualifications Based Selection Sites (A&E Contractors)

23-532EPA-LAND5-B-31058

In compliance with the State and Federal Constitutions, the Illinois Human Rights Act, the U.S. Civil Rights Act, and Section 504 of the Federal Rehabilitation Act, the State of Illinois does not discriminate in employment, contracts, or any other activity.

The State of Illinois encourages prospective vendors to consider hiring qualified veterans and Illinois residents discharged from any Illinois adult correctional center, in appropriate circumstances.

State of Illinois EPA QBS 1 Introduction V.20.1

SECTION 1.

SECTION 2

The following sections (FORMS A, FORMS B, BEP Utilization Plan, VSB Utilization Plan, Letter of Intent) of the solicitation may be found on the CPO’s website at:

https://www2.illinois.gov/cpo/general/Pages/SolicitationandContractTemplates.aspx

FORMS A

Complete this section if you are not using a State of Illinois Vendor Registration Number which represents registration in the Illinois Procurement Gateway (IPG).

FORMS B

Complete this section only if you are using an active State of Illinois Vendor Registration Number.

To ensure that you are registered in the IPG, search for your business name in the IPG Registered Vendor Directory. If your company does not appear in the search results, then you are not registered in the IPG.

Download from the CPO’s website and complete these documents if this QBS contains a Business Enterprise Program (BEP) goal.

BEP Utilization Plan Letter of Intent Template

Download from the CPO’s website and complete these documents if this QBS contains a Veteran Small Business Program (VBP) goal.

Veteran Small Business Utilization Plan Letter of Intent Template

OUTLINE

State of Illinois EPA QBS 4

OUTLINE

V.20.1

SECTION 1.

A. INSTRUCTIONS FOR SUBMITTING OFFERS

A.1. PROCESS CHANGES RESULTING FROM BIDBUY: BidBuy is the new electronic procurement system being used by State agencies under the jurisdiction of the Chief Procurement Officer for General Services. With the implementation of BidBuy, some procurement processes have changed. In some instances, BidBuy entirely replaces the State’s previous procurement processes. In others, the past instruction or process remains unchanged or is augmented by BidBuy.

The State publishes Qualifications Based Selection (QBS) in BidBuy. BidBuy consists of public webpages that may be referred to as the “Bulletin” or information “on BidBuy”. BidBuy also permits vendors to create password protected Seller Accounts allowing electronic quoting for some procurement methods. The QBS, along with other attachments and information on BidBuy, constitutes the State’s solicitation. The State will only accept electronic offers in response to QBSs through BidBuy. Offerors must pay special attention to the instructions found on BidBuy as they augment the information in this QBS. Offerors shall read the entire contents of this QBS and direct any questions to the Information Contact found on the BidBuy posting.

A.2. CONFLICT BETWEEN INFORMATION IN PAPER FORMAT AND ON BIDBUY: If the State provides information in paper format (i.e. the QBS and other attachments) that is different or in conflict with the information the State provides on BidBuy, then the information in paper format is presumed to represent the State’s intent. If the Offeror provides information in paper format that is different or in conflict with the information the Offeror provides in BidBuy through their Seller Account, then the information in paper format shall represent the Offeror’s intended submission.

A.3. HOW TO ENTER INFORMATION: Type information in the red text form fields provided. If the information requested does not apply to the Offeror’s situation, then enter “N/A” into the text form field. Please enter the requested information or N/A into every text form field.

A.4. PUBLISHED PROCUREMENT INFORMATION: The State publishes procurement information, including solicitations, awards, and amendments, on the General Services Illinois Procurement Bulletin, referred to as the Bulletin or BidBuy (https://www.bidbuy.illinois.gov/bso/). Procurement information may not be available in any other form or location. Offeror is responsible for monitoring the Bulletin. The State will not be held responsible if Offeror fails to receive the optional e-mail notice of future amendments to the solicitation.

A.5. INFORMATION CONTACT: The individual listed in the “Info Contact:” on the Bulletin posting shall be the single point of contact for this solicitation. Unless otherwise directed, Offerors should only communicate with the Information Contact. The State/Agency shall not be held responsible for information provided by or to any other person.

Suspected errors should be immediately reported to the Information Contact. Do not discuss, directly or indirectly, the solicitation or any Offer with any State officer or employee other than the Information Contact.

A.6. OFFEROR QUESTIONS AND AGENCY RESPONSE: All questions, other than questions raised at the Pre-Submission Conference, pertaining to this solicitation must be submitted in writing to the Information Contact no later than September 27, 2022. Questions received and Agency responses may be posted as an Amendment to the original solicitation on the Bulletin; only these posted answers to questions shall be binding on the State. Offerors are responsible for monitoring the Bulletin.

A.7. PRE-SUBMISSION CONFERENCE

In the Bulletin posting, the Agency may schedule a Pre-Submission Conference as the “Pre-Bid Conference:”.

Is Attendance at the Pre-Submission Conference mandatory? |_| Yes |X| No If attendance is mandatory, Offeror (current Vendor included) will be disqualified and considered non-responsive if Offeror does not attend, is not on time, leaves early or fails to sign the attendance sheet. Offeror must allow adequate time to accommodate security screenings at the site.

A.8. OFFER DUE DATE, TIME, AND ADDRESS FOR SUBMISSION OF OFFERS: Each solicitation contains the Offer Due Date and Time appearing as the “Bid Opening Date” on the Bulletin posting. Offers will be opened electronically in BidBuy on the “Bid Opening Date.”

A.8.1. Offer Firm Time: The Offer must remain firm for 180 days from opening.

A.8.2. Project Title & BidBuy Bid #: 23-532EPA-LAND5-B-31058 / QBS - Republic Creosote Site A.8.3. Due Date & Time: See Bid Opening Date in BidBuy A.9. ORGANIZATION REQUIRED: Packets will be uploaded to BidBuy. Electronic packets only. No paper packets will be accepted.

A.9.1. Packet 1 shall contain the Offeror’s response to the Specifications/Qualifications/Statement of Work provided in Section 1, Part D.

A.9.2. Packet 2 shall contain the Offeror’s Offer found in Section 1, Part C, and applicable forms found in Section 2, Parts F through I.

A.9.2.1. Exceptions must be provided on Agency’s Exceptions to Solicitation and Contract Terms and Conditions form (Section 2, Part G) or must be in a substantially similar format. Agency discourages taking exceptions. State law shall not be circumvented by the exception process. Exceptions may result in rejection of the Offer.

Additional Offeror Provisions may be stated on this form and should not include exceptions to Agency specifications, terms and conditions, or any other part of this solicitation. This is supplemental information that supports an Offeror’s position; for example, an Offeror’s licensing agreement.

A.9.2.2. The Agency may state additional terms and conditions to contracting in the State Supplemental Provisions (Section 2, Part H).

A.9.3. Packet 3 shall contain either Forms A or Forms B. Forms A contains eight forms and shall be returned by Offerors that do not have an active registration in the Illinois Procurement Gateway (IPG).

Forms B consists of two pages and a one page Taxpayer Identification Number. Forms B is only returned by Offerors that have a valid IPG registration number with expiration date and elect to not use the forms found in Forms A.

A.9.4. Packet 4 shall contain a redacted copy of the Offer.

A.9.4.1. Offeror should provide a redacted copy of the Offer, if applicable, that removes material considered to be a trade secret or competitively sensitive, confidential, or proprietary. See F.9. in Standard Terms and Conditions, Section 2, Part F.

A.9.5. Packet 5 shall contain a response to the Minorities, Women, and Persons with Disabilities participation requirements. Packet 5 is only returned if a Business Enterprise Program goal is stated in the Bulletin posting.

A.9.6. Packet 6 shall contain a response to the Veteran Small Business (VSB) participation requirements. Packet 6 is only returned if a VSB goal is stated in the Bulletin posting.

A.10. SUBMISSION OF OFFERS: Offers must be submitted via BidBuy.

A.10.1. The Offeror may submit the following forms and others by uploading them in the Attachment tab:

· Offer to the State

· Specifications/Qualifications/Statement of Work

· Redacted copy of Offer (if applicable)

· Exceptions to Solicitation Contract Terms and Conditions (if applicable)

· References (if applicable)

· Standard Certifications

· Forms A (if applicable)

· Forms B (if applicable)

· Letter of Intent (if applicable)

· BEP Utilization Plan (if applicable)

· Veteran Small Business Utilization Plan (if applicable)

· Bid or Performance bond (if applicable) The Offeror must complete, sign, and upload all required documents, such as the Contract, BEP Utilization Plan if applicable, and either Forms A or Forms B.

A.11. SECURITY: Vendor shall comply with the Public Construction Bond Act (30 ILCS 550). Vendor shall furnish the Agency with payment and performance bonds required under the Public Construction Bond Act in form acceptable to the Agency for Work Orders or Job Orders for public work costing over $50,000 which shall be signed by the Vendor as principal and co-signed by a surety meeting the requirements set forth in Section 1 of said Act (30 ILCS 550/1) (“Surety”) naming the Illinois EPA as primary obligee under said bonds (“Surety Bonds”) not less than ten (10) business days prior to commencing any such public work hereunder.

The amount of the Surety Bonds shall be the contract amount of the Work Order or Job Order for said public work. In the event of any increase in said contact amount for such public work, the amount of the Surety Bonds shall be increased to 100% of said increased contract amount.

The Surety shall be a company that is licensed by the Illinois Department of Insurance authorizing said Surety to execute surety bonds, and the Surety shall have a financial strength rating of at least A- as rated by A.M. Best Company, Inc., Moody's Investors Service, Standard & Poor's Corporation, or a similar rating agency. The Surety Bonds shall, at a minimum, be conditioned upon the completion of the project work, the payment for material, apparatus, fixtures, and machinery (as those terms are defined in 30 ILCS 550/1) used in the project work, and payment for all labor performed in said project work, whether by subcontractor or otherwise, including the payment of wages as required under the Contract.

If the Work Order or Job Order is for emergency repairs as provided in the Illinois Procurement Code (30 ILCS 500), proof of payment for all labor materials, apparatus, fixtures, and machinery may be furnished in lieu of the Surety Bonds as determined by the Agency in its sole and absolute discretion.

A.12. SMALL BUSINESS SET-ASIDE: In the Bulletin posting, if “Yes” is shown to the question “Is this subject to Small Business Set-Aside?”, then Offeror must be qualified by the Small Business Set-Aside Program at the time Offers are due in order for the Offer to be evaluated. For complete requirements and to qualify Offeror’s business in the Small Business Set-Aside Program, please visit the CPO’s website at https://www2.illinois.gov/cpo/general/Pages/Sell2Illinois.aspx.

A.13. MINORITY CONTRACTOR INITIATIVE: The State requires a fee of $15 to cover expenses related to the administration of the Minority Contractor Opportunity Initiative. Any offeror awarded a contract of $1,000 or more under Section 20-10, 20-15, 20-25 or 20-30 of the Illinois Procurement Code (30 ILCS 500) is required to pay a fee of $15. The Comptroller shall deduct the fee from the first check issued to the Vendor under the contract and deposit the fee in the Comptroller’s Administrative Fund. 15 ILCS 405/23.9.

A.14 FEDERAL FUNDS: The resulting contract may be partially or totally funded with Federal funds. Upon notice of intent to award, the percentage of goods and/or services involved that are Federally funded and the dollar amount of such Federal funds will be disclosed. Vendor understands and agrees that the Agreement with the federal funding agency may impose terms, conditions, and obligations on Vendor and its subcontractors of all tiers, engineers, architects, consultants, and other entities receiving funds and/or performing work hereunder (Federal Funding Agreement). Vendor understands and agrees that a breach or violation of the Federal Funding Agreement by Vendor, or any of its officials, officers, employees, representatives, subcontractors of any tier, architects, engineers, consultants, agents, or other person or entity performing work on behalf of Vendor hereunder shall be considered a material breach of this Contract by Vendor, in which case the Agency shall be entitled to all remedies at law and equity and as otherwise provided hereunder.

If the work performed hereunder is funded in whole, or in part, with federal funds, then the Vendor and its subcontractors of every tier must comply with the requirements of the Davis-Bacon Act. The Davis-Bacon Act requires payment of Federal prevailing wage rates for construction, repair or alteration work funded in whole or in part with federal funds in contracts in excess of $2,000. Vendor must obtain recent and applicable wage rates from the U.S. Department of Labor (DOL) and incorporate them into all contracts stemming from Job Orders, Work Orders, or other work performed hereunder that are federally funded, and provide subcontractors with Division of Labor form WH-347 to use for payroll records and obtain completed WH-347 forms weekly (for each week in which project work is performed) from all subcontractors performing project work in strict compliance with 29 CFR 3.3 and 5.5(a)(3), including but not limited to Statements of Compliance signed by the respective subcontractor in accordance with 29 CFR 5.5(a)(3)(ii)(B). Vendor must post the DOL Employee Fair Compensation Notice at the work Site, along with a list of locally prevailing wage rates. Vendor must perform on-site interviews with workers; use US Government Services Administration Standard Form 1445 for recording interviews and compare payroll records to employee interviews to confirm and document compliance with the Davis-Bacon Act requirements.

A.15. EMPLOYMENT TAX CREDIT: Offerors who hire qualified veterans and certain ex-offenders may be eligible for tax credits. 30 ILCS 500/45-67 and 45-70. Please contact the Illinois Department of Revenue (217-524-4772) for information about tax credits.

A.16. GOVERNING LAW AND FORUM: Illinois law and rules govern this solicitation and any resulting contract. Offeror must bring any action relating to this solicitation or any resulting contract in the appropriate court in Illinois. This document contains statutory references designated with “ILCS”. Offeror may view the full text at www.ilga.gov/legislation/ilcs/ilcs.asp. The Illinois Procurement Code (30 ILCS 500) and the Standard Procurement Rules (44 ILL. ADM. CODE PARTS 1, ET SEQ) are applicable to this solicitation and may be respectively viewed at http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=532&ChapterID=7 and http://www.ilga.gov/commission/jcar/admincode/044/044parts.html.

A.17. PUBLIC RECORDS AND REQUESTS FOR CONFIDENTIAL TREATMENT: Offers become the property of the State and late submissions will not be returned. All offers will be open to the public under the Illinois Freedom of Information Act (FOIA) (5 ILCS 140) and other applicable laws and rules, unless Offeror requests in its Offer that the State treat certain information as confidential. A request for confidential treatment will not supersede the State’s legal obligations under FOIA. The State will not honor requests to keep entire Offers confidential. Offerors must show the specific grounds in FOIA or other law or rule that support confidential treatment. Regardless, the State will disclose the successful Offeror’s name, the substance of the Offer, and the price.

If Offeror requests confidential treatment, Offeror must submit additional copy/copies (see Instructions for Submission of Offers in Section A.10.) of the Offer with proposed confidential information redacted. This redacted copy must tell the general nature of the material removed, and shall retain as much of the Offer as possible. In a separate attachment, Offeror shall supply a listing of the provisions identified by section number for which it seeks confidential treatment and identify the statutory basis or bases under Illinois law, including a detailed justification for exempting the information from public disclosure.

Offeror will hold harmless and indemnify the State for all costs or damages associated with the State defending Offeror’s request for confidential treatment. Offeror agrees that the State may copy the Offer to facilitate evaluation, or to respond to requests for public records. Offeror warrants that such copying will not violate the rights of any third party.

A.18. RESERVATIONS: Offeror must read and understand the solicitation and tailor the Offer and all activities to ensure compliance. The State reserves the right to amend the solicitation, reject any or all offers, award by item/services, group of items/services, or grand total, and waive minor defects. The State may request a clarification, inspect Offeror’s premises, interview staff, request a presentation, or otherwise verify the contents of the Offer, including information about subcontractors and suppliers. The State may request Best & Final Offers when appropriate. The State will make all decisions on compliance, evaluation, and terms and conditions, and shall make decisions in the best interests of the State and in accordance with the Illinois Procurement Code, rules and other applicable State and Federal statutes and regulations. This competitive process may require that Offeror provide additional information and otherwise cooperate with the State. If an offeror does not comply with requests for information and cooperate, the State may reject the offer as non-responsive to the solicitation. Submitting an offer does not entitle Offeror to an award or a contract. Posting a vendor’s name in a Bulletin notice does not entitle the vendor to a contract. The State is not responsible for and will not pay any costs associated with the preparation and submission of any offer. Awarded vendor(s) shall not commence, and will not be paid for any billable work undertaken prior to the date all parties execute the contract, unless approved in writing in advance by the State Purchasing Officer or the Chief Procurement Officer (or designee).

A.19. AWARD: The State is not obligated to award a contract pursuant to this solicitation. If the State issues an award, the award will be made to the responsive and responsible offeror whose offer best meets the specified criteria unless otherwise permitted by the Illinois Procurement Code and Illinois Administrative Code. However, if the State does not consider the price to be fair and reasonable and negotiations fail to meet an acceptable price, then the State reserves the right to cancel the award and take appropriate action to meet the needs of the State. The State will determine whether the price is fair and reasonable by considering the offer, including the offeror's qualifications, the offeror's reputation, all prices submitted, other known prices, the project budget and other relevant factors. The State will post a notice to the Bulletin identifying the apparent most responsive and responsible offeror.

A.20. REFERENCES: |_| Yes |X| No. References are not required.

A.21. INVOICING ADDRESS: The awarded Vendor shall invoice at the completion of the contract unless invoicing is tied in the contract to milestones, deliverables, or other invoicing requirements agreed to in the contract. The Bulletin posting contains the “Bill-to Address:” where invoices should be sent.

Vendor shall not bill for any taxes unless accompanied by proof that the State is subject to the tax.

A.22. PROTEST REVIEW OFFICE: Offeror may submit a written protest to the Protest Review Office following the requirements of the Standard Procurement Rules. 44 ILL. ADM. CODE 1.5550. For protests related to specifications, the Protest Review Office must physically receive the protest no later than fourteen (14) days after the solicitation or related addendum was posted to the Bulletin. For protests related to rejection of individual proposals or awards, the protest must be received by close of business no later than fourteen (14) days after the protesting party knows or should have known of the facts giving rise to the protest. The Protest Review Office’s information is as follows:

Chief Procurement Office Email: eec.legalstaff@illinois.gov Attn: Protest Review Office

Springfield, IL 62706 A.23. EVALUATION PROCESS: The State determines how well offers meet the Responsiveness requirements. The State will rank offers, without consideration of price, from best to least qualified using a point ranking system (unless otherwise specified) as an aid in conducting the evaluation. Offerors who fail to meet minimum requirements or who receive fewer than the minimum required points, if any, will not be considered for price evaluation and award.

The State evaluates two categories of information: Responsibility and Responsiveness. The State considers the information provided and the quality of that information when evaluating offers. If the State finds a failure or deficiency, the State may reject the offer or reflect the failure or deficiency in the evaluation.

A.23.1. RESPONSIVENESS: A Responsive Offeror is one who submits an offer that conforms in all material respects to the Qualifications Based Selection, and includes all required forms.

A.23.1.1. Subcontractor Disclosure: If the Offer includes any subcontractors, then Offeror shall complete the Subcontractor Disclosure form found in Section 2, Part I.

A.23.1.2. References are not required.

A.23.1.3. If completing Forms B, then responsiveness may include and may not be limited to:

· Active Illinois Procurement Gateway registration # with expiration date

· Disclosure of lobbyists for Offeror and parent entity(ies)

· Disclosure of pending and current contracts

· Certifications timely to this solicitation A.23.1.4. If completing Forms A, required forms may include and may not be limited to:

· Business and Directory Information: Offeror should complete and return the Business and Directory Information form in Forms A , Part 1.

· Illinois Department of Human Rights Public Contracts Number: Offeror shall complete and return the IDHR Public Contracts Number form in Forms A , Part 2.

· Authorized to Transact Business or Conduct Affairs in Illinois: A person (other than an individual acting as a sole proprietor) must be a duly constituted legal entity prior to submitting a bid and authorized to transact business or conduct affairs in Illinois prior to execution of the contract. For more information, see Authorized to Transact Business or Conduct Affairs in Illinois in Forms A, Part 3.

· Standard Certifications: Offeror shall complete and return the Standard Certifications form in Forms A , Part 4.

· State Board of Elections Registration: Offeror may be prohibited from making political contributions and be required to register with the State Board of Elections. For more information, see State Board of Elections in Forms A, Part 5.

· Disclosure of Business Operations with Iran: Offeror should complete and return the Disclosure of Business Operations with Iran form in Forms A , Part 6.

· Financial Disclosures and Conflicts of Interest: Offeror shall complete and return the Financial Disclosures and Conflicts of Interest form in Forms A , Part 7.

· Taxpayer Identification Number: Offeror should complete and return the Taxpayer Identification form in Forms A , Part 8.

A.23.1.5. The State will determine whether the Offer meets the stated requirements. Minor differences or deviations that have negligible impact on the price or suitability of the supply or service to meet the State’s needs may be accepted or corrections allowed. If no offeror meets a particular requirement, the State may waive that requirement.

A.23.1.6. When the specification calls for “Brand Name or Equal,” the brand name product is acceptable. Other products will be considered with proof that the other product meets stated specifications and is equivalent to the brand product in terms of quality, performance and desired characteristics.

A.23.1.7. The State will determine whether the Offer complied with the instructions for submitting offers. Except for late submissions, and other requirements that by law must be part of the submission, the State may require that an offeror correct deficiencies as a condition of further evaluation.

A.23.2. RESPONSIBILITY: A responsible Offeror is one who has the capability in all respects to perform fully the contract requirements and who has the integrity and reliability that will assure good faith performance. The State determines whether the Offeror is a “responsible” offeror; an offeror with whom the State can or should do business. For example, the State may consider the following:

A.23.2.1. A “prohibited bidder” includes any person assisting an employee of the State of Illinois by reviewing, drafting, directing, or preparing any invitation for bids, a Qualifications Based Selection, or request of information, or providing similar assistance unless such assistance was part of a publicly issued opportunity to review drafts of all or part of these documents. For purposes of this section, an employee of the State of Illinois means one who, by the nature of his or her duties, has the authority to participate personally and substantially in the decision to award a State contract. No person or business shall submit specifications to a State agency unless requested to do so by an employee of the State. No person or business that contracts with a State agency to write specifications for a particular procurement need shall submit a bid or proposal or receive a contract for that procurement need.

Nothing herein is intended to prohibit a vendor from bidding or offering to supply developing technology, goods or services after providing the State with a demonstration of the developing technology, goods, or services; provided the subject of the demonstration to the State represents industry trends and innovation and is not specifically designed to meet the State's needs. Nothing herein is intended to prohibit a person or business from submitting a bid or offer or entering into a contract if the person or business: (i) initiates a communication with an employee to provide general information about products, services, or industry best practices and, if applicable, that communication is documented in accordance with Section 50-39 of the Illinois Procurement Code or (ii) responds to a communication initiated by an employee of the State for the purposes of providing information to evaluate new products, trends, services, or technologies.

A.23.2.2. Other factors that the State may evaluate to determine responsibility include, but are not limited to: political contributions, certifications, conflict of interest, financial disclosures, taxpayer identification number, past performance in business or industry, references (including those found outside the offer), compliance with applicable laws, financial responsibility, insurability, effective equal opportunity compliance, payment of prevailing wages if required by law, capacity to produce or sources of supply, and the ability to provide required maintenance service or other matters relating to the offeror’s ability to deliver in the quality and quantity within the time and price as specified in this solicitation.

A.23.2.3. The awarded Vendor must at all times have financial resources sufficient, in the opinion of the State, to ensure performance of the contract and must provide proof upon request. The State may require a performance and/or payment bond if, in the opinion of the State, it ensures performance of the contract. The State may terminate the contract, consistent with the termination for cause provision of the contract, if the vendor lacks the financial resources to perform under the contract.

A.23.2.4. The State may require that an offeror correct any deficiencies as a condition of further evaluation.

A.24. BUSINESS ENTERPRISE FOR MINORITIES, WOMEN, AND PERSONS WITH DISABILITIES ACT PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by minorities, women, and persons with disabilities. If this solicitation is for non-construction supplies or services and contains a goal, then failure to submit a Utilization Plan shall render the Offer non-responsive. 30 ILCS 575/4(f). All questions regarding the subcontracting goal must be directed to the Agency Business Enterprise Program (BEP) Liaison prior to submission of proposals.

BEP Liaison: Monique Wantland

Phone Number: 217-782-1249

Email Address: Monique.Wantland@Illinois.gov

Businesses included in Utilization Plans as meeting BEP requirements as prime vendors or subcontractors must be certified by the Department of Central Management Services (CMS) as BEP vendors prior to the Bid Opening Date. Go to https://www2.illinois.gov/cms/business/sell2/bep/Pages/default.aspx for complete requirements for BEP certification. Go to https://cms.diversitycompliance.com/ to search for certified BEP vendors.

A.25. VETERAN SMALL BUSINESS PARTICIPATION AND UTILIZATION PLAN: The Bulletin posting indicates whether this solicitation contains a goal to include businesses owned and controlled by military veterans. If this solicitation contains a goal, then failure to submit a Utilization Plan as instructed later in this solicitation may render the Offer non-responsive. All questions regarding the subcontracting goal must be directed to the Agency Veteran Small Business Liaison prior to submission of proposals.

Veteran Small Business Liaison: Monique Wantland

Phone Number: 217-782-1249

Email Address: Monique.Wantland@Illinois.gov

Businesses included in Utilization Plans as meeting Veteran Owned Small Business (VOSB) and Service Disabled Veteran Owned Small Business (SDVOSB) requirements as prime vendors or subcontractors must be certified by CMS as VOSB or SDVOSB vendors prior to the Bid opening date. Go to https://www2.illinois.gov/cms/business/sell2/pages/veteranownedbusinesses.aspx for complete requirements for VOSB or SDVOSB certification. Go to https://cms.diversitycompliance.com/ to search for certified VOSB and SDVOSB vendors.

A.26. BIDBUY TERMINOLOGY AND GUIDANCE: BidBuy is an online e-procurement system. There may be some difference between the procurement terminology used in this solicitation and the terms used in BidBuy. Please learn more about BidBuy by accessing the online resources found here:

https://www2.illinois.gov/cpo/PathwayToProcurement/Pages/Guides-and-Manuals.aspx.

-END OF INSTRUCTIONS-

STATE OF ILLINOIS

SUBCONTRACTOR DISCLOSURES

ATTACHMENT FF

INSTRUCTIONS FOR SUBMITTING OFFERS

State of Illinois QBS 30 Attachment FF– Subcontractor Disclosures V.13.3 State of Illinois EPA QBS 16 Section 1. Part A.Instructions V.20.1

B. SELECTION OF VENDOR

B.1. This procedure applies to the selection of Firms hired to work for the Agency. Professional Service contracts are solicited and awarded in accordance with the Architectural, Engineering and Land Surveying Qualifications Based Selection Act (30 ILCS 535). Illinois Procurement Code (30 ILCS 500) and the Illinois Joint Committee on Administrative Rules (JCAR) (44 ILL. ADMIN. CODE PARTS 1, ET SEQ) are applicable to the Professional Services solicitations and all applicable rights and authority vested therein to the Chief Procurement Office – General Services (CPO-GS) are specifically incorporated into all aspects of these procedures.

B.2. Definitions:

B.3. Evaluation Procedures

B.3.1. Procurement reviews each Firm’s SOI for responsiveness to the SOW.

B.3.2. Procurement will complete the Summary Score Sheet, minus the Recommended Ranking, with the initial information found in the SOI for each responding Firm.

B.3.3. Procurement submits copies of the SOIs to the Review Team as well as any other back-up information deemed pertinent at the time for each SOI assigned to the Review Team.

B.3.4. The Review Team individually and independently reviews every SOI determined complete by Procurement for the assigned SOW and completes a Scorecard.

B.3.5. After scoring, the Review Team returns the completed and signed Scorecards and all evaluation materials to Procurement and copies the Coordinator on the email.

B.3.6. Procurement reviews each Scorecard, calculates a total score for each Firm, and fills in the Recommended Rankings on the Summary Score Sheet.

B.4. Vendor Selection B.4.1. Procurement provides the VSC the following:

· SOW, any addenda and published questions and answers.

· Copies of the SOI (as reference material only. The VSC is not required to perform a review of the SOIs).

· Scorecards for each Firm ranked 1 through 3.

· Summary Score Sheet with Recommended Rankings.

B.4.2. Procurement and Agency Procurement Officer convenes a meeting of the VSC according to the schedule posted in BidBuy.

B.4.3. Everyone in attendance at the VSC will sign the sign-in sheet.

B.4.4. The VSC reviews all material provided and deliberates to select the most qualified Firm. A silent vote is held to rank the firms in order from first to third. Each member of the VSC will complete the Ballot independently. The APO will collect all Ballots and all evaluation materials from the VSC members.

B.4.5. Everyone in attendance at the VSC will sign the sign-out sheet.

B.4.6. Procurement will compile the ballots and record the votes. Five points are assigned for each 1st place designation, 3 points are assigned for each 2nd place designation and 1 point is assigned for 3rd place designation.

B.4.7. Procurement will prepare an amendment in BidBuy to notify firms of the rankings. Procurement will request the SPO’s review and approval of the amendment publication.

B.4.8. The Agency will enter into contract negotiations with the top ranked firm but if satisfactory contract terms cannot be agreed upon, the Agency will move on to the second and then potentially the third ranked firm.

B.5. Schedule:

SELECTION OF VENDOR

State of Illinois EPA QBS 17 Section 1. Part B. Selection of Vendor V.20.1 C. Project Title / BidBuy Reference # Click here to enter text.

The undersigned authorized representative of the identified Offeror hereby submits this Offer to perform in full compliance with the subject solicitation. By completing and signing this form, the Offeror makes an Offer to the State of Illinois that the State may accept.

Offeror should use this form as a final check to ensure that all required documents are completed and included with the Offer. Offeror must mark each blank below as appropriate; mark N/A when a section is not applicable to this solicitation. Offeror understands that failure to meet all requirements is cause for disqualification.

C.1. SOLICITATION AND CONTRACT REVIEW: Offeror reviewed the Qualifications Based Selection, including all referenced documents and instructions, completed all blanks, provided all required information, and demonstrated how it will meet the requirements of the State of Illinois.

|_| Yes |_| No C.2. ADDENDA: Offeror acknowledges receipt of any and all addenda to the solicitation and has taken those into account in making this Offer.

|_| Yes |_| No|_| N/A C.3. PRE-SUBMISSION: If attendance was mandatory, Offeror attended the Pre-Submission Conference.

|_| Yes |_| No |_| N/A C.4. OFFER SUBMISSION: Offeror is submitting the correct number of copies, in a properly labeled container(s), to the correct location, and by the due date and time.

|_| Yes |_| No C.5. FORMS A or FORMS B: Offeror is properly submitting either Forms A or Forms B, but not both.

|_| Yes |_| No C.6. BOND: If applicable, Offeror is submitting its Payment Bond and/or Performance Bond.

|_| Yes |_| No |_| N/A C.7. SMALL BUSINESS SET-ASIDE: Offeror is a qualified small business in the Small Business Set-Aside Program at the time Offers are due.

|_| Yes |_| No |_| N/A

C.8. PACKET 1 – SPECIFICATIONS/QUALIFICATIONS/STATEMENT OF WORK

|_| Yes |_| No

C.9. PACKET 2 – OFFER

C.10. PACKET 3 – FORMS A

C.11. PACKET 3 – FORMS B

C.12. PACKET 4 – REDACTED OFFER

C.13. PACKET 5 – BEP UTILIZATION PLAN

C.14. PACKET 6 – VSB UTILIZATION PLAN

C.15. PREFERENCES

The Illinois Procurement Code provides various preferences to promote business opportunities in Illinois.

Does Offeror make any claims for preferences? If so, please mark the applicable preference(s) and include a listing of the items that qualify for the preference at the end of this Section and a description of why the preference applies. Agency reserves the right to determine whether the preference indicated applies to Offeror.

|_| Resident Bidder (30 ILCS 500/45-10).

|_| Soybean Oil-Based Ink (30 ILCS 500/45-15).

|_| Recycled Materials (30 ILCS 500/45-20).

|_| Recycled Paper (30 ILCS 500/45-25).

|_| Environmentally Preferable Supplies (30 ILCS 500/45-26).

|_| Correctional Industries (30 ILCS 500/45-30).

|_| Not-for-Profit Agencies for Persons with Significant Disabilities (30 ILCS 500/45-35).

|_| Gas Mileage (30 ILCS 500/45-40).

|_| Small Businesses (30 ILCS 500/45-45).

|_| Illinois Agricultural Products (30 ILCS 500/45-50).

|_| Corn-Based Plastics (30 ILCS 500/45-55).

|_| Disabled Veterans (30 ILCS 500/45-57).

|_| Vehicles Powered by Agricultural Commodity-Based Fuel (30 ILCS 500/45-6) |_| Biobased Products (30 ILCS 500/45-75).

|_| Historic Preference Area (30 ILCS 500/45-80).

|_| Procurement of Domestic Products (30 ILCS 517).

|_| Public Purchases in Other States (30 ILCS 520).

|_| Illinois Mined Coal (30 ILCS 555).

|_| Steel Products Procurement (30 ILCS 565).

|_| Business Enterprise for Minorities, Women, and Persons with Disabilities Act (30 ILCS 575).

|_| Veterans Preference (330 ILCS 55).

Items that Qualify and Explanation: Click here to enter text.

Signature of Offeror’s Authorized Representative:

Printed Name of Signatory: Click here to enter text.

Offeror’s Name: Click here to enter text.

Date: Click here to enter a date.

OFFER TO THE STATE OF ILLINOIS

State of Illinois EPA QBS 21 Section 1. Part C. Offer to the State of Illinois V.20.1

D. SPECIFICATIONS/QUALIFICATIONS/STATEMENT OF WORK

D.1. GOAL: The Illinois Environmental Protection Agency (Agency) intends to procure Architectural and Engineering services in accordance with the Architectural, Engineering and Land Surveying Qualifications Based Selection Act (30 ILCS 535) to meet its federal and state mandates to conduct investigations and oversee cleanup work of hazardous substances found at contaminated site(s) in the state.