BPM004287-Revised_Det_1_.pdf

Rev. 12-18-2018

Main Office 1110 W. Washington Street • Phoenix, AZ 85007

(602) 771-2300 www.azdeq.gov printed on recycled paper

Southern Regional Office 400 W. Congress Street • Suite 433 • Tucson, AZ 85701

(520) 628-6733

Katie Hobbs Governor

Karen Peters Director

Revised Determination of Award / Basis of Award Solicitation No. BPM00427

“Statewide Asbestos, Lead, Mold Consulting and Abatement Services and

Lead Service Line Consulting Services

In accordance with R2-7-A901, Protest of Solicitations and Contract Award, on June 9, 2023 a protest was received against the contracts awarded on May 29, 2023. The protest was filed by Acken Law, LLC on behalf of Viking Specialty Contracting. In accordance with R2-7-A904 ADEQ responded to the protest with the goal to determine an appropriate remedy. Details of the resolution process are as follows:

On July 28th 2023, the procurement officer sent a request for clarification letter to Viking Specialty Contracting. The items for which clarifications were requested included the following:

1. Attachment 2, Boycott of Israel Disclosure Statement

2. Attachment 4, Key Personnel

3. Attachment 9, Experience and Capacity Questionnaire

a. Question 1, Item 1.14, and

b. Question 6

4. Attachment 7-Organisational Profile

On August 1, 2023, Viking Specialty Contracting provided a response to the request for clarification. This included the following:

1. A signed letter

2. A signed Boycott of Israel Disclosure Form

3. A revised Attachment 5-Key personnel which included resumes of their key personnel who had been with the company more than 3.5 years. This was not included in their original bid submission on September 2022.

4. Copies of the Contractor/Supervisor and EPA Lead Based Paint certificates for all the applicable key personnel. This was not included in their original bid submission on September 2022.

On Friday, August 2, 2023, upon request of Viking Specialty Contracting, the procurement officer met with two representatives of the firm to provide clarification on the resolution process timeline.

On August 4th, 2023, upon review of the additional information received through the clarification, the procurement officer sent a letter to Viking Specialty Contracting requesting best and final offer (BAFO) of their proposal with a due date of August 7, 2023 at 4:00PM.

On August 4th, at 3:08 PM, the procurement officer received via email a response to the BAFO request. The documents received included the following:

1. A signed Solicitation Attachment 1, Offer and Acceptance Form

2. A signed Solicitation Attachment 12, Pricing document

3. A revised Exhibit A- Pricing Sheet, and

4. A signed Solicitation Attachment 14, Forced Labor of Ethnic Uyghurs Ban

Upon review of the BAFO documents, and in accordance with R2-7-A904, Remedies by the Agency Chief Procurement Officer, Paragraph C, Item 5, and Solicitation Instructions to Offerors, Section 5 (Responsibility, Responsiveness, and Susceptibility), Section 6 (Evaluation of Offers) and Section 7, (Award of Contract). On August 10th 2023, the procurement officer made a decision on Viking Specialty Contracting’s proposal. The rating is as follows:

1. Method of Approach/ Method of Proposal- Below Expectation

2. Experience, Expertise, Reliability, Capacity of Organization and Key Personnel-Meet Expectation

Main Office 1110 W. Washington Street • Phoenix, AZ 85007

(602) 771-2300 www.azdeq.gov printed on recycled paper

Southern Regional Office 400 W. Congress Street • Suite 433 • Tucson, AZ 85701

(520) 628-6733

Consistent with the basis upon which Awards were made to the other suppliers; that the suppliers at a minimum meet expectation in at least one of the two qualitative criteria; (Method of Approach and/or Experience, Expertise, Reliability, Capacity of Organization and Key Personnel). It has been decided that, it would be advantageous to the state to award a contract to Viking Specialty Contracting to perform statewide Asbestos, Lead and Mold Abatement Services.

Details on the protest are part of the procurement file, and are available upon a formal records request. To do so, please complete the Form on the ADEQ website. Any other questions regarding the outcome of this Solicitation or resultant contracts may be directed to the Procurement Officer of record for this solicitation.

Merrilyn Forbin, Date Procurement Officer

Louis Anaya, MPA, C.P.M., CPPB Date Chief Procurement Officer

8/10/2023

8/10/2023 https://azdeq.gov/request-record

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Attachment 1: Offer and Acceptance Form Department of Environmental f t�j, \\ ��A! Solicitation No. BPM004287 Quality

Title: Statewide Asbestos, Lead, and Mold 1110 W. Washington Street

�,�v �--1_.,��/',, Consultant and Abatement Services

Phoenix, AZ 85007

SUBMISSION OF OFFER: Undersigned hereby offers and agrees to provide Statewide Asbestos Lead and Mold Consultant and Abatement Services in compliance with the Solicitation indicated above and our Offer indicated by the latest dated version below:

'Initial Offer:

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Revised Offers:

Best and Final Offer:

Viking Specialty Contracting

Offerer company name

1008A E. Vista Del Cerro Dr.

Address

Tempe, AZ 85281

City I State I ZIP

46-1530435

Federal tax identifier (EIN or SSN)

Date

Date

-I _ :3ig119turei i

Signature

CERTIFICATION: By signature in the above, Offerer certifies that it:

············i···

Date Si nature

_D_a_t_e __ �------ Signature _ __ signature of·p;,:�on authorized to sign Offer

Shaun Hair, CEO

Printed nanie and title

Kayla Fritz, Contract Specialist

Contact name and title

Kavla@viking-az.com ( 480) 568-8228

Contact Email Address Contact phone number

1. will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive Order 2009-9 or AR.S. § 41-1461 through 1465;

2. has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law;

3. complies with A.RS. § 41-3532 when offering electronics or information technology products, services, or maintenance; and

4. is not debarred from, or otherwise prohibited from participating in any contract awarded by federal, state, or local government.

ACCEPTANCE OF OFFER: State hereby accepts the initial Offer, Revised Offer, or Best and Final Offer identified by the latest date and number at the top of this form (the Accepted Offer). Offeror is now bound (as Contractor) to carry out the Work under the attached Contract, of which the Accepted Offer forms a part. Contractor is cautioned not to commence any billable work or to provide any material or perform any service under the Contract until Contractor receives the applicable Order or written notice to proceed from the Procurement Officer.

State's Contract Number is: Contract Effective Date: --------

Procurement Officer Signature Award Date Procurement Officer Name Title

Solicitation Attachments

Louis Anaya

August 21, 2023CTR067100