BPM005267_Solicitation_Attachments.docx

Attachment 1 – Offer and Acceptance Form

SUBMISSION OF OFFER: The Undersigned hereby offers and agrees to provide UST Inspections in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written exceptions in the Offer indicated by the latest dated version below:

Initial Offer:

Revised Offers:

Best and Final Offer:

Energy & Environmental Advisors, Inc.

Offeror company name

Signature of person authorized to sign Offer

600 4th Street, Suite 950

Patrick J. Vuchetich, President

Address

Printed name and Title

Sioux City, IA 51101

Patrick J. Vuchetich, President

City, State, ZIP

Contact name and Title

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

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 A.R.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.R.S. § 18-132 when offering electronics or information technology products, Services, or maintenance;

4. Has submitted this Offer as a firm offer for 180 days following the Solicitation due date and time. After 180 days, the Offer will remain open unless revoked by Offeror via written withdrawal of Offeror’s proposal in accordance with the Arizona Procurement Code;

5. Did not and will not involve collusion or other anti-competitive practices; and

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

ACCEPTANCE OF OFFER

The offer is hereby accepted.

The Contractor is now bound to sell the Materials or Services listed by the attached Contract and based upon the Solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State.

The effective date of the Contract is

The Contractor is cautioned not to commence any billable work or to provide any Material or Service under this Contract until Contractor receives purchase order, contract release document, or written notice to proceed.

State of Arizona Awarded this day of

Jeremiah Weiner Date Louis Anaya, MPA, C.P.M., CPPB Date Procurement Officer signature Chief Procurement Officer Signature

Request for Proposal

Solicitation No. BPM005267

UST Inspections Arizona Department of Environmental Quality (ADEQ) 1110 W. Washington Street Phoenix, AZ 85007

Request for Proposal

Solicitation No. BPM005267

UST Inspections Arizona Department of Environmental Quality (ADEQ) 1110 W. Washington Street Phoenix, AZ 85007

Solicitation Attachment – Offer and Acceptance | Revision No. 2 | Revised 11-22

Solicitation Attachment – Forced Labor of Ethnic Uyghurs Ban | Revision No. 2 | Revised 11-22 Attachment 2 – Boycott of Israel Disclosure

Please note that if any of the following apply to this Solicitation, Contract, or Contractor, then the Offeror shall select the “Exempt Solicitation, Contract, or Contractor” option below:

· The Solicitation or Contract has an estimated value of less than $100,000;

· Contractor is a sole proprietorship;

· Contractor has fewer than ten (10) employees; or

· Contractor is a non-profit organization.

Pursuant to A.R.S. § 35-393.01, public entities are prohibited from entering into contracts “unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Materials or Services from Israel.”

Under A.R.S. § 35-393:

1. "Boycott" means engaging in a refusal to deal, terminating business activities or performing other actions that are intended to limit commercial relations with entities doing business in Israel or in territories controlled by Israel, if those actions are taken either:

(a) Based in part on the fact that the entity does business in Israel or in territories controlled by Israel.

(b) In a manner that discriminates on the basis of nationality, national origin or religion and that is not based on a valid business reason.

2. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

5. "Public entity": (a) Means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State. (b) Includes the universities under the jurisdiction of the Arizona board of regents and community college districts as defined in section 15-1401.

The certification below does not include boycotts prohibited by 50 United States Code Section 4842 or a regulation issued pursuant to that section. See A.R.S. § 35-393.03.

In compliance with A.R.S. § 35-393 et seq., all Offerors must select one of the following:

The Company submitting this Offer does not participate in, and agrees not to participate in during the term of the contract, a boycott of Israel in accordance with A.R.S. § 35-393 et seq. I understand that my entire response will become a public record in accordance with A.A.C. R2-7-C317;

Energy & Environmental Advisors, Inc.

Company name

Signature of person authorized to sign

600 4th Street, Suite 950

Patrick J. Vuchetich, President

Address

Printed name and Title

Sioux City, IA 51101

City, State, ZIP

Solicitation Attachment – Boycott of Israel Disclosure | Revision No. 2 | Revised 11-22 Attachment 3 – Forced Labor of Ethnic Uyghurs Ban

Please note that if any of the following apply to the Contractor, then the Contractor shall select the “Exempt Contractor” option below:

· Contractor is a sole proprietorship;

· Contractor has fewer than ten (10) employees; OR

· Contractor is a non-profit organization.

Pursuant to A.R.S. § 35-394, written certification is required to show that the company entering into a contract with a public entity does not use the forced labor, or use any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.

Under A.R.S. § 35-394:

1. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

2. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State.

In compliance with A.R.S. § 35-394, all Contractors must select one of the following:

Company does not use, and agrees not to use during the term of the contract, any of the following:

· Forced labor of ethnic Uyghurs in the People’s Republic of China;

· Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or

· Any Contractors, Subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

Energy & Environmental Advisors, Inc.

Company name

Signature of person authorized to sign

600 4th Street, Suite 950

Patrick J. Vuchetich, President

Address

Printed name and Title

Sioux City, IA 51101

City, State, ZIP

Solicitation Attachment – Forced Labor of Ethnic Uyghurs Ban | Revision No. 2 | Revised 11-22 Attachment 4 – Confidential Information Designation

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that are proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (copy attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(51).

Complete this form and return it with your Offer along with the appropriate supporting information to assist the State in making its determination as to whether any materials submitted as part of your Offer should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure. Offerors shall create a redacted version of documents containing confidential information upon request from the Procurement Officer.

STATE WILL NOT CONSIDER ANY MATERIAL IN YOUR OFFER “CONFIDENTIAL” UNLESS DESIGNATED ON THIS FORM.

Check one of the following – if neither is checked, State will assume that it is equivalent to “DOES NOT”:

This response DOES NOT contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317; or

1. Is a formula, pattern, compilation, program, device, method, technique or process;

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

NOTE: Failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(51) will become public in accordance with A.A.C. R2-7-C317. State may make its own determination on materials in accordance with A.A.C. R2-7-103.

If State agrees with Offeror’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

By submitting this response, Offeror agrees that the entire Offer, including confidential, trade secret, and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Offeror agrees to indemnify and hold State, its agents and employees, harmless from any claims or causes of action relating to State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by State in defending such an action.

Energy & Environmental Advisors, Inc.

Company name

Signature of person authorized to sign

600 4th Street, Suite 950

Patrick J. Vuchetich, President

Address

Printed name and Title

Sioux City, IA 51101

City, State, ZIP

Attachment 4 – Confidential Information Designation (for reference only)

A.A.C. R2-7-103 [Confidential Information] as was current at time of Solicitation issuance

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

rev.02-23

Attachment 5 – Conformance Statements

If taking exceptions, the relevant subsequent pages titled “Attachment Supplements” must be completed. Attach additional pages as needed.

STATE WILL NOT CONSIDER ANY EXCEPTIONS UNLESS DESIGNATED ON THIS FORM.

READ ALL INSTRUCTIONS TO OFFERORS BEFORE TAKING ANY EXCEPTIONS. OFFERS WITH EXCEPTIONS MAY BE FOUND NOT SUSCEPTIBLE FOR AWARD UNDER A.A.C. R2-7-C311 OR RECEIVE LOWER SCORES DURING EVALUATION.

IF NEITHER BOX IS CHECKED UNDER ANY SECTION BELOW, THE OFFEROR’S RESPONSE TO THAT SECTION WILL BE CONSIDERED “YES” AND STATE WILL INTERPRET THE OFFER AS IF THERE WERE NO EXCEPTIONS TAKEN.

CONFORMANCE TO THE INSTRUCTIONS TO OFFERORS

Check one of the following:

YES – Offeror acknowledges that it has read and understands the Special Instructions to Offerors and Uniform Instructions to Offerors of the Solicitation Documents and attests that its Offer complies with both.

CONFORMANCE TO THE SCOPE OF WORK

Check one of the following:

YES – Offeror acknowledges that it has read and understands the Scope of Work Document and the Pricing Document of the Solicitation Documents and attests that its Offer complies with both.

CONFORMANCE TO THE CONTRACT TERMS AND CONDITIONS

Check one of the following:

YES – Offeror acknowledges that it has read and understands the Special Terms and Conditions and the Uniform Terms and Conditions, along with their respective Exhibits and Appendices of the Solicitation Documents and attests that its Offer complies with all.

Energy & Environmental Advisors, Inc.

Company name

Signature of person authorized to sign

Attachment Supplement 5 – Conformance Statements - Exceptions to Instructions

Special Instructions to Offerors

Rationale: X

Uniform Instructions to Offerors

Company name

Signature of person authorized to sign

Attachment Supplement 5 – Conformance Statements - Exceptions to Scope of Work

Scope of Work

Company name

Signature of person authorized to sign

Attachment Supplement 5 – Conformance Statements - Exceptions to Contract Terms and Conditions

Special Terms and Conditions

Uniform Terms and Conditions

Company name

Signature of person authorized to sign

Solicitation Attachment – Conformance Statements | Revision No. 1 | Revised 11-22 Attachment 6 – Key Personnel

Answer all questions in the spaces provided. Complete this form in full for each Key Personnel proposed to be involved in performing the services, carrying out the Work. It is essential that the Contractor is capable of providing adequate staff of experienced certified/qualified personnel, capable of providing the services to be performed under this Contract.

· To submit an Offer, Offeror is required to propose Key Personnel.

· Offeror is to complete Attachment 6 Key Personnel Form in full for all Key Personnel proposed.

· Answer all questions in the spaces provided.

· Maximum pages for each Key Personnel is two (2) pages for each employee.

· Insert or attach a separate resume as applicable, but any attached resumes are supplemental to this form and do not substitute for this form

· Offer must include a minimum of 3 Key Personnel.

Attachment 6 – Key Personnel (Continued)

Describe experience in performing Services similar to those that are to be assigned in the Scope of Work. (Project/Client/ Completion Date):

Served as Manager of contract (ADEQ18-00008257) for UST Inspections from August 31, 2018 to present. Oversees all aspects of the contract. 25+ years of previous experience with management of key personnel for state-awarded environmental program contracts. Supports key personnel with policies and procedures, litigation and subrogation matters, regulation review and interpretation as well as periodic training of professional staff.

International Institute of Human Rights, University of Strasbourg, Strasbourg, France 1981 Public International Law, International Court of Justice, The Hague, The Netherlands 1981 Church State Law, University of Notre Dame, Law School, Notre Dame, Indiana 1978 B.S. English, Political Science, Wayne State College, Wayne, Nebraska 1976 AAS, Architectural Drafting, Hasting Technical Community College, Hastings, Nebraska 1974 Licensed to Practice Law, State of Nebraska and the United States District Court for Nebraska. Nebraska Bar Number 16951 Licensed Insurance Agent in the State of Nebraska from 1994 -1998 Member of the National Association of Subrogation Professionals

Describe experience in performing Services similar to those that are to be assigned in the Scope of Work (Project/Client/ Completion Date):

Assists Manager of the contract (ADEQ18-00008257) for UST Inspections (from August 31, 2018 to present) on compliance matters as well as financial aspects (i.e., accounting) of contract. Thirty-five years of experience with state agency tank divisions assisting in establishing methods and procedures to meet and to document state compliance requirements within 40 CFR 280.

Certified Public Accountant Examination Passed Above Ground Storage Tank Technology Class – April 21-23, 1997 - University of Wisconsin-Madison Inventory Control Workshop – March 4, 2007 – Marcel Moreau GAAP training – GASB 34 – June 2002 Missouri A/B and C Operator Training – 2015 NASACT – GASB Review – 2015

Describe experience in performing Services similar to those that are to be assigned in the Scope of Work. (Project/Client/ Completion Date):

Troy Roberts has worked in the petroleum storage industry for 12 years developing commercial, retail and aviation fueling systems and automotive maintenance equipment. He has also performed site-specific maintenance and testing of petroleum storage tanks, piping, containment components, monitoring devices, and venting in accordance with federal, state, local and manufacturers specifications.

ADEQ UST Decommissioning – D00387 Arizona Online Class A/B/C Operator Training, Certificate #0365121 EPA UST Inspector Compliance Training – 2/18/2019 ICC UST Decommissioning – Expires 1/19/25 ICC UST Installation/Retrofitting – Expires 1/11/25 NEIWPCC NLPA/KWA Standard 823 Petroleum Sumps – 12/14/2020 OSHA #2264 Permit-Required Confined Space Entry Certification (11/03/2016, UT Arlington) 8 Hour HAZWOPER Refresher Training - 3/9/23, Certificate #2303095277848 OSHA 40 hour HAZWOPER Training – 4/29/19, Certificate #1904291277848 PEI Service Technician Level 1

PEI RP100-20 – 8/10/20

PEI RP1200-19 – 8/10/20

PEI RP1300-20 – 1/4/21

PEI RP1400-14 – 9/25/20

PEI RP1700-18 – 4/8/20

ZCL XERXES UST Installation Training 12/26/19 ASTM TPT on Aviation Fuels: Specifications and Test Methods (11/11-13/2014, Phoenix, AZ)

Solicitation Attachment – Key Personnel | Revision No. 1 | Revised 11-22

Describe experience in performing Services similar to those that are to be assigned in the Scope of Work. (Project/Client/ Completion Date):

Construction Project Manager with 21 years of experience in General Contracting and 16 years of experience in Petroleum Construction. Extensive involvement with Project Execution, Safety, Client & Vendor Relations, Staffing and Staff Development, Estimating, Budgets and Contracts.

ADEQ UST Decommissioning – D00429 Arizona Online Class A/B/C Operator Training, Certificate # 0370420 OSHA 30 Hour Construction Safety – 1/29/2023, Certificate # 2301291434321 ICC UST Installation/Retrofitting U1 – Certificate #9951402 ICC UST Decommissioning U2 – Certificate #9951402 American College of Surgeons Stop The Bleed – 11-15-22 Texas UST A&B UST On-Site Supervisor – License #US0001210 United Academy – Excavation Safety Training for Competent Persons – 6/23/22

Describe experience in performing Services similar to those that are to be assigned in the Scope of Work. (Project/Client/ Completion Date):

Randy worked with Tanknology for two year performing monthly and annual inspections. He spent several years as a CDL driver delivering fuel to retail stations throughout Arizona. He worked for the past 3 years as part of Williams TICE inspection team performing routine inspections and is approved as a MIC Lining inspector.

ICC UST Decommissioning – Preparation Course, Cert # 0349924 30-Day Walkthrough Inspection Course – Certificate # 0372970 EPA UST Inspector Certification – 11/19/2019

Describe experience in performing Services similar to those that are to be assigned in the Scope of Work. (Project/Client/ Completion Date):

x

Attachment 7 – Letter of Insurability

The Offeror shall provide a Letter of Insurability from the Insurance Company as a proof that the Offeror currently possesses the required insurance as stated in Section 6.2 of the Special Terms and Conditions or the Offeror is able to obtain the required Minimum Scope and Limits of Insurance should a contract be awarded to them.

The Letter of Insurability (and any additional letters) should be clearly marked as:

A Certificate of Insurance is included with our response as Attachment - Supplement Insurance.

Attachment - Supplement Insurance NOTE: Awarded Contractors shall provide a Certificate of Insurance (e.g. ACORD forms) and associated policy endorsement(s) electronically prior to beginning Service(s) or performing any other work under the Contract. Contractors shall also provide updated Certificates of Insurance electronically, so the State has current Certificates of Insurance as required under the Contract.

Solicitation Attachment – Letter of Insurability | Revision No. 1 | Revised 11-22 Attachment 8 – Organization Profile

Contract Representatives

Licenses/Certifications

Expired

Financial Information (attach financial statements with income/balance sheets as Supplements) (state the Type of Rating/Name of the entity issuing the Rating i.e. Dun & Bradstreet and/or other financial rating, and the Score/Rank that was issued.

Capacity

Sioux City, IA 51101

Kansas City, MO 64114

Jefferson City, MO 65110-4116

Solicitation Attachment – Organization Profile | Revision No. 1 | Revised 11-22 Attachment 9 – Proposed Subcontractors

Check “NO” if you WILL NOT subcontract any portion of the Work and will therefore be performing all of the Work with your own personnel.

NO, the Offeror will not subcontract any portion of the Work.

If you WILL subcontract any portion of the Work, check “YES” below and list the name(s) of persons or companies you propose to use as Subcontractors.

1. Fill in the information for each significant Subcontractor – indicate the type of work the Subcontractor will perform under the Contract and their approximate percentage of the total Contract work;

2. Provide copies of relevant certifications each person or firm possesses attached to this form; AND

3. Provide a description of quality assurance (QA) and quality control (QC) measures that you will use to ensure that Subcontractor’s work meets the Contract requirements.

State may demand additional information about proposed Subcontractors as a precondition of Award.

Solicitation Attachment – Proposed Subcontractors | Revision No. 1 | Revised 11-22

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

[Contact information] Yes or No [Work to be performed]

[QA/QC measures] X

Attachment 10 – Experience and Capacity Response

THE STATE MAY DETERMINE YOUR PROPOSAL NON-RESPONSIVE IF YOU DO NOT FULLY RESPOND.

The Offeror shall provide a narrative response to each section that demonstrates their understanding of the Scope of Work requirements and describes the company’s overall experience and capacity in providing the Services stated in this Solicitation.

Offeror shall provide a response either after each section or in a separate document entitled: “Attachment - Experience and Capacity Response.” If a separate document is used, please clearly designate each section and double-check to ensure that each question has been answered. If any information provided is considered CONFIDENTIAL by Offeror, the information must be specifically included in the Confidential Information Designation Attachment and related documentation to be assessed for confidential treatment under A.A.C. R2-7-103.

1.0 Company Profile. The Offeror must include a narrative description of its organization. The narrative must include the following:

1.1 Brief overview of business operations, with an emphasis on experience in regards to the Scope of Work;

Our firm stability and market strength can be measured chronologically by our 94 years of being in business. We are not a newcomer to this industry. Our reliability can be measured by our 34 years of successfully providing the administrative services to state environmental programs. Our clients rely on our expertise in the areas of compliance and tank system equipment (e.g., tank/piping/release detection), which is a significant part of our client services. In addition, our existing clientele will attest to our accommodating and flexible service and the delivery of a superior product promptly, which they rely upon.

The personnel providing services within the Environmental Division bring a unique and multi-disciplined approach to each project. This team includes diverse backgrounds in earth sciences, business, insurance, claims adjudication, law, accounting, process improvement, and information management systems. Several of our senior staff members have participated in national forums, committees and boards regarding tanks, release detection, tank equipment and financial responsibility. Our firm is a results-oriented firm committed to service and professionalism.

We have significant experience providing compliance (routine) inspections, observations of new tank installations, modifications to existing tank systems, relining tanks and tank closures. As of April of 2023, we have performed thousands of compliance inspections, observed hundreds of new tank installations, observed several dozen tank lining events, and we have observed and reported on over ten thousand tank closures. Each event required a report that included collections of pertinent data and applicable photographs.

We have expert compliance inspectors, tank equipment experts, subject matter experts, IT staff and support staff dedicated to provide and maintain our UST inspection services for the State of Arizona. Our business provides similar services to other states. We have an organization that is structured to continue steadfast UST inspection services in Arizona.

1.2 Location in which the Offeror is incorporated; State of Iowa

1.3 Address of “Main Office” (e.g. Corporate Headquarters and any satellite offices) responsible for performance of proposed tasks;

· Corporate Headquarters: 600 4th Street, Suite 950, Sioux City, IA 51101

· Satellite offices: 9237 Ward Parkway, Suite 220, Kansas City, MO 64114

· We have 3 Inspectors that are residents of Arizona

1.4 Offeror's organizational chart relevant to the Contract, specifically identifying the key point of contact for all questions related to the submitted Offer;

1.5 Full disclosure of any potential conflict of interest between the Offeror and any State employee who functions or has responsibilities in the review or approval of the undertaking or carrying out of the Contract; None

1.6 A Statement of whether, in the last five (5) years, the Offeror has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors, and if so, an explanation providing relevant details and current status; None

1.7 A Statement of whether there are any pending Securities Exchange Commission investigations involving the Offeror, and if such are pending or in progress, an explanation providing relevant details and an attached opinion of counsel as to whether the pending investigation(s) may impair the Offeror’s performance in a Contract under this Solicitation; None

1.8 A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation that may have a material impact on Offeror’s ability to deliver the contracted Services; None

1.9 A Statement documenting all open or pending litigation initiated by Offeror or where Offeror is a defendant or party in any litigation with a public sector client; None

1.10 Full disclosure of any public sector contracts terminated for cause or convenience in the past five (5) years; None

1.11 Full disclosure of any criminal or civil offense; None

1.12 Offeror shall provide evidence of any Arizona required business license to provide these Services; Entity ID for Williams & Company Consulting, Inc. 1895985. Entity ID for EEA is pending.

1.13 Offeror shall provide copies of any professional or industry certifications that represent the Services detailed in this Solicitation. Certifications are listed under key personnel and copies of certificates relevant to Scope of work are included, as part of this response, under document: Attachment – 6.0 Certificates Licenses

1.14 Date established; Established as Williams & Company Consulting, Inc. in 1929. Formed Energy & Environmental Advisors, Inc. in April of 2023 to better reflect the changing nature of the petroleum storage industry and the retail fuel market.

1.15 Ownership (public, partnership, subsidiary, etc.). Privately Owned Offeror Response:

Responses in blue above.

Attachment 10 – Experience and Capacity Response (Continued)

2.0 Company Experience

2.1 What market(s) are your current clients primarily in?

EEAs’ current clients are primarily in the petroleum industry, to include state environmental agencies, petroleum marketers and petroleum marketer associations.

2.2 What experience do you have serving clients in business markets within the State of Arizona?

EEA (formerly, Williams & Company Consulting, Inc.) has worked with the ADEQ on two contracts including: ADEQ17-00007490 Operator Training and ADEQ18-00008257 UST Inspections. Both contracts have provided us with a great deal of experience in working with the ADEQ and owners and operators of Arizona petroleum storage tank facilities to ensure compliance with the Arizona UST Regulations.

2.3 What is the range in size of your current clients?

Our client base ranges in size from state governmental agencies, petroleum marketers associations, and regional C-Store owners with one to 500 locations.

2.4 Provide at least one example per UST Inspection type that exhibits your experience for clients relevant to the Scope of Work for UST Inspections. Provide supporting documentation as a separate attachment and title the document: “Attachment - Company Experience”.

Williams & Company Consulting, Inc. (now providing as Energy & Environmental Advisors, Inc.) currently holds ADEQ18-00008257 UST Inspections contract for ADEQ and has been performing each type of inspection, relevant to the scope of work, since August of 2018. We provided inspection reports to demonstrate these examples in Attachment – Company Experience.

2.5 State your Company Experience (including # of years) providing related services for clients.

Since the 1988 EPA establishment of regulations on underground storage tanks, our firm has provided and continues to provide environmental consulting services to state governments, private tank owners and a Canadian Province. Williams & Company Consulting, Inc. (now providing as Energy & Environmental Advisors, Inc.) currently holds ADEQ18-00008257 UST Inspections contract for ADEQ (August 31, 2018 to present). We have a wide range of experience in environmental program design, review and analysis. Areas of our experience include:

· Developing Site Inspection Programs

· Developing UST Owner/Operator Training

· Developing an ICC Preparation Course for Decommissioning tanks

· Developing an ICC Preparation Course for Tank Installation (In progress)

· Researching and developing policies and procedures

· Drafting administrative rules

· Review of governmental UST programs and procedures

· Drafting Legislation

· Designing processes to streamline remediation

· Designing a comprehensive environmental management system

· Developing cost control guidelines

· Developing risk based corrective action guidelines (RBCA)

· Designing a claims management system

· Designing an insurance program (financial responsibility)

· Designing a financial management system

· Designing program forms, newsletters, and general communication materials

· Testifying at administrative and legislative hearings regarding funding, remediation technologies, program organization

· Strategic Planning Facilitation

· Spill Prevention Control and Countermeasure Plans

· UST/AST Operation and Maintenance Plans

· Phase 1 and Phase 2 Environmental Risk Assessments

2.6 Indicate the (city/state/country) where you have provided related services for clients.

We currently provide the specific inspection services, as requested in this RFP, in the state of Arizona. Over the years, we have held contracts (requiring similar services) with the state of Iowa, Illinois and Missouri (to present) as the third-party administrator of their insurance funds. Our Class A/B/C UST Operator compliance training is approved in 25 states, but not limited to Alaska, Alabama, Arizona, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Iowa, Kansas, Louisiana (exclusively approved), Michigan, Missouri (exclusively approved), Nebraska, Nevada, New Mexico, Ohio, Pennsylvania, Rhode Island, Texas, Utah, Virginia, Washington and Wisconsin.

2.7 How long have you provided services to your longest tenured client? We have been the third-party administrator of the Missouri Petroleum Storage Tank Insurance Fund for over 31 years.

2.8 In the last five (5) years, did any of your clients cancel their contracts with your company? If “yes”, why? Please provide as much detail as possible. No

2.9 With what relevant trade and/or professional associations are you involved? How does this participation give you an advantage over your competition?

By attending conferences and visiting directly with the owners and operators of petroleum storage tanks, we understand their compliance needs and concerns. This allows our personnel to be well informed of the trends in equipment, compliance and the needs of the tank owners.

See responses in blue above

3.0 Financial/Accounting Information

Offeror must provide evidence of financial stability and capability to fund all costs associated with providing the relevant Materials or Services throughout the term of the Contract. See RFP Solicitation Special Instructions to Offerors, Section 6.7 Financial Stability.

Offeror Response:

Solicitation Attachment – Experience and Capacity Response | Revision No. 1 | Revised 11-22 Energy & Environmental Advisors, Inc. (formerly Williams & Company Consulting, Inc.) has been providing the services outlined in this Request for Proposal to the Arizona DEQ since September of 2018 without any financial issues or concerns. Established in 1929, we are a small privately held company that does not have audited financial statements. Further evidence of our financial stability is demonstrated as we have successfully provided the third party administration services to the Missouri Petroleum Storage Tank Insurance Fund since March of 1992. If we are selected to provide the services requested in this Request for Proposal, if requested, we will submit our financial statements to the Procurement Officer prior to contract award.

4.0 Proposed Project Members and Organization

Utilize Attachment 6 to identify Key Personnel to be utilized to perform services within a resultant contract.

5.0…