BPM006379 Solicitation Requirements.pdf

Request for Proposal under A.R.S. § 41-2534

Notice Page

Arizona Department of Environmental Quality (ADEQ)

1110 W. Washington Street Phoenix, AZ 85007

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 1 of 67

Solicitation Number: BPM006379

Description: Capacity Development/Technical Assistance to Small Public Drinking Water Systems

Solicitation Due Date and Time: As indicated in APP

Pre-Offer Conference: Pre-Offer Conference will not be conducted

Proposals will only be accepted online in the “State’s eProcurement System”, Arizona Procurement Portal (APP), at https://app.az.gov until the “Bid/Offer Due Date” indicated in the “State’s eProcurement System” for the Solicitation No. shown at the top of this page. Proposals must be in the State Procurement Office’s possession online no later than that deadline.

Submit technical inquiries about navigating and/or submitting proposals in the State’s eProcurement System to the State’s eProcurement System Help Desk by phone at (602) 542-7600, option 2; or by email to app@azdoa.gov.

FOR QUESTIONS REGARDING THE SOLICITATION - Submit questions in writing via the “Discussions with Buyer” tab in APP no later than: August 19, 2024 at 5:00 P.M. Local Arizona Time.

LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in the “State’s eProcurement System”.

It is the responsibility of the Prospective Offeror to routinely check the APP website for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Solicitation contact person. Requests shall be made as early as possible to allow time to arrange for the accommodation.

https://app.az.gov/ https://app.az.gov/ mailto:app@azdoa.gov

Table of Contents Request for Proposal under A.R.S. § 41-2534

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 2 of 67

Click here to return to the Table of Contents

Notice Page

Table of Contents

Solicitation Summary 3

Scope of Work 5

Special Terms and Conditions 22

Addendum A to the Special Terms and Conditions 45

Uniform Terms and Conditions 10.5 50

Solicitation Summary

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 3 of 67

Solicitation Summary

1. What is the State Soliciting?

The Arizona Department of Environmental Quality (ADEQ), Procurement Division, as authorized under A.R.S. § 41-2501 et seq. is seeking to establish one or more single-agency Contract(s) to provide a range of services related to the technical, managerial and financial (TMF) capacity of small public water systems (PWS) serving less than 10,000 people.

ADEQ, also referred as the “eligible agency” anticipates awarding contract(s) with the intent to secure service coverage statewide. Whether or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded between those contracts are all at the State’s discretion. Furthermore, the State will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending under them.

The State reserves the right to accept any item or combination of items specified in the Solicitation, unless the Offeror expressly restricts an item or combination of items in its Offer, and conditions its response on receiving all items for which it provided a proposal. In the event of such restriction, the State will evaluate if an award on such a basis will result in the best value and is in the best interest for the State. The State may otherwise determine, at its sole discretion, that such restriction is non-responsive and deem the Offeror ineligible for further evaluation.

2. What is in the Solicitation?

2.1. At the time of publication, the following documents are included in the Solicitation:

2.1.1. Attachment: BPM006379 Solicitation Requirements

2.1.1.1. Notice / Cover Page

2.1.1.2. Table of Contents

2.1.1.3. Solicitation Summary

2.1.1.4. Scope of Work

2.1.1.5. Special Terms and Conditions

2.1.1.6. Addendum A to the Special Terms and Conditions

2.1.1.7. Uniform Terms and Conditions

2.1.2. Attachment: BPM006379 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Standard Instructions to Offerors (RFP)

2.1.3. Solicitation Attachments (to be completed and returned with Offer)

2.1.3.1. Offer and Acceptance

2.1.3.2. Boycott of Israel Disclosure

Solicitation Summary

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

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2.1.3.3. Forced Labor of Ethnic Uyghurs Ban

2.1.3.4. Confidential Information Designation

○ Confidential Information Designation (for reference only)

2.1.3.5. Conformance Statements and Exceptions Requests

2.1.3.6. Key Personnel

2.1.3.7. Letter of Insurability

2.1.3.8. Organization Profile

2.1.3.9. Proposed Subcontractors

2.1.3.10. Experience and Capacity Response

2.1.3.11. References

2.1.3.12. Method of Approach

2.1.3.13. Pricing Sheet

2.1.3.14. Offer Checklist

2.2. The State may issue a Solicitation Amendment at any time after Solicitation publication and before the Offer due date. It is the responsibility of the Prospective Offeror to routinely check the APP website for any Solicitation Amendments and revised documents.

Scope of Work

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 5 of 67

Scope of W ork

Scope of Work

1.0 PURPOSE

The Arizona Department of Environmental Quality (ADEQ) is seeking Contractors to provide a range of services related to the technical, managerial and financial (TMF) capacity of small public water systems (PWS) serving less than 10,000 people. These services will be utilized by the Arizona Department of Environmental Quality, on an as-needed, if needed basis.

2.0 BACKGROUND

The 1996 Amendments to the Safe Drinking Water Act (SDWA), section 1420(c), require states to establish capacity development programs and strategies to identify and prioritize PWSs in need of technical assistance. One of the most critical needs is for one-on-one, on-site technical assistance to help water system operators, owners and managers develop the technical, financial and managerial skills they need to provide healthy drinking water to their consumers consistently, reliably and at a reasonable price.

ADEQ revised its capacity development strategy for new and existing public water systems in April 2022. In its 2022 strategy, ADEQ modified its approach in offering technical assistance to public water systems by prioritizing, in the following order, those small public water systems that have:

● Health-based standard violations with consideration given to factors such as o acute vs. chronic pollutant, o concentration level, o age of the violation, o population sensitivity;

● Treatment technique violations;

● Projected exceedances of a health-based standard based on predictive modeling;

● Need for TMF capacity building (e.g., optimization, water loss, rate review, corporate structure);

● Enforcement actions requiring technical support to resolve (e.g., design, permitting, funding); and

● Other TMF needs.

Having developed this method for prioritizing water systems, ADEQ is seeking qualified contractors with experience to provide timely, cost-effective and tailored technical assistance directly to small public water systems that ADEQ identifies as most in need.

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 6 of 67

3.0 ACRONYMS

A.A.C. - Arizona Administrative Code

ACC - Arizona Corporation Commission ADEQ - Arizona Department of Environmental Quality ADHS - Arizona Department of Health Services

ADWR - Arizona Department of Water Resources AWIA - America's Water Infrastructure Act of 2018 AWWA - American Water Works Association CDBG - Community Development Block Grants CPR - Contractor Performance Review DBP - Disinfection By-Products

EOP - Emergency Operations Plan EPA - Environmental Protection Agency

ERP - Emergency Response Plan MSSP - Microbiological Sample Siting Plan O & M - Operations & Maintenance Manual PER - Preliminary Engineering Report PPL - Project Priority List PFA - Project Financing Application PWS - Public Water System RD-Apply - USDA Rural Development - online application program SDWA - Safe Drinking Water Act TMF - Technical, managerial and Financial USDA - United States Department of Agriculture WIFA - Water Infrastructure Finance Authority of Arizona

4.0 REGULATORY REQUIREMENTS

Specific Laws: The Contractor agrees that all work authorized must be performed in conformance with all applicable Federal, State, and local laws, regulations, and rules including, but not limited to the following:

4.1 Safe Drinking Water Act (SDWA), Section 1420(c)

4.2 A.A.C. Title 18, Chapter 5 and Chapter 9

5.0 SCOPE REQUIREMENTS

These services will be needed throughout the state of Arizona and aimed at assisting community and non-profit, non-transient/non-community public water systems, serving less than 10,000 people on non-tribal lands in Arizona, in gaining technical, managerial and financial capacity to achieve and maintain compliance with both the SDWA and ADEQ requirements.

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 7 of 67

ADEQ anticipates awarding approximately 45-70 task orders each fiscal year, depending on the level of annual funding. The menu of possible services includes:

Capacity Development Technical Assistance Menu of Services Item Deliverable

Description Deliverable Guidance Deliverable

Quantity & Category

1. Asset Management Plans https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100U7T 2.txt (minimum expectation)

Hourly rate:

deliverables based on specific system

2. Capacity Development Activities

Agency specific requirements Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

3. Capacity Development Training (technical, managerial, financial)

Agency specific requirements

Hourly rate: 4 -7 hour course provided to water system or at an ADEQ sponsored training event;

preparation & delivery

4. Construction Administration & Construction Management

Industry standards Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

5. Design of water system improvements

A.A.C. Title 18, Chapter 5, Article 5 & ADHS Bulletins 8 & 10

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

6. Developing regulatory plans (e.g., O&M, EOP, ERP, cybersecurity)

Agency specific requirements

EOP: R18-4-204

ERP: SDWA 1433(b)

MSSP: (R18-4-126, 40 CFR §141.853)

DBP: (R18-4-124, 40 CFR §141.622)

Lead/Copper: (R18-4-111, 40 CFR §141.91) O&M: (R18-4-203)

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

7. Drinking water permit applications

A.A.C. Title 18, Chapter 5, Article 5 & ADHS Bulletins 8 & 10

Hourly rate:

deliverables based on https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100U7T2.txt https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=P100U7T2.txt

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 8 of 67

(e.g., ATC, AOC, APP, AZPDES) specific system needs, maximum hours listed in proposal

8. Funding assistance (e.g., PPL, PFA, RD- Apply)

Receiving agency (WIFA, USDA, Community Development Block Grants (CDBG), etc.) requirements

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

9. Legal assistance (e.g., forming corporate status, corporate documents)

Arizona requirements Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

10. Median Household Income Surveys

Receiving agency (WIFA, USDA, CDBG, etc.)

requirements

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

11. Preparing Corrosion Control Assessments & Treatment Recommendations

Agency specific requirements Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

12. Preparing Environmental Documents/Archeol ogical Surveys

Receiving agency (WIFA, USDA, CDBG, etc.)

requirements

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

13. Preparing Preliminary Engineering Reports

(PER)

Receiving agency (WIFA, USDA, CDBG, etc.)

requirements

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

14. Rate studies, rate reviews, rate cases

EPA & AWWA guidance found at:

https://www.epa.gov/dwcapacity/resources-setting-small-system-water-rates (minimum expectation)

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

15. Risk & Resiliency Assessments

EPA guidance & AWIA requirements found at: https://www.epa.gov/sites/production/files/2019- 07/documents/baseline_information_malevolent_acts _508_072519.pdf and https://www.awwa.org/Store/AWWA-J100-10-R13- Risk-and-Resilience-Management-of-Water-and- Wastewater-Systems/ProductDetail/21625

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal https://www.epa.gov/dwcapacity/resources-setting-small-system-water-rates https://www.epa.gov/dwcapacity/resources-setting-small-system-water-rates https://www.epa.gov/sites/production/files/2019-07/documents/baseline_information_malevolent_acts_508_072519.pdf https://www.epa.gov/sites/production/files/2019-07/documents/baseline_information_malevolent_acts_508_072519.pdf https://www.epa.gov/sites/production/files/2019-07/documents/baseline_information_malevolent_acts_508_072519.pdf https://www.awwa.org/Store/AWWA-J100-10-R13-Risk-and-Resilience-Management-of-Water-and-Wastewater-Systems/ProductDetail/21625 https://www.awwa.org/Store/AWWA-J100-10-R13-Risk-and-Resilience-Management-of-Water-and-Wastewater-Systems/ProductDetail/21625 https://www.awwa.org/Store/AWWA-J100-10-R13-Risk-and-Resilience-Management-of-Water-and-Wastewater-Systems/ProductDetail/21625

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 9 of 67

16. System Evaluations See Exhibit A Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

17. Water Loss Audits & Leak Detection

EPA & AWWA guidance found at:

Control and Mitigation of Drinking Water Losses in Distribution Systems, US EPA 2010.

http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=P1009V CZ.txt The State of Water Loss Control in Drinking Water Utilities https://www.awwa.org/Resources- Tools/Resource-Topics/Water-Loss-Control

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

18. Water Master Planning

EPA Guidance EPA-832-R-12-001 (2/2012) Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

19. Water Quality Compliance Options Reports

See Exhibit B Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

20. Well Evaluations including water level measurements, zonal sampling & video logging

Industry standards Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

21. Other deliverables Receiving agency (WIFA, USDA, CDBG, ACC, EPA, etc.)

requirements

Hourly rate:

deliverables based on specific system needs, maximum hours listed in proposal

6.0 CONRACTOR PERFORMANCE REVIEW (CPR)

The ADEQ Project Manager will complete a CPR (Exhibit C). Exhibit C may be revised by ADEQ, as needed. Upon completion of a Task Order, the Contractor shall be evaluated based on the following ratings and performance categories:

● Quality: Compliance with Contract Requirements; report accuracy; effectiveness of personnel; and technical excellence.

● Cost Control: Controlling budget, current, timely and accurate billing.

http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=P1009VCZ.txt http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=P1009VCZ.txt https://www.awwa.org/Resources-Tools/Resource-Topics/Water-Loss-Control https://www.awwa.org/Resources-Tools/Resource-Topics/Water-Loss-Control

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 10 of 67

● Timeliness of Performance: Met interim milestones; reliability; response to technical direction; completed project on time; and met delivery schedules.

● Business Relations: Effective management; reasonable/cooperative behavior;

responsive to Contract requirements; notification of problems; flexibility; and proactive versus reactive.

● Small Water System Contractor Evaluation: ADEQ will provide the public water systems a customer survey upon task order completion for Contractor evaluation.

This evaluation will include the following categories: Professional, timely, knowledge and expertise, usefulness of deliverable.

6.1 Upon completion of the CPR, the ADEQ Project Manager shall forward the CPR to the Contractor.

6.2 The Contractor shall have seven (7) calendar days from the date of the Contractor’s receipt of the CPR to review and provide a response to the ADEQ Project Manager regarding the contents of the report.

6.3 Upon Contractor review, the Contractor may provide a response (if any) to the ADEQ Project Manager. The Contractor may submit comments, rebuttal (disagreements) or additional information to the ADEQ project manager to contest the CPR ratings.

6.4 If the Contractor does not respond to the CPR within the seven (7) calendar days, the CPR is deemed appropriate for the Task Order. In this instance, the ADEQ project Manager shall sign the CPR. A CPR is considered complete only after the ADEQ Project Manager signs the report.

6.5 The CPR will be attached to the Contract in the e-procurement system.

7.0 TASK ORDERS

Any work under this contract shall be authorized by a Task Order issued by the ADEQ Project Manager. No work is to be performed without a Purchase Order. No additional work is to be performed without an approved Task Order Amendment. Firms that receive an award will be qualified to receive and compete for task orders within the best interest of the state.

7.1 Task Order Offer Requests:

7.1.1 ADEQ will submit an initial task order offer request by e-mail. Response to task order offer request shall be acknowledged by the Contractor within five (5) business days, unless instructed otherwise, by e-mail with either a “yes” or “no” interest in submitting a task order offer. The awarded Contractor(s) shall have a designated e-mail address/telephone number to receive all task orders.

7.1.2 Contractor shall respond to ADEQ with a proposal, within the timeframe specified in the task order offer request, which is generally 10 (ten) business days.

7.1.3 ADEQ may choose to solicit task order offers from one or more than one Contractor in whatever manner is in the best interest of the State.

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 11 of 67

7.2 Task Order Offers:

7.2.1 Task order offers shall contain all necessary information and detail documenting the proposal to fully address the scope of work and project goals of the task order offer request. Include deliverable completion date(s) for each task(s) and suggested changes to the initial Scope of Work, if any.

7.2.2 Task order offer cost information. Task Order offers shall include all documentation of estimated costs, including required supporting documentation, for conducting the work specified in the task order request.

7.2.3 Firm fixed price cost proposal, including the awarded contract hourly rates, as specified in the Pricing Sheet. Contractor shall submit a Detailed Cost Proposal to explain the cost proposal total. All applicable cost lines on the Detailed Cost Proposal must be included even if subcontracted to other companies for the work. If the rate is a subcontracted rate, mark with an asterisk. Subcontracted Services (i.e. drillers, laboratories, etc.) shall not include mark-up.

7.2.4 The task order offer may include additional assumptions and/or recommendations for additional work, including supporting rationale, for satisfying the requirements of the solicited scope of work.

7.2.5 Specific personnel to be assigned to complete the work. Key Personnel is reviewed and approved by ADEQ. If key personnel change at any time during execution of the contract, the Contractor is responsible to notify ADEQ of the key personnel changes and submit resumes for review and approval.

7.2.6 Conflict of Interest language is included in Section 8 below.

7.2.7 If a task order scope of work is sent to the Contractor and the Contractor finds additional work is required to complete the Task Order this will be negotiated between the ADEQ Project Manager and the Contractor at that time.

7.2.8 ADEQ reserves the right to add related services to the contract as determined to be in the best interest of the State. The cost of any additional services shall be negotiated.

7.3 Task Order Offer Selection Process:

7.3.1 A Task Order may be assigned in any manner appropriate for fair and competitive purposes. A Task Order may be assigned based on performance, geography or cost, whichever is in the best interest of ADEQ.

7.3.2 The intent of the Task Order process is to achieve the best value for ADEQ.

Negotiations may be held with the Contractors who submit a task order offer. Labor rates as specified in the Contract are not negotiable.

7.3.3 If fair and reasonable compensation and Task Order requirements cannot be agreed upon with the chosen Contractor, the Contractor shall be notified in writing of the termination of negotiations and ADEQ will then negotiate with the next most qualified Contractor until an agreement is reached or the Task Order may be canceled.

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 12 of 67

7.4 Award of Task Order Offer:

7.4.1 ADEQ will award task orders using the Task Order Form (Exhibit D). Exhibit D may be revised by ADEQ, as needed.

7.5 Changes in Task Order Scope:

7.5.1 ADEQ at any time by written Task Order Amendment (i.e. Change Order) may make changes to the Task Order.

7.5.2 No adjustment in the project budget or the scheduled completion date shall be made unless authorized in a Change Order by the ADEQ manager.

7.5.3 If differing site conditions are discovered or encountered, the Contractor shall immediately notify the ADEQ Project Manager. Detailed site condition, work description, and supportive data of revised costs shall be provided in writing within three (3) days if a change in scope will be required.

7.5.4 ADEQ may choose to reject, accept, or negotiate the proposed changes, cost increases, and timeline changes. No request by the Contractor for a change order under this clause shall be allowed unless the Contractor has given the required written notice, a written task order amendment has been completed and final payment has not been made.

8.0. CONFLICT OF INTEREST

8.1 The Contractor shall submit a written disclosure regarding the existence of any real or potential Conflict of Interest that the Contractor, individual employee, or applicable Subcontractor(s) may have. The following shall be considered Conflict of Interest:

8.1.1 The existence of a current financial relationship between the Contractor and the Conflicting Party within the past five years. Financial relationship includes owing money to or being owed money by a conflicting party.

8.1.2 Having performed work for a Conflicting Party and having issued a warranty or guarantee for the work that is still in effect.

8.1.3 Allowing a Contractor employee to work on the Task Order project area if that Contractor employee was an employee of a Conflicting Party or was an employee of a Contractor to a Conflicting Party within the previous two years.

8.1.4 Acceptance by the Contractor of any gifts or gratuities from a Conflicting Party.

8.1.5 The existence of a past financial relationship in which the Contractor provided opinions or conclusions to a Conflicting Party.

8.1.6 The existence of a potential Conflict of Interest between a Contractor and a Conflicting

Party that is not defined above, but which creates an appearance of impropriety. An appearance of impropriety shall be defined as a situation where the activity of a Contractor may create the impression that a Conflict of Interest and/or a similar improper relationship exists between a particular Conflicting Party and the Contractor. An appearance of impropriety may exist even if a real Conflict of Interest (as defined above)

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 13 of 67 does not exist. ADEQ will make a determination in the best interests of the ADEQ on a specific project basis.

8.2 It shall be the duty of the Contractor to report in writing to ADEQ any real or potential Conflict of Interest situations, as noted above, within five (5) days of when the Contractor knew or should have known of their existence.

8.3 The Contractor shall provide and maintain adequate procedures and controls to ensure that if a real or potential Conflict of Interest arises or is discovered between the Contractor and a Conflicting Party, that ADEQ is notified within five (5) days of when the Contractor knew or should have known of their existence.

8.4 ADEQ reserves the right to waive Conflicts of Interest as it deems in its best interest.

8.5 All proposed Subcontractors shall be subject to the same Conflict of Interest provisions as stated above. Conflict of Interest provisions must be included in all Contracts with Subcontractors.

8.6 The Contractor shall submit with their Offer a disclosure statement concerning potential Conflicts of Interest for all employees of the Contractor potentially assigned as Personnel on an Offer.

8.7 The Disclosure statement shall address all Conflicting Party relationships. The Contractor is to provide along with its disclosure statement, information on its financial and business relationship with all Conflicting Parties and with the Contractor's parent companies, subsidiaries, affiliates, Subcontractors or current clients. This disclosure requirement encompasses past financial and business relationships, including services related to any proposed or pending litigation, with such parties.

8.8 The Contractor shall not provide data generated or otherwise obtained in the performance of a Task Order to any party other than ADEQ, or its authorized agents for the life of the Task Order, and for a period of five (5) years after completion of the Task Order except as directed by the ADEQ.

8.9. The Contractor shall not accept employment from any party other than State or Federal agencies for work directly related to the Task Order project area(s) under the Contract for five years after the Task Order has terminated. ADEQ may exempt the Contractor from this requirement through a written release.

9.0 CONTRACTOR’S PERSONNEL

Professional staffing: Contractor agrees and understands that some work, when requested in the Task Order SOW, may require the performance of a Professional Engineer (PE) and /or a Registered Geologist (RG), registered in the State of Arizona and consistent with the applicable rules and by-laws of the Arizona Board of Technical Registration. Plans, specifications, reports and other professional documents, as required by ADEQ, must be sealed by such registered professional and must be acceptable to the ADEQ Project Manager or Project Coordinator in form, timeliness, Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 14 of 67 contents and presentation. "All staff referenced must be currently employed by the vendor" to make the evaluation of the vendor accurate and better represented.

Regardless of position, role or duties, Contractor shall only assign personnel who are appropriately alert, fit, qualified, trained, and equipped for their assignments. Unless a particular Task Order specifies certain numbers of personnel, Contractor shall:

9.1 Provide adequate numbers of appropriately qualified and authorized personnel as necessary to carry out the services successfully;

9.2 Assign, at minimum, the key personnel identified in the Accepted Offer to the positions, roles, and/or duties indicated therein; and

9.3 Not remove or reassign any of those key personnel without ADEQ’s prior consent, which ADEQ may withhold at its discretion.

EXHIBITS to the Scope of Work

Exhibit A – Table of Contents for System Evaluation

Exhibit B – Table of Contents for Treatment/Compliance Options Report

Exhibit C – Contractor Performance Report

Exhibit D – Task Order Form

Scope of Work – Exhibit A

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 15 of 67

EXHIBIT A – Table of Contents for System Evaluation

1. Introduction

1.1 Purpose & Scope

2. Water System Information

2.1 General including service area, population, connections, grade(s) of system (T,D)

2.2 Sources of Water

2.3 Water Production & Water Usage

2.4 Distribution of Water

2.5 Water Quality

3. Assessment of Current Infrastructure (as applicable)

3.1 Assessment of Well(s)

3.2 Assessment of Storage Tank(s)

3.3 Assessment of Booster Pump(s)

3.4 Assessment of Distribution System

3.5 Assessment of Treatment (if applicable)

3.6 Assessment of Technology (e.g., SCADA, telemetry)

3.7 Assessment of Operations & Maintenance (O&M) Practices (e.g., O&M2/emergency operations plans1)

4. Assessment of System Management

4.1 Ownership, structure (e.g., DWID, non-profit, for profit) & governance

4.2 Staffing including certified operator & current certifications

4.3 Training & Experience

4.4 Customer Relations

4.5 Rules/Policies

4.6 Status of Required Plans (e.g., EOP1, ERP, MSSP, DBP1, lead/copper plans1,), O&M2

5. Assessment of Financial Capacity

5.1 Revenue Sufficiency & credit worthiness including current rates

5.2 Fiscal Controls

6. Water System Security

7. System Evaluation Summary & Recommendations

7.1 Assessment Summary

7.2 Recommended Improvements & Opinion of Costs

1Required of community public water systems 2Required of public water systems with a treatment facility

Scope of Work – Exhibit A

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 16 of 67

Based on the specific for the water system, the appendices will vary. However, for a System Evaluation, please include the following at a minimum. If any of these are not available, state so.

• Service area map

• Water system schematic

• Rate structure

• Recent financial audit/budget

• Labeled site photographs

• System evaluation questionnaire form

Note: The System Evaluation questionnaire form is not a substitute for the items required in the report – it is there to support the written findings

Scope of Work – Exhibit B

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 17 of 67

Exhibit B -Table of Contents for Treatment/Compliance Options Report

1. Introduction

1.1 Purpose & Scope

2. Water System Information

2.1 General including service area, population, connections, grade(s) of system (T, D)

2.2 Ownership, structure (e.g., DWID, non-profit, for profit) & governance

2.3 Sources of Water

2.4 Production of Water & Water Usage

2.5 Distribution of Water

2.6 Water Quality

3. Discussion of local land use, geology & hydrology1 to identify potential sources for contaminant(s) of concern

4. Evaluation of Compliance Options – investigate a minimum of three options and preliminary costs2

• Consolidation

• Rehabilitating existing water sources

• Zonal sampling

• Pump depth

• Treatment3,4

• Combination of options, other options

Depending on the options to be presented, the following are some items to consider:

• Will the recommended solution(s) change the grade of the system? Will it require a different grade of operator?

• What are the disposal options/issues for media, sludge, brine, and processed wastewater? What are the estimated annual costs for these activities?

• What is/are the impact(s) of competing ions on the solution proposed? Will this require additional pretreatment? How might this impact disposal, labor, and/or operational costs?

• Include preliminary design calculations, mass ratio calculations or other relevant computations to demonstrate proposed treatment will result in water quality meeting all MCLs, so that the water system can compare the options

5. Recommended Interim Solution & Preliminary Costs (if applicable)

6. Recommended Permanent Solution & Preliminary Costs

7. Appendices will vary but for a treatment/compliance options report include:

• Service area map including location of water system

• Schematic of current system layout

• Proposed changes to the system layout

Scope of Work – Exhibit B

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 18 of 67

• Water quality analyses

• Specification sheets for the treatment options

• Any additional items needed for treatment and associated costs (e.g., building, shade structure, disposal pond, power upgrades), 1Using publicly available data such as the National Land Cover Dataset, Cropland Data Layer, Google Earth imagery, ADWR Hydrologic Reports

2 Costs should be itemized and include capital costs, construction, design & permitting, annual O&M costs, labor costs 3 For treatment options, comprehensive water chemistry analysis, recommended by the manufacturer, must be done to identify competing ions or other constituents of concern that could affect treatment outcomes

4 If Best Available Technology guidance is available from USEPA, these should be considered as part of the evaluation

Scope of Work – Exhibit C

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 19 of 67

Exhibit C – Contractor Performance Report

Contractor Performance Report

1110 W. Washington Street

Contractor Name:

Contractor #:

Purchase Order #:

Description of Services Provided:

Period of Performance:

On a scale of 1 to 5 (1 being the lowest and 5 the highest) rate this Contractor’s performance in the following areas:

QUALITY 1 2 3 4 5

Compliance with contract requirements Report accuracy Effectiveness of personnel Technical excellence Comments:

COST CONTROL 1 2 3 4 5

Record of forecasting and controlling target costs for additional service(s) Current, accurate, and complete billing Relationship of negotiated cost to actual cost for additional service(s) Cost efficiency for additional service(s)

TIMELINESS OF PERFORMANCE 1 2 3 4 5

Met interim milestones Reliability Responsive to technical direction Completed project on time Met delivery schedule

Scope of Work – Exhibit C

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 20 of 67

BUSINESS RELATIONS 1 2 3 4 5

Effective management Reasonable/cooperative behavior Responsive to contract requirements Notification of problems Flexibility Proactive vs. reactive

ADEQ PROJECT MANAGER COMMENTS:

CONTRACTOR COMMENTS:

Contractor: Arizona Department of Environmental Quality Signature: Signature:

Title: Title:

Printed Name: Printed Name:

Date: Date:

Scope of Work - Exhibit D

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 21 of 67

Exhibit D – Task Order Form

ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY

TASK ORDER FORM

Contract Title: Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Contract No: CTR0______

Effective Date: PO Issuance Date

Contract Terms and Conditions: This Task Order with the Contractor’s Scope of Work herewith shall constitute the Contract between the parties and supersede all other understanding, oral or written. It is issued pursuant to the original Contract and shall be governed by the Terms and Conditions contained therein, in full force and effect.

Contractor Name: ________________________________________

Site or Project Name: ________________________________________

Task Order Expiration Date: ______________________

Scope of Work: This Task Order shall be performed pursuant to:

Total Task Order Not to Exceed Cost Amount: _________________________

All Correspondence, Deliverables and Invoices between the Contractor and ADEQ shall be sent to:

Using Agency PM: Name, Position, Email, and Phone Contractor PM: Name, Position, Email, and Phone Invoices: Accounts Payable AccountsPayable@azdeq.gov

Documents to be submitted as attachments to this Task Order are:

Detailed Scope of Work (SOW) Contractor’s Offer Dated _____ inclusive of Cost/Pricing Sheet

CONTRACTOR hereby acknowledges receipt and understanding of the above TO Agreement, and shall adhere to the approved clarification documents submitted.

Contractor Signature: Printed Name:

Title/Position: Date:

mailto:AccountsPayable@azdeq.gov

Special Terms and Conditions

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 22 of 67

The Special Terms and Conditions modify the Uniform Terms and Conditions. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

1. Definition of Terms: As used in the Contract, the terms listed below are defined as follows:

1.1. Acceptance: The document titled “Offer and Acceptance Form” bearing the state contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2. Accepted Offer:

1.2.1. If State did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

1.2.2. If State requested a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

1.2.3. If State requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3. Arizona Procurement Code: The Arizona Procurement Code consists of Arizona Revised Statutes (A.R.S.) §§ 41-2501 et seq. and Arizona Administrative Code (A.A.C.) R2-7-101 et seq. There is additional information in the Solicitation Instructions regarding how to access these state statutes and rules.

1.4. Arizona Risk and Authorization Management Program (AZRAMP): is used by the Arizona Department of Homeland Security to evaluate Cloud services and Contractors that will transfer, process, or store state data outside of state-managed or controlled networks, and has three levels of control review:

1.4.1. AZ Mandatory Control Baseline: 35 Controls

1.4.2. NIST Low Impact Control Baseline: Public Data Classification

1.4.3. NIST Moderate Impact Control Baseline: Confidential Data Classification

1.5. Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department of Revenue (DOR) website at: https://azdor.gov/transaction-privilege-tax-tpt https://azdor.gov/transaction-privilege-tax-tpt

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 23 of 67

1.6. Attachment. Any item that:

1.6.1. The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer, Revised Offer, or Best and Final Offer);

1.6.2. Was attached to an Offer when submitted; and

1.6.3. Was included in the Accepted Offer.

1.7. Contract Terms and Conditions: The Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.8. Contractor: The Person identified on the Accepted Offer who has entered into the Contract with the State.

1.9. Contractor Indemnitor: Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.10. Data Breach: Data Breach is used herein as defined as stated in A.R.S. Title 18, chapter 5, article 4 (Data Security Breaches), or in any relevant state or federal standard, to indicate an unauthorized acquisition of and unauthorized access that materially compromises the security or confidentiality of unencrypted and unredacted computerized personal information maintained as part of a database of personal information regarding multiple individuals.

1.11. Eligible Agency:

1.11.1. If the Special Terms and Conditions indicate that the Contract is a “single-agency” contract, then “Eligible Agency” means the particular State of Arizona agency, university, commission, or board identified therein.

1.11.2. If the Special Terms and Conditions indicate that the Contract is a mandatory statewide contract, then “Eligible Agency” means any State of Arizona department, agency, university, commission, or board.

1.11.3. If the Special Terms and Conditions indicate that the Contract is a “cooperative” contract available for use by Co-Op Buyers, then “Eligible Agency” means any State of Arizona department, agency, university, commission, board, or any Co-Op Buyer.

1.12. Instructions to Offerors: The Solicitation Instructions document of the Solicitation.

1.13. Order: The instrument by which the Eligible Agency or Co-Op Buyer authorizes a Contractor to perform some or all of the Work. Whether the Contract will have one Order or many Orders depends on the scope of the Contract and how the State will use it. The

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 24 of 67

Special Terms and Conditions provide that information. Any of the following are construed as an “Order”: “Purchase order,” “task order,” “service order,” or “job order”.

1.14. State’s eProcurement System: The State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy document Technical Bulletin No. 020, The State’s eProcurement System–The Official State eProcurement System. Technical Bulletin No. 020 is available online at:

https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

1.15. State: With respect to the Contract generally, “State” means the State of Arizona and its department, agency, university, commission, or board that has executed the Contract.

With respect to administration or rights, remedies, obligations and duties under the Contract for a given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the Order.

1.16. State Indemnitees: Collectively, the State of Arizona, its departments, agencies, universities, commissions, and boards and, and their respective officers, agents, and employees.

1.17. Work: The totality of the Materials and the Services and all the acts of administration, creation, production, and performance necessary to fulfill and incidental to fulfilling all of Contractor's obligations and duties under the Contract in conformance with the Contract and applicable laws.

2. Contract Interpretations

2.1. Usage. Where the Contract:

2.1.1. Assigns obligations to Contractor, any reference to “Contractor” is to be construed to be a reference to the Contractor and all Subcontractors, whether they are first-tier Subcontractors, sub-subcontractors, suppliers, sub-suppliers, consultants, or sub-consultants, as well as all of Contractor’s and the Subcontractor’s respective agents, representatives, and employees in every instance unless the context plainly requires that it is a reference only to Contractor as apart from Subcontractors.

2.1.2. Uses the permissive “may” with respect to a party’s actions, determinations, etc., the terms is to be interpreted as in A.A.C. R2-7-101(32) [Definitions]. For clarity of intent, any right given to State using “State may” or a like construction denotes discretion and freedom to act so far as any regulatory or operative constraints permit in the relevant circumstances, provided that: (a) where https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 25 of 67 written “may, at its discretion,” the discretion extends to whatever is most advantageous to State; and (b) where written only as “may,” the discretion is constrained by what is fair, reasonable, and as accommodating of the respective best interests of both parties as practicable under the circumstances;

2.1.3. Uses the imperative “shall” with respect to a party’s actions, duties, etc., the term is to be interpreted as in A.A.C. R2-7-101(44) [Definitions]. Conversely, the phrase “shall not” is to be interpreted as an imperative prohibition.

2.1.4. Uses the term “must” with respect to a requirement, criterion, etc., the term is to be interpreted as conveying compulsion or strict necessity;

2.1.5. Uses the term “might” with respect to an event, outcome, action, etc., the term is to be interpreted as conveying contingency or non-discretionary conditionality; and

2.1.6. Uses the term “will” or the phrases “is to be” or “are to be” with respect to an event, outcome, action, etc., the term or phrase is to be interpreted as conveying such certainty or imperativeness that “shall” is either unnecessary or irrelevant in that instance.

2.2. Contract Order of Precedence

2.2.1. Complementary Documents. All of the documents forming the Contract are complementary. If certain work, requirements, obligations, or duties are set out only in one but not in another, Contractor shall carry out the Work as though the relevant Work, requirements, obligations, or duties had been fully described in all, consistent with the other documents forming the Contract and as is reasonably inferable from them as being necessary to produce complete results.

2.2.2. Conflicts. In case of any inconsistency, conflict, or ambiguity among the documents forming the Contract and their provisions, they are to prevail in the following order, descending from most dominate to most subordinate, provided that, among categories of documents or provisions having the same rank, the document or provision with the latest date prevails. Information being identified in one document, but not in another, is not to be considered a conflict or inconsistency.

2.2.2.1. Contract Amendments;

2.2.2.2. The final Solicitation Documents, in the following order:

Solicitation No. BPM006379 Capacity Development/Technical Assistance to

Small Public Drinking Water Systems

Arizona Department of Environmental Quality (ADEQ)

Solicitation Requirements | Revision No. 8 | Revised 03-24 | Page 26 of 67

(1) Special Terms and Conditions;

(2) Exhibits to the Special Terms and Conditions;

(3) Uniform Terms and Conditions;

(4) Scope of Work;

(5) Exhibits to the Scope of Work;

(6) Specifications; and

(7) Any other documents referenced or included in the

Solicitation;

2.2.2.3. Orders, in reverse chronological order; and

2.2.2.4. Accepted Offer.

2.2.3. Attachments and Exhibits.