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

Notice Page

Arizona Department of Environmental Quality

1110 W. Washington Street

Phoenix, AZ 85007

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 1 of 69

Solicitation Number: BPM007439

Description: Air Quality Accelerated Permit Processing Program

Solicitation Due Date and Time: August 18, 2026 at 9:00 A.M. Local Arizona 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.

All questions related to this Solicitation shall be submitted in writing utilizing the State’s “Discussion with Buyer” tab in APP no later than August 11, 2026 at 9:00 A.M. Local Arizona Time.

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.

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. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 2 of 69

Click here to return to the Table of Contents

Notice Page

Table of Contents

Solicitation Summary 3

Scope of Work 5

Scope of Work Exhibits 21

Exhibit A Vendor Performance Report

Exhibit B Task Order Form

Exhibit C Task Order Change Order Form

Special Terms and Conditions 25

Addendum A to the Special Terms and Conditions 48

Uniform Terms and Conditions 10.5 52 file://///ev.azdeq.gov/fs/shared/ASD/ASD/Procurement/Staff%20Files/Susan%20Holt%20Files/BPM007439%20APP/2%20Solicitation%20Docs/BPM007439%20Solicitation%20Requirements/BPM007439%20Solicitation%20Requirements.docx%23_heading=h.3j2qqm3

Solicitation Summary

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 3 of 69

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 (1) or more “single-agency” contract(s) to support ADEQ’s Air Quality Accelerated Permit Processing Program by providing services as detailed in Solicitation Scope of Work.

ADEQ anticipates awarding one (1) or more contract(s) to begin providing services by a target date April 30, 2027. 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 ADEQ’s discretion. Furthermore, ADEQ will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending under them.

ADEQ 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, ADEQ will evaluate if an award on such a basis will result in the best value and is in the best interest for the State. ADEQ 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: BPM007439 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. Scope of Work Exhibits

○ Exhibit A Vendor Performance Report

○ Exhibit B Task Order Form

○ Exhibit C TO Change Order Submittal Form

2.1.1.6. Special Terms and Conditions

2.1.1.7. Addendum A to the Special Terms and Conditions

2.1.1.8. Uniform Terms and Conditions

2.1.2. Attachment: BPM007439 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Standard Instructions to Offerors (RFP)

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 4 of 69

2.1.3. Solicitation Attachments

2.1.3.1. Offer and Acceptance

2.1.3.2. Confidential Information Designation

○ Confidential Information Designation (for reference only)

2.1.3.3. Conformance Statements and Exceptions Requests

2.1.3.4. Key Personnel

2.1.3.5. Letter of Insurability

2.1.3.6. Organization Profile

2.1.3.7. Proposed Subcontractors

2.1.3.8. Experience and Capacity Response

2.1.3.9. References

2.1.3.10. Method of Approach

2.1.3.11. Pricing Document

2.1.3.12. AI-UA

2.1.3.13. Offeror Checklist

2.2. ADEQ 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. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 5 of 69

Scope of W ork

Scope of Work

1. Purpose and Background

1.1. The Arizona Department of Environmental Quality (“ADEQ” or “Department”) as authorized under A.R.S. § 41-2501 is seeking to establish a “single-agency” multi-year, multi-task contract(s) with qualified Contractor(s) in specialty areas to support ADEQ’s Air Quality

Accelerated Permit Processing Program by providing services as detailed in the Scope of Work.

Arizona Administrative Code (A.A.C.) R18-2-326.I authorizes the agency to use consultants

(third parties) to provide accelerated (a.k.a. expedited) permit processing for those permit applicants who request this accelerated process and are willing to pay for the actual cost of accelerated processing (refer to Section 3 SCOPE REQUIREMENTS).

1.2. Contract(s) may be used by ADEQ and/or permit applicants requesting this accelerated process and willing to pay for the actual cost of accelerated processing.

1.3. ADEQ shall be responsible for final review and issuance of final permits under ADEQ signature.

1.4. Contract(s) shall be utilized by the Arizona Department of Environmental Quality as needed.

The Contractor(s) awarded a contract(s) will be eligible to receive Task Orders for completing accelerated permit processing services for the Air Quality Division at ADEQ. Current contract(s) for Air Quality Permit Processing Program expire April 29, 2027. Any contract(s) awarded from this Solicitation will have an effective date of April 30, 2027.

2. Definitions/Acronyms

2.1. DEFINITIONS

2.1.1. Key Personnel – Shall mean those persons whose experience and knowledge are professional in nature as opposed to clerical. Professional work is that which is predominantly intellectual, varied in character (as opposed to routine, manual, mechanical or physical), and involves the consistent exercise of discretion and judgement in the theoretical principles and techniques of a recognized field of science or learning. Professional Personnel (Professional Level III or higher) Staff position are considered Key Personnel.

2.2. ACRONYMS

2.2.1. ADEQ: Arizona Department of Environmental Quality

2.2.2. AQRV: Air Quality Related Values

2.2.3. APP: Arizona Procurement Portal

2.2.4. BACT: Best Available Control Technology

2.2.5. EPA: Environmental Protection Agency

2.2.6. FLM: Federal Land Managers

2.2.7. HAPs: Hazardous Air Pollutants

2.2.8. LAER: Lowest Achievable Emission Rate

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 6 of 69

2.2.9. LTF: Licensing Time Frames

2.2.10. MACT: Maximum Achievable Control Technology

2.2.11. NAAQS: National Ambient Air Quality Standards

2.2.12. NESHAP: National Emission Standards for Hazardous Air Pollutants

2.2.13. NSPS: New Source Performance Standards

2.2.14. NSR: New Source Review

2.2.15. PSD: Prevention Significant Deterioration

2.2.16. RACT: Reasonably Available Control Technology

2.2.17. RMA: Risk Management Analysis

2.2.18. TSD: Technical Support Document

2.2.19. VPR: Vendor Performance Report

3. Scope Requirements

3.1. SCOPE SUMMARY

Work under this Contract may be performed by a Contractor providing all, or a portion, of the following services, based on a Task Order issued by ADEQ to Contractor:

• Assist with pre-application meetings, provide guidance on modeling protocols and/or review technical documents;

• Review permit applications for administrative and substantive completeness including developing LTF agreements;

• Review NSR permitting actions including Minor NSR, PSD, and Nonattainment NSR;

• Review emissions calculations including proposed limitations, standards or air pollution control technologies pertaining to RACT, BACT, LAER, or MACT;

• Identify applicable state, federal and/or local regulations including NSPS or NESHAP;

• Collaborate on ambient air quality assessments to demonstrate that any minor or major new sources or modifications would not interfere with the attainment or maintenance of the NAAQS, as well as any necessary learning sites evaluations;

• Prepare draft permit language including technical support documents;

• Support comment periods which may involve community meetings, tribal consultations, public hearings, interactions with EPA;

• Collaborate on responsiveness summaries;

• Assist in the preparation of the final permit and technical support documents.

The Task Order shall indicate if this is required for the specific project Scope of Work.

3.2 DELIVERY/SERVICE AREA

The Contractor shall deliver or perform in accordance with the Task Order requirements.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 7 of 69

3.3 DETAILED SCOPE REQUIREMENTS

3.3.1 Points of Contacts and Communication

The Contractor shall be responsible for identifying a primary point of contact or Project Manager who will interface with ADEQ on a routine basis for performance of work associated with this

Contract. ADEQ shall identify a primary point of contact or Project Manager for Contract oversight. The ADEQ Project Manager will be involved in oversight and coordination regarding current permitting protocol and practice for permitting projects. Contractor’s Task Order proposals shall include a project team organizational chart consisting of Key Personnel submitted as part of response to this RFP. The Contractor shall ensure that the ADEQ Project

Manager is informed of, and to the extent practicable included in, all relevant communications between the Contractor and third parties, including but not limited to permit applicants and their consultants, EPA, and FLM.

3.3.1.1 Work performed by the Contractor shall be reviewed by the ADEQ Project Manager, and final draft permits shall be reviewed by the ADEQ management prior to review by permit applicants/comment periods as well as granting/issuance of permits by the

ADEQ Air Quality Division Director. ADEQ shall be responsible for issuing all correspondence associated with permit processing. Work shall be performed within

LTF contained in Title 18, Chapter 1, Article 5 of the Arizona Administrative Code.

3.3.2 Task Orders

All work performed under this contract shall be authorized by Task Orders issued by the ADEQ

Project Manager through the Arizona Procurement Portal (APP) system.

3.3.3 General Requirements:

The Air Quality Accelerated Permit Processing Program is defined as one where an applicable permit application such as a significant permit revision shall, to the extent practicable, be ready for issuance within 120 days after the ADEQ Air Quality Division Director determines that the application is complete. A minor permit revision shall be ready, to the extent possible, for issuance within 60 days after the ADEQ Air Quality Division Director determines that the application is complete.

3.3.3.1 The accelerated process may be applied to any permit or permit revision, except

"General Permits" and “Registrations”, allowed or required under the provisions of

A.A.C. Title 18 to include the following:

3.3.3.2 Class I or Class II Permit New/Renewals

3.3.3.3 Class I or Class II Permit New/Renewals

3.3.3.4 Class I or Class II Minor Permit Revisions

3.3.3.5 Class I or Class II Significant Permit Revisions

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 8 of 69

3.3.3.6 Prevention of Significant Deterioration Permitting for Major Sources

3.3.3.7 Nonattainment New Source Review Permitting for Major Sources

3.3.3.8 Minor New Source Review Permitting for Major or Minor Sources

3.3.4 Due to the unique nature and special circumstances of some applications, the Contractor shall provide the necessary personnel, equipment, and expertise to complete the awarded Task

Order.

3.3.5 Each Task Order shall at a minimum contain the following four (4) major sub-tasks to be performed by the Contractor under the direction of the Project Manager:

3.3.5.1 Preliminary Tasks;

3.3.5.2 Administrative Completeness Analysis;

3.3.5.3 Application Review and Permit Drafting; and

3.3.5.4 Assistance with EPA/Public Review.

3.3.6 Task Orders:

At a minimum, a Task Order description shall encompass the following elements:

3.3.6.1 Element One (1) Preliminary Tasks:

3.3.6.1.1 A Task Order may require the Contractor to attend meetings or participate in one (1) or more teleconferences under the direction of ADEQ to discuss the elements of the Task Order/Proposal.

3.3.6.1.2 A Task Order may require the Contractor to attend pre-application meetings or teleconferences if requested by the applicant.

3.3.6.1.3 If applicable, a Task Order may require the Contractor to review the applicant’s modeling protocol, guide the applicant through addressing comments from the reviewing authorities (ADEQ, EPA, and FLM), and help develop a final protocol acceptable to all parties.

3.3.6.1.4 The Contractor shall be required to assist ADEQ in making decisions regarding notices of confidentiality submitted by applicants for permits or permit revisions pursuant to A.R.S. §49-432 and R18-2-305.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 9 of 69

3.3.6.2 Element Two – Administrative Completeness Analysis:

3.3.6.2.1 The Contractor shall review the application for data submitted as required in "Standard Permit Application Form and Filing Instructions".

3.3.6.2.2 The Contractor shall review all applicable requirements in the A.A.C. and the Arizona Revised Statutes (A.R.S.) and assure that all necessary data is provided to show compliance.

3.3.6.2.3 The Contractor shall arrange meetings and/or teleconferences with applicant representative(s), to assist and inform them of all requirements.

3.3.6.2.4 For applications that are determined to be not "administratively complete", the Contractor shall draft one or more deficiency letters to be issued by the

ADEQ Project Manager. The deficiency letter(s) shall be drafted in final format and shall identify and list all deficiencies in the application pursuant to A.R.S. § Title 18, Chapter 2.

3.3.6.2.5 For an application that is determined to be "administratively complete", the

Contractor shall draft in final format, a "completeness" letter to be issued by the ADEQ Project Manager.

3.3.6.2.6 The Contractor shall reach a decision on "administrative completeness" as soon as possible but no later than twenty (20) calendar days from the date of receipt of an application or Task Order by ADEQ.

3.3.6.3 Element Three - Application Review and Permit Drafting:

3.3.6.3.1 The Contractor shall perform a technical review of the application to determine all necessary requirements for inclusion in the permit and prepare a summary of all pertinent information. The process shall at a minimum include a review of the following:

3.3.6.3.1.1 Federal Clean Air Act and Air Quality Regulations;

3.3.6.3.1.2 Arizona Air Quality Statutes and Regulations;

3.3.6.3.1.3 Applicable County Air Quality Laws; and

3.3.6.3.1.4 Any applicable Implementation Plan.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 10 of 69

3.3.6.3.2 The Contractor shall review the source’s technology determination for accuracy and completeness if an applicable requirement requires MACT, BACT, RACT, or LAER. All data sources that the applicant has utilized to perform necessary calculations or determinations (i.e., MACT/BACT database) shall be confirmed.

3.3.6.3.3 The Contractor shall assure adequacy of any RMA if required for certain hazardous air pollutant sources pursuant to A.R.S. §49-426.06.

3.3.6.3.4 If applicable, the Contractor shall review the applicant’s ambient air quality analysis to ensure it conforms to the EPA’s Guideline on Air Quality Models

(40 CFR Part 51 Appendix W) and the Air Dispersion Modeling Guidelines for Arizona Air Quality Permits. The review shall include evaluation of emissions data, meteorology data, receptor locations, background concentrations, and all other modeling inputs and assumptions used in the dispersion modeling. The Contractor shall coordinate the review with the

ADEQ Project Manager and the EPA if needed.

3.3.6.3.5 If applicable, the Contractor shall review the applicant’s ambient air quality analysis for accuracy and completeness. The review shall ensure the proposed new or modifying source will not cause or contribute to a NAAQS or PSD increment violation.

3.3.6.3.6 If applicable, the Contractor shall review the applicant’s AQRVs analysis on Class I areas for accuracy and completeness. The Contractor shall coordinate the review with FLM to provide accelerated processing of the application. Such coordination shall include sending the application to

FLMs, reviewing comments from FLMs and preparing responses to their comments. The review shall ensure the proposed new or modifying source will not adversely impact on AQRVs at Class I areas.

3.3.6.3.7 If applicable, the Contractor shall review the applicant’s additional impact analysis on soil and vegetation, visibility (even to Class II areas), and impact from growth resulting from the source’s construction and operation, for accuracy and completeness.

3.3.6.3.8 The Contractor shall perform engineering calculations to check emissions data for accuracy and completeness. The engineering calculations shall be performed per applicable rules and generally accepted engineering practices.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 11 of 69

3.3.6.3.9 The Contractor shall draft the permit and/or permit revisions and related

TSD in the format provided by ADEQ; perform QA/QC before forwarding to

ADEQ; and provide a draft permit and TSD to ADEQ in electronic format for review. This needs to be signed off by Contractor Senior Key Personnel to reduce ADEQ staff reviewing for errors by ensuring high quality.

3.3.6.3.10 The Contractor shall provide to ADEQ all materials, calculations, references and data (including modeling data files) used during preparation and shall submit such information with the draft permit or permit revision.

3.3.6.3.11 The Contractor shall evaluate the community surrounding the facility under review to determine if environmental justice concerns exist.

3.3.6.3.12 The Contractor shall evaluate the impact of the facility in accordance with

ADEQ’s Learning Sites Policy. If applicable, the Contractor shall review the applicant’s ambient air quality analysis to ensure the HAPs from the proposed new or modifying source will not adversely impact on children’s health at learning sites.

3.3.6.4 Element Four (4) – Assistance with EPA/Public Review:

3.3.6.4.1 The Contractor shall assist ADEQ with technical responses to comments received from the EPA or members of the public during EPA/public review periods.

3.3.6.4.2 The Contractor shall attend public meetings and/or hearings as required to assist in presenting ADEQ’s position on proposed permits or permit revisions and shall be prepared to respond to technical issues and public concerns.

3.3.6.4.3 The Contractor shall educate overburdened communities identified in the environmental justice analysis on the facilities being permitted, their impacts, and the public participation process. This will be accomplished through public meetings or other methods.

3.3.6.4.4 Within 14 days after the close of the 30-day public notice period, the

Contractor shall provide the ADEQ Project Manager with a document containing written responses to comments received during the public comment period; as well as a revised draft permit incorporating all necessary changes due to input received during the public review period.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 12 of 69

3.3.6.4.5 As needed during the 45-day EPA review period, the Contractor shall assist the ADEQ Project Manager in responding to issues raised by EPA personnel.

3.3.7 Task Order Contractor Selection Process: Any work authorized under this agreement shall be authorized by Task Order issued by the Project Manager, through the APP System. All Task

Orders shall be issued on a Not to Exceed price basis and must be approved and executed by

ADEQ through the APP System.

3.3.7.1 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, technical expertise, cost, or other, whichever is in the best interest of ADEQ.

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

Negotiations may be held with the Offerors who submit an offer regarding the quantity of hours by Professional Level stated in Offer, if applicable. Contract hourly rates as specified in the contract are not negotiable.

3.3.7.3 The expectation is that efficient, technical expertise, and cost-effective procedures shall prevail on Task Order selections.

3.3.7.4 ADEQ reserves the right to award to a Primary Contractor and Secondary Contractor, whereby Contractor for Task Order may be selected utilizing one of the following methods.

3.3.7.4.1 Task Order issued in alignment with terms and conditions and requirements of Contract and Task Order to Primary Contractor, unless

Primary Contractor is unable to meet requirements and/or declines Task

Order, then Secondary Contractor will be considered for Task Order in alignment with terms and conditions and requirements of Contract and

Task Order. Task Orders will be issued in what is in the best interest of the

State.

3.3.7.4.2 Special cases; other methods including special circumstances where competition is not practical. In these cases, a written determination shall be placed in the file detailing the extent that competitive offers were solicited.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 13 of 69

3.3.7.5 ADEQ will submit an initial Task Order Scope of Work which may include but not limited to the following:

3.3.7.5.1 Deliverables;

3.3.7.5.2 Acceptance criteria;

3.3.7.5.3 Variables;

3.3.7.5.4 Contractor/ADEQ responsibilities;

3.3.7.5.5 Reporting requirements.

3.3.7.6 Contractor shall, at no cost to ADEQ, submit a Task Order Proposal (SEE EXHIBIT B

– TASK ORDER FORM) which shall (unless otherwise stated in a Task Order SOW) include:

3.3.7.6.1 Proposed scope of work with any suggested changes to the initial scope of work;

3.3.7.6.2 Specific personnel to be assigned to complete the work;

3.3.7.6.3 Availability dates of personnel;

3.3.7.6.4 Fixed price hourly rate cost for personnel as specified in Pricing Document;

3.3.7.6.5 Any subcontractors utilized;

3.3.7.6.6 Determination regarding existence of real or perceived conflict of interest.

3.3.7.7 ADEQ may award a Task Order based upon the initial Task Order Scope of Work, the

Contractor’s proposed Task Order Offer (SEE EXHIBIT B - TASK ORDER FORM;

EXHIBIT C – TASK ORDER CHANGE ORDER SUBMITTAL FORM) and any suggested changes to the initial Task Order Scope of Work agreed to by the ADEQ

Project Manager.

3.3.7.8 ADEQ may terminate a Task Order if it appears the source's obligation for payment of permit processing fees will reach the maximum listed in A.R.S. §49-426(E)(2).

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Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 14 of 69

3.3.8 Overall Special Requirements: Within 14 days after award of this Contract, the Contractor shall send written identification and notification to the ADEQ Contracts and Procurement Unit with the name, title, address, and telephone number of one (1) individual within its organization, appointed as a duly authorized representative to whom all correspondence, official notices, and requests related to the Contractor's performance pursuant to the contract shall be addressed.

The Contractor shall have the right to change or substitute the name of the individual described above as deemed necessary provided the ADEQ Project Manager and ADEQ Contracts and

Procurement Unit is notified in writing 5 five days prior to the change.

3.3.8.1 Within 14 days after the award of this Contract, ADEQ shall provide the Contractor with the name of the ADEQ Project Manager who will coordinate all information to and from the Contractor prior to the award of any Task Order. Subsequent to the award of any Task Order, all communications to ADEQ shall be sent to the ADEQ Project

Manager.

3.3.8.2 Prior to execution of any Task Order, and at any time thereafter as determined by

ADEQ, the Contractor shall make a written determination regarding the existence of any actual or potential conflict of interests it may have in processing an application pursuant to this contract. A conflict of interest shall, at a minimum, include the following:

3.3.8.2.1 Acceptance by the Contractor of any gifts or gratuities from a permit applicant.

3.3.8.2.2 The Contractor has been in a contractual relationship with the company that owns the facility within the past two years.

3.3.8.2.3 The Contractor has a current financial relationship with the company that owns the facility. Current financial relationship includes:

3.3.8.2.3.1 Owing money to, or being owed money by the company that owns the facility.

3.3.8.2.3.2 Having done work for the company that owns the facility and having issued a warranty or guarantee for the work that is still in effect.

3.3.8.2.3.3 Providing consulting or design services to a permit applicant whose permit the Contractor is reviewing under the terms of the contract.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 15 of 69

3.3.8.2.3.4 Providing consulting or design services for a permit applicant if such services are related to a permit application reviewed by the Contractor under the terms of this Contract or any other previous Contract for a period of 10 years.

3.3.8.2.4 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) does not exist.

3.3.8.2.5 The Contractor shall provide and maintain adequate procedures and controls to ensure that ADEQ is notified within two (2) days if an actual or potential conflict of interest arises, or if a conflict is discovered between the

Contractor and the applicant after a Task Order is executed.

3.3.8.2.6 ADEQ reserves the right to waive conflicts of interest as it deems in its best interest.

3.3.8.2.7 ADEQ reserves the right to determine whether a conflict could negatively impact the success of the Task Order and the right to cancel and re-assign the Task Order based on the actual or perceived conflict.

3.3.8.2.8 All proposed subcontractors shall be subject to the same conflict of interest provisions as stated above. Conflict of Interest provisions shall be included in all contracts with subcontractors.

3.3.8.3 The Contractor shall ensure that all permit or permit revision processing be accomplished according to the procedures and rules contained in the Arizona

Administrative Code Title 18, Chapter 2 and all applicable Arizona State statutes.

3.3.8.4 The Contractor shall establish, implement, and maintain, procedures and controls that are acceptable to ADEQ for the purpose of assuring that no information contained in its records or obtained from ADEQ or from others in carrying out its functions under the contract, will be used in any way or disclosed by its agents, officers, or employees, except as required to perform the duties required under this contract.

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Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 16 of 69

3.3.8.5 After a Task Order has been awarded and for the duration of the Task Order accelerated process, the Contractor shall submit weekly progress reports to the ADEQ

Project Manager which shall be due by the first work day of the following week.

Reports shall be electronic and sent to the ADEQ Project Manager via email. The reports shall describe the progress of the permit or permit revision application; state all tasks completed during the reporting period; state issues or problems that arose;

describe contact with the applicant or public pertaining to the application; and describe any cost or schedule impacts. The report shall also state whether or not analyses are on schedule and point out any problems or anticipated problems. The Contractor shall provide additional written progress reports at the request of ADEQ.

3.3.8.6 The Contractor shall maintain a log consisting of a brief summary of all phone conversations, meetings, and written correspondence with the applicant for the permit or permit revision under review which shall be delivered to the ADEQ Project Manager with the required weekly progress reports.

3.3.8.7 The Contractor and/or their subcontractor(s) shall keep all information related to Task

Orders under this Contract in strict confidence. Except for reports or other work products submitted to ADEQ, the Contractor shall not publish, reproduce or otherwise divulge such information, in whole or in part, in any manner or form, or authorize or permit others to do so. The Contractor shall take such reasonable measures as are necessary to restrict access to information in its possession, to those employees on its staff with a "need-to-know". The Contractor agrees to immediately send written notification to ADEQ in the event it determines, or has reason to suspect, a breach of these requirements.

3.3.8.8 If ADEQ determines that the Contractor's work does not conform to the specifications set forth in the Contract, the Contractor shall submit conforming work at the

Contractor's expense.

3.3.8.9 The Contractor shall provide ADEQ with technical support during any judicial or administrative appeal of the permit or permit revision.

3.3.8.10 The Contractor shall submit a procedural plan to provide a follow up plan to provide continued follow-up assistance if required.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 17 of 69

4. GENERAL REQUIREMENTS

4.1 CONTRACTOR’S PERSONNEL

4.1.1 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:

4.1.1.1 provide adequate numbers of appropriately qualified and authorized personnel as necessary to carry out the Services successfully;

4.1.1.2 assign, at minimum, the Key Personnel identified in the Accepted Task

Order Offer to the positions, roles, and/or duties indicated therein; and

4.1.1.3 not remove or reassign any of those Key personnel without the ADEQ

Project Manager’s prior consent, which ADEQ may withhold at its discretion.

4.1.2 If Key Personnel change at any time during execution of the Contract, the Contractor is responsible to notify ADEQ of the Key Personnel changes for review and approval for a formal contract amendment. Key Personnel shall not be removed or replaced without advance written approval of the ADEQ Project Manager. Should advance approval be impossible due to circumstances beyond the Contractor’s control, written notice shall be provided within two (2) business days.

4.1.2.1 The Contractor shall provide a Key Personnel form and copies of resume and certifications if applicable to ADEQ for review and approval of replacement Key Personnel. If the Contractor replaces Key Personnel, it shall be with personnel of substantially equal ability and qualifications and shall not affect the commitment to meet all schedules and deliverables.

4.1.2.2 The Contractor shall bear all transitional expenses incurred due to replacement of a Key Personnel. Transitional expenses shall include all cost of the preparation of replacements for Key Personnel, such that replacements are to be prepared to productively continue from the point where the replaced Key Personnel finished.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 18 of 69

4.2 REQUIRED MONITORING AND REPORTING

Vendor Performance Review - The Contractor shall perform all duties under this Contract in a manner acceptable to ADEQ. The ADEQ Project Manager will complete at a minimum a Vendor

Performance Report (VPR) after completion of a Task Order and at the end of each Fiscal Year.

Additional evaluation information may be added after contract award within the best interest of

ADEQ. VPR documentation may be used in the future as past performance information and consulted for future procurements.

(a) The Contractor may be evaluated based on the following performance categories:

i. Quality: Compliance with Contract Requirements; report accuracy;

effectiveness of personnel; and technical excellence.

ii. Timeliness of Performance: Met interim milestones; reliability;

responsive to technical direction; completed project on time; and met delivery schedules.

iii. Cost Control: Kept to the forecast within 20%, Utilize cost savings, adherence to the cost sheets, followed the State Travel guidelines and submitted change orders within allotted time.

iv. Business Relations: Effective management; reasonable/cooperative behavior; responsive to Contract requirements; notification of problems; flexibility; and proactive versus reactive.

(b) The ADEQ Project Manager evaluates Contractor performance by completing

Vendor Performance Report (EXHIBIT A), signs/dates, and submits to

Procurement.

(c) Procurement reviews the VPR and adds Procurement Action if needed.

Procurement signs/dates Part II and keeps as part of Procurement file.

(a) If there are Performance Issues, completed VPR is submitted to Contractor. The

Contractor shall have seven (7) days from the date the Contractor’s receipt of the

VPR to review and provide a response to Agency Project Manager and

Procurement regarding the contents of the VPR.

(b) The Contactor reviews the VPR.

(c) The Contractor provides a response (if any) to the ADEQ Project Manager and

Procurement.

(d) The Contractor may submit comments, rebuttals (disagreements) or additional information to the ADEQ Project Manager that contest the VPR within the designated period.

(e) If the Contractor does not respond to the VPR within the designated period, the

VPR is deemed appropriate for the evaluation. In this instance, ADEQ shall file the

VPR.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 19 of 69

4.3 TASK ORDERS

Any work authorized under this contract shall be authorized by Task Order issued by the ADEQ Project Manager through the Arizona Procurement Portal (APP) System. No additional work is to be performed without an approved Task Order Amendment. Contractor(s) that receive a contract award will be qualified to receive and compete for Task Orders, within the best interest of the State.

4.3.1 ADEQ will submit an initial Task Order Scope of Work to Contractor by e-mail.

Contractor response to Task Order Scope of Work shall be acknowledged within two

(2) business days, unless instructed otherwise. The awarded Contractor(s) shall have a designated e-mail address/telephone number to receive all Task Orders and correspondence.

4.3.2 Contractor shall respond to the ADEQ Project Manager with a proposal (SEE EXHIBIT

B – TASK ORDER FORM), which shall include:

• Contractor Proposed Scope of Work with any suggested changes to the initial ADEQ Scope of Work;

• Firm Fixed Price Cost Proposal including the contract hourly rates provided in this proposal response;

• Specific personnel to be assigned to complete the work;

• Conflict of Interest language is included in Section 3.3.8.2.

4.3.3 The ADEQ Project Manager will review Task Orders and negotiate as necessary. 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 the ADEQ Project Manager will then negotiate with the next most qualified Contractor until an agreement is reached or the Task Order may be canceled.

4.3.4 If the ADEQ 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.

4.3.5 Within the Attachment 2-B Organization Profile a section lists contract representatives to contact. If these names change at any time during execution of the contract, the

Contractor is responsible to notify the ADEQ Project Manager when the personnel changes.

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 20 of 69

4.3.6 Task Order Costs:

The Contract Pricing Document (Attachment 11) shall be used as a basis for all Task Orders. The Pricing Document (Attachment 11) will be used to compile cost for future Task Orders issued. A detailed cost breakdown will be provided with each Task Order Scope of Work for each site submitted by the Contractor.

All Cost lines on the Pricing Document must be filled in even if subcontracted to other companies for the work. If the rate is a subcontracted rate, mark with an asterisk. If any services required in the Scope of Work are expected to be subcontracted, identify those services with an asterisk.

4.3.7 ADEQ reserves the right to add related services to the Contract as determined to be in the best interests of the State. The cost of any additional services shall be negotiated.

Scope of Work EXHIBIT A

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 21 of 69

Exhibit A – Vendor Performance Report

Scope of Work EXHIBIT A

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 22 of 69

Exhibit A – Vendor Performance Report

(Continued)

Scope of Work EXHIBIT B

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 23 of 69

Exhibit B – Task Order Form

Scope of Work EXHIBIT C

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 24 of 69

Exhibit C – TO Change Order Submittal Form

Special Terms and Conditions

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 25 of 69

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 Department of Homeland Security (AZDOHS) Information Security Program:

refers to the policies, procedures, and standards established by AZDOHS to assess and mitigate risks associated with storing, processing, and transmitting State Data. The

AZDOHS Information Security Program is based on industry standards and NIST SP 800-

53 Revision 5 guidance published by the National Institute of Standards and Technology

(NIST).

For more information on AZDOHS Information Security Program, see https://azdohs.gov/information-security-policies-standards-and-procedures

For more information on NIST, see https://www.nist.gov/

1.5. Arizona Risk and Authorization Management Program (AZRAMP): is the cybersecurity framework and risk assessment program administered by the Arizona Department of https://azdohs.gov/information-security-policies-standards-and-procedures https://azdohs.gov/information-security-policies-standards-and-procedures https://www.nist.gov/

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 26 of 69

Homeland Security to evaluate Contractors and cloud service products that will transfer, process, or store State Data outside of State-managed or controlled networks.

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

1.7. Attachment. Any item that:

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

1.7.2. Was attached to an Offer when submitted; and

1.7.3. Was included in the Accepted Offer.

1.8. Cloud Services: Cloud or Cloud Services means any Software as a Service (SaaS), Infrastructure as a Service (IaaS), or Platform as a Service (Paas) involving the transfer, processing, or storage of state Data outside the control of state-managed and controlled networks.

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

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

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

1.12. [RESERVED]

1.13. 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.

1.14. Eligible Agency:

1.14.1. 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.

1.14.2. [RESERVED]

1.14.3. [RESERVED]

https://azdor.gov/transaction-privilege-tax-tpt

Solicitation No. BPM007439

Air Quality Accelerated Permit Processing Program

Arizona Department of Environmental Quality

Solicitation Requirements (RFP) | Revision No. 10 | Revised 06-26 | Page 27 of 69

1.15. Federal Risk and Authorization Management Program (FedRAMP): A federal government program that provides a standardized approach to security assessment, authorization, and continuous monitoring specifically for Cloud products and services relied upon by federal entities that store, process and transmit federal information.

1.16. GovRAMP: A nonprofit organization and standardized cybersecurity verification framework

(formerly known as StateRAMP) that provides independent validation, authorization, and continuous monitoring of cloud service products to ensure compliance with public sector security standards.

1.17. Indefinite Delivery/Indefinite Quantity (ID/IQ) Contract: A contract where the time of delivery and quantities of materials or services are not specified. Instead, the procurement professional determines specific delivery times and ordering quantities during contract performance.

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

1.19. Information Technology: defined in A.R.S. §18-101(6) “…all computerized and auxiliary automated information processing, telecommunications and related technology, including hardware, software, vendor support and related services, equipment and projects.”

1.20. Order: The instrument by which the Eligible Agency 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 ADEQ will use it. The 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”.

1.21. Project Investment Justification (PIJ): A standard set of forms and reporting formats to be prepared by a budget unit and submitted to ADOA-ASET to describe an IT project and to identify resources, technologies, benefits, costs, goals, risks, financials, and other key factors, to establish specific milestones for development and implementation of the project.

For more information, see A.R.S. § 18-121, A.R.S. § 18-104, Administrative Code R2-18-

101, and https://aset.az.gov/governance/strategic-oversight-project-investment-justification-pij

1.22. 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…