Catawba Expanded Service Area Warm Stream and Riparian Wetland Full Delivery Projects.pdf

STATE OF NORTH CAROLINA

North Carolina Department of Environmental Quality

Request for Proposal #: 16-2216963235

Full Delivery Projects to Provide Warm Stream and Riparian Wetland Mitigation Credits within the Catawba Expanded Service Area (ESA) of the

Catawba River Basin

Date of Issue: June 23, 2026

Proposal Opening Date: February 23, 2027

At 2:00 PM ET

Direct all inquiries concerning this RFP to:

Tracie Harrell

Procurement Specialist

Email: tracie.harrell@deq.nc.gov

Phone: 919-707-8949

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STATE OF NORTH CAROLINA

Request for Proposal #

16-2216963235

For internal State agency processing, including tabulation of proposals, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection.

This page shall be filled out and returned with your proposal.

Failure to do so may subject your proposal to rejection.

Vendor Name

Vendor eVP#

Note: For a contract to be awarded to you, your company (you) must be a North Carolina registered Vendor in good standing. You must enter the Vendor number assigned through eVP (Electronic Vendor

Portal). If you do not have a Vendor number, register at https://evp.nc.gov/SignIn https://evp.nc.gov/SignIn

Proposal Number: 16-2216963235 Vendor: __________________________________________

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Refer ALL Inquiries regarding this RFP to the Procurement Lead, Tracie Harrell via email at tracie.harrell@deq.nc.gov. See section 2.6 for details:

Request for Proposal #: 16-2216963235 Proposals will be publicly opened: February 23, 2027, AT 2:00 PM EST https://teams.microsoft.com/meet/226775236659495?p=zGuvvo7ckoBbbPebA3

Using Agency: DEQ Division of Mitigation Services

Commodity No. and Description: 701617 Ecosystems

Requisition No.: n/a

EXECUTION

In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein.

By executing this proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

this proposal is submitted competitively and without collusion (G.S. 143-54), none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and it is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

As required by Executive Order 24 (2017), the undersigned Vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any Contract arising from this solicitation.

G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the Ariba Sourcing Tool.

Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals shall not be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

STATE OF NORTH CAROLINA

Division of Mitigation Services

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PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR:

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

VALIDITY PERIOD

Offer shall be valid for at least (180) days from date of bid opening, or if extended by mutual agreement of the parties in writing. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

ACCEPTANCE OF PROPOSAL

If your proposal is accepted, all provisions of this RFP, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

FOR STATE USE ONLY: Offer accepted and Contract awarded this________ day of __________, 20____, as indicated on

The attached certification, by ____________________________________________________________________.

(Authorized Representative of Department of Environmental Quality)

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Contents

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

2.4 RFP SCHEDULE

2.5 VIRTUAL PRE-PROPOSAL CONFERENCE

2.6 PROPOSAL QUESTIONS

2.7 PROPOSAL SUBMITTAL

2.8 PROPOSAL CONTENTS

2.9 IMPORTANT INFORMATION AND RESISTRICTIONS ................................. Error! Bookmark not defined.

2.10 ALTERNATE PROPOSALS

2.11 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, AND MAPS

2.12 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 PROPOSAL EVALUATION PROCESS

3.4 EVALUATION CRITERIA

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

3.6 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 DOWNWARD PAYMENT ADJUSTMENTS

4.3 INVOICES

4.4 PAYMENT TERMS

4.5 FINANCIAL STABILITY .............................................................................. Error! Bookmark not defined.

4.6 FINANCIAL ASSURANCE

4.7 HUB PARTICIPATION .............................................................................. Error! Bookmark not defined.

4.8 VENDOR EXPERIENCE ............................................................................. Error! Bookmark not defined.

4.9 REFERENCES ........................................................................................... Error! Bookmark not defined.

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4.10 BACKGROUND CHECKS ........................................................................... Error! Bookmark not defined.

4.11 PERSONNEL ............................................................................................ Error! Bookmark not defined.

4.12 VENDOR’S REPRESENTATIONS ................................................................ Error! Bookmark not defined.

4.13 HYDROLOGIC TRESPASS

4.14 SUBCONTRACTORS

4.15 SECRETRY OF STATE REGISTRATION

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 GENERAL

5.2 OBJECTIVES

5.3 TASKS/DELIVERABLES ............................................................................. Error! Bookmark not defined.

5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONE ........................ Error! Bookmark not defined.

5.5 TECHNICAL APPROACH ........................................................................... Error! Bookmark not defined.

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 POST AWARD BUSINESS REVIEW MEETINGS

6.3 CONTINUOUS IMPROVEMENT

6.4 PERIODIC STATUS REPORTS

6.5 ACCEPTANCE OF WORK

6.6 FAITHFUL PERFORMANCE

6.7 DISPUTE RESOLUTION

6.8 CONTRACT CHANGES

6.9 ATTACHMENTS

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1.0 PURPOSE AND BACKGROUND

The mission of NCDMS is to provide cost-effective mitigation alternatives that improve the state’s water resources.

This RFP is soliciting Proposals from qualified Vendors for needed mitigation as described herein for the NCDMS to successfully meet permit conditions mandated by the regulatory agencies. This solicitation and any resulting procurement are in accordance with GS 143-214.11(i), the current Department of Administration/Department of Environmental Quality (DOA-DEQ) Special Delegation Agreement for compensatory mitigation, and with approval from the State Purchasing Officer for 10-year contract period required for compensatory mitigation sites.

This RFP is not an offer for a Contract, nor does the Department’s acceptance of any Technical/Cost Proposal guarantee a Contract with the Department. The Department reserves the right to reject any or all proposals deemed not to be in the best interest of the State of North Carolina.

The intent of this solicitation is to award an Agency Specific Contract.

1.1 CONTRACT TERM

The Contract shall have an initial term of ten (10) years, beginning on the date of final Contract execution (the “Effective Date”).

At the end of the Contract’s initial term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to two (2) additional one-year terms. The State will give the Vendor written notice of its intent to exercise each option no later than [sixty (60)] days before the end of the Contract’s then-current term. In addition to any optional renewal terms, and with the Vendor’s concurrence, the State reserves the right to extend the Contract after the last active term.

Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

2.2 E-PROCUREMENT FEE

ATTENTION: This is an NC eProcurement solicitation facilitated by the Ariba Network. The E-Procurement fee may apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions.

General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/.

What is the Ariba Network?

The Ariba Network is a web-based platform that serves as a connection point for buyers and Vendors. Vendors can log in to the Ariba Network to view purchase orders, respond to electronic requests for quotes, participate in Sourcing Events, and collaborate with buyers on contract documents.

For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site:

http://eprocurement.nc.gov/training/vendor-training.

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

http://eprocurement.nc.gov/

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If Vendors have questions, issues, regarding any component of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contract award.

Other than through the process of negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

The State may exercise in its discretion to consider Vendor proposed modifications. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiations and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

2.4 RFP SCHEDULE

The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule.

Event Responsibility Date and Time Issue RFP State June 23, 2026 Hold Pre-Proposal Meeting/Site Visit State 7/8/2026 @ 10:00 AM EST Submit Written Questions Vendor 7/15/2026 @ 5:00 PM EST Submit Proposals Vendor 2/23/2027 AT 2:00 PM EST

MS TEAMS BID OPENING LINK

Contract Award State TBD

2.5 VIRTUAL PRE-PROPOSAL CONFERENCE

Virtual Urged and Cautioned Pre-Proposal Conference

Date: 7/8/2026 Time: 10:00 AM Eastern Time Location: Microsoft TEAMS Meeting Link:

Instructions: Vendor representatives are URGED and CAUTIONED to attend the pre-proposal conference and apprise themselves of the conditions and requirements which will affect the performance of the work called for by this RFP. A pre-proposal conference is scheduled for this RFP. Submission of a proposal shall constitute sufficient evidence of this compliance, and no allowance will be made for unreported conditions which a prudent Vendor would recognize as affecting the performance of the work called for in this RFP.

Vendor is cautioned that any information released to attendees during the pre-proposal conference, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this RFP, must be confirmed by written addendum before it can be considered to be a part of this RFP and any resulting contract.

MS TEAMS is an online communication tool which allows a virtual meeting setting to share information. The app is approved by the NC DEQ Division of Information Technology (IT) and there is no purchase required for download and use. Attendees are https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjkwMjYyOWMtMmU2My00MWIzLWE1NmUtMDhjM2VhZTg3Yjgx%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%22ff2a73d4-46ca-4925-9d59-59cb80514f39%22%7d

Ver: 11/2025 7 reminded to enter the MS TEAMS with the camera selected to the off position, and microphone muted. It is up to the vendor to check their internet connection ahead of time, as DMS will not be responsible for any connection issues vendors may experience during the conference. DMS will provide attendees with a brief instructional overview for navigational guidance.

2.6 PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum.

Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the email address tracie.harrell@deq.nc.gov by the date and time specified in the RFP SCHEDULE Section of this RFP. Vendors will enter “RFP # 16-2216963235– Questions” as the subject of the message. Question submittals should include a reference to the applicable RFP section. This is the only manner in which questions will be received.

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888- 211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM ET to 5:00 PM ET.

Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the Sourcing Tool in the form of an addendum and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFP and an addendum to this RFP.

2.7 PROPOSAL SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. Failure to submit a proposal in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s proposal(s). Solicitation responses are subject to Sealed Bidding requirements.

Vendor’s proposals for this procurement must be submitted through the Sourcing Tool. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888- 211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST.

Tips for Using the Sourcing Tool

1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk.

2. Vendors may submit their responses early to make sure there are no issues and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response.

3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required in order to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted.

4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State. Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted.

https://eprocurement.nc.gov/training/vendor-training

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5. Only Proposals submitted through the Content Section of the Ariba Sourcing Event will be considered. Proposals submitted through the Message Board will not be accepted or considered for award.

If confidential and proprietary information is included in the proposal, also submit one (1) signed, REDACTED copy of the proposal. Such information may include trade secrets defined by N.C. Gen. Stat. § 66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132- 1.2. Vendor may designate information, Products, Services or appropriate portions of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statutes set forth above.

However, under no circumstances shall price information be designated as confidential.

If the Vendor does not provide a redacted version of the proposal with its proposal submission, the Department may release an unredacted version if a record request is received.

2.8 PROPOSAL CONTENTS

Vendors shall provide responses to all questions and complete all attachments for this RFP that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendors may not be able to submit its response in the Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s proposal, in the State’s sole discretion.

Proposals shall comply with the requirements of 28 CFR Part 35, implementing Title II of the Americans with Disabilities Act, including conformance with the Web Content Accessibility Guidelines 2.1 Level AA.

Vendor shall include the following items and attachments in the Sourcing Tool:

a) Completed and signed version of ATTACHMENT A: PRICING (each pricing PDF needs to be uploaded as a separate attachment in the Sourcing Tool – more information will be found in section 5 of the sourcing tool)

b) Vendor’s Response including:

1. Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number.

2. Completed and signed version of all EXECUTION PAGES, along with the body of the RFP in its entirety.

3. Signed receipt pages of any addenda released in conjunction with this RFP, if required to be returned.

4. Executive Summary: The executive summary shall consist of highlights of the general contents of the proposal and shall clearly state the anticipated mitigation type and number of credits proposed. If the Vendor is proposing multiple mitigation options, each option shall be specifically described in this section. (Submitted Mitigation credits as stated in the Executive Summary shall match the credit tables shown in the Technical approach section of the submittal. This credit total also shall match the amount on the Sealed Bid Proposal (attachment A).

5. Project Staffin and Organization: Response to section 4.8 VENDOR QULAIFICATIONS AND EXPERIENCE

6. Vendor’s Proposal addressing all Specifications of this RFP. Response to section 5.5 TECHNICAL APPROACH

7. ATTACHMENT B: INSTRUCTIONS TO VENDORS

8. ATTACHMENT C: NORTH CAROLINA TERMS & CONDITIONS

9. Completed and signed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

10. ATTACHMENT E: TASKS AND DELIVERABLES.

11. Completed and signed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

12. Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

13. Completed TECHINCAL SCORESHEET (optional)

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Maps, diagrams, and/or photographs may be used to supplement the text.

c) Submit the boundaries of the proposed project as an additional attachment to section 6.1 of the Sourcing Tool (where you are uploading your PDF technical proposal). The boundary can be the proposed easement(s) or the general project area. NCDMS expects the submitted file to closely match the project area(s) shown in the project proposal location map, The file representing the proposed boundaries must: 1) Consist of an ArcMap multipart polygon format (.shp or geodatabase); 2) Project in the State Plane Coordinate System (NAD 83) using a base unit of meter or feet; 3) Include the *prj file holding the coordinate system information; 4) Adhere to the following convention within the attribute table. Each record represents a single boundary configuration in its entirety as proposed for consideration. If more than one boundary configuration is proposed, a separate and discrete record is required. Each record must have the following attribute information: Vendor name, Site name (as named in proposal); Configuration/Option (as named in proposal); Project_Type (Stream, Wetland, Buffer, or combination); Coordinate_System (SP Meters or SP Feet).

d) Submit the conceptual project maps(s) (georeferenced pdf) for each option, referred to in the RFP 5.5 TECHINCAL APPROACH, as additional attachments to sections 6.1 of the Sourcing Tool.

If a technical proposal does not meet all the Department’s requirements, it will be rejected, and the corresponding sealed cost proposal will not be opened.

2.9 IMPORTANT INFORMATION AND RESTRICTIONS

a) The DMS recognizes that a Vendor(s) might be able to find one site that provides that total amount of mitigation requested for the cataloging unit listed above. Therefore, proposals may be submitted in any of the following categories:

• One or more sites providing all the requested mitigation credits; or

• One or more sites providing a portion of the requested mitigation credits.

b) Unless the Vendor states in both the cover letter and the Executive Summary of the technical proposal that multiple mitigation options are being offered for a site, and specifically describes each option, the Department shall only consider the full proposal amount and will not extend an offer to contract for less than the full amount indicated in the proposal.

c) Proposals will NOT be accepted using the following types of sites:

1. Property Purchased with Clean Water Management Trust Fund monies

2. Property that is enrolled in the Conservation Reserve Enhancement Program, Conservation Reserve Program, Wetlands Reserve Program, or any other state or federal program that provides funds for any of the tasks outlined in this RFP

3. Property that has been used for compensatory mitigation under 404 and/or 401 of the Clean Water Act

4. Properties that are in the control of the State or currently in negotiation for compensatory mitigation needs by any state agency

5. Properties that are controlled by any federal agency

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6. Properties that have been timbered, filled, or manipulated (stream channel dredging or channel re-alignment) in violation of federal or state rules or statues.

d) Please note that the State of North Carolina will NOT accept fee simple title to any property as a result of this RFP. As stated in the TASKS section 5.3, long-term protection of the selected properties must be provided by a conservation easement held by the State of North Carolina.

2.10 ALTERNATE PROPOSALS

Unless provided otherwise in this RFP, Vendor may submit alternate proposals for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate proposals must specifically identify the RFP requirements and advantage(s) addressed by the alternate proposal. Each proposal must be for a specific set of Goods and Services and must include specific pricing. Each proposal must be complete and independent of other proposals offered. If a Vendor chooses to respond with various offerings, Vendor shall follow the specific instructions for uploading Alternate Proposals in the Sourcing Tool.

The Sourcing Tool is set up to only allow one (1) bid per Vendor (per eVP number), however a Vendor may submit “alternate bids” for any subsequent sites they have to offer all within their one (1) bid. Alternate bid(s) must specifically identify all the RFP requirements required in “Proposal Contents” above.

If a Vendor chooses to respond with more than one (1) site, Vendor shall follow the specific instructions for uploading Alternate Bids in section 6.6 in the Sourcing Tool. Each bid must be for a separate site and must include a separate Attachment A: Pricing form (to be uploaded separately in section 5.1 in the Sourcing Tool).

For example, if Acme Solutions (eVP #1234) has two sites they wish to submit they would log into the Sourcing Tool and complete all the necessary sections for the first site. Site #1 has 2 options and will have: Site #1, Option #1 pricing form uploaded to section 5.1, Site #1, Option #2 pricing form uploaded as a SEPARATE pdf also to section 5.1, and technical proposal pdf uploaded to sections 6.1 that cover both options for Site #1, all necessary shapefiles for Site #1 will also be uploaded as a separate, subsequent attachment (zip file) to section 6.1. Acme Solutions (eVP#1234) now has a second site they want to submit with 3 options. Site #2 will have: three (3) separate pricing forms uploaded to section 5.2 as separate/subsequent attachments and a compressed zip file uploaded to section 6.6 containing all the necessary RFP requirements.

Clear and precise labeling is crucial to success.

2.11 TEMPLATES, TECHNICAL SCORESHEETS, TARGET WATERSHEDS, AND MAPS

The latest required invoice template, report templates, technical scoresheets, target watersheds and mapping applicable to this RFP are found at:

https://www.deq.nc.gov/about/divisions/mitigation-services/vendors/templates-guidelines-tools-projects

2.12 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found in the Sourcing Tool, which are incorporated herein by this reference.

The following definitions, acronyms, and abbreviations are also relevant to this RFP:

Adjusted Credit Cost – The Credit Cost of a Site divided by the Proposal Rating; units are Dollars per Wetland Mitigation Credit, Stream Mitigation credits, Buffer Mitigation credits, or Nutrient Offset Credits.

Agencies – The regulatory and advisory units of the state and federal government in North Carolina which are involved in permitting and/or commenting on proposed activities in wetlands, streams, or riparian areas and in approving and/or commenting on proposed compensatory wetland, stream, riparian buffer, or nutrient offset mitigation.

As-Built Drawings – Scale drawings depicting the final configuration, dimensions, and locations of all pertinent features of a Site after all implementation activities have been completed.

https://www.deq.nc.gov/about/divisions/mitigation-services/vendors/templates-guidelines-tools-projects

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Baseline Monitoring Document – A written document, supplemented with graphics that describes in detail the implemented mitigation site, the goals established for the project, how it was implemented, how it will be monitored, the amount of mitigation credits the project will generate, and the criteria by which its success will be determined.

Cataloging Unit (“CU”) – A geographic area representing part or all of a River Basin and identified by an 8-digit number as depicted on the “Hydrologic Unit Map – 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey”.

Categorical Exclusion – Categories of actions that do not individually or cumulatively have a significant effect on the human or natural environment and for which, therefore, neither an Environmental Assessment nor an Environmental Impact Statement is required. The Categorical Exclusion will be satisfied by completing the Categorical Exclusion Action Form and Document. The Categorical Exclusion must be approved by the Federal Highway Administration (FHWA).

Coastal Wetland – As defined in North Carolina General Statute 113-229(n)(3) and described in the CAMA Handbook for Development in Coastal North Carolina – Section 2(A)(4).

Conservation Easement – A restriction that landowners voluntarily place on specified uses of their property to protect its natural, productive, or cultural features. It is recorded as a written legal agreement between the landowner and the “holder” of the easement. The State of North Carolina must receive from the landowner a conservation easement as prepared and facilitated by the full delivery provider for all NC Division of Mitigation Services full delivery projects.

Credit – A unit of measure (e.g., a functional or a real measure or other suitable metric) representing the accrual or attainment of aquatic functions at a compensatory mitigation site, as approved by the regulatory agencies. The measure of aquatic functions is based on the resources restored (rehabilitated), established, enhanced, or preserved.

Credit Cost – Total bid cost divided by the number of offered credits for each type of mitigation.

Credit Release Schedule - The timeline established for the periodic release of mitigation credits based upon the successful implementation of the approved Mitigation Plan, including construction and post-construction monitoring.

Department – The North Carolina Department of Environmental Quality (NCDEQ)

Division of Water Resources - Division in NCDEQ that is responsible for state water quality regulations.

DOA/P&C – The North Carolina Department of Administration, Division of Purchase and Contract.

Financial Assurance – Financial security assuring the ability of the provider to deliver the contracted for mitigation credits.

Financial Assurance must be provided through Performance Bonds, Letters of Credit or Casualty Insurance.

Hydrologic Unit (“HU”) – A geographic area representing a portion of a Cataloging Unit as depicted on the “Hydrologic Unit Map

– 1974, State of North Carolina, published by the U.S. Department of Interior, Geological Survey,” and identified by a 14-digit number.

Interagency Review Team (IRT) – A group of federal, tribal, state, and/or local regulatory and resource agency representatives that review documentation for and advises the USACE district engineer on the establishment and management of a stream and/or wetland mitigation bank or an in-lieu fee program.

Intermittent Stream – A well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by storm water runoff. An intermittent stream should score at least 19 points using the NC Division of Water Quality Classification Manual, Version 4.11, 2010, effective September 1, 2010.

Jurisdictional Wetland - A wetland as defined in the 1987 Corps of Engineers Wetlands Delineation Manual.

Local Watershed Plan (LWP) – an NCDMS watershed plan that is conducted in specific priority areas (typically one or more 12-digit Hydrologic Units) where NCDMS and the local community have identified a need to address critical watershed issues.

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Through this planning process, NCDMS collaborates with local stakeholders and resource professionals to identify projects and management strategies to restore, enhance and protect local watershed resources. LWPs can be found by County or River Basin at:

https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents

Long Term Protection – as defined in the Federal Code of Regulations (Federal Register/Vol. 73, No. 70/Thursday, April 10, 2008/ Rules and Regulations – Section 332.7 Management, the Long Term Protection of a mitigation site may be provided through real estate instruments such as conservation easements held by entities such as federal, tribal, state or local resource agencies, non-profit conservation organizations, or private land managers; the transfer of title to such entities; or by restrictive covenants. The use of conservation easements and/or restrictive covenants must receive prior approval by the United States Army Corps of Engineers (USACE) – District Engineer. As noted in the Federal Code of Regulations, the USACE District Engineer shall consider relevant legal constraints on the use of conservation easements and/or restrictive covenants in determining whether such mechanisms provide sufficient protection.

Mitigation Plan – A written document, supplemented with graphics, which describes: the existing site conditions, the goals and objectives of the project and other pertinent information. The Mitigation Plan is developed and submitted prior to the implementation of the project.

Monitoring Report – A written document, supplemented with graphics due on December 1st of each year during the monitoring period following the completion of construction. This report contains results of the measured success criteria as defined in the Baseline Monitoring Document.

NCDMS – The North Carolina Division of Mitigation Services.

Non-Riparian Wetland – An area underlain with hydric soils that is NOT located in a geomorphic floodplain or natural crenulation and NOT contiguous to natural lakes greater than 20 acres in size or artificial impoundments. Non-Riparian Wetlands are typically found on flats in interstream divides (pocosins), side slopes (seeps), and in depressions surrounded by uplands (mafic depressions, lime sinks and Carolina Bays). The hydrology of non-riparian wetlands is driven by precipitation and is characterized by groundwater being at or near the surface for much of the year. Must meet US Army Corps of Engineers wetlands definition (33 CFR 328.3(b)).

Opening Date – The location, date, and time that the Sealed Technical Proposal and Sealed Cost Proposal must be delivered to NCDMS. Proposals will not be accepted by NCDMS after the opening date/time.

Perennial Stream – A well-defined channel that contains water year-round during a year of normal rainfall, with the aquatic bed located below the water table for most of the year. A perennial stream should score at least 30 points using the NC Division of Water Quality Stream Classification Manual, Version 4.11, 2010, effective September 1, 2010.

Preliminary Findings Report – An NCDMS report that is developed during the Local Watershed Planning process that contains an evaluation of available data sources and an initial determination of watershed conditions; identifies data gaps; and includes a plan for a detailed evaluation of the watershed and its water quality, habitat, and hydrologic functions.

Project Area – For the purposes of this RFP, project area is defined as the area within the proposed conservation easement for the project.

Project Milestones – A deliverable, such as a document or completed action that signifies that the endo of a task in the Scope of Service.

Property– A Site may be comprised of one or more pieces of real Property owned by one or more individual.

Proposal – The response to the RFP from an interested Vendor consisting of a signed Sealed Cost Proposal and a Sealed Technical Proposal.

Proposed Project - a site that is in a pre-construction state and that is not associated with, or a part of, an approved (signed, fully executed) Mitigation Banking Instrument by the closing date of this RFP.

https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents

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Proposal Rating (“PR”) – A value (number) that is calculated for each Proposal based upon the evaluation of the Proposal by the PRC. The PR is established by dividing the points scored by the total amount of potential points.

Proposal Review Committee (“PRC”) - A committee established by the NCDMS to review and evaluate each Proposal received and to make recommendations to open costs.

Release of Credits – means a determination by the USACE district engineer in consultation with the IRT, that credits associated with an approved mitigation plan are available for sale or transfer as defined under the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (Federal Register April 10, 2008, Volume 70, Number 73, pp 19594-19705). DWR provides determinations related to riparian buffer and nutrient offset credits.

Regional Watershed Plan (RWP) – an NCDMS watershed plan that is conducted in specific priority areas (typically several 12-digit Hydrologic Units) where NCDMS has identified a need to address critical watershed issues. Through this planning process, NCDMS collaborates with local stakeholders and resource professionals to identify management strategies to restore, enhance and protect local watershed resources. RWPs can be found by County or River Basin at:

https://deq.nc.gov/about/divisions/mitigation-services/dms-planning/watershed-planning-documents

Riparian Buffer Mitigation Credit- The unit of measurement of the extent of riparian buffer mitigation being offered in a Proposal.

Riparian Wetlands – An area that is underlain with hydric soils and located within a geomorphic floodplain or natural crenulation, or contiguous with NATURAL water bodies greater than 20 acres in size.

River Basin – The largest category of surface water drainage; there are seventeen (17) river basins in North Carolina.

River Basin Restoration Priorities - A planning document prepared by the NCDMS that targets specific watersheds (TLWs and TRAs) with descriptions of existing degradation and protection needs for restoration project implementation.

Scope of Services – All services, actions, and physical work required by the Department to achieve the purpose and objectives defined in the RFP; such services may include the furnishing of all required labor, equipment, supplies and materials except as specifically stated.

Sealed Cost Proposal – The completed Sealed Cost Proposal form included in the RFP signed by the Vendor specifying the total compensation requested for the performance of the specified scope of services as defined by the RFP. If more than one Site is proposed, a separate Sealed Cost Proposal must be submitted for each Site. If the Vendor is willing to offer multiple options (i.e., different quantities of mitigation at different credit costs) for one proposed site, a separate Cost Proposal must be submitted for each option offered.

Service Area – 1) A geographic area where mitigation credits from a mitigation site can generally be utilized to satisfy permit requirements. 2) A geographic area where a mitigation requirement can be satisfied.

Site – Property or properties identified by a Vendor in a Proposal as having potential to provide either wetland, stream, buffer, or nutrient offset mitigation. A proposed project shall describe mitigation activities that occur on a single property parcel, or which occur on multiple property parcels. Project proposals shall demonstrate hydrologic connectivity and/or habitat continuity such that the functional relationships between the project components, encompassed within each parcel is evident. DMS shall have the sole discretion to determine whether the project components have sufficient hydrologic connectivity and/or habitat continuity to be considered in a single project proposal.

Stream Mitigation Credit – The unit of measurement of the extent of stream mitigation being offered in a Proposal.

Targeted Local Watershed (TLW) – A 14-digit Hydrologic Unit identified as a targeted area in the RBRP. In past planning efforts, these watersheds were identified because they may have had environmental characteristics that could be improved through restoration projects. TLWs have been replaced by TRAs.

Targeted Resource Area (TRA) – Natural geographic grouping (cluster) of NHD-Plus catchments with high predicted uplift potential for one or more functions (hydrology, water quality, habitat); replace TLWs as the basic priority unit in the updated

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RBRP methodology. TRAs have defined boundaries based on an area of influence or an area of habitat extent NOT necessarily defined by a watershed boundary.

Technical Proposal – One of the two parts of the Proposal which contains a technical description of the proposed mitigation.

USACE – United States Army Corps of Engineers, Regulatory Branch, Wilmington District

USGS – United States Geological Survey.

Wetland Enhancement - means the manipulation of the physical, chemical, and biological characteristics of a site to heighten, intensify, or improve a specific aquatic resource function(s). Enhancement results in the gain of selected aquatic resource function(s) but may also lead to a decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic resource area.

Wetland Preservation - means the removal of a threat to, or preventing the decline of, aquatic resources by an action in or near those aquatic resources. This term includes those activities normally associated with the protection and maintenance of aquatic resources through the implementation of appropriate legal and physical mechanisms. Preservation does not result in a gain in aquatic resource area or functions.

Wetland Restoration - means the manipulation of the physical, chemical, and biological characteristics of a site with the goal of returning natural/historic functions to a former or degraded aquatic resource. Wetland restoration is divided into two categories:

Re-establishment and Rehabilitation. See definition of Wetland Re-establishment and Wetland Rehabilitation.

Wetland Re-establishment – means the manipulation of the physical, chemical, and biological characteristics of a site with the goal of returning natural/historic functions to a former aquatic resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in aquatic resource area and function.

Wetland Rehabilitation – means the manipulation of the physical, chemical, and biological characteristics of a site with the goal of returning most, if not all the natural/historic functions to a degraded aquatic resource. Rehabilitation results in a gain in aquatic resource function but does not result in a gain in aquatic resource area.

Wetland Mitigation Credit – The unit of measurement of the extent of wetland mitigation being offered in a Proposal.

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the specific RFP Specifications and achieving the highest and best final evaluation, based on the criteria described below.

While the intent of this RFP is to award a Contract(s) to a single Vendor, the State reserves the right to make separate awards to different Vendors for one or more line-items, to not award one or more line-items or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so.

The State reserves the right to waive any minor informality or technicality in proposals received.

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFP is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See Paragraph 29 of the Instructions to Vendors entitled

COMMUNICTIONS BY VENDORS.

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Each Vendor submitting a proposal to this RFP, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the procurement lead named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or inquiries directed to the procurement lead named in this RFP regarding requirements of the RFP (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.3 PROPOSAL EVALUATION PROCESS

Only responsive submissions will be evaluated.

The State will conduct a Two-Step evaluation of Proposals:

Proposals will be received from each…