CTR060743_Contract_Documents.pdf

CTR060743 7/1/2022

Jeremiah Weiner Sr. Procurement Specialist6/8/2022

Request for Proposal

Notice Page

Arizona Department of

Environmental Quality (ADEQ)

1110 W. Washington Street

Phoenix, AZ 85007

Solicitation Number: BPM004175

Description: Tanks Services

Solicitation Due Date and Time: As indicated in APP

Proposals will only be accepted online in “The State’s e-Procurement System” at https://app.az.gov until the “Bid/Offer Due Date” indicated in “The State’s e-Procurement

System” for the Solicitation No. shown at the top of this page. Proposals must be in the State

Procurement Office’s possession online no later than that deadline.

Submit technical inquiries about navigating and/or submitting proposals in the State’s e-Procurement

System to the State’s e-Procurement 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 e-

Procurement System”.

It is the responsibility of the supplier/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/ https://app.az.gov/ mailto:app@azdoa.gov

Table of Contents

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

Table of Contents

Solicitation Summary 2

Scope of Work 4

Pricing Document 17

Special Terms and Conditions 22

Uniform Terms and Conditions 46

Solicitation Summary

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

Solicit ation Summary

1. What the State is Soliciting?

The Arizona Department of Administration, State Procurement Office (the State), as authorized under

A.R.S. § 41-2501 is seeking to establish one or more “statewide” contracts to provide Tanks Services.

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

The State reserves the right to accept any item or combination of items specified in the solicitation, unless the Offeror expressly restricts an item or combination of items in its Proposal, and conditions its response on receiving all items for which it provided a proposal. In the event of such restriction, the State will evaluate if an award on such basis will result with the best value and in the best interest for the State. The

State may otherwise determine at its sole discretion that such restriction is non-responsive and deem the

Offeror ineligible for further evaluation.

2. What is in the Solicitation?

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

2.1.1. Attachment: BPM004175 Solicitation Requirements

2.1.1.1. Notice / Cover Page

2.1.1.2. Table of Contents

2.1.1.3. Solicitation Summary

2.1.1.4. Scope of Work

2.1.1.5. Special Terms and Conditions

2.1.1.6. Uniform Terms and Conditions

2.1.1.7. Exhibit I Task Order Bid Sheet

2.1.1.8. Exhibit II Project Budget Spreadsheet

2.1.1.9. Exhibit III QA Project Plan Review Checklist

2.1.2. Attachment: BPM004175 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Uniform Instructions to Offerors

2.1.3. Solicitation Attachments

2.1.3.1. Attachment 1 Offer and Acceptance

2.1.3.2. Attachment 2A Experience and Capacity

2.1.3.3. Attachment 2B Organizational Profile

2.1.3.4. Attachment 2C Financial Questionnaire

2.1.3.5. Attachment 3A Method of Approach

2.1.3.6. Attachment 3B Key Personnel

2.1.3.7. Attachment 3C Proposed Subcontractors

Solicitation Summary

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

2.1.3.8. Attachment 3D Boycott of Israel Disclosure

2.1.3.9. Attachment 4 Pricing Sheet

2.1.3.10. Attachment 4A Pricing Document

2.1.3.11. Attachment 5A Confidential Information

2.1.3.12. Attachment 5B Conformance Statements

2.1.3.13. Attachment 5C Offer Checklist

2.2. The State may issue a Solicitation Amendment at any time after solicitation publication, and before the proposal due date. It is the responsibility of the supplier/offeror to routinely check the

APP website for any Solicitation Amendments and revised documents.

Scope of Work

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

Scope of W ork

1. PURPOSE AND BACKGROUND

1.1. Purpose

The Arizona Department of Environmental Quality is seeking qualified contractors for statewide, task order-based contracts for the decommissioning of regulated infrastructure systems; as well as, the assessment and remediation of health and environmental hazards posed by contaminants released from systems regulated by the ADEQ Underground Storage Tanks (UST) Program.

1.2. Background

In 1986, the State of Arizona established an UST Program administered by ADEQ to regulate the installation, operation, and decommissioning of UST systems; as well as, the investigation and cleanup of environmental contamination arising from regulated systems. The UST Program is primarily funded through the one-cent per gallon excise tax on the storage of regulated substances and a $100 annual registration fee for each regulated UST. Funding for services that may be awarded under this contract are also provided by federal grants administered by the

U.S. Environmental Protection Agency (EPA).

The State Lead Program provides financial assistance to eligible ADEQ UST Program customers for non-corrective and/or corrective action projects. For ADEQ, non-corrective action projects include the permanent closure of regulated UST systems (section 5.1), baseline assessments

(section 5.2.1), and suspected release investigations (section 5.2.2). Under this program, ADEQ directly manages these projects on behalf of the customer through scopes of work awarded on a task order basis. All work performed under this Contract is directly authorized and overseen by

ADEQ Project Management staff and all costs are directly invoiced by the Contractor to ADEQ.

1.3. Estimated Spend History

Previous Tanks Contract spend for ADEQ fiscal years 2019-2022 was approximately

$36,716,455; however, any Contract resulting from this Solicitation shall be used on an as needed, if need basis. The State makes no guarantee as to the amount of spending from any resulting contract.

2. OBJECTIVE & SUMMARY OF SCOPE

2.1. The objective is to provide services to Using Agencies as specified in any task orders issued under this Contract associated with the Categories of Work defined in Subsection 5 Scope of

Work of this document. All work is primarily intended to ensure the protection of public health and the environment from dangers or impacts from regulated UST systems.

2.2. The awarded Contractors will be eligible to receive task orders for completing projects for the

ADEQ UST/Leaking UST Section’s State Lead Program and any other State Using Agencies.

Contractors will develop Task Order Offers (TOO) proposing methods of approach, schedule, and

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ) budget for each task order to address the scopes of work and meet the goals set by the Using

Agency.

2.3. Contractors are expected to provide ADEQ and all other Using Agencies the highest quality services meeting all applicable local, State, and Federal regulations and guidance. All projects will proceed with monthly, at a minimum, reporting and invoicing for project status, budget, and schedule tracking by the Using Agency. The contractors shall provide the Using Agency with all project management, including the oversight and coordination of all subcontracted work; and all necessary technical support personnel, equipment, supplies, and materials to perform all work at a level of quality that consistently meets or exceeds the expectations of all Using Agencies.

3. DEFINITIONS

3.1. A.R.S. shall mean the Arizona Revised Statutes. Specific statutes for each citation can be found at https://www.azleg.gov/arstitle

3.2. A.A.C. shall mean the Arizona Administrative Code. Specific rules for each citation can be found at https://apps.azsos.gov/public_services/CodeTOC.htm

3.3. Arizona BTR shall mean the Arizona Board of Technical Registration. Individual and Firm registrations can be searched on the Board website at https://btr.az.gov/

3.4. Differing Site Conditions shall mean any surface or subsurface physical conditions which differ materially from those known and/or specified within the task order at the time of award.

3.5. “Level of effort” is defined as the specific labor level designation with the minimum requirements to complete the associated task.

4. MINIMUM QUALIFICATIONS

4.1. Contractor Firm and Key Personnel Technical Registration Requirements

Per A.R.S. §32-141, all offerors must possess and provide documentation showing the registration of the firm/branch with the Arizona Board of Technical Registration (BTR). In addition, at least one key personnel member must be registered with Arizona BTR as a professional engineer or registered geologist to satisfy the regulations governing reporting requirements for projects conducted under this contract per A.R.S. §32-121.

4.2. Scope of Work Category-Specific Subcontractor Registration/Licensing Requirements

Activities conducted under the following categories within the Scope of Work require, at a minimum, work to be conducted by parties with the specified professional registrations, licenses, or certifications current and in good-standing.

4.2.1. UST Permanent Closures

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

A. ADEQ-Certified UST Service Provider per A.R.S. §49-1082 and A.A.C. R18-12-801

& 803

B. Analytical Laboratory licensed by Arizona Department of Health Services for each selected analytical method per A.A.C. R9-14-601 through 617

4.2.2. Site Investigations

A. Arizona Department of Water Resources (ADWR)-Licensed Well Driller per A.R.S.

§45-595(B)

B. Analytical Laboratory licensed by Arizona Department of Health Services for each selected analytical method per A.A.C. R9-14-601 through 617

C. Surveyor registered with the Arizona BTR per A.R.S. §32-101 & 121

4.2.3. Remediation Testing, Design, and Implementation

A. Arizona Department of Water Resources (ADWR)-Licensed Well Driller per A.R.S.

§45-595(B)

B. Analytical Laboratory licensed by Arizona Department of Health Services for each selected analytical method per A.A.C. R9-14-601 through 617

C. Surveyor registered with the Arizona BTR per A.R.S. §32-101 & 121

5. SCOPE OF WORK

5.1. UST Permanent Closures

Coordinate and conduct all activities, both field and reporting, for the permanent closure of underground storage tanks in accordance with A.R.S. §49-1008 and A.A.C. R18-12-271. Project activities include the contracting and oversight of an ADEQ-certified UST Service Provider for the decommissioning of the UST system, submission of all required documents for plan review for

UST closure, collection and analysis of environmental samples per A.A.C. R18-12-271 and 280, and the UST Quality Assurance Program Plan, and submission of all required regulatory documentation.

5.2. Site Investigations

5.2.1. Baseline Assessments

Investigate native environmental media at likely release areas and common points of infrastructure issues for the presence of contamination arising from the regulated UST system in accordance with ARS §49-1052 and ADEQ-published guidance. The assessment shall be conducted in a manner supporting the required professional interpretation as to whether any identified contamination is previously unknown and whether the current UST system is leaking. All environmental sample collection shall

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ) meet the requirements of A.A.C. R18-12-280 and the UST Program Quality Assurance

Program Plan.

5.2.2. Suspected Release Investigations

Assess likely release areas to satisfactorily determine whether the regulated substances have been released to the environment (confirming the suspected release) and if UST system is/was the source of the confirmed release in accordance with A.A.C R18-12-

251 and 260, as applicable. All environmental sample collection shall meet the requirements of A.A.C. R18-12-280 and the UST Program Quality Assurance Program

Plan.

5.2.3. Characterization of Contaminated Sites

Characterize the nature and extent of contamination, as well as the environmental setting and threats to human health and the environment through the investigation of: (i) the full extent (vertical and lateral) of contamination impacts, (ii) the locations of and threats/impacts to current and potential future receptors, (iii) the mechanisms, routes/pathways/hydrogeologic controls on, and rates of contaminant transport and attenuation, and (iv) the construction of conceptual site models. All investigations for characterization of the contaminated site shall be conducted in accordance with A.A.C.

R18-12-261 through 262, and provide the information necessary to determine site-specific corrective action standards and evaluate remedial alternatives for addressing the contamination of all native environmental media. All environmental sample collection shall meet the requirements of A.A.C. R18-12-280 and the UST Program

Quality Assurance Program Plan. Site assessment activities should consider the application of TRIAD and/or Expedited Site Assessment practices, as appropriate, to decrease the time required for achieving sufficient site-specific information for the assessment of remedial response needs.

5.3. Remediation Testing, Design, & Implementation

5.3.1. Pilot Testing

Develop a plan to test the potential efficacy of the proposed remedial method under site-specific conditions. The pilot-test plan includes the testing system infrastructure, utility requirements, permitting, onsite derived waste handling; as well as, specifically identifying the testing objectives, parameters, and monitoring frequency required to satisfactorily evaluate the performance capabilities to achieve overall remedial objectives. Prepare a report evaluating the data obtained from the testing summarizing the results and providing recommendations for full-scale implementation, if appropriate based upon A.R.S. §49-1005 and A.A.C. R18-12-263(E).

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

5.3.2. Full-scale Remedial Plan Design & Development

Develop the plan for full-scale implementation of the proposed remedial method(s) to achieve the remedial objectives. The implementation plan shall include designs and specifications for system infrastructure and/or application sites, equipment, onsite derived waste handling and disposal, and all other considerations necessary for full implementation. All required federal, state, and local permits and notifications for implementation of the remedial plan shall be identified and documented. Based upon equipment requirements, identify utility needs and develop a plan for the most effective option(s) to meet these requirements. The implementation plan will document the interim performance measures that define remedial method efficacy and conformity to the established remedial objectives. The plan shall include a full implementation schedule identifying all required permitting, construction/implementation, operation and monitoring timeframes, reporting frequencies, and schedule for system decommissioning and full demobilization.

5.3.3. Remedial Plan Implementation

Contractor shall obtain all permits and make all required notifications to regulatory authorities identified in the full-scale implementation plan at the appropriate times prior to commencing implementation to prevent any unnecessary work delays. Coordinate and manage all stages of Work with Subcontractor(s) to ensure adherence to the implementation schedule. Oversee all remedial system construction and/or implementation activities onsite. Prepare and submit reports on the progress and final construction/implementation of the remedial plan including any system construction diagrams and design documentation.

5.3.4. Remediation Operation, Maintenance, and Monitoring

The Contractor shall develop plans for the operation, maintenance, and monitoring schedules of the final implemented system. All planned remedial activities including system start-up or shake-down; implementation of the operation, maintenance, and performance monitoring plans; system performance optimization; and collection of all monitoring samples shall be conducted and/or overseen by the Contractor. The

Contractor shall ensure that all system function is optimized and maintained, that any down-time is minimized, and that contaminant mass treated is maximized throughout the system operational period. The Contractor shall prepare and submit reports on remedial system operation, results of all sample analytical analyses, and summarizing remedial action efficacy toward achieving the established remedial objectives in the proposed implementation timeframes in site status update reports or Periodic Site Status

Reports meeting the requirements of A.A.C. R18-12-263(G), as appropriate.

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

5.3.5. Decommissioning of Remediation Infrastructure

Upon determination that remedial objectives have been achieved or upon direction by the Using Agency Project Manager, the Contractor shall shut-down and demobilize all remediation equipment. Full system decommissioning and abandonment shall include the permanent abandonment of all remediation infrastructure and restoration of the site to pre-system installation conditions, including the disconnecting or restoration of any modified utilities, as appropriate. All necessary documentation of decommissioning activities shall be prepared and submitted to the appropriate regulating authorities. The

Contractor shall prepare and submit a report detailing all decommissioning and site restoration activities as directed by ADEQ or upon closure of the confirmed release.

5.4. Risk Evaluation & Assessment

5.4.1. Establishment of Risk-based Corrective Action Standards & Corrective Action Plan

Development

Development of corrective action standards based upon site-specific information consistent with Risk-based Corrective Action Tiers 2 and 3 meeting the requirements of

A.R.S. §49-1005 and those specified in A.A.C. R18-12-263.01 & 263.02, as applicable.

Efforts should include the evaluation of site characterization data, assessment of contaminant threats/exposures to receptors for cancer risk and non-cancer risk considerations, identify site-specific data gaps to be addressed, and quantitatively determine the site-specific corrective action standard for each chemical of concern for each affected medium at the points of compliance and source zones. All site-specific data, calculations, assumptions, and input uncertainties for each evaluation must be fully documented. These efforts may also be applied to the development of Corrective Action

Plans as requested meeting the requirements of A.A.C. R18-12-263.02. In addition, these standards will include an assessment of the need for interim remedial actions and inform remedial action plan development as the conceptual site model evolves per

A.R.S. §49-1005 and A.A.C. R18-12-263.

5.4.2. Preparation of Corrective Action Completion Reports

Corrective Action Completion Reports (CACRs) for releases impacting soils, groundwater, and/or surface water shall be prepared per the requirements of A.A.C.

R18-12-263.03 to document conditions appropriate for case closure. CACRs shall document the risk-based corrective action standards applied for each impacted medium and define the remedial actions implemented to achieve chemical of concern concentrations at or below each respective standard. Additionally, documentation of all considerations necessary to propose case closure for groundwater impacts above established Aquifer Water Quality Standards shall be included in the CACR for groundwater-impacted cases utilizing a Tier 2 or Tier 3 evaluation as described in A.A.C.

R18-12-263.04.

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

5.5. In-House Capacity Support

Contractor provides professional staff, on an as needed basis, to assist the UST Program with additional capacity for internal processes, including but not limited to: technical reviews of regulatory reports, scopes of work proposed to be conducted or requests for reimbursement of costs for implementation actions conducted in an ADEQ financial assistance program, review and summarization of technical data from case histories, and mentoring of ADEQ staff on technical and project management issues. Assistance activity types will be specifically defined in the terms of each Task Order. Contractor staff supplying capacity support will adhere to all applicable

ADEQ regulations, guidance, and standard processes currently in place at the time consistent with ADEQ practices and performance expectations.

6. GENERAL REQUIREMENTS

6.1. Specific Laws: The Contractor agrees that all work authorized under the Task Orders must be performed in conformance with all applicable Federal, state, and local laws, regulations, and rules including, but not limited to the following: Comprehensive Environmental Response

Compensation and Liability Act (CERCLA), Superfund Amendments and Reauthorization Act

(SARA), and any future Superfund authorizations as enacted by Congress; Occupational Safety and Health Act (OSHA); Resource Conservation and Recovery Act (RCRA); Clean Water Act;

Clean Air Act; Arizona Hazardous Waste Management Act; Used Oil Management Act; Toxic

Substance Control Act; Asbestos Hazard Emergency Response Act (AHERA); 40 CFR Part 763

Subpart E; and all statutory requirements included within A.R.S. § Title 49 - The Environment, and

A.R.S. § Title 45 Waters, and all applicable ADEQ guidance documents.

6.2. Additional Conditions: All work shall follow applicable construction and safety requirements, including all UST requirements set forth in Federal, State, and municipal statutes and guidelines, as well the UST Program Quality Assurance Program Plan. The Contractor shall be responsible for acquiring all permits necessary from relevant agencies and/or authorities for any work being performed as well as for notification of the local municipality. Prior to undertaking any subsurface assessment work, including but not limited to drilling and well installation activities, the Contractor shall be responsible for locating all subsurface fuel, utility, septic and communication lines, as well as any other structures that may be encountered while performing Work under the applicable

Task Order.

6.3. Regardless of Using Agency, if work performed by Contractor did not adhere to all applicable

Federal, State, and Local laws, regulations, and rules, as well as the current applicable ADEQ guidance, the Contractor will be responsible for all costs associated with ensuring the site meets these standards.

6.4. Contractors Personnel Professional Staffing: Contractor agrees and understands that some Work specified in Task Orders may require the performance of a Professional Engineer (PE) and/or a

Registered Geologist (RG), registered in the State of Arizona and consistent with the applicable rules and by-laws of the Arizona Board of Technical Registration. Plans, specifications, reports

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ) and other professional documents, as required by the Using Agency, must be sealed by such registered professionals and must be acceptable to the Using Agency Project Manager in form, timeliness, contents, and presentation. Contractor shall retain a minimum of one registered professional, identified in the Key Personnel list (Attachment 3B – Key Personnel), providing work authorized under the Contract as a bona fide employee throughout the duration of the Contract.

Contractor shall also maintain at least one office location, identified in Attachment 2B –

Organizational Profile, within the State of Arizona to be staffed with personnel providing work authorized under this Contract.

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:

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

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

c) not remove or reassign any of those key personnel without State’s prior consent, which

State may withhold at its discretion.

6.5. Project Documents: The Contractor shall devise, implement, and maintain at the Contractor's place of business or project site, on a current basis, a structured document control system which includes and tracks records of all necessary contracts, shop drawings, samples, purchases, materials, equipment, operation and maintenance manuals and instructions, raw data files including drawings, analytical reports, field notes, and mapping files, reports and any other documents and revisions thereto which arise out of the Task Order. These documents shall be readily available to the Using Agency at any time during the record retention period specified in 6.14.

6.6. Submission of Electronic Deliverables: At the request of the Using Agency's Contract Officer or the Project Manager, the Contractor shall submit deliverables in electronic format using the processes and procedures specified in the Task Order.

6.7. Access Agreements and/or Consent Decrees: The Contractor shall comply with all requirements established in Access Agreements and/or Consent Decrees entered into between the Using Agency and the specified parties within the associated agreement/decree regarding the site. The Using Agency's Project Manager shall provide any relevant information to the Contractor.

6.8. Contractor Personnel: The Using Agency reserves the right to require the Contractor to reassign or otherwise remove any Contractor or Subcontractor personnel from providing

Task Order Services. The Using Agency will not unreasonably exercise the rights reserved under this paragraph. The Using Agency shall not be charged for Contractor time needed to

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ) bring new Contractor or Subcontractor personnel to the level of knowledge of previous personnel. This shall include becoming familiar with the specific characteristics and special requirements of the Task Order.

6.9. Remedial Equipment Rental and Run-Time: To prevent long periods of down-time due to mechanical failure or major system repair, the remediation system shall have an operational efficiency of 75% of the time that the system is intended to be in operation. The clock for O&M will officially begin at the nearest hour of startup. The Contractor shall provide the using agency with a current table showing the hours of run-time on a monthly basis. This table shall be submitted with monthly invoices to ensure that compensation is consistent with run-time of the system. For equipment that is operational less than 75% due to equipment failure, a pro-rated rental rate shall apply.

6.10. Liens and Lien Notices: The Contractor shall be responsible for ensuring that liens and lien notices are not placed on the site property.

6.11. Health and Safety Plan: The Contractor shall be responsible for the development of a site-specific health and safety plan (HASP) and ensuring compliance with the HASP by their personnel and subcontractors.

6.12. Quality Assurance Program Plan: The Contractor shall be responsible for the development and/or maintenance of a program plan documenting all quality assurance and quality control processes and procedures that will be applicable to work conducted under this contract, and the adherence of all staff and submissions for the work to this plan. In addition, the Contractor shall ensure compliance with the ADEQ UST Quality Assurance Program Plan which can be found at http://static.azdeq.gov/ust/ust_quality_assurance_plan.pdf or by request to ADEQ.

6.13. Review of Contractor Performance: The Contractor shall perform all duties under this contract in a manner acceptable to the Using Agency. The Using Agency Project Manager may complete a

Contractor Performance Review (CPR) after completion of a Task Order or at the end of each

Fiscal Year. Additional metric information may be added after the Contract award within the best interest of the State.

6.13.1. The Contractor shall be evaluated based on the following ratings and performance categories:

a. Quality (Issue 1) Compliance with the terms of the Task Order and the Contract, the quality of all work performed (both field and in-house support), the quality, being accurate and correct upon initial submission, of all information, including all reports and project management documents (e.g. offers, invoices, and project budget spreadsheets) submitted to the Using Agency Project Manager. Contractor actions proactive vs reactive. Ability to handle technical issues with minimal direction.

b. Timeliness of Performance (Issue 2): Submission of all information, including all reports and project management documents (e.g. offers, invoices, and project budget http://static.azdeq.gov/ust/ust_quality_assurance_plan.pdf

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ) spreadsheets) on schedule in accordance with the specified timeframes in applicable regulations and/or task order terms, completion of work with reasonable adherence to the initially proposed implementation schedule.

c. Cost Control (Issue 3): Avoiding recurring exceedances from approved task order sub-task budgets not associated with reasonable changing site conditions and/or logistical issues. Appropriately invoicing based upon “level of effort” for task completion. Selection of appropriate equipment for each identified technology or action required to satisfy task order terms based upon site conditions and corrective action goals to avoid excessive costs for unnecessary performance capabilities.

Maximize the amount of required tasks performed per mobilization to limit unnecessary costs.

d. Business Relations (Issue 4): Representing ADEQ in a professional and positive manner with all involved parties; reasonable & collaborative professional behavior with ADEQ staff; responsive to communications, requests, and inquiries from ADEQ personnel and involved parties; timely notification of project issues.

6.13.2. Using Agency Project Manager may complete a CPR at the conclusion of a Task Order to measure performance in Section 6.13.1.

a. Project Manager may forward the CPR to the Contractor. Contractor may request, by email to the Using Agency Project Manager, the CPR to be provided on a more frequent basis.

b. The Contractor shall be granted 7 business days from the date of Contractor’s receipt of CPR to review and provide a response to the Using Agency Project

Manager on company letterhead.

c. The Contractor may submit comments, rebuttals (disagreements) or additional information to the Using Agency Project Manager that contest the CPR ratings.

d. Comments provided by the Contractor in response to the CPR shall be combined with the CPR, signed by the Using Agency Project Manager, and retained within the project file. The Using Agency Project Manager will provide a copy of the completed report to the Contractor by request or an annual basis.

e. If the Contractor does not respond to the CPR within the designated time frame, the specified ratings in the report are deemed appropriate for the evaluation. In this instance, the Using Agency Project Manager shall sign and retain the CPR in the project file.

f. For persistent and/or pervasive Contractor performance issues, the CPR may be submitted to ADEQ Procurement Office for review and action, which will be added to the Contract file.

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

6.14. The Contractor will establish and maintain all project documents and records for a minimum of 5

(five) years.

7. TASK ORDERS

7.1. Any work authorized under this contract shall be authorized by Task Order issued by the Using

Agency Project Manager. No work is to be performed without an approved Task Order.

7.2. Task Order Offer Solicitations

7.2.1. Using Agency will submit an initial Task Order Offer Request by e-mail. Response to the request shall be acknowledged by the Contractor within 24 hours by e-mail with either a

“yes or “no” interest in submitting a Task Order Offer, unless instructed otherwise.

7.2.2. Contractor shall respond to Using Agency with a Task Order Offer within the time proposed in the task order offer request, which is generally 10 (ten) business days.

7.2.3. The Using Agency may choose to solicit responses from one or more than one

Contractor in whatever manner is in the best interest of the State.

7.3. Task Order Offers

7.3.1. Task Order Offers shall contain all necessary information and detail documenting the proposal to fully address the scope of work and project goals of the Task Order Offer

Request.

7.3.2. Task Order Offer Cost Information: Task Order Offers shall include all documentation of estimated costs, including required supporting documentation, for conducting the work specified in the Task Order Offer Request.

a. A detailed cost breakdown shall be provided with each Task Order Offer using the

Task Order Bid Sheet (Exhibit I)

b. The firm-fixed-prices detailed in the Pricing Rate Document of the Contractors awarded Contract shall be used as a basis for all labor and equipment rates in task order offers.

c. Contractors shall bid labor categories at the “level of effort” and not by the job title of the person performing the work.

d. The Contractor shall include all subcontractor bids for any work that is planned to be conducted by a subcontractor.

e. The Task Order Offer may include additional assumptions and/or recommendations for additional work, including supporting rationale, for satisfying the requirements of the solicited scope of work.

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

7.3.3. The Contractor shall be available immediately upon receipt of the Notice to Proceed and remain available to the Using Agency throughout the period of performance, as stated in the Task Order.

7.4. Task Order Offer Selection Process:

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

7.4.2. The intent of the Task Order process is to achieve the best value for the Using Agency.

Negotiations may be held with the Offerors who submit an offer. Labor and equipment rates as specified in Contract are not negotiable.

7.5. Changes in Task Order Scope:

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

7.5.2. No adjustment in the project budget or the scheduled completion date shall be made unless authorized in a Change Order by the Using Agency Project Manager.

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

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

7.6. Project Budget Spreadsheet (Exhibit II):

7.6.1. Within 30 days of receipt of the project budget spreadsheet template for the awarded

Task Order from the Using Agency Project Manager, the contractor shall submit via email a completed project budget spreadsheet identifying initially proposed and current forecast monthly invoice amounts for each sub-task. This spreadsheet and schedule shall be for the period beginning with the Task Order award date and continuing through the completion of the Task Order. The spreadsheet shall contain a monthly breakdown of projected costs and associated activities for each sub-task. The project budget spreadsheet shall be submitted to the Using Agency Project Manager with each invoice for the duration of the Task Order. The project budget spreadsheet shall be updated by the Contractor to reflect the most current forecast costs to be invoiced and the actual invoiced amounts to date for each sub-task within the Task Order.

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

8. STATEWIDE ORDERING

8.1. If the Special Terms and Conditions indicates that the Contract is a “statewide” contract, then

Contractor shall deploy and maintain sufficient resources to ensure satisfactory statewide performance, which, at a minimum, includes being able at all times to:

8.1.1. Create and manage multiple individual customer accounts for Eligible Agency and Co-

Buyer

8.1.2. Manage order placement, billing, fulfillment, and reporting purposes

8.1.3. Handle concurrent questions, disputes, and other communications from those multiple customer accounts, all the while providing excellent customer service and maintaining excellent customer relations with the Eligible Agencies and Co-Op Buyers.

Pricing Document

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

1. Compensation method

Contractor will be compensated based on the final detailed written task order approved by the

Customer. Contract Type will be Firm Fixed Price.

2. Pricing

2.1. Contractor’s Best Pricing. Supplier warrants that, for the term of the Contract, the prices and discounts set out in the Attachments titled Attachment 4 – Pricing Sheet, including any subsequent agreed amendment to it (the “Contract Pricing”), will be equal to or better than the lowest prices and largest discounts, both separately and in combination, at which

Contractor sells equivalent services, items of equipment and materials.

2.1.1. That price-plus-discount equivalence (“Contractor’s Best Pricing”) is intended to be irrespective of whether or not those other sales have special purchase terms, conditions, rebates or allowances.

2.1.2. If Contractor’s Best Pricing for equivalent services, items of equipment and materials is better than the Contract Pricing, then Contractor agrees to adjust the

Contract Pricing to match the Contractor’s Best Pricing for all sales related to the

Contractor made after the date when the Contractor’s Best Pricing was first better than the Contract Pricing.

2.1.3. For clarification of intent, that date is intended to be the date when the difference first occurred, which might have been before the difference was first identified. If it was before, then Supplier agrees to charge at less than the Contract Pricing until the extended difference that would have been realized (i.e., if the

Contractor’s Best Pricing had been applied when it should have been) has been settled.

2.2. Pricing is all-inclusive, including any ancillary fees and costs required to accomplish the

Scope of Work and all aspects of Contractor’s offer as accepted by the State. Details of service not explicitly stated in the Scope of Work or in Contractor’s Offer, but necessarily a part of, are deemed to be understood by Contractor and included herein. All administrative, reporting, or other requirements, all overhead costs and profit and any other costs toward the accomplishment of the requirements in the Contract are included in the pricing provided.

2.3. Price Increase. The State may review a fully documented request for a price increase. The requested increase shall be in writing and be based upon a cost increase to the contractor that was clearly unpredictable at the time of the offer and is directly correlated to the price of the product concerned. Contractor must provide conclusive evidence of a need for any price increases such as being substantiated by the Producer Price Index, Consumer Price

Index, or similar pricing guide.

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

2.3.1. Initial Contract prices will be honored for two years after award of Contract.

2.3.2. All written requests for price adjustments made by the contractor shall be initiated thirty (30) days in advance of any desired price increase to allow the State sufficient time to make a fair and equitable determination to any such requests.

This may be waived upon proper documentation demonstrating the urgency of the request.

2.3.3. All price adjustments will be implemented by a formal contract amendment. State shall determine whether the requested price increase or an alternate option is in the best interest of the State.

2.4. Price Reductions. Price reductions shall be immediately passed along to State and may be submitted in writing to State for consideration at any time during the Contract period.

The contractor shall offer State a price reduction on the Contract product(s) concurrent with a published price reduction made to other customers. The State at its own discretion may accept a price reduction. The price reduction request shall be in writing and include documentation showing the actual reduction of cost. Sales promotions requests shall include differences in pricing, begin, and end date of promotion along with the products covered.

2.5. Additional Charges. Any charges or fees not delineated in the Contract may not be added, billed, or invoiced under the Contract.

2.6. Equipment rentals, commodities purchased, etc. which are directly required for the completion of the Task Order, and are approved by the ADEQ Project Manager, shall be compensated at the actual cost of the services, rental fees, commodities purchased, etc.

with no mark-up.

2.7. Subcontracted Services Mark-ups may be negotiated and shall not exceed five percent

(5%) of the total cost of the Subcontracted Services or items and shall be approved by the

Using Agency Project Manager at the time of the Task Order approval.

2.8. Travel. Contractor shall get written approval prior to any travel under the Contract in which reimbursement of expenses will be requested. Contractor will be reimbursed for actual expenses incurred in accordance with the current rates specified in the State's Travel

Policy. Contractor shall itemize all meal and lodging charges. State Travel Policy, including

State rates, may be located at https://gao.az.gov/travel. The Eligible Entity / Customer shall reject any claim for travel reimbursement without prior written approval.

3. Funding

No particular funding considerations apart from paragraph 4.4 [Availability of Funds for the Next

State fiscal year] and 4.5 [Availability of Funds for the current State fiscal year] of the Uniform

Terms and Conditions have been identified as of the Solicitation date.

https://gao.az.gov/travel https://gao.az.gov/travel

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

4. Invoicing

4.1. Invoices Go To Buying Entity. Contractor shall submit all billing notices or invoices to the ordering Eligible Entity/Customer (e.g. Eligible Agency or Co-Op Buyer) at the address indicated on the applicable Order document or by utilizing the Buying Entity’s purchasing tool/process.

4.2. Billing notices and invoices for ADEQ shall be sent to accountspayable@azdeq.gov

4.3. Minimum Invoice Requirements. Every invoice must include the following information:

4.3.1. Bill-to name and address

4.3.2. Contractor name and contact information

4.3.3. Remit-to address

4.3.4. Invoice number and date

4.3.5. State contract number

4.3.6. Order number (APP PO number)

4.3.7. Date the services performed

4.3.8. Applicable payment terms

4.3.9. Material or Service description (Itemized)

4.3.10. Quantity delivered or performed

4.3.11. Line item unit of measure

4.3.12. Item price

4.3.13. Extended pricing

4.3.14. Taxes (as a separate invoice line item)

4.3.15. Mailing fees (if applicable)

4.3.16. Total invoice amount due

4.4. No Invoice Without Authorization. Contractor shall not seek payment for any:

4.4.1. Materials or Services that have not been authorized on an acknowledged Order;

4.4.2. Expediting, overtime, premiums, or upcharges absent State’s express prior approval; or

4.4.3. Materials or Services that are the subject of a Contract Amendment that has not been fully signed.

4.5. Submitting Invoices. Contractor shall submit an invoice to the ordering Eligible Agency or

Co‑Op Buyer using the form and/or process provided or required by the ordering Eligible

Entity/Customer (Eligible Agency or Co-Op Buyer). Every invoice must be signed by

Contractor’s authorized representative and accompanied by all supporting information and documentation required by the Contract and applicable laws. Invoices must be received by the Using Agency by the 10th day of each month.

mailto:accountspayable@azdeq.gov

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

4.6. Defective Invoices. Without prejudice to its other rights under the Contract or further obligation to Contractor, the ordering Eligible Entity/Customer (Eligible Agency or Co-Op

Buyer) may, at its discretion, reject any materially defective invoice.

4.6.1. The ordering Authorize Entity/Customer (Eligible Agency or Co-Op Buyer) shall notify the Contractor within 5 (five) business days after receipt if it determines an invoice to be materially defective.

4.6.2. Invoices will be deemed automatically rejected upon delivery if they:

4.6.2.1. are sent to an incorrect address;

4.6.2.2. do not reference the correct State contract or APP Order number; or

4.6.2.3. are payable to any Person other than the Contractor.

4.6.3. The ordering Eligible Entity/Customer (Eligible Agency or Co-Op Buyer) will have no obligation to pay against a defective invoice unless and until Contractor has re-submitted it free of defects.

5. Payments

5.1. Payment. The applicable Eligible Agency or Co-Op Buyer shall pay undisputed amounts due to Contractor within the time period specified in Section 4.0 Costs and Payments of the Uniform Terms and Conditions

5.2. Joint checks or direct pay. Applicable Eligible Agency or Co-Op Buyer may, but is under no obligation to, pay by joint check or to pay directly to any Subcontractor or other creditor to whom any portion of Contractor’s requested payment is owed.

5.3. Recovery of overpayment. If applicable, Eligible Agency or Co-Op Buyer determines that an over-payment has been made to Contractor on any prior invoice, it shall inform

Contractor of the amount and date of the overpayment and may deduct the overpaid amount from amounts then or thereafter due to Contractor.

5.4. Payment to subcontractors. Contractor shall make payment of all undisputed amounts due to Subcontractors within thirty (30) days of receipt of funds from applicable Eligible Agency or Co-Op Buyer applicable to their services.

5.5. Purchasing card. Applicable Eligible Agency or Co-Op Buyer may pay invoices for some or all Orders using a purchasing card. Any and all fees related to payment using a Purchasing

Card are the responsibility of the Contractor. Unless otherwise stated in the Contract there will be no additional fees or increase in prices associated with this method of payment.

5.6. Automated clearing house. Applicable Eligible Agency or Co-Op Buyer may pay invoices for some or all Orders through an Automated Clearing House (ACH). In order to receive payments in this manner from Eligible Agencies, the Contractor must complete an ACH

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

Vendor Authorization Form (form GAO-618) within 30 (thirty) days after the effective date of the Contract. The form is available online at: https://gao.az.gov/afis/vendor-information https://gao.az.gov/afis/vendor-information https://gao.az.gov/afis/vendor-information

Special Terms and Conditions

Solicitation No. BPM004175

Tanks Services

Arizona Department of

Environmental Quality (ADEQ)

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…