Dam_Engineering_Services_BOA_(Addendum_#2_Revision).pdf

Solicitation No. 93591, Dam Engineering Services BOA

WASHINGTON SUBURBAN SANITARY COMMISSION

SOLICITATION NO. 93591

DAM ENGINEERING SERVICES BOA

Due Date and Time: Wednesday, February 18, 2026, 2:00 pm

Table Of Contents

1. INTRODUCTION

2. MINIMUM QUALIFICATIONS

3. INSTRUCTIONS TO BIDDERS/OFFERORS

4. ADDITIONAL INSTRUCTIONS TO OFFFERORS

5. INSURANCE REQUIREMENTS

6. SCOPE OF WORK

7. EVALUATION FACTORS

8. MINORITY BUSINESS ENTERPRISE (MBE) AND SMALL LOCAL BUSINESS

ENTERPRISE (SLBE) PROGRAMS

9. PRICING PROPOSAL

10. VENDOR QUESTIONNAIRE

11. ATTACHMENTS

Attachments:

A - REVISED Sample BOA Agreement

AA - Mid-Atlantic Purchasing Team Intergovernmental & Cooperative Purchasing Clause

INTRODUCTION

1. Summary

The Washington Suburban Sanitary Commission, MD (the "WSSC"), is soliciting sealed responses for Dam

Engineering Services BOA. Responses are to be submitted via WSSC's eProcurement Portal via https://procurement.opengov.com/portal/wsscwater PRIOR TO 2:00 pm on Wednesday, February 18, 2026.

Late responses will not be accepted.

Project work includes Engineering services that will be related to one or more WSSC dams.

2. Timeline

Release Project Date: January 21, 2026

Pre-Bid Meeting (Non-Mandatory): January 28, 2026, 10:00am

TEAMS

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVmZTExNzItMjAx

Yy00ZDE3LWEwMDMtMjRiYTE4YTY5

ZTRj%40thread.v2/0?context=%7b%22Tid

%22%3a%229cc7a660-3d27-4166-9503-

899e91800911%22%2c%22Oid%22%3a%2

29083ecb0-9d71-4071-99c1-

4cac940cc6a8%22%7d

Question Submission Deadline: January 30, 2026, 2:00pm

Response Submission Deadline: February 18, 2026, 2:00pm https://procurement.opengov.com/portal/accgov https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVmZTExNzItMjAxYy00ZDE3LWEwMDMtMjRiYTE4YTY5ZTRj%40thread.v2/0?context=%7b%22Tid%22%3a%229cc7a660-3d27-4166-9503-899e91800911%22%2c%22Oid%22%3a%229083ecb0-9d71-4071-99c1-4cac940cc6a8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVmZTExNzItMjAxYy00ZDE3LWEwMDMtMjRiYTE4YTY5ZTRj%40thread.v2/0?context=%7b%22Tid%22%3a%229cc7a660-3d27-4166-9503-899e91800911%22%2c%22Oid%22%3a%229083ecb0-9d71-4071-99c1-4cac940cc6a8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVmZTExNzItMjAxYy00ZDE3LWEwMDMtMjRiYTE4YTY5ZTRj%40thread.v2/0?context=%7b%22Tid%22%3a%229cc7a660-3d27-4166-9503-899e91800911%22%2c%22Oid%22%3a%229083ecb0-9d71-4071-99c1-4cac940cc6a8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVmZTExNzItMjAxYy00ZDE3LWEwMDMtMjRiYTE4YTY5ZTRj%40thread.v2/0?context=%7b%22Tid%22%3a%229cc7a660-3d27-4166-9503-899e91800911%22%2c%22Oid%22%3a%229083ecb0-9d71-4071-99c1-4cac940cc6a8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVmZTExNzItMjAxYy00ZDE3LWEwMDMtMjRiYTE4YTY5ZTRj%40thread.v2/0?context=%7b%22Tid%22%3a%229cc7a660-3d27-4166-9503-899e91800911%22%2c%22Oid%22%3a%229083ecb0-9d71-4071-99c1-4cac940cc6a8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVmZTExNzItMjAxYy00ZDE3LWEwMDMtMjRiYTE4YTY5ZTRj%40thread.v2/0?context=%7b%22Tid%22%3a%229cc7a660-3d27-4166-9503-899e91800911%22%2c%22Oid%22%3a%229083ecb0-9d71-4071-99c1-4cac940cc6a8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVmZTExNzItMjAxYy00ZDE3LWEwMDMtMjRiYTE4YTY5ZTRj%40thread.v2/0?context=%7b%22Tid%22%3a%229cc7a660-3d27-4166-9503-899e91800911%22%2c%22Oid%22%3a%229083ecb0-9d71-4071-99c1-4cac940cc6a8%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODVmZTExNzItMjAxYy00ZDE3LWEwMDMtMjRiYTE4YTY5ZTRj%40thread.v2/0?context=%7b%22Tid%22%3a%229cc7a660-3d27-4166-9503-899e91800911%22%2c%22Oid%22%3a%229083ecb0-9d71-4071-99c1-4cac940cc6a8%22%7d

MINIMUM QUALIFICATIONS

Each Offeror shall meet the following minimum qualifications to be considered for the Award:

A. The Offeror shall be in business for a minimum of ten (10) years in North America providing consulting for concrete and earth dam engineering Projects. The Consultant shall have a minimum of ten (10) years of experience in designing, inspecting, and repairing concrete and earth dams and familiar with the regulations and the policies of the Maryland Department of the Environment.

B. The Offer shall have experience in managing a minimum of three (3) consulting contracts for general engineering services of similar scope and size to this BOA for public or private organizations in the last ten (10) years.

C. The Offer's key personnel shall include at least two (2 Professional Civil Engineers registered in the State of Maryland with a minimum of fifteen (15) years of experience in design and construction of both concrete and earth dam projects. The offeror shall commit that these individuals will spend significant production time on project assignments.

D. The Offeror's key personnel shall include at least one (1) team member with ten (10) years of experience in each following areas of expertise: Design of earth dams, design of concrete dams, inspection and condition assessment of concrete dams, inspection and condition assessment of earth dams, inspection and condition assessment of steel structures, hydrologic and hydraulic analyses of dams, slope stability analysis, structural analysis of concrete and steel structures, geotechnical investigation and analysis, geotechnical instrumentation, and/or development of the maintenance and operation manuals for dams.

Submittal Requirements

A. Offeror shall provide a one-page summary of scope and services for these past similar contracts. The reference contracts must have a minimum contract value of $1,000,000. The Summary of services shall include five (5) example earth dam projects and five (5) concrete dam projects that demonstrate the firm's ability to provide the services requested in the Scope of Work. The summaries should be provided in no more than one page per project and shall include project name, location, date, brief project description, unique challenges and details of services provided.

B. Offer shall provide resumes for all key personnel.

INSTRUCTIONS TO BIDDERS/OFFERORS

1. COMPLIANCE WITH COMMISSION PROCUREMENT REGULATIONS

The Commission's Procurement Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15, are incorporated into this Solicitation and made a part of this Solicitation by reference. The Procurement

Regulations can be viewed online at https://wssc.district.codes/Code/6.15.

2. DEFINITIONS

Whenever the following words occur in these Instructions to Bidders/Offerors, they shall have the following meanings.

A. "Bidder" means any person submitting a bid in response to an invitation for bids ("IFB") or a request for quotations ("RFQ").

B. "Contract Documents" means all documents that are included, attached, or referenced in a Solicitation.

C. "Invitation for bids" ("IFB") means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

D. "Invitation for prequalification" ("IFP") means all documents, whether attached or incorporated by reference, utilized for prequalifying potential bidders.

E. "Offeror" means any person submitting a proposal to a request for proposals ("RFP") or invitation for prequalification ("IFP").

F. "Request for proposals" ("RFP") means all documents, whether attached or incorporated by reference, utilized for soliciting proposals.

G. "Responsible" means a person who has the capability in all respects to perform fully the requirements stated in the invitation for bids and request for proposals, respectively, and the integrity and reliability that will assure good faith performance.

H. "Responsive" means a person who has submitted a bid or a proposal that fully conforms to the invitation for bids or request for proposals.

I. "Solicitation" means an invitation for bids, a request for proposals, a request for quotations, an invitation for pre-qualification, or any other document issued by WSSC for the purpose of soliciting bids or proposals to perform a WSSC contract.

https://wssc.district.codes/Code/6.15

3. WSSC’S SUPPLIER PORTAL SYSTEM

Bidders/Offerors are required to register in WSSC's Supplier Portal System in accordance with WSSC Code of

Regulations, Title 6, Chapter 6.25, at the time of bid opening or proposal submission due dates. Failure to have an active supplier profile prior to this time may render the bid or proposal non-responsive. Information regarding the Supplier Portal System can be found online at https://wssc.district.codes/Code/6.25 and www.wsscwater.com.

4. EXPLANATION OF CONTRACT DOCUMENTS TO PROSPECTIVE BIDDERS/OFFERORS

Any prospective Bidder/Offeror must carefully examine the Solicitation. If a prospective Bidder/Offeror is unclear as to the meaning or intent of any of the Contract Documents included in the Solicitation, the prospective Bidder/Offeror shall request a clarification from the Procurement Office before its bid/proposal is submitted.

All questions pertaining to the Solicitation or Contract Documents shall only be submitted by a Bidder/Offeror to the Procurement Officer identified in the Solicitation via the Online Discussion feature in the Supplier Portal.

Questions submitted via email shall not be answered. Replies, where warranted, will be by addenda issued electronically to all parties who have downloaded the Solicitation. Questions received less than ten (10) days prior to the date for opening of bids or due date for receipt of proposals may not be answered. Only questions answered by formal written addenda will be binding. Questions received after this deadline may be addressed at the discretion of the Commission. Oral and other interpretations or clarifications will be without legal effect.

Any information given to a prospective Bidder/Offeror by the Commission will be furnished to all prospective

Bidders/Offerors via Online Discussion in the Supplier Portal.

Any information given to a prospective Bidder/Offeror by the Commission will be furnished to all prospective

Bidders/Offerors.

5. SECURITY CLEARANCE REQUIRED FOR ACCESS TO PLANS AND DRAWINGS

In order to receive plans and drawings related to the Solicitation, a prospective Bidder's/Offeror's representative must first be approved through a security background investigation. The Bidder's/Offeror's representative can obtain an application for a security clearance by contacting WSSC''s Procurement Office by phone, (301) 206-8288. Requests for plans and drawings can only be fulfilled for representatives having successfully completed the security investigation. Multiple representatives may gain security clearance to request plans and drawings.

Additionally, plans and drawings may be accessed through E-Builder® ASP software. A user name and password is issued by the Procurement Officer upon request. To obtain a user name and password for access, a

Bidder's/Offeror's representative must first obtain a security clearance.

6. SUBMISSION OF PROPOSALS (COMPETITIVE SEALED PROPOSALS)

A. Form And Content Of A Proposal The Solicitation will identify the required form and contents of a proposal. Failure to submit a proposal that meets the requirements of the Solicitation may lead to the proposal being deemed non-responsive or non-responsible.

https://wssc.district.codes/Code/6.25 https://www.wsscwater.com/

B. Proposal Delivery The Solicitation will identify the time and manner in which a proposal shall be delivered to the Commission. Any proposal received after the exact time for receipt will be deemed non-responsive. The proposal will not be considered for award and will be returned to the Offeror unopened.

However, an exception may be made when a late proposal would have been timely but for the action or inaction of the Commission. An Offeror assumes all risks for timely delivery of a bid.

7. ACKNOWLEDGMENT OF AMENDMENTS TO THE SOLICITATION

Each Bidder/Offeror shall acknowledge receipt of any amendment to the Solicitation in accordance with the instructions stated in the amendment or otherwise stated in the Solicitation. If a Bidder/Offeror fails to acknowledge the amendment prior to the deadline for submitting a bid or proposal, the bid or proposal may be deemed nonresponsive.

8. WITHDRAWAL OF A PROPOSAL (COMPETITIVE SEALED PROPOSALS)

An Offeror may withdraw a proposal by "Unsubmitting" their response in the eProcurement Portal. The established due date for the written notice is either the time and date stated in the Solicitation for receipt of proposals or receipt of modifications to proposals, if any; or if discussions have begun, it is the time and date by which best and final offers must be submitted.

9. MISTAKES IN PROPOSALS (COMPETITIVE SEALED PROPOSALS)

A. Mistakes in Proposals Discovered Before Proposal Opening A Offeror may correct mistakes discovered before the time and date set for proposal opening by withdrawing or correcting the proposal.

B. Mistakes Discovered After Receipt of Proposals But Before Award

i. During Discussions - Prior to Best and Final Offers. Once discussions are commenced with any offeror or after best and final offers are requested, any offeror may freely correct any mistake by modifying or withdrawing the proposal until the time and date set for receipt of best and final offers.

ii. After Best and Final Offers. If discussions are not held or if the best and final offers upon which award will be made have been received, mistakes may be corrected, and the intended correct offer considered only if:

1. The mistake and the intended correct offer are clearly evident on the face of the proposal, in which event the proposal may not be withdrawn; or

2. The mistake is not clearly evident on the face of the proposal, but the offeror submits objective evidence which clearly and convincingly demonstrates both the existence of a mistake and the intended correct offer, and such correction would not be contrary to the fair and equal treatment of other offerors.

iii. Withdrawal of Proposals. If discussions are not held, or if the best and final offers upon which award will be made have been received, the offeror may be permitted to withdraw the proposal if:

1. The mistake is clearly evident on the face of the proposal and the intended correct offer is not;

2. The offeror submits objective evidence which clearly and convincingly demonstrates that a mistake was made but does not demonstrate the intended correct offer; or

3. The offeror submits objective evidence which clearly and convincingly demonstrates the intended correct offer, but to allow correction would be contrary to the fair and equal treatment of the other offerors.

10. BIDDER/OFFEROR QUALIFICATIONS

A. Performance Capability A Bidder/Offeror shall be responsible and have the capability to properly perform the work described in the Contract Documents, and shall have the necessary expertise, manpower, equipment, capacity and sufficient financial resources to execute the work described in the Contract

Documents properly within the time specified.

The Commission, at its discretion, may make such investigations it deems necessary to determine the ability of a

Bidder/Offeror to perform the work described in the Contract Documents, and the Bidder/Offeror shall furnish to the

Commission such information and data for this purpose as the Commission may request. The Commission may visit any prospective Contractor's place of business, contracts in progress, or contact persons knowledgeable of the

Bidder/Offeror's background to determine its ability, capacity, reliability, financial stability, or other factors necessary to perform the work described in the Contract Documents in a manner satisfactory to the Commission.

The Commission may determine a Bidder/Offeror non-responsible if the Commission determines the Bidder/Offeror does not have the capability, integrity, or reliability to perform the work described in the Contract Documents.

11. BONDS AND INSURANCE

The Bidder/Offer to whom a contract is recommended for award shall submit any required bonds and insurance documents to the Procurement Office in accordance with the Procurement Office's instructions. Failure to submit the required documentation within the time period specified may be cause for deeming the bid or proposal non-responsible.

12. PROTESTS

Any protest concerning the Solicitation shall be decided by the Chief Procurement Officer in accordance with Procurement

Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15.550.

A. Right To Protest Any actual or prospective Bidder or Offeror who is aggrieved in connection with a Solicitation or an award of a Contract may protest to the Chief Procurement Officer. The protest shall be in writing and filed with the Office of the Chief Procurement Officer within seven (7) days after such aggrieved person knows or should have known of the facts giving rise to the protest. A protest shall be considered untimely if it is not received by the Office of the Chief

Procurement Officer within the time period stated above. A Bidder or Offeror is aggrieved only if the Bidder or Offeror can demonstrate that, should the protest be sustained, the Bidder or Offeror may be eligible for the award.

B. Form Of Protest The written protest shall include, at a minimum, the following: (a) name and address of the protestor,

(2) Solicitation or Contract number, (3) statement of reasons for the protest, and (4) supporting exhibits, evidence, or documents to substantiate any claims.

C. Filing Fee The filing fee for a protest is ONE THOUSAND DOLLARS ($1,000.00). The filing fee shall be paid in the form of a check payable to the Washington Suburban Sanitary Commission. If the protest is sustained by the Chief

Procurement Officer, the protester will be entitled to a refund of the filing fee. A PROTEST SHALL BE

CONSIDERED UNTIMELY IF THE FILING FEE IS NOT RECEIVED BY THE PROCUREMENT OFFICE

WITHIN THE TIME LIMITATIONS TO FILE A PROTEST.

D. Authority To Resolve Protests The Chief Procurement Officer, after consultation with the General Counsel's Office, shall have the authority, before the commencement of an action in court concerning the controversy, to settle and resolve a protest of an aggrieved Bidder or Offeror concerning the Solicitation or award of a contract.

E. Award Of A Contract During A Protest In the event of a timely protest, the Commission shall not proceed further with a Solicitation or with the award of a contract until after a written decision on the protest has been issued by the

Chief Procurement Officer, unless the Chief Procurement Officer, after consultation with the General Counsel's Office and the appropriate using department, determines in writing that awarding a contract without delay is necessary to protect the interests of the Commission.

F. Final Decision If the protest is not resolved by mutual agreement, the Chief Procurement Officer must adjudicate the protest on the record and issue a final written decision within twenty-one (21) days of receiving the protest. The decision must: (a) state the reasons for the action taken and (2) inform the Bidder or Offeror of its right to appeal the written decision.

G. Appeal To Court The aggrieved Bidder or Offeror may appeal the written decision of the Chief Procurement Officer to the Circuit Court for Montgomery County or the Circuit Court for Prince George's County under the Maryland Rules governing administrative mandamus actions.

H. Entitlement To Bid Preparation Costs If a protest is sustained by the Chief Procurement Officer and the protesting

Bidder or Offeror should have been, but was not, awarded the contract under the Solicitation, the aggrieved Bidder or

Offeror shall be entitled to the reasonable costs incurred in connection with the Solicitation, including bid preparation costs. The aggrieved Bidder or Offeror shall not be entitled to recover any attorneys' fees incurred in connection with the Solicitation or protest.

13. SOLICITATION CANCELLATION

A Solicitation may be canceled, or any or all bids or proposals may be rejected in whole or in part when the Chief Procurement

Officer deems it to be in the best interests of WSSC. Notice of such a decision must be made in writing and provided to all bidders or offerors.

14. CONTRACT AWARD

A. Construction Contracts or Design/Build Contracts (Competitive Sealed Bidding) Contracts for construction or design/build using a competitive sealed bidding procurement will be awarded in accordance with MD. Code Ann., Pub. Util. § 20-105(b).

B. Construction Contracts or Design/Build Contracts (Competitive Sealed Proposals) Contracts for construction or design/build using a competitive sealed proposals procurement will be awarded in accordance with MD. Code Ann., Pub. Util. § 20-105(c).

C. Other Contracts (Competitive Sealed Bidding) Contracts that are not for construction or design/build using a competitive sealed bidding procurement will be awarded in accordance with Procurement

Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15.310.

D. Other Contracts (Competitive Sealed Proposals) Contracts that are not for construction or design/build using a competitive sealed proposals procurement will be awarded in accordance with

Procurement Regulations, WSSC Code of Regulations, Title 6, Chapter 6.15.320.

15. EXECUTION AND ACCEPTANCE OF A CONTRACT

A contract shall not be considered accepted by the Commission and binding upon the Commission until (1) a contract has been executed by the Chief Procurement Officer or an authorized designee acting within the scope of his/her authority and (2) a Notice to Proceed has been issued.

The Commission reserves the right to cancel a recommended award of a contract without liability to the Commission at any time prior to (1) a Contract being executed by the Chief Procurement Officer or an authorized designee acting within the scope of his/her authority or (2) a Notice to Proceed being issued. Upon cancelling a recommended award, a recommended award may then be made to the next ranked responsive and responsible Bidder/Offeror or the Solicitation may be cancelled and re-advertised.

Failure by a Bidder/Offeror to execute a contract, submit such other documents as required by the

Contract Documents, or file acceptable insurance and bonds within the time directed shall be just cause for canceling the recommended award. Upon cancelling a recommended award, a recommended award may then be made to the next ranked responsive and responsible Bidder/Offeror or the Solicitation may be cancelled and re-advertised.

Subcontract plans must be entered and approved in the web-based compliance system in accordance with the Commission's directives. Failure by a Bidder/Offeror to comply with such directives shall be just cause for canceling a recommended award. Upon cancelling a recommended award, a recommended award may then be made to the next ranked responsive and responsible Bidder/Offeror or the Solicitation may be cancelled and readvertised.

A Notice to Proceed will be issued after (1) a contract has been executed by the Chief Procurement Officer or an authorized designee acting within the scope of his/her authority, (2) upon receipt and acceptance by the

Commission of a Bidder's/Offeror's insurance, bonds, any other designated documents, (3) upon verification of entry and acceptance of subcontracting plans in the web-based compliance system, and (4) upon approval of background investigations of employees to work on Commission property. The Notice to Proceed represents the final document required before a contract shall be considered accepted by the Commission and binding upon the

Commission.

16. MARYLAND PUBLIC INFORMATION ACT NOTICE

The Commission is subject to the Maryland Public Information Act. Bidders and Offerors are strongly encouraged to specifically identify those portions of their bids or proposals, if any, which they deem to contain protected trade secrets, confidential commercial information, confidential financial information, or confidential geological or geophysical information pursuant to Md. Code Ann., General Provisions, §§ 4-335 and 4-336.

ADDITIONAL INSTRUCTIONS TO OFFFERORS

This Solicitation shall be conducted in accordance with the Commission’s or WSSC Water Procurement

Regulations: WSSC Water Code of Regulations, Title 6 Ch. 6.15. The following instructions are in addition to those contained in the Instructions to Bidders/Offerors included in the Solicitation.

1. PROPOSAL SUBMISSION

A. Submission

1. Only one Proposal may be submitted by an Offeror.

2. The Technical and Price Proposal shall be submitted via the eProcurement Portal at https://procurement.opengov.com/portal/wsscwater.

3. Proposals submitted in any form other than as specified herein may be deemed non-responsive and will not be considered for award. Oral and telegraphic proposals, including e-mail submissions, are considered invalid and will not be accepted or considered for award.

4. Proposals shall be concise, yet sufficiently comprehensive to set forth the Offeror’s understanding of the required services. Proposals must be organized to the structure described in these instructions to

Offerors.

2. EVALUATION FACTORS

All Proposals will be evaluated in accordance with WSSC Procurement Regulation §4-203, Competitive Sealed

Proposals. Accordingly, Offerors must note that a number of factors will be considered by WSSC in making an award. Price will not be the sole determining criterion.

Evaluation Factors

Firm's Experience 30%

Key Personnel 35%

Technical Approach 20%

Pricing 15%

3. PROPOSAL EVALUATION

A. Technical Proposals received will be evaluated by the Evaluation Committee based on the Offeror’s qualifications as described in the proposal.

B. Proposals that do not meet the minimum requirements as stated in the Solicitation, or which are deemed non-responsive or non-responsible, will not be evaluated.

C. Shortlisting / Competitive Range – WSSC reserves the right, after the initial technical evaluation, to establish a competitive range and shortlist the highest-rated offerors for further consideration. Only shortlisted offerors’ price proposals will be opened and evaluated.

https://procurement.opengov.com/portal/wsscwater

1. WSSC may conduct discussions and request Best and Final Offers (BAFOs) from shortlisted offerors and may make an award without discussions. Inclusion on a shortlist does not guarantee an award. WSSC may adjust the competitive range, reject any or all proposals, or cancel the solicitation at its sole discretion.

D. Price Proposals selected to proceed to the next phase will be opened and evaluated. Price proposals that are not selected to advance to the next phase will be unopened.

E. Once the Evaluation Committee has completed its review, the results of the Technical Proposals and the

Price Proposals will be combined for a final evaluation.

F. Offerors may be required to give an Oral Presentation to further address their Technical Proposal.

G. The proposal(s) deemed most advantageous to WSSC, taking into consideration the evaluation outlined in the Request for Proposal, will be recommended for award.

H. If two (2) or more proposals are equally ranked, WSSC reserves the right to select the proposal deemed most advantageous to WSSC by the Evaluation team.

I. The WSSC reserves the right to award this Contract based on Proposals received with or without further discussion or negotiation.

J. Offerors may be asked to submit Best and Final Offers (BAFO) after the price proposals have been opened.

K. All Offerors will be notified by the WSSC of the final awardee(s).

4. TECHNICAL PROPOSAL

The Technical Proposal must demonstrate the Minimum Qualifications of the Solicitation.

The Technical Proposal shall be no more than 50 single-sided pages in length (exclusive of the documentation required in Tabs 4, 5 and 6 below) including key personnel resumes, exhibits, appendices, attachments, required documentation and forms required to be submitted with the Proposal. Electronic copies shall be bookmarked to enable easy navigation of the pdf documents.

The Technical Proposal must clearly demonstrate the minimum qualifications. Proposals shall be page numbered, tabbed into the specified sections. The evaluation will be based on the following criteria:

TAB 1: Firm Experience

The evaluation of the Firm’s Experience will consider the qualifications and past performance of the Offeror and, where applicable, the Offeror’s Team, which includes both the Offeror and any Subconsultants. For the purposes of this section, the term “Offeror” refers specifically to the Prime Consultant and the experience that must be demonstrated by that entity. The Offeror must have been in continuous operation for at least ten (10) years in North America providing consulting services related to concrete and earth dam engineering and must demonstrate the ability to self-perform at least fifty-one percent (51%) of the work required under this Contract.

If the Offeror is a Joint Venture, the Joint Venture must have been formally established prior to the bid date and must demonstrate successful completion of projects as a Joint Venture entity.

The Offeror shall demonstrate a minimum of ten (10) years of experience delivering projects involving the design of earth and concrete dams; inspection and condition assessment of dam structures; hydrologic and hydraulic analyses; dam failure mode analyses; structural analysis and design of concrete and steel structures; concrete crack monitoring and mapping; geotechnical investigations, analyses, and instrumentation; material testing; and dam maintenance, operation, and monitoring, including the development of monitoring documentation. The

Offeror must also demonstrate experience preparing permit applications for dam repair and modification projects and familiarity with the regulations and policies of the Maryland Department of the Environment. Evaluation will emphasize the similarity of past projects to the scope and complexity of this solicitation, as well as the demonstrated quality, accuracy, and timeliness of past work.

The Offeror shall provide summary of services completed for five (5) example earth dam projects and five (5) concrete dam projects that demonstrate the firm’s ability to provide the services requested in the SOW. The summaries shall be provided in no more than one page per project and shall include project name, location, date, brief project description, unique challenges and details of services provided.

Additionally, the Offeror must demonstrate experience managing at least three (3) consulting Contracts for general engineering services of comparable scope and size to this Basic Ordering Agreement (BOA) within the past ten (10) years for public or private organizations.

The Offeror shall provide a one-page summary of scope, services and references for these past similar Contracts.

The reference Contracts must have a minimum Contract value of $1,000,000.

The Proposer shall submit a list of at least three (3) satisfactory references, utilizing the Reference Form (Vendor

Questionnaire), including the company name, name of point of contact, telephone number, and email address of a contact person who has first-hand knowledge of the Offeror’s performance for each reference, at time of bid.

These references shall be for projects/jobs that are completed within the last five (5) years and are similar in scope to the work to be performed under this contract. Each reference must include a brief description of the work tasks and quantities of work performed.

TAB 2: Key Personnel

This factor evaluates all proposed key team members and their professional work history in their respective areas of expertise. Merit will be based on the depth and relevance of each individual’s experience as it relates to the scope of work defined in this solicitation. Preference will be given to teams whose key personnel have successfully worked together on similar projects, as well as teams whose personnel have demonstrated successful performance on comparable assignments within the mid-Atlantic region. This factor will also consider each individual’s current workload on active WSSC Contracts and the Offeror’s plan for ensuring that personnel can effectively manage multiple concurrent WSSC assignments.

The Offeror’s team must include at least two (2) Professional Civil Engineers registered in the State of Maryland, each with a minimum of ten (10) years of experience in the design and construction of both concrete and earth dam projects. The Offeror shall commit that these individuals will dedicate significant production time to project assignments. In addition, the Offeror’s team must include at least one (1) team member with a minimum of ten

(10) years of experience in each of the following areas: design of concrete dams; inspection and condition assessment of concrete dams; inspection and condition assessment of earth dams; inspection and condition assessment of steel structures; hydrologic and hydraulic analyses of dams; slope stability analysis; structural analysis of concrete and steel structures; geotechnical investigation and analysis; geotechnical instrumentation;

and development of maintenance and operation manuals for dams.

The Offeror shall provide a complete list of all personnel who will perform work for the Commission, including but not limited to all designated Key Personnel. A résumé shall be submitted for each individual, identifying their role or title, years of relevant experience, certifications, and qualifications. Each résumé shall also include two

(2) references with contact information and clearly outline the individual’s years of experience. All personnel listed in the Labor Rate Price Schedule must have a minimum of five (5) years of experience in their respective areas of expertise unless otherwise specified.

TAB 3: Technical Approach

This factor evaluates the Offeror’s overall technical approach to completing all items within the scope of work.

The assessment will consider how effectively the Offeror identifies potential problems and challenges and proposes practical, well-reasoned solutions. The proposed approach and methodology must clearly demonstrate how the Offeror will complete the work within established time and budget constraints and must include a comprehensive QA/QC plan and a Communications Plan. Merit will be assigned based on the completeness, clarity, and depth of the proposed technical approach, with additional consideration given to innovative methods or strategies that enhance project delivery. Preference will be given to teams in which the Offeror and its

Subconsultants have a proven history of successfully working together on similar assignments. The evaluation will also consider the current workload of both the Offeror and Subconsultants, including active WSSC Contracts, and the Offeror’s plan for managing multiple concurrent WSSC assignments.

TAB 4: Appendix C forms (please refer to the vendor questionnaire).

The following forms are located in Appendix C.

• Certified Insurance Confirmation

• Consent to Use of Electronic Signature

• Contract Certification Affidavit

• Consultant Conflict of Interest Affidavit

• Iran Investment Certification

• Statement of Offeror’s Qualification Form

• References

TAB 5: OSDI Participation (please refer to the vendor questionnaire).

Provide all forms required in Appendix A of the Solicitation.

1. OSDI Subcontracting and Supplier Certification for Professional Services, Goods and Services and

Construction. Ensure that each subcontracting participation certificate includes a percentage of work to be completed by the subcontractor.

2. Non-Discrimination Declaration.

3. Good Faith Efforts Affidavit.

5. PRICE PROPOSAL

Price proposal will be evaluated for best value

A. Offeror shall provide a price for proposed labor rates in the PRICING PROPOSAL section and submit separately form the Technical Proposal. The labor rate shall be firm for the duration of the Contract.

6. BASIS OF AWARD

A. Award shall be made to responsible Offeror(s) submitting the proposal that has been determined to be the most advantages to the WSSC, considering evaluation factors set forth in this RFP.

B. The Contract has the option to award up to (2) awardees. The WSSC reserves the right to award to additional firms, in order to meet the needs of WSSC.

https://procurement.opengov.com/portal/wsscwater/projects/227556/document?section=2151181

INSURANCE REQUIREMENTS

1. INSURANCE

The Contractor shall be required to maintain insurance for the term of this Contract as specified in the "Insurance

Requirements" Section herein. The Certificate of Insurance and Endorsements shall be submitted to the Contract

Administrator within 10 days after receipt of the Notice of Award. All insurance required by this Appendix B must be maintained during the entire term of the contract, including any renewal or extension terms, until all work has been completed. Also, certain coverages must be continued following completion of the work as shown in the section B.

The Contractor shall instruct an insurance broker or agent to provide the Washington Suburban Sanitary

Commissiona certificate of insurance and endorsements, i.e. additional insured, waiver of subrogation, attesting to the issuance of insurance policies affording coverage as required and listed in B below. Please note that such certificate of insurance and endorsements along with any required bonds must be issued and then approved by the Washington Suburban Sanitary Commission prior to the issuance ofa Notice to Proceed by the Contract

Administrator. The following requirements apply to all work under the contract. To the extent permitted by applicable law, the Washington Suburban Sanitary Commission reserves the right to adjust or waive any insurance or bonding requirements contained in this Appendix B and applicable to the contract.

The Contractor shall not allow any subcontractor to start work on any subcontract until all insurance required of the subcontractor has been obtained and approved by the Contractor. The Contractor shall require all subcontractors to maintain workers compensation and employers liability, business auto liability, commercial general liability and any other applicable coverage in the same manner as specified for the Contractor.

2. TYPES OF COVERAGE

The Contractor shall provide and keep in full force the insurance noted in the coverage section as minimum liability limits and mandatory coverage during the term of this Contract.

3. ADDITIONAL INSURED

The Commission, its agents and employees shall be included as additional insured(s) in the Commercial General

Liability insurance policy. Coverage for the Commission its agents and employees shall apply for defense of claims and damages for injury to persons, including bodily injury, death or any form of personal or advertising injury, or property damage arising out of or resulting from the performance of the work or product, whether caused or alleged to be caused in whole or in part by any negligent act or omission of the Contractor, or any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them or the Commission or its agents or employees may be liable. See below for acceptable forms. The multiple forms combination shown below, or their equivalent, shall be provided by Contractors performing work for the

Commission that would be considered your work as defined in ISO form CG 0001. Other contractors or vendors shall provide additional insured status per form CG 2010 or its equivalent. The additional insured endorsement(s) must be attached to the certificate of insurance in order to effectuate additional insured status in accordance with the Washington Suburban Sanitary Commission contractual requirements. This endorsement requirement does not apply so long as the contractor and broker/agent warrant that there isa blanket additional insured provision included in the insurance policy.

Special Note: The following combinations of ISO forms, or their equivalent, shall be acceptable:

• CG 2010 entitled "Additional Insured - Owners, Lessees or Contractors — Scheduled Person or

Organization" and CG 2037 entitled "Additional Insured - Owners, Lessees or Contractors — Completed

Operations"; OR

• CG 2033 entitled "Additional Insured - Owners, Lessees or Contractors - Automatic Status When

Required in Construction Agreement With You" and CG 2037 entitled "Additional Insured - Owners, Lessees or Contractors — Completed Operations".

4. SUBROGATION

The Workers Compensation and Business Auto policy must each provide for a waiver of subrogation in favor of the Commission, its agents and employees. The waiver of subrogation endorsement must be attached to the certificate of insurance in order to effectuate waiver of subrogation in accordance with the Washington Suburban

Sanitary Commission contractual requirements. This endorsement requirement does not apply so long as the contractor and broker/agent warrant that there isa blanket waiver of subrogation included in the insurance policy provisions.

5. PREMIUM PAYMENTS, DEDUCTIBLES/RETENTIONS, AND COMMISSION ACCEPTANCE

The premium to be expended for all of the above-referenced policies of insurance and bonds shall be paid by the

Contractor. Payment of any deductibles or self-insured retentions applying under any policies shall be the responsibility of the Contractor. The policies of insurance, certificates of insurance and the insurance company or insurance companies issuing such bonds or policies of insurance must be acceptable to the Commission. All companies providing such coverage, for all contracts, regardless of size, must be allowed to conduct and transact insurance business in the State of Maryland.

6. DESIGNATION AS TO APPLICABILITY

All certificates of insurance and applicable endorsements must be issued indicating a specific Contract number or to all work contract numbers performed by the Contractor for the Washington Suburban Sanitary

Commission.

7. CLAIMS MADE LIABILITY INSURANCE

If any liability insurance purchased by the Contractor has been issued on a "claims made" basis, the Contractor must comply with the following additional conditions. The limits of liability and the extensions as described in section 1 B, remain the same. The Contractor must either:

i. Agree to provide certificates of insurance evidencing the above coverages for a period of three years after final payment for the contract. Such certificates shall evidence a retroactive date, no later than the beginning of the Contractors or subcontractors' work under this contract, or

ii. Purchase an extended (minimum three years) reporting period endorsement for the policy or policies in force during the term of this contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself.

8. NOTIFICATION OF CANCELLATION OR NON-RENEWAL

A minimum of thirty days written notification must be given by an insurer of any alteration, material change or cancellation or non-renewal of any insurance required under this Contract. Such required notification must be sent via Registered or Certified Mail to the address indicated below:

Washington Suburban Sanitary Commission

Procurement Office, 8th Floor

14501 Sweitzer Lane

Laurel, Maryland 20707-5902.

9. COMPLIANCE

Contractor's failure to comply with all insurance and bonding requirements set forth in this Appendix B and applicable to the contract will not relieve the Contractor from any liability under the contract. Contractor's obligations to comply with all insurance and bonding requirements set forth in Appendix B and applicable to the contract will not be construed to conflict with or limit Contractor's indemnification obligations under the contract.

10. ARCHITECTURAL & ENGINEERING DESIGN

("X" EQUALS MANDATORY)

Coverage Required Limits (Figures Denote Minimums)

[X]1.Worker's Compensation & Employer's

Liability

Statutory workers compensation $500,000 accident, $500,000 disease, $500,000 policy limit disease

[X]2. Commercial General Liability

Occurrence form, including but not limited to the below

A. General aggregate applies per project

B. Premises/Operations

C. Independent Contractors

D. Products/Completed Operations (to apply for two years following termination of contract)

E. Contractual Liability

F. Personal Injury Liability

G. Any XCU exclusions removed

Items B. and E. require a $1,000,000 single limit for bodily injury and property damage each occurrence with a $2,000,000 general aggregate that applies to project under contract, and a separate $2,000,000 aggregate for products/completed operations.

$1,000,000 each offence for Item F.

[ ]3. Business Auto Liability

A. All Owned, Hired & Non-owned

B. Motor Carrier Act Endorsement

$1,000,000 Bodily Injury & Property Damage liability each accident

[X]4. Umbrella Liability $1,000,000 BI, PD, & Personal Injury

[ ]5. Pollution Liability $1,000,000 each claim and aggregate

[X]6. Errors or Omissions Liability $1,000,000 each claim and aggregate

[ ]7. Employee Dishonesty Coverage $________ Limit of Insurance

[ ]8. Builder's Risk Insurable Value = ____% of the Contract Value

[ ]9. Installation Floater Insurable Value = ____% of the Contract Value

Other Insurance Required:

A&E DESIGN COVERAGE AND BOND REQUIREMENTS

(auto coverage may be required if working in the field)

SCOPE OF WORK

1. Scope of Work

The work under this contract will be issued by definitively written task orders. The selected Consultants shall perform duties specified in an individual task order under the direction of and to the satisfaction of the WSSC's

Task Manager or his/her designated representative. The Consultants shall be responsible for providing all engineering, labor, parts, materials, services, and equipment necessary to complete all aspects of the scope of the task. Offerors must demonstrate specific expertise, a strong background, and satisfactory experience in providing engineering services stipulated in this document for various dam engineering tasks.

The engineering services will consist of a number of project assignments. The work assignments may be related to one or multiple dams owned by WSSC.

All work shall be in general conformance with latest versions of the following: WSSC’s regulatory documents

(design manuals, specifications, guidelines, etc.), federal and state dam design, maintenance, and operation manuals, standards, and guidelines, and other applicable industry standards, Montgomery and Prince George’s

Counties standards and manuals, and Maryland Department of the Environment (MDE) policies/regulations.

The Consultants is responsible for performing all engineering services necessary to assure that proper coordination of the activities of all parties involved in accomplishing tasks; to maintain complete, accurate records of all activities and events relating to tasks; to properly document all significant changes to tasks; to provide interpretations of any task related plans, specifications and contract provisions; to make recommendations to

EESD to resolve disputes which arise in relation to related tasks; and to maintain an adequate level of oversight of task activities. Interested firms and sub-contractors must demonstrate satisfactory experience and expertise in some or all of the following services:

A. Engineering Analysis Services

The Consultants may be required to provide a project manager and team of experts and engineers who have analysis, design, inspect, and/or evaluate the types of the Dams owned by WSSC. The Consultants shall provide and oversee technical engineering analysis and design services at different levels (such as concept, planning, and detailed design, detailed engineering analysis, numerical modeling) for hydrologic and hydraulic, civil, geotechnical, structural, mechanical, electrical, environmental, and system controls. Example tasks may include:

• Hydrologic and hydraulic analyses of dams

• Earth dam slope stability analyses

• Structural analysis of the concrete dam and its components

• Dam failure mode analyses

• Seepage analysis

• Spillway erodibility analysis

• Mechanical analysis of the operation systems for swing gates, under sluice gates, valves, etc.

B. Design Services

The Consultants may be required to perform design to upgrade dams or its components, create special details for repairing defects (such as settlement, seepage, cracks, spalls, deteriorated concrete, rusted steel members), or modify existing structural components.

C. Dam Inspection Services

The Consultants may be required to perform the inspection and condition assessment of the Dams, their structural components, and other associated facilities when needed. Example tasks may include the following:

• Inspection and condition assessment of concrete dams

• Inspection and condition assessment of the earth dam or embankment

• Inspection and condition assessment of the tunnel

• Inspection and condition assessment of water intake structures

• Inspection and condition assessment of penstocks

• Inspection and condition assessment of swing gates or under sluice gates

• Inspection and condition assessment of the underwater portion of the Dams

• Inspection of dam monitoring instruments

D. Dam Monitoring Services

The Consultants may be required to monitor dams or their components for deformations, movements, cracks, seepage, stress, strain, or other issues using monitoring instruments.

E. Concrete Crack Monitoring and Mapping

The Consultants may be required to monitor the existing cracks in the concrete dams visually or using instruments and to map the existing cracks manually or using crack mapping techniques, such as photography, laser scanning, etc.

F. Manuals and Standard Developments

The Consultants may be required to update, modify, or develop new guidelines, manuals, standard operating procedures, and other guidance documents for the maintenance, operation, monitoring, and inspection of the

Dams and their reservoirs.

G. Specification Developments

The Consultants may be required to develop new specifications or revise existing specifications to the current industry standard.

H. Technical Evaluations

The Consultants may be required to conduct technical study, evaluation, and testing to support the application of new products and materials, investigate the properties of the existing materials, such as the…