DEP.RFR.BWSC.ERIRA.2017.14.prebid.conf.ppt.7.11.17.docx.ppt

RFR:DEP-BWSC-ERIRA-2017-14 COMMBUYS Bid #: BD-17-1045-BWSC0-BWSC1-15649 C Emergency Response / Immediate Response Action Support Services Contract

BIDDERS’ CONFERENCE

May 24, 2017 MassDEP Central Regional Office Worcester, MA

Executive Office of Energy and Environmental Affairs Massachusetts Department of Environmental Protection

BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

Opening Information / Agenda Be sure to sign-in, include e-mail address.

Emergency exit locations.

Rest room location.

Please silence cell phones/other devices

All questions must be written on the index cards provided. Please hold questions until the Q&A session at the end.

[ This presentation and Q&A will be posted on COMMBUYS.]

PRE-PROPOSAL CONFERENCE AGENDA

1. Introduction

3. Terms &Conditions (highlights)

4. Submittal

5. Questions & Preliminary Answers

2. Scope of Services

INTRODUCTION

Topics

RFR & Updates on COMMBUYS

The RFR, amendments & other info will be posted on the COMMBUYS website, which is the only place for official postings.

Therefore, frequently check COMMBUYS for updates.

Directions to access the solicitation on COMMBUYS on the web are provided at the end of the PowerPoint slides.

Purpose of the Procurement

To select qualified firms having multi-disciplinary capabilities and expertise in environmental cleanup services for:

Emergency Responses (ER) Immediate Removal Actions (IRA) Other Env. Site Remediation Services

Contract Duration & Bid Options

Contract Duration:

Bid Options- can select one of these options:

Estimated Contract Value

Value of seven year ER/IRA program:

$ 10 million (estimated)

No guarantee of work will result from this Solicitation for any Contractor.

Past spending is not an indicator of potential spending under this Contact.

Procurement Schedule *This is the amended schedule as posted on COMMBUYS on June 6, 2017

Rules for Contacting MassDEP during the Procurement

Contact/discussion with MassDEP other than as specified in the RFR is strictly prohibited.

If such a discussion(s) occurs during the procurement, your company will likely be disqualified from an award.

Goals for Selecting Contractors Strong management & technical capabilities/experience that is responsive to clients.

Demonstrated ability to respond quickly, efficiently, and effectively.

Prices that provide best-value, defendable costs for cost recovery.

Number of Awards Multi-award procurement: MSA will provide a master list of approved contractors.

Number of awards depends on:

how many bidders meet or exceed the technical expectations, and how many of those propose competitive prices.

Current Contract Information

8 ER & IRA / 6 IRA Only / 1 ER Only

Scope of Services BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

Map of service area and MassDEP Regions

ER and IRA scope of services, how MassDEP selects a Contractor for ER and IRA work.

Other Site Support Services

Requirements for both ER and IRA

Note: Only an overview of these topics is presented herein. Bidders must review the entire RFR for all the information needed to submit their bids.

Service Area for the ER Contract BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

- Regional Office

- Boston Office

Service Area for the IRA Contract entire state for pre-planned activities

Emergency Response (ER) “Unplanned Actions” Emergency Oil Spill Cleanup & Containment.

Hazardous Materials Emergency Response.

Short-term O&M responses at spill sites.

BWSC-ERIRA-2017 Bidders’ Conference 05.24.17 Key Requirements:

Removal, Recovery, Containment, Packaging, Transport, Storage, Disposal of OHM.

BWSC-ERIRA-2017 Bidders’ Conference 05.24.17 Method of Selection after Award of MSA Contract:

MassDEP attempts to provide work to all capable, well-performing ER contractors to maintain an active and response-ready master list of available contractors.

How MassDEP selects an ER Contractor for a Specific Spill Response

Immediate Removal Actions (IRA) “Planned Actions” Limited IRA Site Assessment.

Source Area Remediation Services.

Groundwater and Soil Treatment Systems.

O&M Services at location of IRA site activities.

BWSC-ERIRA-2017 Bidders’ Conference 05.24.17 Key Requirements:

Complementary to ER, but work may be longer and is "planned" vs "unplanned".

How MassDEP selects an IRA Contractor BWSC-ERIRA-2017 Bidders’ Conference 05.24.17 Method of Selection after Award of MSA Contract:

IRA contractors are selected based on technical capability, geographic location, work distribution.

Lump Sum bids requested based on scope provided by MassDEP.

MassDEP attempts to provide work to all capable, well performing IRA contractors to maintain an active and response-ready master list.

Other site support services “Planned Actions” Landfill Repair and Rehabilitation.

Install / repair fencing and other security items.

Remove/dispose of Investigation Derived Wastes (IDW), waste, debris, sediments.

Install sub-slab depressurization systems (SSDS).

Limited asbestos containment, removal, disposal.

Install point-of-entry water treatment systems.

Perform O&M for existing treatment systems.

Requirements for both ER and IRA services Perform sampling & lab analysis of environmental media / wastes using MassDEP protocols & Compendium of Analytical Methods (CAM)

Provide a Licensed Site Professional (LSP) to ensure compliance with the MCP.

Contract Terms & Conditions

Documents that comprise the “Contract”

Statement: changes from 2012 Contract

Highlights of T&Cs from Supplemental

Conditions

Highlights of T&Cs from Payment T&Cs

Note: This presentation is only an overview of the contract T&Cs. Bidders must review the entire RFR for all the information needed to submit their bids.

Contract T&Cs The documents that comprise “the Contract” include all parts of the following documents:

The Standard Contract Form, including the instructions and Contractor Certifications.

The Commonwealth Terms and Conditions

This Request for Response, including all Attachments, Appendices, any Addenda to the RFR issued by MassDEP.

The Bidders’ Response, excluding language stricken by the Department as unacceptable.

Contract Terms & Conditions (T&Cs) Please review all documents of the Contract!

Pay particular attention to:

Insurance & Indemnification clauses

Payment terms and conditions

Contract T&Cs (highlights) Contractor as Transporter/Generator: Contractors disposing of haz wastes must sign manifests as “generator.” Contractors can not delegate the responsibility.

Compliance with all laws: Contractors shall comply with state-wide requirements, such as:

MassDOT's "annual state-wide blanket work permit"

MassDOTs Work Zone Safety Guidelines

Municipal street opening permits

Contract T&Cs Commencement of ER Services: Start work < 2 hours from the Mobilization Order (the islands < 3 hours).

Duration of ER Services: ER only to control the release that required the mobilization. ER is not for remediation once control is established.

If an ER response is needed for > 72 hours, the Contractor must notify MassDEP Contract Administrator.

Initiation of IRA T&M Support Services: Planned Activity: may require a work & cost plan, or LS bid based on a MassDEP prepared scope.

Cost Documentation for IRA Services: Must be prepared to provide MassDEP with a basis-of-cost document or documents as a condition of award of the project and/or payment of an invoice.

Contract T&Cs

PRP Employs the Contractor:

If a PRP takes over the work and employs the ER Contractor, the PRP is responsible for paying the Contractor for the entire cost for the response, not MassDEP.

Contractor and Subcontractor Personnel:

Bidders are selected for award based, in part, on the resumes of the personnel in their Response.

The Contractor is required to ensure the availability of both the Contractor's and Subcontractor's personnel presented in the proposal.

Invoicing:

Contractors are required to use MassDEP's invoice formats & provide supporting docs.

T&M projects: required proof documents are labor, equipment, lab, T&D, etc.

LS projects: proof of costs is not required w/ invoices, but must be provided if requested by MassDEP.

Invoicing- Docs Req'd for LS & T&M:

Daily Worksheets complete and signed.

Chain-of-custody forms generated for sampling and lab analysis.

Retainage: The Department may or may not apply a 10% retainage on each invoice for all or parts of the amounts claimed, pending receipt of any report, submittal or deliverable requested or required of the Contractor.

Record keeping: The Department requires contractors & subcontractors maintain a financial records, including expenditures incurred and payments / reimbursements received pursuant to this contract.

Retention time is seven (7) years starting the first day after final payment.

(reference: Commonwealth Terms &Conditions #7)

Payment Terms & Conditions (T&Cs) Compensation Methods: Contract utilizes two methods for compensating services:

ER- mainly Time & Materials (T&M) with Not-to-Exceed budgets.

IRA- mainly Lump Sum (LS) - T&M for change orders.

Payment T&Cs Rate Schedules:

Maximum allowable rates for equipment, materials & supplies are as approved by MassDEP in the Rate Schedules.

An opportunity to negotiate rates may or may not be provided during procurement. Bidders are advised to provide competitive rates in the initial Response.

Payment T&Cs Labor Rates: Unit hourly rate ($/hr) inclusive of all labor, overhead profit.

Rates apply to the base period (3 yrs).

During previous contract option years, MassDEP did not entertain increases to rates.

Payment T&Cs

ER Labor: If contractor mobilizes to site and spends < 4 hours, Contractor paid for 4 hours.

On 2nd or 3rd day, if work terminates < 3 hours, Contractor compensated for 3 hours on that day.

Payment T&Cs

ER and IRA Labor: Payment only from the point of time activity commences to the completion of the activity.

One hour labor charge allowed for off-loading waste at off-site disposal facilities.

Labor Rates

Payment T&Cs Equipment:

Category I: Equipment + Operator (e.g. vactors, backhoe, excavator, loader, dump truck) hourly and weekly rates.

mob/demob compensated on an hourly basis.

Category II: Equipment without Operator (e.g. frac tank, roll-offs, pumps, generators, pressure washer) hourly, weekly and monthly rates.

mob/demob only for certain equip.

Category III: Monitoring Equipment (e.g. PIDs, FIDs, LEL O2, multi-gas detector, water level indicator) daily and weekly rates.

Equip. Rates

Payment T&Cs Rental Cost vs Purchase Price of Equipment:

MassDEP sets a ceiling on payment for rental items at the purchase price of the item over the life of the project.

The ceiling can be lifted, but requires prior written approval by the MassDEP Contract Administrator.

Payment T&Cs Equip. Purchased for MassDEP Ownership: Contractor may purchase equipment for MassDEP ownership. Purchase req'ts in the Payment T&C's.

Markup on Equipment: No markup is allowed on equip. in the Rate Schedule.

Maximum markup of 5% is allowed on costs for rented, leased, purchased equipment, but only with receipts.

Payment T&Cs Materials and Supplies: Goods that are consumed or expended during use and are not designed for significant reuse.

The T&Cs for materials & supplies are similar to those for equipment.

MassDEP may retain some or all materials and supplies not used but paid for by MassDEP.

Mat’ls Rates

Payment T&Cs Disposal Costs: Disposal costs will be paid according to the rates approved in the Rate Schedule. If rate not provided, cost + 5%.

Bidders may identify a number of disposal facilities to obtain prices. For an emergency, MassDEP may require use of the one closest to the site. In that case, the disposal costs may be negotiated.

Disposal Rates

Laboratory:

Contractors must have working relationship with laboratory(s)- demonstrate in proposal

Lab analysis must be compliant with MADEP Compendium of Analytical Methods (CAM) and other QA/QC guidelines.

Goal- analytical data that can be relied upon for making informed decisions

Payment T&Cs

Laboratory:

Maximum markup of 5% may be allowed.

Submittal of the Chain-of-Custodies & Lab invoices are a pre-condition for payment to the Contractor.

Payment T&Cs

Payment T&Cs MassDEP Equipment Repair:

MassDEP has environmental monitoring equipment that requires maintenance, calibration and repair on occasion.

MassDEP is requesting that bidders identify an equipment repair subcontractor. MassDEP will pay cost + 5%.

Payment T&Cs Other Reimbursable Costs: Costs will be compensated with proof of expenditure (e.g. receipts, invoices) for required expenses. Examples include the following:

COMMBUYS

COMMBUYS = Commonwealth’s web-based electronic procurement and purchasing system

Web URL = http://www.commbuys.com/bso

NEED HELP FOR COMMBUYS?

Contact Help Desk Email: COMMBUYS@state.ma.us Phone: 888-627-8283 or 617-720-3197 8am - 5pm Monday – Friday

COMMBUYS Webpage (OSD) http://www.mass.gov/anf/budget-taxes-and-procurement/procurement-info-and-res/conduct-a-procurement/commbuys/

Old Terminology

Common (Old) Terminology Versus New COMMBUYS Terminology

BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

Commodity Codes associated with Bid (“Items” in COMMBUYS)

76-12-00 Hazardous Waste Disposal 76-13-16 Toxic Spill Cleanup 76-13-17 Oil Spill Cleanup 77-10-00 Environmental Management 77-11-00 Environmental Protection 77-12-00 Pollution Tracking and Monitoring and Rehabilitation 77-13-00 Pollutants Tracking and Monitoring and Rehabilitation Services 81-10-00 Professional Engineering Services BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

IMPORTANT COMMBUYS INFORMATION

Click on Items. Input all of your quote information. The No Bid check box will default: REMEMBER to enter a unit cost (i.e. 1) or check No Charge. A No Bid is considered a Nonresponse.

As described in this RFR Section 3.5 Compensation Structure/ Pricing, contractors will be compensated pursuant to Attachment 2, Payment Terms and Conditions and Attachment 7, ER IRA Labor and Equipment Rate Schedules, to be negotiated and finalized as part of Contract award). Click Save & Exit.

BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

THE QUOTE PACKAGE

See RFR – 7 How to Submit a Quotte The documents bidders must submit to MassDEP

THE QUOTE PACKAGE

1. COVER SHEET

(form in COMMBUYS) Select Service(s)

For ER select Region(s) Oil and/or HazMats For IRA only state-wide coverage is an option.

For IRA, no selection for Oil and/or HazMats required.

[Contractors can choose whether or not to bid specific projects under IRA and can choose to not to bid projects with HazMats if their policy is not to dispose of HazMats as a generator.]

2. Company Capabilities (no form) Purpose: Provide abilities and capabilities of the company to perform the scope of services, deliver competent and efficient work, and to be responsive to the MassDEP.

Format: No specific format, bidders may present information as they wish, use format requirements in Section 7 of the RFR.

Page Limitation: 2 pages if bidding just ER or IRA, 4 pages if bidding ER and IRA.

BWSC-ERIRA-2012 Bidders' Conference 05.22.12

3. Management Approach (no form) Purpose: Narrative describes the organizational structure and how it provides competent, responsive ER and/or IRA services.

Format: No specific outline, bidders present information as they wish, but using format requirements in Section 7.4 of the RFR.

Page Limitation: 5 pages if only bidding ER or IRA, 7 pages if proposing ER and IRA.

4. Technical Response Approach (no form) Purpose: Describes company's response to a mobilization order for ER if bidding ER. If bidding IRA, your approach to preparing a work and cost plan, how you supply manpower and equipment, and how you would manage a project in the field.

Format: No specific outline, bidders may present information as they wish, but must follow format requirements in Section 7 of the RFR.

Page Limitation: 4 pages if bidding ER or IRA, 8 pages if proposing on ER and IRA.

5. Personnel Resumes (form in COMMBUYS) Provide for 3 to 7 staff you consider important for implementing the services.

Each Resume Form is 2 pages. Do not exceed the 3 pages (fit text into space provided).

Keep work history and Relevant Projects pertinent to ER IRA Scope of Services.

6. Project Descriptions (form in COMMBUYS) Provide 5 to 10 descriptions of completed or nearly completed projects to demonstrate technical and management capabilities to perform the services.

Form is 1 page, but will expand to 2 pages. Do not exceed 2 pages per project.

7. Business Reference Form Provide 3 business references for whom you provided similar services.

Work performed within the last 3 years is preferable.

Names, addresses email, and phone #'s must be accurate. Non-response from a reference considered a negative reference.

No MassDEP staff as references.

8. ER/IRA Labor and Equipment Rate Schedules

Must be included as part of submission

Demonstrates available equipment

Opportunity to list additional equipment under “Other”

Complete form is 5 pages.

Submit “wet ink” signature copy with original proposal.

MassDEP will countersign if there is an award of the contract.

BWSC-ERIRA-2017 Bidders’ Conference 05.24.17

9. Commonwealth Std. Contract Form (form in COMMBUYS)

9. Commonwealth T&Cs (form in COMMBUYS) Form is 2 pages.

Submit “wet ink” signature copy with original proposal.

9. Prompt Payment Discount Form (form in COMMBUYS) Form is 1 page.

Submit “wet ink” signature copy with original proposal.

This is part of evaluation. Commonwealth might pay promptly for larger jobs, so make sure it is a number your firm can live with.

Other Commonwealth Forms or Plans that need to be completed are as follows:

Request for Taxpayer Identification Number &

Certification (Mass Substitute W-9) form

A Short Break Then Questions & Preliminary Answers Answers provided at this Conference are preliminary and may change.

Questions submitted after this meeting must be submitted via COMMBUYS through the Q&A function before the Question deadline in the Procurement calendar; see section 2.2 of RFR.

MassDEP answers to the questions will be posted on COMMBUYS after the close of the Q&A period as shown in the procurement schedule.