IFB 2027000002 EPA Five-Year Reviews.pdf

Hazardous Materials Waste Management Division (HMWMD)

Invitation for Bids #IFB1-2027000002 EPA Five-Year Reviews

This solicitation contains instructions governing the proposal to be submitted and the material to be included therein, mandatory requirements, which must be met to be eligible for consideration; and other requirements to be met by each proposal.

I. Project Background and Purpose Hazardous Materials and Waste Management Division (HMWMD) seeks to improve the quality of the environment and public health for the citizens of Colorado by continuously improving our efforts to ensure proper management of hazardous materials and waste.

At listed superfund Sites where waste remains in place or has not been cleaned up to Unrestricted Use/Unrestricted Access (UUUA) a review and assessment of the site is statutorily required every 5 years as required under the Federal National Contingency Plan (NCP). The Five-Year Review (FYR) ensures that the remedies employed at the listed Superfund Sites remain protective of Human Health and the Environment and are functioning as designed. EPA is unable to complete these required reviews due to recent Federal budget cuts and staff shortages.

Region 8 EPA has asked Colorado to complete these reviews by their required statutory deadlines on behalf of the EPA. This project’s goal is to ensure that Superfund remedies remain protective and provide continued health outcomes for Colorado residents and visitors.

The purpose of this Task Order is to provide support for the Environmental Protection Agency (EPA) with the development and completion of Five-Year Reviews (FYR) to assess the effectiveness and protectiveness of Remedial Actions (RAs) at various Superfund sites across EPA Region 3. This includes conducting site inspections, drafting documents, data review and providing requested support associated with EPA’s FYR process.

Under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the National Contingency Plan (NCP), the EPA is required to review remedies at Superfund sites no less than every five years where hazardous substances remain on-site above levels that allow for unrestricted use and unlimited exposure and to determine if the remedy is or will be protective of human health and the environment. Depending on the action that triggers a FYR, the review may be conducted while a remedy is under construction, ongoing, or completed.

Five-Year Review are scheduled for completion in early 2027, requiring field work to be conducted in 2026. Colorado sites scheduled under this solicitation (and statutory EPA signature deadline) are as follows:

● Lowry Landfill (1/10/2027);

● Smuggler Mountain (2/10/2027);

● Chemical Sales Co. (3/10/2027);

● Captain Jack Mill (9/26/2027);

● California Gulch (9/28/2027).

The purpose of the Invitation for Bid (IFB1) is to obtain competitive bids from qualified Bidders for the development and completion of the Five-Year Review of five (5) Superfund Sites as required by the EPA.

Solicitation Schedule of Activities

Solicitation Activity Time Date

Solicitation Published on Colorado VSS System www.colorado.gov/vss and www.bidnetdirect.com//cdphe

7/13/2026

Written Inquiry deadline. Submit all inquiries by e-mail to Kristi Gamble at

Kristi.gamble@state.co.us

2:00 PM

7/17/2026

Answers to written inquiries published on VSS www.colorado.gov/vss and www.bidnetdirect.com//cdphe

2:00 PM 7/18/2026

Bid submission deadline

2:00 PM

7/27/2026

Evaluation Period Week of 7/27/2026

Estimated Contract Effective Date

8/10/2026

II. Bid Submission:

A. Instructions

For this solicitation, vendors shall submit responses electronically via BidNet.

Refer to Exhibit A Electronic Submission Instructions.

EMAIL SUBMISSIONS WILL NOT BE ACCEPTED.

Please be advised that the Colorado Vendor Self Service (VSS) and BidNet Direct (BidNet) websites are the official sites for all Solicitation information, including Addenda and Modifications.

Though not a requirement, Bidder’s are encouraged to become a member of VSS and BidNet Direct prior to the submission deadline. Solicitations for most Colorado State Agencies (Agencies), including CDPHE, are posted on VSS. The VSS Help Desk is available Monday through Friday, 8:00 a.m. to 5:00 p.m., local time, phone, 303-866-6464 or email, VSSHelp@state.co.us.

Solicitation details posted on VSS by Agencies for goods, services, and construction are public and do not require registration to view. Should a company opt to register with VSS, it may elect to receive automatic notification in categories of interest. Additionally, there is no cost to register on VSS. However, a Bidder must have a current registration on VSS in order to be awarded under this solicitation.

In an effort to expand the potential pool of Bidders to this IFB thus providing the best value for the State, CDPHE is also posting this IFB on BidNet Direct at the link available in the Schedule of Activities or Exhibit A Electronic http://www.colorado.gov/vss http://www.bidnetdirect.com/cdphe http://www.colorado.gov/vss http://www.bidnetdirect.com/cdphe

Submission Instructions. Bidders do not need to register on BidNet or pay funds to access the solicitation.

A Bidder must have a current registration on VSS in order to be awarded under this solicitation; however, vendors do not need to be registered to view the solicitation documents. There is no cost to register on Colorado VSS. To become a registered supplier on VSS, please visit colorado.gov/vss.

B. Timeliness of Bid Submission

1. A Bid received after the submission deadline shall not be opened and shall be rejected as a late bid, unless otherwise permitted by the Procurement Official in accordance with Procurement Rule R-24-103- 201-10.

2. Responsibility for ensuring that a Bidder’s bid is received on time rests with the Bidder. Reasonably, foreseeable problems inherent in the delivery of bids are not extraordinary circumstances permitting acceptance of late bids.

II. Project Components (Term, Budget, Draft Statement of Work)

A. The anticipated start date for the project is August 10, 2026, with the contract period of August 10, 2026 to December 31, 2027. At the sole discretion of the State, the CDPHE may modify the dates of the contract.

B. The State is not responsible for any goods delivered or services performed by the awarded Bidder without a State issued Contract or Purchase Order.

C. The CDPHE budget for this project is approximately $370,000. At the sole discretion of the State, CDPHE may modify the budget, depending upon funding availability and vendor performance.

D. The draft Statement of Work describes the deliverables sought through this IFB and the scope of what the awarded Bidder will be expected to offer through the contract resulting from this IFB. The Statement of Work is intended to provide interested Bidder’s with sufficient basic information to submit a proposal. It is not intended to limit a proposal’s content or exclude any relevant or essential data.

(See Exhibit C, Draft Statement of work for more detail on each activity.)

III. Requirements

A. Accessibility Requirements All work performed as a result of this solicitation must comply with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103 (2.5), C.R.S. and 3) all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards.

B. Minimum Qualifications

In order to submit a proposal for this solicitation, the Bidder shall meet all of the requirements listed below:

1. Shall have adequate personnel with the necessary credentials and training to successfully complete the activities detailed in this IFB and in the Draft Statement of Work (Exhibit C).

2. Shall have a minimum of ten (10) years of experience completing EPA Five-Year Reviews. Experience of assigned key personnel can be combined to meet this requirement.

3. Shall have performed Five‑Year Reviews for a minimum of two (2) sites specified in this IFB.

IV. Required Submittal Documentation

All bids must include the following:

A. Bidder shall provide a brief description of their organization, including years in business, areas of expertise (specifically related to this project) and a brief overview of staff.

B. Bidder shall submit a brief narrative detailing how the organization meets each of the requirements outlined in Section III.B. above.

C. Bidder shall submit resumes of key personnel to be assigned to this project.

D. Bidder shall complete and submit Attachment 1, Vendor Information E. Bidder shall complete and submit Attachment 2, Budget Template F. Bidder shall submit a minimum of one (1) reference from a previous project, similar in scope, including contact information and position in the company, where the Offeror’s experience can be confirmed.

V. Evaluation and Award

Award will be made to the lowest responsible and responsive Bidder who meets or exceeds the above requirements and is determined to be the most advantageous to the State, with the total cost serving as the deciding factor.

This award will result in a fixed price contract.

VI. Attachments and Exhibits

Attachment 1 Vendor Information and Confirmation of Offer Form Attachment 2 Budget Template Exhibit A: Submission Instructions Exhibit B: Colorado Personal Services Contract Template Exhibit C: Draft Statement of Work

VII. Administrative Information

A. ISSUING OFFICE: This solicitation is issued for the Colorado Department of

Public Health and Environment (CDPHE) by the Purchasing Section. CDPHE

Purchasing is the SOLE point of contact concerning this solicitation. All communication must be done through the CDPHE Purchasing Department.

Contact with any other CDPHE employee regarding this procurement may result in disqualification of vendor Bid.

B. PURPOSE: This solicitation process may include reference checks, Bidder demonstrations, and Bid clarification sessions. This solicitation provides prospective Bidders with sufficient information to enable them to prepare and submit Bids for consideration to satisfy the need for expert assistance in the completion of the goals of this solicitation.

C. SCOPE: This solicitation contains instructions governing the Bid to be submitted and the material to be included therein, mandatory requirements which must be met to be eligible for consideration; and other requirements to be met by each Bid.

D. INQUIRIES: Bidders may make written inquiries via email to obtain clarification of requirements concerning this solicitation. No inquiries will be accepted after the date and time indicated in the Schedule of Activities included herein. Send all inquiries to:

Kristi Gamble Purchasing Agent

Kristi.gamble@state.co.us

Clearly identify your inquiries with:

1. IFB1-

2. TITLE:

3. The section number and paragraph number the inquiry applies to.

Response to Bidder's inquiries will be published as a modification on the VSS system and BidNet Direct. Bidders should not rely on any other statements that alter any specification or other term or condition of the solicitation.

E. PRE-PROPOSAL CONFERENCE:

N/A

F. MODIFICATION OR WITHDRAWAL OF BIDS: A Bidder may modify or withdraw its bid by written notice to the Procurement Contact prior to the established bid submission deadline. Withdrawal of a Bidder’s bid following the bid submission deadline and prior to award, may be allowed, at the State’s discretion. Withdrawal of a Bidder’s bid after award is not allowed.

Reference Procurement Rules R-24-103-201-08 and R-24-103-201-09.

G. ADDENDUM OR SUPPLEMENT TO SOLICITATION: In the event that it becomes necessary to revise any part of this solicitation, a modification will be posted on the VSS system and BidNet Direct. It shall be the responsibility of the

Bidders to regularly monitor the VSS web site and BidNet Direct for any such postings. Failure to retrieve such modifications, and include their provisions in your Bid, may result in your proposal being disqualified.

mailto:Kristi.gamble@state.co.us

H. SOLICITATION CANCELLATION:

1. In accordance with §24-103-301, C.R.S., and the related Procurement

Rules, the State may cancel this solicitation, or any and all bids may be rejected in whole or in part, without penalty, at any time before a

Contract or purchase order is executed, when it is in the best interest of the State. The reason and documentation supporting the decision to cancel the solicitation or reject bid(s) shall remain confidential for the lesser of six months or until a Contract or purchase order is awarded by the State. Reference Procurement Rule R-24-101-401-05.

2. If the solicitation is canceled after bids are received, the bids that have been opened shall be retained in the procurement record, or if unopened, they will be disposed of or returned to the Bidders upon request at the

Bidders’ expense.

I. AWARD INFORMATION:

1. Bid Evaluation and Award

a. Following determination of acceptability of goods or services, bids shall be evaluated to determine which Bidder offers the lowest cost to the State in accordance with the specifications of this solicitation.

b. Discussions with bidders (Bidders) are permitted only if there has been a mistake in bids in accordance with Procurement Rule R-24-

103-201-08.

c. In the event an evaluation based on value analysis or other cost formulas will be used, this information must be included in this solicitation.

d. A contract may not be awarded to a Bidder submitting a higher quality item than that designated in this solicitation unless such

Bidder is also the lowest bidder as determined by value analysis or life cycle cost formulas as permitted in section 24-103-202, C.R.S., and Procurement Rule R-24-103-202-02.

e. The provisions of Section 24-103-904, C.R.S., which require a preference for environmentally preferable products, apply to this solicitation. See Appendix A for additional information.

f. The award shall be made to the lowest responsible and responsive bidder (Bidder) whose bid meets the requirements and criteria set forth in this solicitation.

2. Single Bid

If only one bid is received in response to a solicitation, an award may be made to the single bidder (Bidder) if the procurement official finds that the price submitted is fair and reasonable and that other prospective

Bidders had reasonable opportunity to respond. Reference Procurement

Rule R- 24-103-201-02(d).

J. ACCEPTANCE OF SOLICITATION TERMS: A Bid submitted in response to this solicitation shall constitute a binding offer. The autographic signature of the

Bidder or an officer of the Bidder legally authorized to execute contractual obligations shall indicate acknowledgment of this condition. A submission in response to this solicitation acknowledges acceptance by the Bidder of all terms and conditions, including compensation, as set forth herein. A Bidder shall identify clearly and thoroughly any variations between its proposal and the State's solicitation. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the solicitation. The Colorado Department of Public Health and Environment (CDPHE) is not required to accept nor agree to alternate or additional terms and conditions.

K. PROTESTED SOLICITATIONS AND AWARDS: Any actual or prospective Bidder or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the State Purchasing Director or the head of a purchasing agency, as appropriate. The protest shall be submitted in writing within ten (10) business days after when such aggrieved person knows, or should have known, of the facts giving rise thereto. (Ref. Section 24-109, 101

et. seq., C.R.S., as amended; Section 24-109, 201 et. seq., C.R.S. as amended; Section R-24-109-101 through R-24-109-206, Colorado

Procurement Rules.)

L. CONFIDENTIAL / PROPRIETARY INFORMATION:

1. The State of Colorado is subject to the requirements of §24-72-200.1, C.R.S., et seq., Colorado Open Records Act.

2. A Bidder may submit, as a part of its bid, a written request for classification of certain portions of the bid as a trade secret or other confidential or proprietary information. Material for which the Bidder is requesting confidentiality shall be readily identifiable and separated from other portions of the bid to facilitate public inspection of the non-confidential portion of the bid. Commingling of confidential and non-confidential information is not acceptable. Neither price information nor any information that will be included in a resulting Contract or purchase order will be considered confidential.

3. The Bidder must include the rationale for any request to classify portions as a trade secret or confidential or proprietary, including references to the authority that allows for such treatment.

4. In no event shall an entire bid be classified as confidential. The

Purchasing Director or his or her designee shall determine if the information identified in the Bidder’s request is exempt from disclosure in accordance with §24-72-204, C.R.S. If the Bidder does not agree with the determination, the Bidder may protest the determination in accordance with article 109 of the Colorado Procurement Code and the terms of this solicitation. Reference Procurement Rule R-24-101-401-03.

5. Any additional Bidder information, which may be part of the evaluation/negotiation process and for which a Bidder claims confidentiality, is subject to the same requirements and processes identified above.

M. SOLICITATION RESPONSE MATERIAL OWNERSHIP: The State of Colorado has the right to retain the original Bid and other solicitation response materials for our files. As such, the State of Colorado may retain or dispose of all copies as is lawfully deemed appropriate. Bid materials may be reviewed by any person after the “Notice of Intent to Make an Award” has been issued, subject to the terms of Section 24-72-201 et seq., C.R.S., as amended, Public (open) Records. The State of Colorado has the right to use any or all information/material presented in reply to the solicitation, subject to limitations outlined in the Proprietary/Confidential Information clause.

Bidder expressly agrees that the State may use the materials for all lawful

State purposes, including the right to reproduce copies of the material submitted for purposes of evaluation, and to make the information available to the public in accordance with the provisions of the Public Records Act.

N. BID PRICES: Estimated Bid prices are not acceptable. Bid prices should be best and final offer, unless otherwise stated in the solicitation. The Bid price will be considered in determining the apparent successful Bidder. Bids shall be firm for a period of not less than one-hundred-twenty (120) calendar days.

O. ACCEPTANCE OF Bid CONTENT: The contents of the Bid (including persons specified to implement the project) of the successful Bidder will become contractual obligations if acquisition action ensues. Failure of the successful

Bidder to accept these obligations in a contract, purchase document, delivery order or similar acquisition instrument may result in cancellation of the award and such Bidder may be removed from future solicitations.

P. STANDARD CONTRACT: The State of Colorado will incorporate standard State contract provisions (Special Provisions) into any contract resulting from this solicitation.

Q. STATE OWNERSHIP OF CONTRACT PRODUCTS / SERVICES: All products / services produced in response to the contract resulting from this solicitation will be the sole property of the State of Colorado, unless otherwise noted in the solicitation.

R. INCURRING COSTS: The State of Colorado is not liable for any cost incurred by Bidders prior to issuance of a legally executed contract or procurement document. No property interest of any nature shall occur until a contract is awarded and signed by all concerned parties.

S. NON-DISCRIMINATION: The Bidder shall comply with all applicable state and federal laws, rules and regulations involving non-discrimination on the basis of race, color, religion, disability, sexual orientation, national origin, age or sex.

T. REJECTION OF BIDS: The State of Colorado reserves the right to reject any or all Bids received in response to this solicitation, to waive informalities and minor irregularities in proposals received, and to accept any portion of a Bid or all items proposed if deemed in the best interest of the State of Colorado.

U. VENDOR ASSISTANCE:

Any vendors needing support responding to solicitations may contact the

Colorado Supplier Diversity Navigator at the Statewide Equity Office of

Supplier Diversity. Services provided include assistance with responding to solicitations, interpretation of solicitation documents, technical assistance referrals, availability of resources, construction bond assistance through the

Construction Statewide Bond Assistance Program, and free business directory listings and verifications through the Colorado Supplier Diversity Directory.

The office can be reached during normal business hours by calling 303-866-

5765 or emailing DPA_SupplierDiversityHelp@state.co.us.

V. PARENT COMPANY: If a Bidder is owned or controlled by a parent company, the name, main office address, and parent company’s tax identification number must be provided

W. NEWS RELEASES: No news releases pertaining to this solicitation shall be made prior to execution of the contract without prior written approval of

CDPHE.

X. CONTRACT CANCELLATION: CDPHE reserves the right to cancel, for cause, convenience, or lack of fiscal funding, any contract resulting from this solicitation by providing timely notice to the contractor.

Y. CERTIFICATION OF INDEPENDENT PRICE DETERMINATION:

1. By submission of this Bid, each Bidder certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, that in connection with this procurement:

a. The prices in this Bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder or with any competitor;

b. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly to any other Bidder or to any competitor; and

c. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not submit a Bid for the purpose of restricting competition.

2. Each person signing the Vendor Information / Confirmation of Offer form of this Bid certifies that:

a. He is the person in the Bidder's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above; or

b. He is not the person in the Bidder's organization responsible within that organization for the decision as to the prices being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision, in certifying that such persons have not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above, and as their agent does hereby so certify; and he has not participated, and will not participate, in any action contrary to (1)(a) through (1)(c) above.

3. A Bid will not be considered for award where (1) (a), (1) (c), or (2) above have been deleted or modified. Where (1)(b) above has been deleted or modified, the Bid will not be considered for award unless the Bidder furnishes with the Bid a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency (CDPHE) determines that such disclosure was not made for the purpose of restricting competition.

Z. CONFLICT OF INTEREST: By submission of a bid, the Bidder agrees that at the time of contracting the Bidder has no interest, direct or indirect, that would conflict in any manner or degree with the performance of the required services. The Bidder shall guarantee that in the performance of the contract they shall not employ any person having any such known interest.

AA. TAXES: CDPHE, as purchaser, is exempt from all federal excise taxes under

Chapter 32 of the Internal Revenue Code (Registration No. 84-730123K) and from all state and local government use taxes (Ref. Colorado Revised

Statutes Chapter 39-26.114(a)). CDPHE’s Colorado State and Local Sales Tax

Exemption Number is 98-02565. Bidder is hereby notified that when materials are purchased in certain political sub-divisions (for example in the

City of Denver) the Bidder may be required to pay sales tax even though the ultimate product or service is provided to the State of Colorado. This sales tax will not be reimbursed by the State.

BB. ASSIGNMENT AND DELEGATION: Except for assignment of antitrust claims, neither party to any resulting contract may assign or delegate any portion of the contract without the prior written consent of the other party.

CC. AVAILABILITY OF FUNDS: Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. In the event funds are not appropriated, any resulting contract will become null and void, without penalty to the State of Colorado.