NAT25002-ENVIRO_SVC-rfp.pdf

6982(a) Version: 1/22/2025

REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES

ENVIRONMENTAL INVESTIGATTION AND REMEDIATION SERVICES

ISSUED BY DEPARTMENT OF NATURAL RESOURCES & ENVIRONMENTAL CONTROL

CONTRACT NUMBER NAT25002-ENVIRO_SVC

Contents:

I. Overview

II. Scope of Services

III. Required Information

IV. Professional Services RFP Administrative Information

V. Contract Terms and Conditions

VI. RFP Miscellaneous Information

VII. Attachments

Appendix A - MINIMUM MANDATORY SUBMISSION REQUIREMENTS

Appendix B - SCOPE OF WORK AND TECHNICAL REQUIREMENTS

** Ctrl+Click on the headings above will take you directly to the section.

I. Overview The State of Delaware Department of Natural Resources & Environmental Control (DNREC), seeks professional services for Environmental Investigation and Remediation Services. This request for proposals (“RFP”) is issued pursuant to 29 Del. C. §§ 6981 and 6982.

The proposed schedule of events subject to the RFP is outlined below:

Public Notice Date: April 4, 2025

Deadline for Questions Date: April 21, 2025

Response to Questions Posted by: Date: April 30, 2025

Deadline for Receipt of Proposals Date: May 6, 2025 at 1:00 PM (Local Time)

Estimated Notification of Award Date: July 7, 2025

Each proposal must be accompanied by a transmittal letter which briefly summarizes the proposing firm’s interest in providing the required professional services. The transmittal letter must also clearly state and justify any exceptions to the requirements of the RFP which the applicant may have taken in presenting the proposal. (Applicant exceptions must also be recorded on Attachment 3).

For technology related solicitations, Vendors may refer to the Delaware Department of Technology and Information identified terms and conditions included in this solicitation.

http://delcode.delaware.gov/title29/c069/sc06/index.shtml

STATE OF DELAWARE

DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL

The State of Delaware reserves the right to deny any and all exceptions taken to the RFP requirements.

MANDATORY PREBID MEETING

A mandatory pre-bid meeting has not been established for this Request for Proposal.

II. Scope of Services

The following are a brief description of the services that are included in the scope of service for the RFP. The submitted proposal shall reflect the organization’s ability to perform the tasks. The work to be conducted on existing Hazardous Substance Release Sites in Delaware and newly identified projects under this contract includes the task list below. DNREC intends to award contract(s) to the most qualified vendor(s).

A. Remediation and Investigation Management Services for sites address under 7 Del. C.

Chapter 91, Delaware Regulations Governing Hazardous Substance Cleanup: The types of services performed under this contract for any or all of the project specific proposals are as follows:

1. Project Management

• Project planning, scheduling, tracking, monitoring, control, implementation, budgeting and cost control in performing work assigned for accomplishing the overall investigation and remediation.

• Draft permit applications for applicable permits and assisting the Department in obtaining necessary permits that the vendor may need to perform the professional services required.

• Obtain Access Agreements for site access.

• Health and safety monitoring.

• Develop Quality Assurance Project Plans.

2. Investigation and Remediation Planning

• Planning and implementation of investigations of hazardous substance sites

• Development of Conceptual Site Models and representative sampling and analysis plans.

• Various waste and environmental sampling.

• Conduct hydrogeologic investigations.

• Conduct geophysical surveys.

• Planning and conducting site assessments/investigations and all necessary reports, including Phase I/Preliminary Assessments, Phase II/Site Investigations, Facility Evaluations, Site Specific Assessments, Interim Response Remedial Actions and activities, Remedial Investigations and Feasibility Studies.

• Perform field work, including sample collecting and screening, logging wells and borings, surveying and collection of field data.

• Perform data reduction, presentation, environmental database management, and statistical analysis on previously collected data. Data must be submitted to the State in the EQuIS electronic data deliverable (EDD) format used by

DNREC or a comparable electronic format in accordance with the DNREC EDD Submittal Requirements Manual for EQuIS dated July, 2014 or as amended and found at https://earthsoft.com/products/edp/edp-format-for-dnrec/

• Data Usability-Perform in accordance with DNREC Data Usability Assessment Guidance.

• Coordinate utility markings.

• Perform groundwater fate and transport modeling and mass loading calculations.

• Surveying by GPS logging of sampling points and a workable knowledge of

GPS/GIS. Surveying data must be submitted in Delaware State Plane coordinates NAD 83 Meters.

• Preparation and implementation of Contaminated Materials Management Plans and Health and Safety Plans.

• Preliminary project specific risk assessments and risk reporting.

• Perform human health and site-specific human health based risk assessments

• Capability of producing maps using GIS or other mapping software. All project specific data must be submitted to the DNREC in electronic format and hardcopy, as requested by DNREC.

• Perform site specific ecological screening.

• Analysis of site conditions and development of alternative remedies, including all necessary work and preliminary surveys.

• Assist in the preparation of proposed and final plans of remedial action, as needed.

3. Remediation Design

• Resident engineering services.

• Remedial design.

• Engineering plans and specifications, including pre-design sampling and field work.

• Treatability studies.

• Designing and implementing storm water controls.

• Preparation of design plans, drawing and specifications needed for implementing the selected remedy.

• Subcontractor List

- Names of projected subcontractors and the specific tasks that they will provide.

- Qualifications of Subcontractors and experience with the Subcontractor

- Ecological Consulting services must meet the following requirements:

• Submit Subcontractors Qualifications with proposal.

• To be certified for ecological work, must employ, or contract with persons who have demonstrated, to the satisfaction of the Department, competence in biology, wetland delineation and restoration, ecology, eco-toxicology, and environmental economics.

• Application of Delaware and Federal statutes and regulations governing wetlands, subaqueous lands, groundwater, surface water, wildlife, fisheries and other ecological resources.

https://earthsoft.com/products/edp/edp-format-for-dnrec/

• Performing Natural Resource Damage Assessments and Restoration (NRDAR) under all applicable State and Federal statutes and regulations including but not limited to Hazardous Substance Cleanup Act (HSCA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Oil Pollution Act (OPA), and the Clean Water Act (CWA).

• Conducting cultural resource studies and related tasks as they pertain to NRDAR.

• Conducting ecological assessments under all applicable State and Federal guidance, statutes and regulations including but not limited to Hazardous Substance Cleanup Act (HSCA), Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Delaware Oil Pollution Liability Act, the Oil Pollution Act (OPA), and the Clean Water Act (CWA), including all related field work, for both aquatic and terrestrial environments.

• Reviewing ecological assessments and other technical documents generated by others.

• Conducting natural resource inventories and similar studies

• Providing ecological impact analysis.

• Conducting all relevant field work for biotic and habitat studies, ecological community studies, and natural resource inventories.

• Performing Habitat Equivalency Analyses (HEAs) and Resource

Equivalency Analyses (REAs).

• Conducting and reviewing ecological risk assessments.

• Performing ecological restoration and revitalization, including design, implementation, oversight, monitoring, and corrective action.

• Performing surface water hydrologic studies and modeling.

• Performing groundwater hydrology and modeling; and groundwater resource restoration and management.

• Assist in the preparation of grant applications relevant to ecological restoration and revitalization activities.

• Preparation of expert witness testimony in support of litigation or negotiations.

• Providing training on ecology or NRDAR related tasks and skills.

4. Remedy Implementation and Oversight

• Construction oversight and remedial action implementation.

• Support the procurement and management of construction services for remedy implementation.

• Oversight of remedial planning, remedial design, and activities performed by potentially responsible parties.

5. Long Term Stewardship Activities

• Development of a Long-Term Stewardship Plan.

• Performance of Long-Term Stewardship activities, including implementation monitoring and reporting.

6. Other Project Specific Professional Services:

• Research and consulting on specific environmental and human health risk problems.

• Participation in community relation activities as needed.

• Performance of risk communication and outreach on specific environmental and human health issues as needed.

B. Remediation and Investigation Management Services for sites address under 7 Del.

C. Chapter 74 and 74A, Delaware Regulations Governing Underground Storage Tank System and Delaware Regulations Governing Aboveground Storage Tank Systems and all federal and state statutes, rules, regulations, procedures, and guidance (hereafter referred to as the “Regulations”): The types of services performed under this contract for any or all of the project specific proposals are as follow.

1. Project Management

• Project planning, scheduling, tracking, monitoring, control, implementation, budgeting and cost control in performing work assigned for accomplishing the overall investigation and remediation.

• Draft permit applications for applicable permits and assisting the Department in obtaining necessary permits that the vendor may need to perform the professional services required.

• Obtain Access Agreements for site access.

• Health and safety monitoring.

• Develop Quality Assurance Project Plans.

2. Investigation and Remediation Planning

• Prepare work plans for Hydrogeologic Investigations at leaking underground storage tank (LUST) sites, above ground storage tank (AST) sites, petroleum impacted sites or other State-lead sites.

• Conduct Tier 1 Hydrogeologic Investigations according to the Delaware Risk- Based Corrective Action Protocol(DERBCAP) for Underground Storage Tank (UST) Sites (“the DERBCAP Guide”) and the DNREC January 2023 Hydrogeologic Investigation Guide (“the Hydro Guide”).

• Conduct Tier 2 Investigations and develop Site Specific Target Levels (SSTLs) using DNREC approved models, according to DERBCAP .

• Conduct field work according to the site-specific Health and Safety Plan addressing all applicable Health and Safety regulations and requirements. The Department shall be notified at least five (5) days in advance of any field activities.

• Conduct aquifer testing to include calculating hydraulic conductivity, transmissivity, velocity of groundwater and hydrocarbon contaminants, etc.

• Conduct petroleum vapor intrusion investigations and associated risk assessments such as indicated in the Johnson & Ettinger model or other approved method, in accordance with DNREC’s guidance and policies.

• Apply environmental forensics to petroleum releases to help determine, for instance:

- The age of petroleum releases and the extent a petroleum is weathered; and

- Whether or not a site contains more than one (1) petroleum releases.

• Manage or conduct specialized investigative activities, including but not limited to:

- Membrane Interface Probe (MIP);

- Laser‐Induced Fluorescence (LIF);

- Cone Penetrometer Testing (CPT),

- Ground Penetrating Radar (GPR);

- Hydrocarbon Fingerprinting;

- Geophysical Surveys.

• Produce conceptual site models (CSM), including but not limited to sites containing Light Non-Aqueous Phase Liquid (LNAPL).

• Submit the required hydrogeologic investigation report complying with all requirements stated in 7 DE Admin Code 1351, State of Delaware Regulations Governing Underground Storage Tank Systems, (“the UST Regulations”), Part E, DERBCAP, and the Hydro Guide, which shall begin within 60 days upon receipt of Purchase Order approval:

- If a consultant retained to perform the required hydrogeologic investigation is unable to complete work and submit the required report within 60 days of receipt of purchase order approval for a given State- Lead leaking petroleum site project, the consultant may make a request in writing to DNREC for an extension of the date to submit the required report subject to approval from DNREC.

- The written request shall state in detail the reasons why the consultant cannot begin the job within 60 days of receipt of purchase order approval.

- DNREC will either approve or reject the consultant’s request to extend the hydrogeologic investigation report extension deadline depending on the specific circumstances; where DNREC will notify the consultant either of their approval or rejection in writing.

- DNREC-reserves the right to reconsider a consultant’s eligibility to participate in any future work under this contract if said consultant is unable or unwilling to perform the hydrogeologic investigation in compliance with the UST Regulations, the DERBCAP Guide and the Hydro Guide.

• Arrange for alternate water supply or interim treatment.

• Provide details and conduct pilot studies if applicable.

• Evaluate existing data and make recommendations for appropriate corrective actions needed to lessen the time to project closure.

• Produce comprehensive “Site Data Packages” on which remedial designs may be developed.

• Coordinate utilities marking.

3. Remediation Design

• Remedial Action Work Plan (RAWP) The Contractor shall submit a Remedial

Action Work Plan (RAWP) to the Department within sixty (60) days upon receipt of the proposal approval letter.

- Restate the site conditions:

• Geologic and hydrogeologic conditions.

• Contaminants of Concern/Contaminant plume.

• Site history and current land use.

• Receptor (point of exposure) survey within a minimum of 500 ft. and utility information.

• Potential pathway analysis.

• General site map that includes:

North arrow.

Scale.

Legend.

Proposed and existing monitoring well locations.

Supply well locations and distances to receptors.

Sampling locations.

Existing structures.

Sensitive areas.

Contaminated areas of concern.

Utilities.

- Final Remedial Design and Implementation:

• Site map that includes the layout of the remedial system including;

piping, trenching, well locations (existing and proposed), building construction, building location (existing and proposed), source area, additional sampling points, etc.

• Construction details including potential sub-contractors, type of equipment to be used, materials used in construction, monitoring well design etc.

• Provide details of a pilot study if applicable.

• Provide brief description of applicable permits required for system implementation.

- Remedial Selection:

• Supporting documentation and literature for equipment proposed for remediation.

• Relevant calculations used in sizing blowers, pumps, wells, piping, other.

• Calculations used in determining flow rates, injection rates, extraction rates, capture zones, pressure etc.

• Relevant calculations used in determining estimated time to closure

• Other technologies that may be considered to supplement primary remedial effort including initial “interim” remedial action measures.

Provide potential courses of action if selected technology is not meeting expectations.

• Subcontractor List.

- Names of projected subcontractors and the specific tasks that they will provide.

- Qualifications of Subcontractors and experience with the Subcontractor.

• Conduct interim remedial activities, such as LNAPL management.

• Engineering plans and specifications, including pre-design sampling and field work.

• Treatability studies.

• Preparation of design plans, drawing and specifications needed for implementing the selected remedy.

4. Remedy Implementation and Oversight

• Cleanup Goals are assigned by the Department’s Project Officer and will be in accordance to Delaware’s Risk-Based Corrective Action Protocol(DERBCAP) and other applicable referenced Standards. The specific Cleanup Goals will be specified in the Site Data Package.

• Construction oversight and remedial action implementation.

• Support the procurement and management of construction services for remedy implementation.

• Oversight of remedial planning, remedial design, and activities performed by potentially responsible parties.

• Installation of remediation system and all required components and permits

(electrical services, groundwater discharge, well permits, etc.).

• Remedial system operations and maintenance and optimization as required for peak system performance.

• Provide plan for remedial system evaluation for operation efficiency. Provide a plan for remedial system evaluation with respect to time and contaminant removal and estimated schedule. Provide potential course of action if selected technology is not reaching expectations.

• The Contractor is responsible for all maintenance and/or repairs required. Any maintenance and/or repairs performed on the remedial system during the duration of the agreement shall be at the sole cost of the Contractor.

• Upon successful completion of post remedial monitoring, the Site shall be restored to the condition it was in prior to remediation activities as nearly as practicable. All dismantling of equipment and site restoration, including the sealing of all monitoring, and remediation wells, shall be the responsibility of the Contractor. All wells and treatment points shall be sealed in accordance with the Delaware Regulation Governing the Construction and Use of Wells by a Delaware licensed well driller.

5. Project Close-Out Report

• Summary of remedial activity in remedial action progress report (RAPR)

• The Project Close-Out Report shall be submitted upon successful post remedial monitoring and should include all well sealing, site decommissioning and restoration activities. Including the items listed in the Quarterly Monitoring Report as applicable.

• Document the disposal and dismantling of all piping and material associated with the remedial activities.

• Include pictures of the facility prior to and after closure activities.

• Submit copies off all well sealing reports and any closure documentation for permits that were obtained during the project.

6. Quarterly Monitoring Report The Contractor shall submit a Quarterly Monitoring Report within thirty (30) days of sampling activities. The Quarterly Monitoring Report shall include, at a minimum:

- Sampling technique and equipment used.

- Well purge volumes and recovery rates with well observations and sampling sheets (NAPL, odors, turbidity etc.).

- Water level measurements to the nearest .01 foot from a surveyed point and a map including calculated groundwater flow.

- A table documenting historic water levels to date for each well.

- Well logs for newly installed wells including well completion reports.

- Laboratory analytical reports.

• Data must be submitted to the State in the EQuIS electronic data deliverable (EDD) format used by DNREC or a comparable electronic format in accordance with the DNREC Electronic Data Deliverable Submittal Requirements Manual for EQuIS dated July, 2014 or as amended and found at https://earthsoft.com/products/edp/edp-format-for-dnrec/

- Copies of “chain of custody” forms.

- Laboratory QA/QC reports.

- Analytical results for all samples, displayed in tabular form, along with historical monitoring results. Results displayed in table shall be listed in numerical form (reporting limits shall be noted instead of Non-Detect

(ND)).

- A statement explaining why there was any deviation in sampling, analytical techniques, equipment or QA/QC.

- Calculations of groundwater flow, conductivity, percent reduction of COCs etc.

- A detailed site map that includes, at a minimum, the locations of all monitoring wells and sampling points, groundwater contours and COC concentration gradients, points of exposure, existing structures, parcel boundaries, north arrow, scale and legend.

- Include any deviation to the implemented remedial plan and include any repairs or adjustments to the remedial technology on-site and include reasons and duration for down-time.

- Include any suggestions or recommendations related to the above bulleted item, as well as any change to the monitoring plan in general.

7. Special Project

• Perform Special Project Tasks shall include but not limited to:

Hydrogeologic Investigation for Recharge Areas.

Groundwater Sampling for emerging contaminants.

Aquifer Testing.

Conduct Petroleum Vapor Intrusion Investigation and related Risk

Assessments and Corrective Actions in accordance to Department guidance and policy.

Install potable treatment systems on wells.

Geotechincal services.

Participation in community relation activities as needed.

III. Required Information The following information shall be provided in each proposal in the order listed below. Failure to respond to any request for information within this proposal may result in rejection of the proposal at the sole discretion of the State.

A. Minimum Requirements

1. Provide Delaware license(s) and/or certification(s) necessary to perform services as identified in the scope of work.

Prior to the execution of an award document, the successful Vendor shall either furnish the Agency with proof of State of Delaware Business Licensure or initiate the process of application where required.

2. Vendor shall provide responses to the Request for Proposal (RFP) scope of work and clearly identify capabilities as presented in the General Evaluation Requirements below.

3. Complete all appropriate attachments and forms as identified within the RFP.

4. Proof of insurance and amount of insurance shall be furnished to the Agency prior to the start of the contract period and shall be no less than as identified in the bid solicitation, Section V, Item 8, subsection g (insurance).

5. If the vendor is selected and is not currently a HSCA certified consultant, prior to the award of the first project, all applicable paperwork must be submitted and approved by DNREC to become a HSCA certified consultant. The applicant should be able to meet the requirements equivalent to those for HSCA certified consultants. Please note that revocation of a vendor’s HSCA Certification will result in cancellation of Contract

#NAT-25002

6. Vendor’s experience, if any, providing similar services. Please provide at a minimum of three (3) references from the past seven (7) years consisting of current or previous customers of similar scope and value with your reply. Include name, address, telephone number, fax number, e-mail address, and a verified current contact person. Please note that the provided references cannot be DNREC employees.

7. A brief history of the vendor’s organization, including accreditation status, if applicable.

B. General Evaluation Requirements

1. Experience and Reputation in:

a. Investigation of hazardous substance sites

b. Remediation of hazardous substance sites

c. Performing human health-based risk assessments and Ecological Risk

Assessments for remediation sites

d. Environmental Engineering of remediation sites

e. Cost saving investigation techniques, design and implementation of remedial actions

f. Leaking Underground Storage Tank (LUST) Hydrogeologic Investigations, Reporting and Site Data Packages

g. LUST Remedial Activities

h. Experience and understanding of contaminate fate and transport in soil and groundwater for LUST sites

2. Staff Expertise and Expertise with innovative and ecological sensitive/green remediation teqhniques

3. Capacity to meet requirements (size, financial condition, etc.)

4. Location (geographical)

5. Demonstrated ability

IV. Professional Services RFP Administrative Information A. RFP Issuance

1. Public Notice Public notice has been provided in accordance with 29 Del. C. § 6981.

2. Obtaining Copies of the RFP This RFP is available in electronic form through the State of Delaware Procurement website at bids.delaware.gov. Paper copies of this RFP will not be available.

3. Assistance to Vendors with a Disability Vendors with a disability may receive accommodation regarding the means of communicating this RFP or participating in the procurement process. For more information, contact the Designated Contact no later than ten days prior to the deadline for receipt of proposals.

4. RFP Designated Contact All requests, questions, or other communications about this RFP shall be made in writing to the State of Delaware. Address all communications to the person listed below; communications made to other State of Delaware personnel or attempting to ask questions by phone or in person will not be allowed or recognized as valid and may disqualify the vendor. Vendors should rely only on written statements issued by the RFP designated contact.

Anna Wicks DNREC, Division of Waste and Hazardous Substances 391 Lukens Drive, New Castle, DE 19720 anna.wicks@delaware.gov

To ensure that written requests are received and answered in a timely manner, electronic mail (e-mail) correspondence is acceptable, but other forms of delivery, such as postal and courier services can also be used.

5. Consultants and Legal Counsel The State of Delaware may retain consultants or legal counsel to assist in the review and evaluation of this RFP and the vendors’ responses. Bidders shall not contact the State’s consultant or legal counsel on any matter related to the RFP.

6. Contact with State Employees Direct contact with State of Delaware employees other than the State of Delaware Designated Contact regarding this RFP is expressly prohibited without prior consent.

Vendors directly contacting State of Delaware employees risk elimination of their proposal from further consideration. Exceptions exist only for organizations currently doing business in the State who require contact in the normal course of doing that business.

7. Organizations Ineligible to Bid Any individual, business, organization, corporation, consortium, partnership, joint venture, or any other entity including subcontractors currently debarred or suspended is ineligible to bid. Any entity ineligible to conduct business in the State of Delaware for any reason is ineligible to respond to the RFP.

8. Exclusions http://delcode.delaware.gov/title29/c069/sc06/index.shtml#6981 https://bids.delaware.gov/

The Proposal Evaluation Team reserves the right to refuse to consider any proposal from a vendor who:

a. Has been convicted for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of the contract or subcontract:

b. Has been convicted under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty that currently and seriously affects responsibility as a State contractor:

c. Has been convicted or has had a civil judgment entered for a violation under State or Federal antitrust statutes:

d. Has violated contract provisions such as;

1) Known failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or

2) Failure to perform or unsatisfactory performance in accordance with terms of one or more contracts;

e. Has violated ethical standards set out in law or regulation; and

f. Any other cause listed in regulations of the State of Delaware determined to be serious and compelling as to affect responsibility as a State contractor, including suspension or debarment by another governmental entity for a cause listed in the regulations.

B. RFP Submissions

1. Acknowledgement of Understanding of Terms By submitting a bid, each vendor shall be deemed to acknowledge that it has carefully read all sections of this RFP, including all forms, schedules and exhibits hereto, and has fully informed itself as to all existing conditions and limitations.

2. Proposals To be considered, all proposals must be submitted in writing and respond to the items outlined in this RFP. The State reserves the right to reject any non-responsive or non-conforming proposals. Each proposal must be submitted with two (2) paper copies and one (one) electronic copy on CD or DVD media disk, or USB memory drive.

Please provide a separate electronic pricing file from the rest of the RFP proposal responses.

All properly sealed and marked proposals are to be sent to the State of Delaware and received no later than 1:00 PM (Local Time) on May 6, 2025. The Proposals may be delivered by Express Delivery (e.g., FedEx, UPS, etc.), US Mail, or by hand to:

Anna Wicks DNREC, Division of Waste and Hazardous Substances 391 Lukens Drive, New Castle, DE 19720 anna.wicks@delaware.gov

Vendors are directed to clearly print “BID ENCLOSED” and “CONTRACT NO.

NAT25002-ENVIRO_SVC” on the outside of the bid submission package.

Any proposal received after the Deadline for Receipt of Proposals date shall not be considered and shall be returned unopened. The proposing vendor bears the risk of delays in delivery and any costs for returned proposals. The contents of any proposal shall not be disclosed as to be made available to competing entities during the negotiation process.

Upon receipt of vendor proposals, each vendor shall be presumed to be thoroughly familiar with all specifications and requirements of this RFP. The failure or omission to examine any form, instrument or document shall in no way relieve vendors from any obligation in respect to this RFP.

3. Proposal Modifications Any changes, amendments or modifications to a proposal must be made in writing, submitted in the same manner as the original response and conspicuously labeled as a change, amendment or modification to a previously submitted proposal. Changes, amendments or modifications to proposals shall not be accepted or considered after the hour and date specified as the deadline for submission of proposals.

4. Proposal Costs and Expenses The State of Delaware will not pay any costs incurred by any Vendor associated with any aspect of responding to this solicitation, including proposal preparation, printing or delivery, attendance at vendor’s conference, system demonstrations or negotiation process.

5. Proposal Expiration Date Prices quoted in the proposal shall remain fixed and binding on the bidder at least through July 30, 2026. The State of Delaware reserves the right to ask for an extension of time if needed.

6. Late Proposals

Proposals received after the specified date and time will not be accepted or considered. To guard against premature opening, sealed proposals shall be submitted, plainly marked with the proposal title, vendor name, and time and date of the proposal opening. Evaluation of the proposals is expected to begin shortly after the proposal due date. To document compliance with the deadline, the proposal will be date and time stamped upon receipt.

7. Proposal Opening The State of Delaware will receive proposals until the date and time shown in this RFP.

Proposals will be opened in the presence of State of Delaware personnel. Any unopened proposals will be returned to the submitting Vendor.

There will be no public opening of proposals but a public log will be kept of the names of all vendor organizations that submitted proposals. The contents of any proposal shall not be disclosed in accordance with Executive Order # 31 and Title 29, Delaware Code, Chapter 100.

8. Non-Conforming Proposals Non-conforming proposals will not be considered. Non-conforming proposals are defined as those that do not meet the requirements of this RFP. The determination of http://governor.delaware.gov/orders/exec_order_31.shtml http://delcode.delaware.gov/title29/c100/index.shtml whether an RFP requirement is substantive or a mere formality shall reside solely within the State of Delaware.

9. Concise Proposals The State of Delaware discourages overly lengthy and costly proposals. It is the desire that proposals be prepared in a straightforward and concise manner. Unnecessarily elaborate brochures or other promotional materials beyond those sufficient to present a complete and effective proposal are not desired. The State of Delaware’s interest is in the quality and responsiveness of the proposal.

10. Realistic Proposals It is the expectation of the State of Delaware that vendors can fully satisfy the obligations of the proposal in the manner and timeframe defined within the proposal.

Proposals must be realistic and must represent the best estimate of time, materials and other costs including the impact of inflation and any economic or other factors that are reasonably predictable.

The State of Delaware shall bear no responsibility or increase obligation for a vendor’s failure to accurately estimate the costs or resources required to meet the obligations defined in the proposal.

11. Confidentiality of Documents The State of Delaware and its constituent agencies are required to comply with the State of Delaware Freedom of Information Act, 29 Del. C. § 10001, et seq. (“FOIA”).

FOIA requires that the State of Delaware’s records are public records (unless otherwise declared by FOIA or other law to be exempt from disclosure) and are subject to inspection and copying by any person upon a written request. All proposals are subject to FOIA’s public disclosure obligations.

The State of Delaware wishes to create a business-friendly environment and procurement process. As such, the State respects the vendor community’s desire to protect its intellectual property, trade secrets, and confidential business information (collectively referred to herein as “confidential business information”). Proposals must contain sufficient information to be evaluated. If a vendor feels that they cannot submit their proposal without including confidential business information, they must adhere to the following procedure, or their proposal may be deemed unresponsive, may not be recommended for selection, and any applicable protection for the vendor’s confidential business information may be lost.

In order to allow the State to assess its ability to protect a vendor’s confidential business information, vendors will be permitted to designate appropriate portions of their proposal as confidential business information.

Vendor(s) may submit portions of a proposal considered to be confidential business information in a separate, sealed envelope labeled “Confidential Business Information” and include the specific RFP number. The envelope must contain a letter from the vendor’s legal counsel describing the documents in the envelope, representing in good faith that the information in each document is not “public record” as defined by 29 Del.

C. § 10002, and briefly stating the reasons that each document meets the said definitions.

Upon receipt of a proposal accompanied by such a separate, sealed envelope, the State of Delaware will open the envelope to determine whether the procedure described above has been followed. A vendor’s allegation as to its confidential business information shall not be binding on the State. The State shall independently determine the validity of any vendor designation as set forth in this section. Any vendor submitting a proposal or using the procedures discussed herein expressly accepts the State’s absolute right and duty to independently assess the legal and factual validity of any information designated as confidential business information. Accordingly, vendor(s) assume the risk that confidential business information included in a proposal may enter the public domain.

12. Multi-Vendor Solutions (Joint Ventures) Multi-vendor solutions (joint ventures) will be allowed only if one of the venture partners is designated as the “prime contractor”. The “prime contractor” must be the joint venture’s contact point for the State of Delaware and be responsible for the joint venture’s performance under the contract, including all project management, legal and financial responsibility for the implementation of all vendor systems. If a joint venture is proposed, a copy of the joint venture agreement clearly describing the responsibilities of the partners must be submitted with the proposal. Services specified in the proposal shall not be subcontracted without prior written approval by the State of Delaware, and approval of a request to subcontract shall not in any way relieve Vendor of responsibility for the professional and technical accuracy and adequacy of the work. Further, vendor shall be and remain liable for all damages to the State of Delaware caused by negligent performance or non-performance of work by its subcontractor or its sub-subcontractor.

Multi-vendor proposals must be a consolidated response with all cost included in the cost summary. Where necessary, RFP response pages are to be duplicated for each vendor.

a. Primary Vendor

The State of Delaware expects to negotiate and contract with only one “prime vendor”. The State of Delaware will not accept any proposals that reflect an equal teaming arrangement or from vendors who are co-bidding on this RFP. The prime vendor will be responsible for the management of all subcontractors.

Any contract that may result from this RFP shall specify that the prime vendor is solely responsible for fulfillment of any contract with the State as a result of this procurement. The State will make contract payments only to the awarded vendor.

Payments to any-subcontractors are the sole responsibility of the prime vendor (awarded vendor).

Nothing in this section shall prohibit the State of Delaware from the full exercise of its options under Section IV.B.18 regarding multiple source contracting.

b. Sub-contracting The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, vendors assume all responsibility for work quality, delivery, installation, maintenance, and any supporting services required by a subcontractor.

Use of subcontractors must be clearly explained in the proposal, and major subcontractors must be identified by name. The prime vendor shall be wholly responsible for the entire contract performance whether or not subcontractors are used. Any sub-contractors must be approved by State of Delaware.

c. Multiple Proposals A primary vendor may not participate in more than one proposal in any form. Sub-contracting vendors may participate in multiple joint venture proposals.

13. Sub-Contracting

The vendor selected shall be solely responsible for contractual performance and management of all subcontract relationships. This contract allows subcontracting assignments; however, vendors assume all responsibility for work quality, delivery, installation, maintenance, and any supporting services required by a subcontractor.

Use of subcontractors must be clearly explained in the proposal, and subcontractors must be identified by name. Any sub-contractors must be approved by State of

14. Discrepancies and Omissions Vendor is fully responsible for the completeness and accuracy of their proposal, and for examining this RFP and all addenda. Failure to do so will be at the sole risk of vendor. Should vendor find discrepancies, omissions, unclear or ambiguous intent or meaning, or should any questions arise concerning this RFP, vendor shall notify the State of Delaware’s Designated Contact, in writing, of such findings at least ten (10) days before the proposal opening. This will allow issuance of any necessary addenda.

It will also help prevent the opening of a defective proposal and exposure of vendor’s proposal upon which award could not be made. All unresolved issues should be addressed in the proposal.

Protests based on any omission or error, or on the content of the solicitation, will be disallowed if these faults have not been brought to the attention of the Designated Contact, in writing, at least ten (10) calendar days prior to the time set for opening of the proposals.

a. RFP Question and Answer Process

The State of Delaware will allow written requests for clarification of the RFP. All questions shall be received no later than April 21, 2025. All questions will be consolidated into a single set of responses and posted on the State’s website at bids.delaware.gov by the date of April 30, 2025. Vendor names will be removed from questions in the responses released. Questions should be submitted in the following format. Deviations from this format will not be accepted.

• Section number

• Paragraph number

• Page number

• Text of passage being questioned

Questions not submitted electronically shall be accompanied by a CD and questions shall be formatted in Microsoft Word.

15. State’s Right to Reject Proposals

The State of Delaware reserves the right to accept or reject any or all proposals or any part of any proposal, to waive defects, technicalities or any specifications (whether they be in the State of Delaware’s specifications or vendor’s response), to sit and act as sole judge of the merit and qualifications of each product offered, or to solicit new proposals on the same project or on a modified project which may include portions of the originally proposed project as the State of Delaware may deem necessary in the best interest of the State of Delaware.

16. State’s Right to Cancel Solicitation The State of Delaware reserves the right to cancel this solicitation at any time during the procurement process, for any reason or for no reason. The State of Delaware makes no commitments expressed or implied, that this process will result in a business transaction with any vendor.

This RFP does not constitute an offer by the State of Delaware. Vendor’s participation in this process may result in the State of Delaware selecting your organization to engage in further discussions and negotiations toward execution of a contract. The commencement of such negotiations does not, however, signify a commitment by the State of Delaware to execute a contract nor to continue negotiations. The State of Delaware may terminate negotiations at any time and for any reason, or for no reason.

17. State’s Right to Award Multiple Source Contracting Pursuant to 29 Del. C. § 6986, the State of Delaware may award a contract for a particular professional service to two or more vendors if the agency head makes a determination that such an award is in the best interest of the State of Delaware.

18. Potential Contract Overlap Vendors shall be advised that the State, at its sole discretion, shall retain the right to solicit for goods and/or services as required by its agencies and as it serves the best interest of the State. As needs are identified, there may exist instances where contract deliverables, and/or goods or services to be solicited and subsequently awarded, overlap previous awards. The State reserves the right to reject any or all bids in whole or in part, to make partial awards, to award to multiple vendors during the same period, to award by types, on a zone-by-zone basis or on an item-by-item or lump sum basis item by item, or lump sum total, whichever may be most advantageous to the State of

19. Supplemental Solicitation The State reserves the right to advertise a supplemental solicitation during the term of the Agreement if deemed in the best interest of the State.

20. Notification of Withdrawal of Proposal

Vendor may modify or withdraw its proposal by written request, provided that both proposal and request is received by the State of Delaware prior to the proposal due date. Proposals may be re-submitted in accordance with the proposal due date in order to be considered further.

Proposals become the property of the State of Delaware at the proposal submission deadline. All proposals received are considered firm offers at that time.

21. Revisions to the RFP If it becomes necessary to revise any part of the RFP, an addendum will be posted on the State of Delaware’s website at bids.delaware.gov. The State of Delaware is not bound by any statement related to this RFP made by any State of Delaware employee, contractor or its agents.

22. Exceptions to the RFP Any exceptions to the RFP, or the State of Delaware’s terms and conditions, must be recorded on Attachment 3. Acceptance of exceptions is within the sole discretion of the evaluation committee.

23. Business References Provide at least three (3) business references consisting of current or previous customers of similar scope and value using Attachment 5. Include business name, mailing address, contact name and phone number, number of years doing business with, and type of work performed. Personal references cannot be considered.

24. Award of Contract The final award of a contract is subject to approval by the State of Delaware. The State of Delaware has the sole right to select the successful vendor(s) for award, to reject any proposal as unsatisfactory or non-responsive, to award a contract to other than the lowest priced proposal, to award multiple contracts, or not to award a contract, as a result of this RFP.

Notice in writing to a vendor of the acceptance of its proposal by the State of Delaware and the subsequent full execution of a written contract will constitute a contract, and no vendor will acquire any legal or equitable rights or privileges until the occurrence of both such events.

a. RFP Award Notifications

After reviews of the evaluation committee report and its recommendation, and once the contract terms and conditions have been finalized, the State of Delaware will award the contract.

The contract shall be awarded to the vendor whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP.

It should be explicitly noted that the State of Delaware is not obligated to award the contract to the vendor who submits the lowest bid or the vendor who receives the highest total point score, rather the contract will be awarded to the vendor whose proposal is the most advantageous to the State of Delaware. The award is subject to the appropriate State of Delaware approvals.

After a final selection is made, the winning vendor will be invited to negotiate a contract with the State of Delaware; remaining vendors will be notified in writing of their selection status.

25. Cooperatives

Vendors, who have been awarded similar contracts through a competitive bidding process with a cooperative, are welcome to submit the cooperative pricing for this solicitation. State of Delaware terms will take precedence.

C. RFP Evaluation Process

An evaluation team composed of representatives of the State of Delaware will evaluate proposals on a variety of quantitative criteria. Neither the lowest price nor highest scoring proposal will necessarily be selected.

The State of Delaware reserves full discretion to determine the competence and responsibility, professionally and/or financially, of vendors. Vendors are to provide in a timely manner any and all information that the State of Delaware may deem necessary to make a decision.

1. Proposal Evaluation Team

The Proposal Evaluation Team shall be comprised of representatives of the State of Delaware. The Team shall determine which vendors meet the minimum requirements pursuant to selection criteria of the RFP and procedures established in 29 Del. C. §§ 6981 and 6982. Professional services for this solicitation are considered under 29 Del.

C. § 6982(a). The Team will negotiate with the qualified firm designated 1st on the preference list. Should the Team be unable to negotiate a satisfactory contract with the qualified firm designated to be first on the preference list, at a price the Team determines to be fair and reasonable, negotiations with that firm shall be formally terminated. The Team may negotiate with the remaining firms by order of ranking. At any point in the negotiations process, the Team may, at its discretion, terminate negotiations with any or all firms. The Team shall make a recommendation regarding the award to the Department of Natural Resources & Environmental Control, who shall have final authority, subject to the provisions of this RFP and 29 Del. C. § 6982(a), to award a contract to the successful vendor in the best interests of the State of

2. Proposal Selection Criteria The Proposal Evaluation Team shall assign up to the maximum number of points for each Evaluation Item to each of the proposing vendor’s proposals. All assignments of points shall be at the sole discretion of the Proposal Evaluation Team.

The proposals shall contain the essential information on which the award decision shall be made. The information required to be submitted in response to this RFP has been determined by the State of Delaware to be essential for use by the Team in the bid evaluation and award process. Therefore, all instructions contained in this RFP shall be met in order to qualify as a responsive and responsible contractor and participate in the Proposal Evaluation Team’s consideration for award. Proposals which do not meet or comply with the instructions of this RFP may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Team.

The Team reserves the right to:

• Select for contract or for negotiations a proposal other than that with lowest costs.

• Reject any and all proposals or portions of proposals received in response to this

RFP or to make no award or issue a new RFP.

• Waive or modify any information, irregularity, or inconsistency in proposals received.

•…