STATE OF NORTH CAROLINA

Department of Environmental Quality

Request for Proposal #: 16-2334842570

Natural Infrastructure Flood Mitigation Projects located in Cape Fear, French Broad, Lumber, Neuse, Tar-Pamlico, and White Oak River Basins

Date of Issue: September 3, 2026

Proposal Opening Date: March 2, 2027

At 2:00 PM ET

Direct all inquiries concerning this RFP to:

Kristie Corson

Contracts Manager

Email: Kristie.Corson@deq.nc.gov

Phone: 919-707-8935

Ver: 07/2026

Request for Proposal #

16-2334842570

For internal State agency processing, including tabulation of proposals, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection.

This page shall be filled out and returned with your proposal.

Failure to do so may subject your proposal to rejection.

Vendor Name

Vendor eVP#

Note: For a contract to be awarded to you, your company (you) must be a North Carolina registered Vendor in good standing. You must enter the Vendor number assigned through eVP (Electronic Vendor

Portal). If you do not have a Vendor number, register at https://evp.nc.gov/SignIn https://evp.nc.gov/SignIn

Proposal Number: 16-2334842570 Vendor: __________________________________________

Ver: 07/2026 1

Refer ALL Inquiries regarding this RFP to the Procurement Lead through the Message Board in the Sourcing Tool. See section 2.6 for details:

Request for Proposal #: 16-2334842570 Proposals will be publicly opened: March 2, 2027 @ 2:00 PM EST

Using Agency: DEQ Division of Mitigation Services Commodity No. and Description: 7017 Water Resources Development and Oversight Requisition No.: n/a

EXECUTION

In compliance with this Request for Proposals (RFP), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein.

By executing this proposal, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

this proposal is submitted competitively and without collusion (G.S. 143-54), none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and it is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this proposal, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

As required by Executive Order 24 (2017), the undersigned Vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any Contract arising from this solicitation.

G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts; or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the Ariba Sourcing Tool.

Failure to execute/sign proposal prior to submittal may render proposal invalid and it MAY BE REJECTED. Late proposals shall not be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR:

Division of Mitigation Services

Ver: 07/2026 2

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

VALIDITY PERIOD

Offer shall be valid for 180 days from date of bid opening, or if extended by mutual agreement of the parties in writing. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this RFP.

ACCEPTANCE OF PROPOSAL

If your proposal is accepted, all provisions of this RFP, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

FOR STATE USE ONLY: Offer accepted and Contract awarded this____________________, as indicated on

The attached certification, by ____________________________________________________________________.

(Authorized Representative of Department of Environmental Quality)

Ver: 07/2026 3

Contents

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

2.4 RFP SCHEDULE

2.5 PRE-PROPOSAL CONFERENCE

2.6 PROPOSAL QUESTIONS

2.7 PROPOSAL SUBMITTAL

2.8 PROPOSAL CONTENTS

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 PROPOSAL EVALUATION PROCESS

3.4 EVALUATION CRITERIA

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

3.6 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 FINANCIAL STABILITY

4.3 FINANCIAL ASSURANCE

4.4 VENDOR CORPORATE BACKGROUND AND EXPERIENCE

4.5 REFERENCES

4.6 BACKGROUND CHECKS

4.7 PERSONNEL

4.8 VENDOR’S REPRESENTATIONS

4.11 SUBCONTRACTORS

4.12 SECRETRY OF STATE REGISTRATION

5.0 SPECIFICATIONS AND SCOPE OF WORK

5.1 GENERAL

5.2 OBJECTIVES .............................................................................. Error! Bookmark not defined.6

Ver: 07/2026 4

5.3 TASKS/DELIVERABLES

5.4 PAYMENT SCHEDULE AND DESCRIPTION OF MILESTONES

5.5 PROJECT ORGANIZATION

5.6 TECHNICAL APPROACH

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 INVOICES

6.3 POST AWARD BUSINESS REVIEW MEETINGS

6.4 CONTINUOUS IMPROVEMENT

6.5 PERIODIC STATUS REPORTS

6.6 ACCEPTANCE OF WORK

6.7 FAITHFUL PERFORMANCE

6.8 TRANSITION ASSISTANCE

6.9 DISPUTE RESOLUTION

6.10 CONTRACT CHANGES

6.11 ATTACHMENTS

Ver: 07/2026 5

1.0 PURPOSE AND BACKGROUND

In 2020, the NC General Assembly created the Natural Infrastructure Flood Mitigation Program (NIFMP) within DMS, incorporating flood storage capacity enhancement projects into the division's activities (G.S. 143-214.11A). The legislation also requires that pilot projects serve as the basis for expanding natural infrastructure flood mitigation projects to additional watersheds and scaling solutions to enhance community resiliency across North Carolina.

The 2021 Appropriations Act further supported this mission by setting aside $3.5 million to create pilot projects addressing chronic flooding in the Stoney Creek watershed (SL 2021-180). In 2023, the legislature allocated an additional $5 million to expand the Stoney Creek pilot efforts (SL 2023-134).

In 2022, the Flood Resiliency Blueprint (Blueprint) received funds for flood mitigation strategies (SL 2022-43) in the Cape Fear, Lumber, Neuse, Tar-Pamlico, and White Oak River basins. The Blueprint identified the NIFMP as a cost-effective strategy to improve flood resiliency.

As per Section 5.2.(c) of SL 2024-32, contracts issued for the development and implementation of the Flood Resiliency Blueprint have been exempted from Articles 3 and 3C of Chapter 143 of the General Statutes. Any duties, actions or responsibilities in this RFP previously fulfilled by the Division of Purchase and Contract under these Articles will be managed by the Department of Environmental Quality.

This solicitation is seeking to develop one or more nature-based, natural infrastructure projects to address chronic flooding in any of the following river basins: Cape Fear, French Broad, Lumber, Neuse, Tar-Pamlico, and White Oak.

The intent of this solicitation is to award an Agency Specific Contract.

1.1 CONTRACT TERM

The Contract shall have an initial term of five (5) years, beginning on the date of final Contract execution (the “Effective Date”).

At the end of the Contract’s initial term, the State shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to three (3) additional one-year terms. The State will give the Vendor written notice of its intent to exercise each option no later than sixty (60) days before the end of the Contract’s then-current term. In addition to any optional renewal terms, and with the Vendor’s concurrence, the State reserves the right to extend the Contract after the last active term.

Proposals shall be submitted in accordance with the terms and conditions of this RFP and any addenda issued hereto.

2.0 GENERAL INFORMATION

2.1 REQUEST FOR PROPOSAL DOCUMENT

This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

2.2 E-PROCUREMENT FEE

ATTENTION: This is an NC eProcurement solicitation facilitated by the Ariba Network. The E-Procurement fee may apply to this solicitation. See the paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions.

General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/.

What is the Ariba Network?

The Ariba Network is a web-based platform that serves as a connection point for buyers and Vendors. Vendors can log in to the Ariba Network to view purchase orders, respond to electronic requests for quotes, participate in Sourcing Events, and collaborate with buyers on contract documents.

For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site:

http://eprocurement.nc.gov/training/vendor-training.

http://eprocurement.nc.gov/

Ver: 07/2026 6

2.3 NOTICE TO VENDORS REGARDING RFP TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

If Vendors have questions, issues, regarding any component of this RFP, those must be submitted as questions in accordance with the instructions in the PROPOSAL QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The State may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contract award.

Other than through the process of negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

The State may exercise in its discretion to consider Vendor proposed modifications. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiations and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

2.4 RFP SCHEDULE

The table below shows the intended schedule for this RFP. The State will make every effort to adhere to this schedule.

Event Responsibility Date and Time Issue RFP State September 3, 2026 Hold Pre-Proposal Conference State 9/29/2026 @ 10:00 AM EST

RFP 16-2334842570 NIFMP bid opening | Meeting-Join | Microsoft Teams

Submit Written Questions Vendor October 16, 2026 @ 5:00 PM EST Submit Proposals Vendor March 2, 2027 @ 2:00 PM EST

RFP 16-2334842570 NIFMP bid opening | Meeting-Join | Microsoft Teams

Contract Award State TBD

2.5 PRE-PROPOSAL CONFERENCE

Mandatory Pre-Proposal Conference

Date: 9/29/2026 Time: 10:00 AM Eastern Time Location: RFP 16-2334842570 NIFMP bid opening | Meeting-Join | Microsoft Teams Contact #: Kristie Corson 919-707-8935

Instructions: It shall be MANDATORY that a representative from each Vendor be present for a pre-proposal conference. Attendees must arrive promptly. All attendees must “sign in” upon arrival and clearly indicate each prospective Vendor represented in the https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM3MTJiMzQtZDAxNy00YzVkLTg1OTQtOGFiMWZjYzEzZDNl%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%2222abaaa0-8837-47bc-8308-946b46ea4333%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM3MTJiMzQtZDAxNy00YzVkLTg1OTQtOGFiMWZjYzEzZDNl%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%2222abaaa0-8837-47bc-8308-946b46ea4333%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM3MTJiMzQtZDAxNy00YzVkLTg1OTQtOGFiMWZjYzEzZDNl%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%2222abaaa0-8837-47bc-8308-946b46ea4333%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM3MTJiMzQtZDAxNy00YzVkLTg1OTQtOGFiMWZjYzEzZDNl%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%2222abaaa0-8837-47bc-8308-946b46ea4333%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_MDM3MTJiMzQtZDAxNy00YzVkLTg1OTQtOGFiMWZjYzEzZDNl%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%2222abaaa0-8837-47bc-8308-946b46ea4333%22%7d

Ver: 07/2026 7

MS TEAMS chat. DMS will state in the chat when the prompt cut-off deadline of the start time has been reached. LATE ARRIVALS WILL NOT BE ALLOWED TO “SIGN IN” OR PARTICIPATE IN THE PRE-PROPOSAL CONFERENCE, NOR SHALL THEIR PROPOSAL BE CONSIDERED. Once the sign-in process is complete, all other people wishing to attend may do so to the extent that space and circumstances allow.

FAILURE TO ATTEND THE MANDATORY PRE-PROPOSAL CONFERENCE SHALL RESULT IN VENDOR’S PROPOSAL BEING DEEMED

NON-RESPONSIVE AND NOT CONSIDERED FOR AWARD.

The purpose of this conference is for all prospective Vendors to apprise themselves of the conditions and requirements which will affect the performance of the work called for by this RFP. Vendors must stay for the duration of the conference. No allowances will be made for unreported conditions that a prudent Vendor would recognize as affecting the work called for or implied by this

RFP.

Vendors are cautioned that any information released to attendees during the conference, other than that involving the physical aspects of the facility referenced above, and which conflicts with, supersedes, or adds to requirements in this RFP, must be confirmed by written addendum before it can be considered to be a part of this RFP and any resulting contract.

2.6 PROPOSAL QUESTIONS

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum.

Questions related to the content of the solicitation, or the procurement process should be directed to the person on the title page of this document via the Sourcing Tool's message board by the date and time specified in the RFP SCHEDULE Section of this RFP.

Vendors will enter “RFP # 16-2334842570 – Questions” as the subject of the message. Question submittals should include a reference to the applicable RFP section. This is the only manner in which questions will be received.

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888- 211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM ET to 5:00 PM ET.

Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the Sourcing Tool in the form of an addendum and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in the RFP and an addendum to this RFP.

2.7 PROPOSAL SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its proposal has been received as described in this RFP by the specified time and date of opening. Failure to submit a proposal in strict accordance with instructions provided shall constitute sufficient cause to reject a Vendor’s proposal(s). Solicitation responses are subject to Sealed Bidding requirements.

Vendor’s proposals for this procurement must be submitted through the Sourcing Tool. For training on how to use the Sourcing Tool to view solicitations, submit questions, develop responses, upload documents, and submit offers to the State, Vendors should go to the following site: https://eprocurement.nc.gov/training/vendor-training

Questions or issues related to using the Sourcing Tool itself can be directed to the North Carolina eProcurement Help Desk at 888- 211-7440, Option 2. Help Desk representatives are available Monday through Friday from 7:30 AM EST to 5:00 PM EST.

Tips for Using the Sourcing Tool

1. Vendors should review available training and confirm that they are able to access the Sourcing Event, enter responses, and upload files well in advance of the date and time response are due to allow sufficient time to seek assistance from the North Carolina eProcurement Help Desk.

https://eprocurement.nc.gov/training/vendor-training

Ver: 07/2026 8

2. Vendors may submit their responses early to make sure there are no issues, and then submit a revised response any time prior to the response due date and time. The State will only review the most recent response.

3. Vendors should respond to all relevant sections of the Sourcing Event. Certain questions or items are required in order to submit a response and are denoted with an asterisk. The Sourcing Tool will not allow a response to be submitted unless all required items are completed. The Sourcing Tool will provide error messages to help identify any required information that is missing when response is submitted.

4. Simply saving your response in the Sourcing Tool is not the same as submitting your response to the State. Vendors should make sure they complete the submission process and receive a message that their response was successfully submitted.

5. Only Proposals submitted through the Content Section of the Ariba Sourcing Event will be considered. Proposals submitted through the Message Board will not be accepted or considered for award.

If confidential and proprietary information is included in the proposal, also submit one (1) signed, REDACTED copy of the proposal. Such information may include trade secrets defined by N.C. Gen. Stat. § 66-152 and other information exempted from the Public Records Act pursuant to N.C. Gen. Stat. §132- 1.2. Vendor may designate information, Products, Services or appropriate portions of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statutes set forth above.

However, under no circumstances shall price information be designated as confidential.

If the Vendor does not provide a redacted version of the proposal with its proposal submission, the Department may release an unredacted version if a record request is received.

2.8 PROPOSAL CONTENTS

Vendors shall provide responses to all questions and complete all attachments for this RFP that require the Vendor to provide information and upload them to the Sourcing Event in the Sourcing Tool. Vendor may not be able to submit its response in the Sourcing Tool unless all required items are addressed. Vendors shall provide authorized signatures where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s proposal, in the State’s sole discretion.

Vendor’s Proposal (pdf) shall include the following items and attachments in the Sourcing Tool:

a) Title Page: Include the company name, address, phone number and authorized representative along with the Proposal Number.

b) Completed and signed version of all EXECUTION PAGES, along with the body of the RFP in its entirety.

c) Signed receipt pages of any addenda released in conjunction with this RFP, if required to be returned.

d) Vendor’s Proposal addressing all Specifications of this RFP.

i. Technical Approach (RFP Section 5.6)

ii. Pricing (RFP Section 4.1)

iii. Vendor Corporate Background and Experience (RFP Section 4.4)

iii. Project Organization (RFP Section 5.5)

iv. References (RFP Section 4.5)

e) Completed version of ATTACHMENT A: PRICING

f) Completed version of ATTACHMENT E: CUSTOMER REFERENCE FORM

g) Completed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

h) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

Ver: 07/2026 9

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this RFP are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors found in the Sourcing Tool, which are incorporated herein by this reference.

The following definitions, acronyms, and abbreviations are also relevant to this RFP:

Community: for the purposes of this document, community is not only a unified body of individuals, such as a group with common interest living in a particular area, but also includes local governments (villages, towns, cities, tribal areas, and counties).

Compound Flooding: A phenomenon in which two or more flooding sources occur simultaneously or subsequently within a short period of time. The most common type of compound flooding—a combination of storm surge and riverine flooding—can produce floodwaters that are longer in duration and more widespread than anticipated.

Dam and Levee Flooding: occurs when a dam or levee fails to contain floodwater. The failure can result from floodwater overtopping the dam or levee as well as if the dam or levee experiences a structural failure, or breach, resulting in a release of floodwater.

Financial Assurance – Financial security assuring the ability of the vendor to provider to construct the proposed project.

Financial Assurance must be provided through Performance Bonds, Letters of Credit or Casualty Insurance.

Flood Mitigation: Any practice that reduces the overall risk of flood damage and loss or reduces the severity of flood damage when it occurs.

Flood Storage Project: a project that creates or restores a quantity of flood storage capacity expressed in acre-feet. A flood storage project includes, but is not limited to, the creation or restoration of wetlands, stream and riparian areas, temporary flooding of fields, pastures, or forests, and other nature-based projects that can demonstrably increase flood capacity.

Memorandum of Understanding (MOU): A legally binding document negotiated between DEQ and other agencies of state, federal, and local governments, and private non-profit entities to provide an exchange of services or to describe the conditions under which one entity will provide services for another entity in return for payment. MOUs are signed by the parties to the agreement. Other names for MOUs are Memorandum of Agreement (MOA) and Letter of Intent (LOI); however, MOU is used in the NC Administrative Code and DEQ.

National Flood Insurance Program (NFIP): The program of flood insurance coverage and floodplain management administered under the Act and applicable Federal regulations promulgated in Title 44 of the Code of Federal Regulations, Subchapter B.

Natural Infrastructure Flood Mitigation Program (NIFMP): authorized by the North Carolina General Assembly in 2020, the program within DMS that seeks to incorporate flood storage capacity enhancement and nature-based solution projects into the division's activities.

Nature-based Solutions (NBS): Also referred to as “nature-based or natural infrastructure;” an approach that uses natural systems or processes to provide flood mitigation, such as wetlands for flood storage or coastal marsh to reduce the impact of waves, storm surge, and coastal erosion.

North Carolina Flood Resiliency Blueprint (Blueprint): the North Carolina Flood Resiliency Blueprint is a statewide initiative designed to bring together and build upon all relevant existing resources and knowledge in the state to create one unified effort to increase community resiliency to flooding. The Blueprint includes a statewide flood planning framework and decision-support tool that enables state, tribal, regional, and local entities, and their stakeholders to identify, prioritize, and direct resources to implement effective flood resiliency strategies based on the best available science and understanding of likely future conditions. The Blueprint serves as the backbone of North Carolina’s flood planning process through the development and implementation river basin specific flood resiliency strategies.

Pluvial Flooding: Commonly referred to as “flash floods,” principally caused by downpours in areas without adequate drainage, by removal of natural storage functions, or by modification of natural drainage.

Ver: 07/2026 10

Riverine Flooding: Fluvial, or riverine flooding, occurs when excessive rainfall over an extended period causes a river to exceed its channel capacity.

Storm Water Control Measure: A permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration or mimic the natural hydrologic cycle by promoting infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a combination thereof.

Stormwater wetlands: Reduces flooding by storing water and releasing it slowly. They can also be modified so that stored water can be released prior to a rain event to increase storage capacity for a forecasted flood event (e.g., hurricanes).

Watershed: An area of land that contains a common set of waterbodies (streams, rivers, lakes, or wetlands) that all drain into a single larger body of water. Watersheds can be defined at multiple geographic scales. In North Carolina, 17 “major” watersheds (basins) are defined by statute.

3.0 METHOD OF AWARD AND PROPOSAL EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest. All qualified proposals will be evaluated, and awards will be made to the Vendor(s) meeting the specific RFP Specifications and achieving the highest and best final evaluation, based on the criteria described below.

While the intent of this RFP is to award a Contract to a single Vendor, the State reserves the right to make separate awards to different Vendors for one or more line-items, to not award one or more line-items or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so.

The State reserves the right to waive any minor informality or technicality in proposals received.

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this RFP is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See Paragraph 29 of the Instructions to Vendors entitled

COMMUNICATIONS BY VENDORS.

Each Vendor submitting a proposal to this RFP, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the procurement lead named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s proposal or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or inquiries directed to the procurement lead named in this RFP regarding requirements of the RFP (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.3 PROPOSAL EVALUATION PROCESS

Only responsive submissions will be evaluated.

The State will conduct a One-Step evaluation of Proposals:

Ver: 07/2026 11

Proposals will be received according to the method stated in the Proposal Submittal Section above.

All proposals must be received by the issuing agency not later than the date and time specified in the RFP SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.

At the date and time provided in the RFP SCHEDULE Section above, unless modified by Addendum, the proposal from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids are authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. If negotiation is anticipated, cost and price shall become available for public inspection at the time of the award. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their sole option, the evaluators may request oral presentations or discussions with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not.

Upon completion of the evaluation process, the State will make award(s) based on the evaluation and post the award(s) to the electronic Vendor Portal (eVP), https://evp.nc.gov, under the RFP number for this solicitation. Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to the State.

The State reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State.

3.4 EVALUATION CRITERIA

In addition to the general criteria in G.S. 143-52 which may or may not be relevant to this RFP, all qualified proposals will be evaluated, and award made based on considering the following criteria, to result in an award most advantageous to the State:

BEST VALUE: "Best Value" procurement methods are authorized by N.C.G.S. §§143-135.9 and 143B-1350(h). The award decision is made based on multiple factors, including: total cost of ownership, meaning the cost of acquiring, operating, maintaining, and supporting a product or service over its projected lifetime; the evaluated technical merit of the Vendor's offer; the Vendor's past performance; and the evaluated probability of performing the specifications stated in the solicitation on time, with high quality, and in a manner that accomplishes the stated business objectives and maintains industry standards compliance. The intent of "Best Value" procurement is to enable Vendors to offer and the Agency to select the most appropriate solution to meet the business objectives defined in the solicitation and to keep all parties focused on the desired outcome of a procurement.

A ranking method of source selection will be utilized in this procurement using evaluation criteria listed in order of importance in the Evaluation Criteria section below to allow the State to award this RFP to the Vendor(s) providing the Best Value and recognizing that Best Value may result in award other than the lowest price or highest technically qualified offer. By using this method, the overall ranking may be adjusted up or down when considered with, or traded-off against, other non-price factors.

EVALUTION METHOD: Narrative and by consensus of the evaluating committee, explaining the strengths and weaknesses of each proposal and why the recommended awardee(s) provide the best value to the State.

All qualified proposals will be evaluated, and award made based on considering the following criteria listed in descending order of importance, to result in an award most advantageous to the State:

1. Vendor Technical Approach (RFP Section 5.6) https://evp.nc.gov/

Ver: 07/2026 12

2. Pricing (RFP Section 4.1)

3. Vendor Corporate Background and Experience (RFP Section 4.4)

4. Project Organization (RFP Section 5.5)

5. References (RFP Section 4.5)

3.5 PERFORMANCE OUTSIDE THE UNITED STATES

Vendor shall complete ATTACHMENT E: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this RFP, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State:

a) Total cost to the State

b) Level of quality provided by the Vendor

c) Process and performance capability across multiple jurisdictions

d) Protection of the State’s information and intellectual property

e) Availability of pertinent skills

f) Ability to understand the State’s business requirements and internal operational culture

g) Particular risk factors such as the security of the State’s information technology

h) Relations with citizens and employees

i) Contract enforcement jurisdictional issues

3.6 INTERPRETATION OF TERMS AND PHRASES

This RFP serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether proposals should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the RFP. Except as specifically stated in the RFP, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a proposal in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this RFP. By submitting a proposal, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification, or believes a change to a requirement would allow for the State to receive a better proposal, the Vendor is urged to submit these items in the form of a question during the question-and-answer period in accordance with the Proposal Questions Section above.

4.1 PRICING

Proposal price shall constitute the total cost to the State for complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and upload in the Sourcing Tool. The pricing provided in ATTACHMENT A, or resulting from any negotiations, is incorporated herein and shall become part of any resulting Contract.

INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS OR SERVICES ACCEPTED.

4.1.1 Import Tariff Temporary Surcharge

Pricing shall be exclusive of any pending tariffs or temporary tariff surcharge. Vendor may request a temporary tariff surcharge in ATTACHMENT A: PRICING SUBMITTAL WORKBOOK as a charge separate from the contract price. Any temporary tariff surcharge(s) associated with purchases shall be provided by way of a percentage tariff surcharge. All tariff surcharges proposed are intended to be temporary and based on current tariff implications specific to related commodities with evidence of submitted documentation of affected MSRP products. Vendor understands that the agency may request additional justification. Any

Ver: 07/2026 13 temporary tariff surcharge percentage will be negotiated and mutually agreed upon. The state is not obligated to accept any proposed import tariff surcharge. Proposed tariff surcharges may be used as a factor for evaluation and award.

4.2 FINANCIAL STABILITY

As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

Each Vendor shall certify it is financially stable by completing ATTACHMENT F: CERTIFICATION OF FINANCIAL CONDITION. The State is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability.

4.3 FINANCIAL ASSURANCE

The vendor must provide financial assurance in one of the following forms:

a) Performance Bonding - The vendor must provide security in the form of an acceptable performance bond as described in the following paragraph to guarantee delivery of the contracted flood mitigation project. The performance bond must be obtained from a company licensed in North Carolina as shown in the Federal Treasury Listing of Approved Sureties (Circular 570). The maximum allowable amount provided by a surety may not exceed the “underwriting limitation” for the surety as identified in the Federal Treasury Listing. Although this RFP is a request for flood mitigation and not construction, the performance bond shall follow the prescribed wording provided in N.C.G.S. § 44A-33. The performance bond must be for 55% of the total value of the contract and must be in effect and submitted with the Task 4 deliverable before DMS will authorize payment for that deliverable. The bond must remain in effect until the vendor has received written notification from the DMS that the requirements of Task 6 (submittal of baseline monitoring report & As-Built Drawings) have been met (the financial assurance document must indicate that it is in effect through approval of task 4 by DMS and must include the NCDEQ contract number). After the successful completion of Task 6, the bond can be retired.

b) Letters of Credit - LOCs must be drawn from a reputable bank identified by the FDIC as “Well Capitalized” or

“Adequately Capitalized” and follow the submittal timing, contract amounts and schedules for reduction as those described above for the performance bonds. Evergreen or irrevocable LOCs shall be required to provide a 120-day notice of cancellation, termination, or non-renewal.

c) Casualty Insurance - on underlying performance of the flood mitigation project, must follow the same submittal timing, contract amounts and reduction schedules as those described above in performance bonds. The insurance must contain the following information:

i. The “NCDEQ DMS,” the contract number and the Insured Property must be named in the insurance document.

NCDEQ shall have the sole right to place a claim against the policy;

ii. Casualty Insurance can be written effective for one year, but notice from the Vendor, stating that it is currently in the process of replacing the current policy, must be submitted to NCDMS at least one month before policy expiration date.

4.4 VENDOR CORPORATE BACKGROUND AND EXPERIENCE

In its Proposal, Vendor shall demonstrate experience with public and/or private sector clients with similar or greater size and complexity to the State. Vendor shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

Ver: 07/2026 14

4.4.1 Vendor Corporate Background

Vendor shall provide background information on its firm (the prime firm) to include the firm’s ability to carry out all phases of the proposal, information and experience concerning nature-based, natural infrastructure projects to address chronic flooding, federal & state regulations, the firm’s office location(s), and the experience of the project manager. (Unless noted, all experience must be within the past 10 years).

4.4.2 Vendor Experience

In its Proposal, Vendor shall demonstrate their and their sub vendors, a minimum of five (5) years of experience in nature-based, natural infrastructure projects to address chronic flooding. (Unless noted, all experience must be within the past 10 years):

Demonstrate specialized or appropriate expertise in flood mitigation projects, including, but not limited to, natural infrastructure, structural stormwater conveyance systems, stormwater control measures (SCMs), regenerative stormwater conveyance systems, stormwater control retrofits and stream, wetland, riparian buffer and nutrient offset restoration and enhancement projects.

Describe the project team’s knowledge and experience with State of NC flood mitigation and stormwater control design, implementation, monitoring and maintenance requirements, guidelines, protocols, and credit generation (e.g., designing and implementing stormwater control projects to meet local detention requirements for development and/or designing and implementing stormwater retrofits to address local flooding issues):

a. Demonstrate applicable specialized or appropriate expertise in flood modeling (hydrologic and hydraulic) at multiple scales, such as:

i. Applications suitable for multiscale watershed-level screening and hazard identification based on multiple recurrence intervals (e.g., 1,2,5,10,20,50 year)

ii. Applications suitable for multivariable flood mitigation project identification, prioritization, and selection

iii. Modeling of various flooding types (riverine, coastal, and pluvial flooding)

iv. Modeling of compound flooding events

v. Modeling of future flood events as influenced by the projected effects of climate change

vi. Modeling future flood events based on increases or decreases in unmanaged stormwater runoff from impervious services

vii. Modeling stormwater detention requirement or incentive alternatives in flood-prone environments

viii. Modelling for multivariable alternative cost benefit analysis to assist decision makers with selecting projects, incentives, and restrictions, and other flood resiliency approaches for various storm events.

b. Describe knowledge and experience with current Federal and State of NC regulations and policy that currently regulate, incentivize, or limit the State’s ability to implement nature-based, natural infrastructure projects to address chronic flooding, such as:

i. FEMA’s National Flood Insurance Program (NFIP) (Floodplain Development Permitting)

ii. Waters of the United States (WOTUS)

iii. State of North Carolina Hazard Mitigation Plan

iv. North Carolina Climate Risk Assessment and Resilience Plan

v. North Carolina and local floodplain building code(s)

vi. North Carolina and local floodplain development permitting

vii. North Carolina Drainage Districts

viii. North Carolina Erosion and Sediment Control Planning and Design Manual

c. Describe applicable experience leading watershed-scale flood resilience strategy and project implementation, such as:

Ver: 07/2026 15

i. Watershed flood risk evaluation (riverine, pluvial) for community assets

ii. Flood resilience planning for infrastructure (roads, bridges, water treatment, stormwater, energy, etc.)

iii. Utilizing existing relevant data (local and regional watershed and resiliency plans, historic, current, and future climate, and flooding data, NCDOT, academic and Non-Government Organizations (NGO) existing plans within this watershed)

4.5 REFERENCES

Vendor shall upload to the Sourcing Tool at least three (3) references, using ATTACHMENT E: CUSTOMER REFERENCE FORM, for which it has provided Services of similar size and scope to those proposed herein. References shall not be from the same company or from the solicitation State entity. In addition, Vendor shall provide references for and identify other government contracts it has received, for which your company has provided services of similar size and scope to those proposed herein. The State may contact these users to determine whether the Services provided are substantially similar in scope to those proposed herein and whether Vendor’s performance has been satisfactory. The information obtained may be considered in the evaluation of the Proposal.

4.6 BACKGROUND CHECKS

Any personnel or agent of Vendor performing Services under any Contract arising from this RFP may be required to undergo a background check at the expense of the Vendor, if so requested by the State.

4.7 PERSONNEL

Vendor warrants that qualified personnel shall provide Services under this Contract in a professional manner.