P2482001_RFQ_CEQA_Retainer_Southern.pdf

State of California - The Natural Resources Agency

DEPARTMENT OF FISH AND WILDLIFE

Director’s Office

P.O. Box 944209 Sacramento, CA 94244-2090 www.wildlife.ca.gov

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

REQUEST FOR QUALIFICATIONS

Notice to Prospective Firms ("Notice")

03-20-2024

RFQ Number and Name: P2482001, California Environmental Quality Act (CEQA) Consulting Services (Southern Service Area) SOQ Due Date/Time: 04-19-2024 5:00PM (PT)

The California Department of Fish and Wildlife (CDFW) invites you to review and respond to this Request for Qualifications (RFQ), hereafter referred to as "Contract Work" and as further defined in the RFQ. Qualified individuals and firms are invited to respond to this Notice and RFQ in compliance with the instructions attached.

The attached RFQ contains a description of the Contract Work, location, qualifications, evaluation criteria and directions on how to prepare and submit your response. Your response will be in the form of a Statement of Qualification (SOQ). See Section 1.3 for submission details.

As part of the selection process, the top two firms determined to be the "most qualified" based on the Selection Criteria in this RFQ may be required to participate in a video interview. Interviews may be conducted on 05-06-2024 and 05-07-2024, time to be determined. Key staff who will participate in the interview should be advised of these dates to ensure their availability.

All contracts entered into with the State of California include, by reference, General Terms and Conditions (GTC 04/2017) and Contractor Certification Clauses (CCC 04/2017) that can be found at:

General Terms and Conditions (GTC 04/2017) Contractor Certification Clauses (CCC 04/2017)

The terms contained in these documents will become part of the contract. If you are unable to agree to any of these terms, your SOQ will be rejected.

Questions regarding this RFQ must be submitted by email to:

Holly Peterson Holly.Peterson@wildlife.ca.gov

Submit all questions to the email address listed above. No verbal information will be binding upon the State unless such information is issued in writing as an official addendum. Questions via phone calls or in person regarding this RFQ are not accepted.

Amy Mowrer, Branch Manager Procurement and Contracting Officer Business Management Branch

Conserving California's Wildlife Since 1870

GAVIN NEWSOM, Governor

CHARLTON BONHAM, Director http://www.wildlife.ca.gov/ https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/GTC-April-2017-FINAL.pdf?la=en&hash=18A8A88034FCB8A5307FB64B20B33CF485F4C0D8 https://www.dgs.ca.gov/-/media/Divisions/OLS/Resources/CCC-042017.pdf?la=en&hash=4DE3E4DC414511AE378794200BA43EBF91C758EE mailto:Holly.Peterson@wildlife.ca.gov

State of California RFQ P2482001 Department of Fish and Wildlife CEQA Consulting Services (Southern)

REQUEST FOR QUALIFICATIONS (No. P2482001)

Table of Contents

SECTION 1 - General Information

1.1 Introduction

1.2 Request for Qualification Details

1.3 SOQ Deadline and Delivery

1.4 Withdrawal of SOQ

1.5 Rejection of SOQs

1.6 Project Duration

1.7 Award of the Contract

1.8 Disposition of SOQ Documents

1.9 Sample Agreement and Forms

SECTION 2 – Scope of Work

2.1 Purpose of the Contract

2.2 Location of Work

2.3 Scope of Work

2.4 General Provisions Regarding Scope of Work

2.5 Compensation

2.6 Records

SECTION 3 – Responding to this RFQ

3.1 Minimum Requirements

3.2 Key Action Dates

3.3 Costs of Developing the SOQ

3.4 Evaluation and Selection Process

3.5 SOQ Selection Criteria

SECTION 4 – Insurance Requirements SECTION 5 – Required Attachments ATTACHMENT 1 – Required Attachment Checklist ATTACHMENT 2 - Proposal/Proposer Certification Sheet ATTACHMENT 3 – Payee Data Record (STD. 204) ATTACHMENT 4 – Darfur Contracting Act Certification ATTACHMENT 5 – Bidder Declaration Form (GSPD-05-105) ATTACHMENT 6 - Commercially Useful Function (CUF) Certification ATTACHMENT 7 – Contractor Certification Clause (04/2017) ATTACHMENT 8 – California Public Contract Code Section (10162) ATTACHMENT 9 – Proposer References ATTACHMENT 10 - California Civil Rights Laws Attachment ATTACHMENT 11 – Iran Contracting Act RFQ Compliance Matrix

Sample Agreement ............................................................................... Attached as separate document

• Standard Agreement (Std. 213)

• Exhibit A – Scope of Work

• Exhibit A Attachment 1 – Map

• Exhibit A Attachment 2 – Work Authorization

• Exhibit A Attachment 3 – Quarterly Report Sample

• Exhibit A Attachment 4 – Statement of Qualifications

• Exhibit B – Budget Detail and Payment Provisions

• Exhibit B Attachment 1 – Cost Sheet and Personnel Rates

• Exhibit C – General Terms and Conditions (included by reference)

• Exhibit D – Department Additional Provisions

• Exhibit I – Travel Reimbursement Information

SECTION 1 - General Information

1.1 Introduction

1.1.1. The California Department of Fish and Wildlife (CDFW) is requesting proposals from qualified firms to perform California Environmental Quality Act (CEQA) consulting services.

The purpose of the Agreement is to retain CEQA consulting services to support CDFW’s compliance with CEQA when CDFW needs to act as a Lead or Responsible Agency for CEQA projects. The consulting services include preparing all types of CEQA documents, as well as providing review and advice on the adequacy of CEQA documents prepared by others, including project applicants and other Lead and Responsible Agencies, for use by CDFW. Consulting services will also include compliance monitoring and other support related to the environmental document(s) for certain projects. Additionally, consulting services must be available when CDFW staff provide support for the California Fish and Game Commission, when the Commission acts as Lead Agency for CEQA projects. The Contractor will provide CEQA consulting services described herein for all projects within the Service Area.

1.1.2. The awarded contract will be written for a maximum amount of twenty million dollars and zero cents ($20,000,000.00). The awarded Firm, and all associated subcontractors, will be required to perform services at the rates identified in the sealed Cost Sheet, which may be negotiated after the most qualified firm is selected, as described in Section 3.1.3 E and Section 3.4.

1.2 Request for Qualification Details

1.2.1 All questions concerning this RFQ must be submitted directly to Holly Peterson at

Holly.Peterson@wildlife.ca.gov on or before 04-03-2024 by 4:00 PM(PT). When submitting questions, please indicate the RFQ number in the subject line. Questions via fax, telephone, or in person will not be accepted. Answers to questions and other notices about this RFQ will be provided via formal addenda at the same location on the Cal eProcure website where this document was accessed. CDFW is not responsible for sending individual notifications of changes or updates.

It is the prospective firm's sole responsibility to monitor the Cal eProcure website for all information regarding this RFQ.

1.2.2 Eligible Proposers

Public or private corporations, agencies, organizations, associations, or individuals may submit a sealed SOQ in response to this RFQ.

The Proposer must be legally constituted and qualified to do business within the State of California (registered with the Secretary of State). Except for Proposers whose legal status precludes incorporation (i.e., public agencies, sole proprietorships, and partnerships), Proposers that are not fully incorporated by the deadline for submitting sealed SOQs will be disqualified.

The Proposer must also not be listed on either list of the 500 largest tax delinquencies pursuant to Section 7063 or 19195 of the Revenue and Taxation Code.

1.2.3 Executive Order N-6-22 – Russia Sanctions

On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals.

“Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

1.2.4 California Certified Small Business (SB) Program

The State of California encourages California certified small businesses (SB) to submit their SOQs, however, under contracting law for Architectural and Engineering Services agreements, the Small Business preference cannot be applied in this selection process.

(The Small Business Preference is not applicable for RFQ solicitations because the cost is negotiated with the most qualified firm.)

CDFW strongly encourages Firms responding to this solicitation to consider partnering with qualified California certified Small Businesses to foster working partnerships with the SB community.

Information about SB resources and whether your firm may be eligible for certification can be found at: https://www.dgs.ca.gov/PD/Services/Page- Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small- Business-Disabled-Veteran-Business-Enterprise

1.2.5 Disabled Veteran Business Enterprise (DVBE) Program Participation

The DVBE Participation Program Requirements have been waived for this RFQ.

The DVBE Incentive is not applicable for RFQ solicitations because the cost is negotiated with the most qualified firm.

DVBE Resources and Information:

The Department of General Services, Office of Small Business and Disabled Veteran

Business Enterprise Services (DGS-OSDS) is the state's certifying agency that oversees the

Small Business (SB), Small Business for the Purpose of Public Works (SB-PW), and Disabled

Veteran Business Enterprise (DVBE) certification programs. Resources and Information can be found at: https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-

Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-

Enterprise

1.2.6 Commercially Useful Function Definition

All California-certified Small Businesses (SB) and Disabled Veteran Business Enterprise (DVBEs) doing business with the state must perform a Commercially Useful Function (CUF).

https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise https://www.dgs.ca.gov/PD/Services/Page-Content/Procurement-Division-Services-List-Folder/Certify-or-Re-apply-as-Small-Business-Disabled-Veteran-Business-Enterprise

Performing CUF is a critical requirement for all California-certified firms - SB and DVBE - that do business with the state (Government Code Section 14837 and Military and Veterans Code Section 999).

CUF definition and resources can be found at:

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources- List-Folder/Commercially-Useful-Function-for-Certified-Firms

A Firm, subcontractor, or supplier will not be considered to perform a commercially useful function if the Firm's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of disabled veteran business enterprise participation.

1.3 SOQ Deadline and Delivery

1.3.1 All proposals must be submitted and received by CDFW on or before the final date and time for proposal submission identified in Section 3.2 Key Action Dates below. Proposals may be submitted by email, mail, or hand delivered. Faxed proposals will not be accepted.

1.3.2 Proposal submittal by Email: Proposals may be submitted by email as a PDF to the RFQ contact listed on the front page of this solicitation; only proposals received in this email inbox will be considered. Proposals submitted via email must clearly identify the RFQ name and title in the subject line. Emailed proposals will not be opened by CDFW until the bid due date and time listed below in the Key Action Dates.

1.3.3 Proposal submittal by Mail or Hand Delivery: One (1) hard copy of the SOQ and one (1) PDF copy on a USB Flash Drive must be submitted under sealed cover. Proposals not submitted under sealed cover will be rejected. The sealed cover must be plainly marked with the RFQ number and title, must show your firm name and address, and must be marked with "DO NOT OPEN", as shown in the example:

Mail or deliver SOQs to one of the following addresses:

U.S. Postal Service Deliveries Hand Deliveries* Department of Fish and Wildlife Department of Fish and Wildlife BMB Contracts Unit BMB Contracts Unit P.O. Box 944209 1700 9th Street, 2nd Floor Sacramento, CA 94244-2090 Sacramento, CA 95811

*Request date/time stamp

Proposer’s Firm Name Proposer’s Firm Address

RFQ P2482001 CEQA Consulting Services (Southern)

California Department of Fish and Wildlife

[select one of the address option below]

ATTN: Holly Peterson

DO NOT OPEN

https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List-Folder/Commercially-Useful-Function-for-Certified-Firms

UPS/FedEx/GLS Deliveries Department of Fish and Wildlife Attn: BMB Contracts Unit 960 Riverside Parkway, Suite 90 West Sacramento, CA 95605

1.3.4 Hand delivered proposals must be coordinated and scheduled ahead of time with Holly Peterson at Holly.Peterson@wildlife.ca.gov. Hand delivered proposals must receive a date and timestamp by CDFW staff upon receipt. CDFW staff may not be available to receive and timestamp unscheduled hand deliveries. Hand delivered proposals without a timestamp will be rejected.

1.3.5 CDFW will not accept facsimile (fax) responses. SOQs must be received at the above addresses by the deadline indicated. It is the responsibility of the prospective firm to make sure that the SOQ is at the location listed in this section on or before the date and time listed in Section 3.2 Key Action Dates.

1.3.6 SOQs not in the possession of CDFW by the deadline will not be opened.

1.4 Withdrawal of SOQ

1.4.1 Prospective firms may withdraw their SOQ at any time prior to the deadline for submitting the SOQ. To withdraw the SOQ, the prospective firm must do so in writing signed by a duly authorized representative of the prospective firm, delivered to the same address to which the SOQ is submitted (see Sections 1.3.2 and 1.3.3 above).

1.4.2 Prospective firms who have withdrawn their SOQ may submit a new or modified SOQ provided it is received no later than the SOQ deadline listed in Section 3.2 Key Action Dates below.

1.5 Rejection of SOQs

1.5.1 CDFW reserves the right to reject any or all SOQs received in response to this RFQ, to cancel this RFQ, or to terminate the selection proceedings at any time, if it determines such action is in the best interest of the State of California. This RFQ does not commit CDFW to award a contract.

1.6 Project Duration

1.6.1 CDFW cannot predict the number of projects that will take place over the term of the contract or when individual Work Authorizations will be issued. However, the contract duration will be from July 1, 2024, or upon the date of CDFW approval, whichever is later, through June 30, 2029. The Proposer must have sufficient capacity to be able to work on multiple projects at one time, for either when the Proposer is preparing all CEQA document materials (see Exhibit A, Section 5(D), Task 1), or when the Proposer is reviewing and evaluation the adequacy of CEQA documents developed by another entity and completing the project (see Exhibit A, Section 5(D), Task 2), or both at the same time.

1.7 Award of the Contract

1.7.1 The contract award under this RFQ must be in accordance with the procedures herein and all other laws and regulations governing this Contract award. Pursuant to Cal. Code Regs., Tit.14 §§ 789 et seq. it will be made to the best qualified firm with whom CDFW is able to negotiate a satisfactory contract at a fair and reasonable price.

1.7.2 CDFW will award three CEQA retainer contracts with the same project duration. The three contracts will cover a different region of California: northern, southern, and coastal.

Proposers may submit proposals for multiple CDFW CEQA retainer contracts; however, a proposer cannot be awarded more than one contract for CEQA consulting services at a time. If a proposing firm is awarded a CEQA consulting services contract, it would exclude the proposing firm from consideration of another CEQA retainer contract with the same project duration.

1.8 Disposition of SOQ Documents

1.8.1 At the time SOQ documents are submitted to CDFW they become the property of the State of California and, once the contract is awarded, they are available for public inspection.

Public inspection can occur by submitting a request pursuant to the Public Records Act (PRA). The process for submitting PRA requests can be found on CDFW's website.

1.9 Sample Agreement and Forms

1.9.1 Attached to this RFQ is a sample of the agreement which includes Standard Agreement form (Std. 213) and exhibits. This sample agreement will be used for the contract that is issued pursuant to this RFQ. Firms must be able to comply with all terms and conditions provided in the sample agreement.

(END OF SECTION)

SECTION 2 – Scope of Work

2.1 Purpose of the Contract

2.1.1 The purpose of the Agreement is to retain CEQA consulting services to support CDFW’s compliance with CEQA when it needs to act as a Lead or Responsible Agency for CEQA projects. The consulting services include preparing all types of CEQA documents, as well as providing review and advice on the adequacy of CEQA documents prepared by others, including project applicants and other Lead and Responsible Agencies, for use by CDFW.

Consulting services will also include compliance monitoring and other support related to the environmental document for projects. Additionally, consulting services must be available when CDFW staff provide CEQA compliance and document support for the California Fish and Game Commission, when the Commission acts as Lead Agency.

2.2 Location of Work

2.2.1 The services will be performed in the Southern Service Area which includes the following

14 counties: Stanislaus, Tuolumne, Merced, Mariposa, Madera, Fresno, Kings, Tulare, Kern, Mono, Inyo, San Bernadino, Riverside, Imperial.

2.2.2 Projects may occur anywhere within the respective Southern Service Area. It is possible that CDFW may request Proposer services for a project that is beyond the boundaries of the Southern Service Area. For example: 1) when a project spans beyond the boundaries of the Southern Service Area into an adjacent Service Area; 2) a conflict of interest arises in another Service Area (i.e., Northern Service Area or Coastal Service Area); 3) a project with a statewide scope; 4) due to termination of an Agreement in another Service Area; or

5) insufficient funding authority. The Contractor may be asked to work outside the Southern Service Area, including if any of these situations occur, however these situations are expected to be rare.

2.2.3 The Proposer is expected to have facilities located within the Southern Service Area.

2.3 Scope of Work

2.3.1 For a detailed description of the work to be performed, see Exhibit A, which is provided in the

Sample Agreement and made part of this RFQ.

2.4 General Provisions Regarding Scope of Work

2.4.1 Any work conducted by the Contractor that is not authorized by the appropriately empowered CDFW official will be at the Contractor’s expense and not charged to CDFW.

2.4.2 If any of the Contract Work becomes the subject of a legal challenge, the Contractor must cooperate with CDFW, the Office of the Attorney General, or other attorney working on the matter identified by CDFW.

2.5 Compensation

2.5.1 The Contractor will be reimbursed for all actual work performed under this agreement. The maximum amount for this contract is not to exceed Twenty Million Dollars and Zero Cents ($20,000,000.00).

2.5.2 The Contractor will invoice CDFW monthly, unless an alternate invoicing schedule for Contract Work is approved in writing by the CDFW Project Lead. However, invoicing will be no less than quarterly. Invoices for personnel services will provide the specific team member performing the work and the hourly rate agreed upon for that person. Invoices must make clear which task, by number and title, is being billed for and be addressed to the CDFW Project Lead and CDFW Contract Administrator identified in the contract.

2.6 Records

2.6.1 All records of the Contractor associated with Contract Work will be retained by the

Contractor for three (3) years from the date of completion of the contract or payment of final invoice, whichever is later. The documents will not be destroyed without the authorization of CDFW. At the end of the Contract Work period, including all amendments, all data and final documents collected or prepared by the Contractor for the contract must be provided in an organized fashion to the Contract Manager in one (1) electronic package (e.g., USB Flash Drive).

SECTION 3 – Responding to this RFQ

3.1 Minimum Requirements

3.1.1 Statements of Qualifications (SOQ) must follow the format and contain the information listed below:

3.1.2 All documents must be in Arial, 12-point font.

3.1.3 In your SOQ provide:

A. Transmittal Letter - Provide the following information:

i. A brief background, scope of expertise and location of the firm’s office(s) and the location of the office(s) where the work is to be performed;

ii. A summary description of the work to be performed in-house, by employees of the company, and those that will be performed by each subcontractor or non-employees (if any) for the project;

iii. Attach a memorandum of commitment from each subcontractor, if any, signed by the principal of the subcontractor firm;

iv. Identify the person(s) authorized to act and speak on behalf of your firm during the selection process and contract negotiations if any; and

v. State that the proposed team is available to start as soon as the contract is executed.

B. Organization Chart/Resumes:

i. Provide resumes or curricula vitae for all individual(s) who will be designated as the Contractor Principal(s), Project Manager(s), and Senior Biologist(s) for your company (see below for specific experience requirements) and a description of all supporting personnel who will be working on the Contract Work;

ii. Provide the name, title, phone, email, and physical address of the individual(s) who will be designated as the Contractor Principal(s), Project Manager(s), and Senior Biologist(s);

iii. Provide an organization chart for the Contract Work that includes all individual(s) who will be designated as the Contractor Principal(s), Project Manager(s), and Senior Biologist(s) employees of the firm and subcontractors. The organization chart should show the proposed relationships between the Contractor Principal(s), Project Manager(s), Senior Biologist, key personnel, support staff, and other resources that are expected to participate in the Contract Work; and

iv. Show which aspects of the Contract Work each person shown on the organization chart will be responsible for performing and the approximate percentage of their time devoted to the project.

C. Qualifications and Experience:

i. General Proposer Requirements

1. Proposer must have at least one office located in the Southern Service Area.

2. Knowledge and experience in all aspects of the application of CEQA and

NEPA, including the development of high quality, legally defensible environmental documents in the Southern Service Area.

3. Knowledge and experience in natural resource regulation and project permitting.

4. Knowledge and experience in all subject areas that a CEQA Lead or

Responsible Agency must consider and evaluate, including all resource areas under the Environmental Checklist Form (Cal. Code Regs., tit. 14, §15000 et seq., Appendix G) with a strong emphasis on biological resources. Ability to provide staff who can address all areas of expertise mentioned in Sample

Agreement: Exhibit A, Section 6 (A)(4).

5. Knowledge and experience with natural resource statutes and regulations as listed in Sample Agreement: Exhibit A, Section 6 (A)(5).

6. Knowledge and experience with natural resource assessments and studies including but not limited to those listed in Sample Agreement: Exhibit A, Section 6 (A)(6).

7. Knowledge and experience with compliance monitoring, including pre-construction, construction, and post construction monitoring, and ensuring compliance with mitigation monitoring and reporting programs.

8. Knowledge and experience in the preparation of, and compliance with, administrative documents related to contract consulting including, but not limited to, Work Authorizations, project budgets, initial budget assessments, and invoices.

9. Knowledge and experience with permitting and environmental review of operation and maintenance (O&M) projects.

10. Knowledge and experience with permitting and environmental review of renewable energy projects in particular, with solar photovoltaic and wind energy.

11. Proposer must have legal expert(s) available who has specialized knowledge and experience with CEQA.

ii. Proposer's Principal Requirements

1. Minimum of ten (10) years of experience overseeing Project Managers and other professional environmental staff.

2. Possess a bachelor’s degree (equivalent or higher) from an accredited institution in a discipline such as Environmental Science, Environmental

Studies, Biology, Ecology, Watershed Management, Environmental

Management, or Environmental Engineering.

3. Minimum of five (5) years of experience in a role equivalent to that of Project

Manager.

4. Experience with tasks identified in Sample Agreement Exhibit A Section

6(D)(1):

a. Overseeing administration of contracts agreements

b. Review of CEQA documents

c. Management of multi-disciplined teams

d. Successful defensible record of CEQA environmental review documents subject to litigation

e. Leading large and complex CEQA and NEPA environmental review document development

f. Conflict resolution

g. Minimum of five (5) years of Project Manager experience

iii. Proposer’s Project Manager Requirements

1. Minimum of five (5) years of project management experience leading and overseeing CEQA environmental review document development.

2. Possess a bachelor’s degree (equivalent or higher) from an accredited institution in a discipline such as Environmental Science, Environmental

Studies, Biology, Ecology, Watershed Management, Environmental

Management, or Environmental Engineering.

3. Experience with tasks identified in Sample Agreement Exhibit A Section

6(D)(2):

a. Mitigation monitoring and reporting programs

b. Compliance monitoring

c. Initial studies

d. Projects resulting in environmental impact reports

e. Projects resulting in mitigated negative declarations

f. Projects resulting in negative declarations

g. NEPA/CEQA joint documents

h. CEQA functional equivalent documents under Certified Regulatory

Program

i. Subsequent and supplemental documents

j. Addendums to CEQA environmental review documents

k. All parts of a project requiring CEQA analysis including, but not limited to technical analysis, permit acquisition, scoping, and project planning

l. Maintaining complicated projects on schedule

m. Maintaining projects within budget

n. Renewable energy projects

o. Utility projects

p. CDFW entitlements such as Lake and Streambed Alteration

Agreements and CESA Incidental Take Permits

q. Land Management Plans

iv. Proposer’s Senior Biologist Requirements

1. Education and work experience as follows:

a. A bachelor’s degree in biological sciences or closely related field and a minimum of five (5) years of professional consulting experience in biological sciences and related resource regulation and management.

OR:

b. A master’s degree in biological sciences or closely related field, and a minimum of three (3) years of professional consulting experience in biological sciences and related resource regulation and management.

OR:

c. A doctorate in biological sciences or closely related field, and a minimum of two (2) years of professional consulting experience in biological sciences and related resource regulation and management.

2. Knowledge and experience with the characteristics, habitats lifecycle needs, ecosystems, and behaviors of species in the Southern Service Area, including but not limited to the State Wildlife Action Plan’s1, Desert Province2, and Central Valley and Sierra Nevada Province3, and the habitats of the

Mojave Desert, San Joaquin Valley, Sierra Nevada foothills, Sierra Nevada

Mountain range, Tehachapi Mountains, San Joaquin Hydrologic Unit, Tulare-

Buena Vista Lakes Hydrologic Units.

3. Experience with tasks identified in Sample Agreement Exhibit A, Section 6

(D)(3)(d):

a. Performing work in evaluating the impact of construction projects or maintenance activities that present potential or actual adverse effects on fish, wildlife, or plant resources and their habitats.

b. Supervising biological staff conducting fish, wildlife, and plant surveys and other technical reports.

c. CEQA compliance, including the development and authorship of environmental review documents and related materials.

d. State, federal, and local requirements related to project permitting, such as CESA, Federal Endangered Species Act, etc.

v. Desired Qualification

1. The Proposer has prior experience working with State and Federal resource agencies who serve as CEQA Lead or responsible agency.

vi. References Complete Proposer References (Attachment 9). Include the name, phone number, and email address of one representative from three (3) separate previous customers. The prospective firm should alert the references that they will be contacted by CDFW and that the reference check discussion will take approximately 60 minutes. The prospective firm may wish to provide the reference questions in Section 3.5 to the representatives ahead of time. CDFW will make two attempts to reach identified representative during normal business hours at the phone number and/or email address provided. Failure from each reference to respond to CDFW within 72 hours will result in a reduction of three

(3) points per reference (maximum total reduction of nine (9) points).

D. Similar Work

Consistent with the SOQ Selection Criteria identified in Section 3.5, provide a written description of the previous projects performed by the firm and the project manager. The written summary should include enough information to determine the individual and firms’ level of involvement for the purpose of meeting the SOQ Selection Criteria. The description of projects must include the name of the client or the person/entity for which the project was done and contact information for that client.

E. Rate Schedule:

In a separate sealed envelope (or separate PDF attachment for SOQ’s submitted by email) marked with the prospective firm’s name, RFQ number and the words “RATE

1 https://wildlife.ca.gov/SWAP/Final 2 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109214&inline 3 https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109211&inline https://wildlife.ca.gov/SWAP/Final https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109214&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109211&inline

SCHEDULE”, provide a Schedule of Rates for the principal personnel from your company who will be working on the Contract Work. Include in the schedule the cost for all support staff. If subcontractors are being used, the schedule must include the hourly rates for all subcontractor personnel.

i. Hourly rates must include all administrative overhead costs, including supervision, clerical, building rent, utilities, telephone (including cell phones), incidental costs, and profit, in accordance with Sample Agreement: Exhibit B.

ii. All costs for scheduled travel expenses including transportation (mileage), meals, lodging and incidental costs associated with the Contract Work must not exceed the CalHR approved subsistence allowances in place at the time the contract is awarded. See Sample Agreement: Exhibit I.

iii. If a cost-of-living adjustment is expected during the term of the contract, identify the rate and the justification.

F. Terms and Conditions

As provided in the Sample Agreement (linked on the Std. 213) the proposing firm must comply with all stated terms, conditions, and contract requirements. CDFW will reject, as non-responsive, all SOQs proposing alternate or modified terms and conditions.

G. Required Attachments

Proposers must complete and provide all documents listed in Section 5: Required Attachments.

3.2 Key Action Dates

Event Date Time (PT)

RFQ posted to California State Contract Registrar 03-20-2024 1:00 PM

Deadline for RFQ Questions 04-03-2024 4:00 PM

Final Date for SOQ Submission 04-19-2024 5:00 PM

Phase I, Phase II (Parts I and II), and Phase III Anticipated Completion Date

05-03-2024

Video Interviews 05-06-2024 05-07-2024

Anticipated Issuance of Notice of Intent to Award 05-10-2024

Conclusion of Negotiation Period 05-24-2024

3.3 Costs of Developing the SOQ

Costs incurred for developing the SOQ and in anticipation of award of the contract are entirely the responsibility of the firm and must not be charged to CDFW and/or the State of California. All submittals, after the submission deadline become the property of CDFW upon receipt and will not be returned to the firm.

3.4 Evaluation and Selection Process

3.4.1 All SOQs received will be evaluated to determine the extent to which they comply with the

RFQ requirements.

3.4.2 A material and/or immaterial deviation may cause an SOQ to be rejected. If an SOQ fails to meet a material requirement of this RFQ, the SOQ will be rejected. A deviation is material to the extent that a response is not in substantial accord with the requirements of this RFQ.

3.4.3 The SOQ must ‘pass’ all Pass/Fail criteria below to proceed to the next stage of evaluation.

If any Administrative Evaluation or SOQ Evaluation Criteria – Pass Fail 'fails' in one or more categories, the SOQ will be deemed nonresponsive and will not move on to the next phase.

3.4.4 During the evaluation process, CDFW may require the proposing firm to answer questions about their SOQ. Failure to demonstrate that the claims made in the SOQ are factual and accurate may be cause for deeming an SOQ non-responsive.

3.4.5 In addition to the references required as part of the SOQ, at any time, CDFW may contact previous clients listed in the SOQ to verify the experience and performance of the prospective firm, its key personnel, and its subcontractors.

3.4.6 Once the SOQs have been received, CDFW will review the packages and rate SOQs based on the Selection Criteria below. This rating will be done by a selection committee. The top three rated firms meeting all the Pass/Fail selection criteria (Phase 1: Administrative Evaluation and Phase II (Part 1): SOQ Screening Criteria) and achieving a minimum score of 70 points (Phase II (Part 2): SOQ Evaluation Criteria) will be determined to be qualified to continue in the selection process. Selection criteria will include the qualifications of SOQ identified subcontractors. The references of the top three firms will be contacted and those references’ responses will be scored based on the Selection Criteria below (Phase III:

Reference Check Questions Evaluation). Only firms whose Reference Check Question Evaluation received a total score of 10 points or above will be considered for further evaluation. The two top-rated firms will be contacted by CDFW to schedule a video interview.

3.4.7 By submitting an SOQ for this RFQ, the Proposing Firm and its key subcontractors acknowledge that the project team must provide the services required and has no objection to the Sample Agreement.

3.4.8 CDFW will video interview the two top-rated firms, as ranked by their Reference Check

Question Evaluation Total Score. Proposing Firms selected for video interviews will be notified by email and must be available for video interviews between 05-06-2024 and 05-07-2024, at an agreed upon time. Interview questions will be provided during this scheduling process. The third ranked firm will also be notified and will be advised that they may be contacted if neither of the two top-rated firms are selected, or CDFW is unable to negotiate a fair and reasonable contract with one of the two top rated firm(s). If CDFW is unable to negotiate a fair and reasonable price with the top three ranked firms, CDFW may cancel this RFQ.

3.4.9 The video interview may be conducted by the CDFW Contract Manager and selection committee (either the same or different from above) based on set criteria. This committee will determine if the interviewed firm(s) will be selected based on those set criteria.

3.4.10 The video interview may include a short introduction (no more than 10 minutes) by the

Prospective Firm, responses to questions asked by the selection committee, and concluding remarks by the Prospective Firm (no more than 5 minutes). Questions asked in this interview are confidential until the contract has been awarded.

3.4.11 CDFW reserves the right to modify or update the Sample Agreement in the interest of

CDFW, in whole or in part, at any time up to the negotiation of the agreement with the selected firm.

3.4.12 The number one (1) ranked (selected) firm will be notified in writing and will be provided written instructions for negotiations.

3.4.13 CDFW will attempt to negotiate the contract at a fair and reasonable price with the most qualified firm. The Rate Schedule submitted as part of the SOQ which has remained sealed up until this point, will be opened and reviewed to determine that the prices are fair and reasonable. The rates in the Rate Schedule are not necessarily what CDFW will be prepared to pay in the Contract. The costs may be negotiated for a price less than that specified in the Rate Schedule submitted by the prospective firm. CDFW will enter into negotiations with the selected firm within fourteen (14) days for the services needed per

PCC 6106.

3.4.14 If CDFW is unable to negotiate a Contract at a fair and reasonable price with the most qualified firm, CDFW will attempt to negotiate a Contract with the next most qualified firm in order of the ranking of the firms.

3.4.15 Once CDFW successfully negotiates a Contract based on the evaluation and selection process above, the successful firm will be required to execute a Standard Agreement, Form Std. 213, which includes the terms and conditions for the Contract Work, consistent with this RFQ. These documents are attached to this RFQ as the Sample Agreement. The selected firm must provide all required documents (e.g., proof of insurance) and execute all forms associated with the Contract within 10 business days of having received the forms from

CDFW.

3.4.16 Work on the Contract must start no more than five (5) days after all approvals have been obtained and the Contract is fully executed. Should the Contractor fail to commence work at the agreed upon time, CDFW, upon five (5) days written notice to the Contractor, reserves the right to terminate the Contract. In addition, the Contractor may be liable to the State for the difference between the price negotiated with CDFW and the actual cost of performing work by another Contractor.

3.4.17 Any contract to be awarded as a result of this RFQ will be awarded without discrimination based on race, color, religion, sex, or national origin. The firm selected must comply with all applicable laws, rules, and regulations.

3.4.18 Title 14, California Code of Regulations section 789 governs the selection process.

3.5 SOQ Selection Criteria

3.5.1 Phase I: Administrative Evaluation

This selection criteria includes verification of a complete SOQ. The Administrative Evaluation is scored by the RFQ Contract Analyst as a pass or fail according to the criteria indicated below. All items listed must be completed and provided in this phase to be considered responsive and continue to the next phase of evaluation by the selection panel.

Administrative Criteria Pass or Fail

1. Required Attachment Checklist Pass / Fail

2. Proposal/Proposer Certification Sheet (signed) Pass / Fail

3. Payee Data Record (STD 204/205) (signed) Pass / Fail

4. Darfur Contracting Act Certification Pass / Fail

5. Bidder Declaration Form (GSPD-05-105) & DVBE Declarations

(DGS-PD-843)

Pass / Fail

6. Commercially Useful Function (CUF) Certification Pass / Fail

7. Contractor Certification Clause (CCC 04/2017) Pass / Fail

8. California Public Contract Code Section 10162 Pass / Fail

9. Proposer References Pass / Fail

10. California Civil Rights Law Attachment Pass / Fail

11. Iran Contracting Act Pass / Fail

12. Copy of CA Business License or articles of incorporation Pass / Fail

13. Proposer is Registered with the Secretary of State Pass / Fail

14. Statement of Qualifications (as outlined in section 3.1) Pass / Fail

15. Rate Schedule (In a separate sealed envelope or PDF) Pass / Fail

16. RFQ Compliance Matrix (completed) Pass / Fail

Overall Pass / Fail

3.5.2 Phase II (Part 1): SOQ Screening Criteria

RFQ submittals will initially be screened using the ten (10) SOQ Screening Criteria questions based on a pass/fail score as evaluated by the selection panel. Only submittals that pass all criteria will move on to the second part of Phase II: SOQ Evaluation Criteria.

SOQ Screening Criteria – Pass Fail Pass/Fail

1. Does the Proposer have at least one office located in the

Southern Service Area?

Comments:

2. Does the Proposer have a legal expert(s) available who has specialized knowledge and experience with CEQA?

3. Does the Proposer have demonstrated experience preparing

CEQA documents within the Southern Service Area?

4. Does the Proposer have demonstrated experience with the permitting and environmental review of renewable energy projects?

5. Does the Proposer have demonstrated experience with the permitting and environmental review of operation and maintenance (O&M) projects?

6. Does the Proposer’s Principal have a minimum of ten (10) years of experience overseeing Project Managers and other professional staff?

SOQ Screening Criteria – Pass Fail Pass/Fail

7. Does the Proposer’s Principal possess a bachelor’s degree

(equivalent or higher) from an accredited institution in a discipline such as Environmental Science, Environmental

Studies, Biology, Ecology, Watershed Management, Environmental Management, or Environmental Engineering?

8. Does the Proposer’s Project Manager(s) have a minimum of five

(5) years of project management experience leading and overseeing CEQA environmental review document development?

9. Does the Proposer’s Project Manager(s) possess a bachelor’s degree (equivalent or higher) from an accredited institution in a discipline such as Environmental Science, Environmental

Studies, Biology, Ecology, Watershed Management, Environmental Management, or Environmental Engineering?

10. Does the Senior Biologist(s) meet the education requirements?

• A bachelor’s degree in biological sciences or closely related field and a minimum of five (5) years of professional consulting experience in biological sciences and related resource regulation and management. OR:

• A master’s degree in biological sciences or closely related field, and a minimum of three (3) years of professional consulting experience in biological sciences and related resource regulation and management. OR:

• A doctorate in biological sciences or closely related field, and a minimum of two (2) years of professional consulting experience in biological sciences and related resource regulation and management.

Overall SOQ Screening Status Pass/Fail

3.5.3 Phase II (Part 2): SOQ Evaluation Criteria

The RFQ submittals that pass all the SOQ Screening Criteria will be evaluated and scored according to the evaluation criteria identified below. SOQs will receive scores from 0 to 10 in each of the subcategories below. SOQs that include evidence of experience working with State or Federal resources agencies, as referenced in Section 3.1.3 (C)(v) above, will be awarded five (5) additional points.

0-1 Point: Criterion being scored is completely missing or cannot be reasonably addressed using the submitted information.

2-3 Points: Criterion being scored is only partially addressed, and more flaws or defects exist than content addressing criterion. Content addressing criterion lacks writing proficiency, is completely unreasonable, and lacks professional judgement.

Criterion is addressed in such a limited way that it results in a complete lack of confidence in the proposal.

4-6 Points: Criterion being scored is mostly addressed, but omissions, flaws, or defects exist that limit evaluation of the criterion. Content addressing criterion are not well-written, not reasonable, and do not demonstrate professional judgement.

Evaluation of content addressing criterion results in a low degree of confidence in the proposal.

7-8 Points: Criterion being scored is addressed. Any flaws or defects are minimal and acceptable. Content addressing criterion are passably written, passably reasonable, and demonstrate passable professional judgement.

Evaluation of content addressing criterion results in an acceptable degree of confidence in the proposal.

9-10 Points: Criterion being scored is fully addressed. Content(s) addressing criterion are very well-written, reasonable, and demonstrate best professional judgement. Content exceeds in providing a superior experience, a creative approach, or an exceptional solution. Evaluation of content addressing criterion results in the highest confidence in the proposal.

Only the three highest-scoring submittals that score seventy (70) points or higher will receive further evaluation.

SOQ Evaluation Criteria - Points Score/Value

1. The SOQ provides high-quality writing examples from prior CEQA documents including, but not limited to, technical analysis, permit acquisition, scoping, and project planning.

Up to 10 points

Comments:

2. The SOQ demonstrates experience conducting public meetings, including collecting and responding to oral and written comments.

Up to 10 points

3. The SOQ work products demonstrate knowledge and experience in developing environmental studies and CEQA documents for renewable energy projects.

Up to 10 points

Comments:

4. The SOQ work products demonstrate knowledge and experience in developing environmental studies and CEQA documents for operation and maintenance projects.

Up to 10 points

Comments:

5. The SOQ demonstrates knowledge and experience working with the California Endangered Species Act, Federal Endangered

Species Act, Lake and Streambed Alteration Program, Fish and

Game Code, Land Management Plans, conservation and mitigation banking, Sections 401 and 404 of the Clean Water Act, California

Desert Native Plants Act, Porter- Cologne Water Quality Control

Act, county grading permit and erosion control requirements, and requirements of regulation changes (such as hunting and fishing regulations adopted by the Fish and Game Commission).

Up to 10 points

Comments:

6. The SOQ demonstrates experience with compliance monitoring, including pre-construction, construction, and post construction monitoring, and ensuring compliance with mitigation monitoring and reporting programs.

Up to 10 points

7. The SOQ demonstrates extensive knowledge and experience in conducting biological studies, protocol assessments of special status species, and habitat evaluation for species in the Southern

Service Area.

Up to 10 points

Comments:

8. The SOQ Exhibits knowledge and experience in all subject areas that a CEQA Lead or Responsible Agency must consider and evaluate, including all resource areas under the Environmental

Checklist Form (Cal. Code Regs., tit. 14, §15000 et seq., Appendix

G).

Up to 10 points

Comments:

9. The SOQ demonstrates Senior Biologist(s’) experience with the characteristics, habitats, lifecycle needs, ecosystems, and behaviors of species in the Southern Service Area, including but not limited to the State Wildlife Action Plan’s, Desert Province, and

Central Valley and Sierra Nevada Province, and the habitats of the

Mojave and Sonoran Deserts, San Joaquin Valley, Sierra Nevada foothills, Sierra Nevada Mountain range, Tehachapi Mountains, San

Joaquin Hydrologic Unit, Tulare-Buena Vista Lakes Hydrologic

Units, and any other habitat found within the Service Area.

Up to 10 points

Comments:

10. The SOQ is high quality. Up to 10 points https://wildlife.ca.gov/SWAP/Final https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109214&inline https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109211&inline

Desired Qualification: Does the SOQ include evidence of prior experience with at least one State and/or Federal resource agency (Yes/No)?

5 points

SOQ Evaluation Criteria Final Score:

3.5.4 Phase III: Reference Check Questions Evaluation

References from the three highest-scoring submittals that scored seventy (70) points or higher on Phase II (Part 2): SOQ Evaluation Criteria will be contacted and asked the questions listed below.

CDFW staff will evaluate the entire reference check on a scoring system utilizing Good/Fair/Poor, as represented numerically below. This score will be entered on the Reference Check Questions Evaluation.