Petroleum Master Agreement-Request for Proposals (RFP) KATA 2026000038.pdf

Petroleum Master Agreement-Request for Proposals (RFP) KATA 2026000038

Responses Due: (Thursday, March 16, 2026 at

11:59pm, local time) via Bidnet https://www.bidnetdirect.com/colorado/coloradodepartmentoflaboremployment

I. Introduction

This Request for Proposals (RFP) is used for the State of Colorado (State) by and through the Department of Labor and Employment (CDLE), Procurement and Contract

Services Unit (PCS) for the benefit of Oil and Public Safety (OPS) as well as any other

CDLE Divisions or State Departments for which a need may be discovered.

The Procurement and Contract Services Unit is posting this RFP on the Colorado

Colorado Vendor Self-Service (VSS) and Bidnet Direct (Bidnet) in order that

Respondents who have an interest may submit a proposal in accordance with the terms of this solicitation.

Procurement in Colorado is decentralized, which means that most State agencies are delegated to conduct their own solicitations. For additional procurement information go to Doing Business with the State of Colorado.

Though not a requirement, Respondents are encouraged to become a member of VSS and Bidnet Direct prior to the submission deadline. Solicitations for most Colorado

State Agencies (Agencies), including CDLE, are posted on VSS. The VSS Help Desk is available Monday through Friday, 8:00 a.m. to 5:00 p.m., local time, phone, 303-866-6464 or email, VSSHelp@state.co.us.

Solicitation details posted on VSS by Agencies for goods, services, and construction are public and do not require registration to view. Should a company opt to register with VSS, it may elect to receive automatic notification in categories of interest.

Additionally, there is no cost to register on VSS. However, per Procurement Rule

24-102-202.5-04, Respondents need not be registered with VSS in order to be deemed responsive to this RFP.

In an effort to expand the potential pool of Respondents to this RFP thus providing the best value for the State, PCS also utilizes additional methods of advertisement. As such, PCS may make this RFP available to companies outside of the VSS platform. PCS is also posting this RFP on Bidnet at the link available on the cover page. Respondents do not need to register on Bidnet or pay funds to access the solicitation. In the event documents are too large to upload to VSS, a note on the posting will be made and those documents will be available on Bidnet. Should Respondent wish to obtain the documents via email, requests should be made as outlined herein.

Respondents are expected to familiarize themselves with the proposed project’s details. Any person, firm, entity, joint venture, or corporation desiring to submit a proposal should examine this RFP and shall judge for themselves all the circumstances and conditions affecting their proposal. Failure on the part of any Respondent to make such thorough examination or to investigate thoroughly the conditions of the proposal will not be grounds for a declaration the successful proposer did not understand the RFP. Should a Respondent find a discrepancy or omission in this RFP, or should a Respondent be in doubt as to the meaning of any provision of this RFP, the

KATA 2026000038

https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4 https://prd.co.cgiadvantage.com/PRDVSS1X1/Advantage4 http://bidnetdirect.com https://osc.colorado.gov/spco/accesscolorado

Respondent should promptly notify PCS, and any necessary clarifications or addenda will be provided in writing. CDLE will not be responsible for any oral instructions or interpretations given by or to anyone.

This RFP encompasses the following attachments:

● Attachment A - Signature Page

● Attachment B - Statement of Work & Proposal Technical Requirements

● Attachment C - Cost Proposal Requirements

● Attachment D - Sample Contract

● Attachment E - Contract Certification Form

● Attachment F - Work Outside Colorado and the United States

● Attachment G - Conflict of Interest Disclosure

● Attachment H - Confidentiality Requests

● Attachment I - M/WBE Self Certification Form

● Attachment J - Vendor Accessibility Guidelines and Checklist

● Attachment K - Proposal Checklist

II. Project Synopsis

The Division of Oil and Public Safety (OPS) is seeking proposals from qualified

Respondents to perform services addressing leaking underground petroleum storage tanks (LUST). The Division expects to award up to eight (8) contracts. The awarded contract shall be for a period of five (5) years.

III. RFP Process

A. RFP Modifications

CDLE reserves the right to terminate, suspend, modify the selection process, reject any or all submittals, modify the terms and conditions of this selection process, and/or waive any informalities, irregularities, or omissions in any submittals, as the

State’s best interests may appear.

B.Tentative Schedule of Events

This schedule contains tentative dates for this procurement and may be subject to change. OPS reserves the right to conduct oral presentations and/or site visits and/or interviews and/or demonstrations should the need arise.

(02/02/2026) RFP Published at Colorado VSS and Bidnet

(02/13/2026, 1:00 pm) Pre-Proposal Meeting on Virtual Google Meet

(02/23/2026, 3:00 pm) Question and Answer Period Deadline

(02/25/2026, 5:00 pm) Answers to questions at Colorado VSS and Bidnet

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https://codpa-vss.cloud.cgifederal.com/webapp/PRDVSS2X1/AltSelfService https://www.bidnetdirect.com/colorado/coloradodepartmentoflaboremployment https://codpa-vss.cloud.cgifederal.com/webapp/PRDVSS2X1/AltSelfService

(03/16/2026, 11:59 pm) RFP Submission Deadline via Bidnet

(Month of April 2026) Oral Presentation/Site Visits, etc. if applicable

(Month of May 2026) Notice of Intent to Award/Non-Award Bidnet/VSS

(Month of June 2026) Contract Signing via DocuSign

(5 Years) Contract Period

C.Question and Answer Period

This RFP provides Respondents with sufficient information to enable the preparation of a proposal sufficient to be submitted for consideration to satisfy the project goals listed herein. However, Respondents are encouraged to ask questions and request clarification of any part of this document. Failure to clarify information does not constitute justification for an RFP protest if the Respondent knew or should have known of the confusion prior to the end of the question and answer period. It will be presumed Respondent, before submitting a proposal, closely reviewed the RFP, all exhibits and attachments, any modifications and/or addendums, and other items relevant to the RFP.

During the question and answer period, Respondents may email PCS with any questions and/or requests for clarification concerning this RFP. The question and answer period begins on the date of this RFP’s publication and ends on the question and answer period deadline, as listed in the tentative schedule above. No inquiries will be accepted after the date and time indicated as the question and answer period deadline. Email timestamps will be used to determine timeliness.

Email all inquiries to: Naomi St John at Naomi.stjohn@state.co.us. In the subject line, use this RFP’s number. The RFP number can be found on the cover page.

Answers to Respondents’ questions are scheduled to be published as a modification to the RFP on VSS and Bidnet on the date listed in the tentative schedule above.

No other interactions in regard to this RFP shall occur with OPS, CDLE, Agencies, and/or State employees, agents, and/or assignees. Failure to abide by this rule may result in disqualification from the RFP process and complete rejection of any submitted proposals.

D. Pre-Proposal Conference

Respondents are encouraged to attend a pre-proposal conference which shall take place on Friday, February 13, 2026, 1:00pm, local time.

Please submit accessibility requests at least three days prior to the meeting.

Respondent(s) may join via Google Meet at this link:

KATA 2026000038

mailto:Naomi.stjohn@state.co.us

Pre-proposal Mtg RFP KATA 2026000038

Friday, February 13 · 1:00 – 2:00pm

Time zone: America/Denver

Google Meet joining info

Video call link: https://meet.google.com/hoa-ktze-ihj

Or dial: (US) +1 512-956-8132 PIN: 511 059 768#

More phone numbers: https://tel.meet/hoa-ktze-ihj?pin=9397496592547

The pre-proposal conference is not mandatory; however, Respondents will be responsible for all information provided at the meeting. The pre-proposal conference will be an opportunity for Respondents to ask questions to clarify services requested in this RFP and receive immediate answers from CDLE subject-matter experts.

Questions and answers provided at the pre-proposal conference will not be made available afterward. The conference is projected to last 1 (one) hour. Any substantial clarifications resulting from the conference shall be posted on VSS within two (2) business days of the meeting (not including State holidays such as February

16).

E.Oral Presentations, Site Visits, Demonstrations, and Interviews

Respondents may be asked to prepare an oral presentation or to make their facilities available for a site visit by the evaluation committee. Respondents may also be asked to provide a demo of their proposed solution or interview in front of the evaluation committee. Such events will be at the Respondent’s expense. The dates for these potential events are listed in the tentative schedule herein. Evaluation Committee members have the right to modify a Respondent’s proposal evaluation based on clarifications provided at the relevant event.

F.Addendum or Supplement to Request for

Proposal

In the event it becomes necessary to revise any part of this RFP, an addendum and/or modification will be published on VSS and Bidnet. It is incumbent upon Respondents to carefully and regularly monitor VSS and/or Bidnet for any such postings.

G. Process for Responding

Proposals must be received on or before the date and time indicated in the tentative schedule listed herein. Proposals should be formatted and submitted as described herein. Late proposals may not be accepted. It is the responsibility of the

Respondent to ensure the proposal is received by PCS on or before the proposal submission date and time. Proposal responses determined to be at a variance with any requirement as stated herein may not be accepted.

H. Bidnet Instructions

In the spirit of continuous improvement and cost management, CDLE has joined the

Rocky Mountain E-Purchasing System. The Rocky Mountain E-Purchasing System

(BidNet®) is an online notification system that is being utilized by multiple governmental entities. Participating entities post their bids, quotes, proposals, addendums, and awards on this one centralized system. Review bids or register today by visiting the link below:

Vendor registration is free; however, vendors may elect to receive automatic email notification of all open solicitations matching their vendor profile for an annual fee. If a vendor does not select the upgrade option, it is the responsibility of the vendor to monitor the website regularly in order to be aware of business opportunities and review changes or addendums to bids, quotes, and proposals. Vendors who upgrade to receive email notifications will receive opportunities matching their business goods/services provided automatically.

For help registering or questions about the Rocky Mountain E-Purchasing System, please contact IPT by BidNet at 800.835.4603 to speak with the Vendor Support Team.

The link for this solicitation and the location to upload proposals is found here:

I.Format of Submission

Proposals should be submitted in:

● Text-searchable PDF format.

● Font - Trebuchet MS, no smaller than 12 point, black text on a white background

● left justify the document

● Do not use all capital letters unless it is for an acronym

● omit graphics or photos unless requested

● omit underlined text unless it is for an email or URL link

● Each individual component of the proposal tabbed in the PDF table of contents.

● Due to the potential size-limitations of email attachments, proposals should be broken down into its individual required and as applicable documents with each item standing alone as a different PDF.

KATA 2026000038

● A complete list of required and as applicable documents may be found in the

Attachment K. Any page limitations on each required or as applicable document may be found there.

J.Proposal Contents

Proposals should consist of the items contained in the Proposal Checklist found on the last page of this RFP. Naming conventions for the PDF tabs and/or individual PDF documents should be as follows:

Respondent Company name_Document Title_RFP number_attachment name

K.No Multiple Proposal Responses

Respondents may submit only one (1) proposal in response to this RFP. In addition, Respondents should propose a solution that addresses all components in this RFP.

Incomplete or additional submissions may be rejected.

L.Valid Proposal Period

All aspects of a submitted proposal to this RFP, including pricing, will be firm for a period of no less than three hundred sixty-five (365) calendar days after the RFP submission deadline. Estimated proposal prices are not acceptable.

M. Modification or Withdrawal of Proposals

Respondents may modify or withdraw a submitted proposal at any time prior to the

RFP submission deadline. To do so, Respondents should email PCS at the address found herein with the intent to modify or withdraw the submission and the RFP number found on the cover page clearly stated in the email subject line.

N. Confidential/Proprietary Information

Any proposed restrictions on the use or inspection of material contained within a proposal response must be clearly stated in the proposal response. Respondents may request PCS consider confidential or proprietary information through the following steps:

Step 1. The Respondent, with its proposal, shall submit written requests for confidentiality. The Respondent must provide a justification and state specifically what elements of the proposal are to be considered confidential/proprietary. A sample form may be found in the Attachments.

Step 2. Confidential/proprietary information must be readily identified, marked, and listed on the request form.

Step 3. The Purchasing Director will make a written determination as to the apparent validity of any written request for confidentiality. Neither a proposal in its entirety, nor proposal price information will be considered confidential and proprietary. Any information that will be included in a resulting contract cannot be considered confidential.

Step 4. In the event PCS does not concur with the Respondent’s request for confidentiality, the written determination will be sent to the Respondent. Ref. Section

24-72-201 et. seq., C.R.S., as amended, Public (open) Records.

Step 5. If the Respondent does not agree with the Purchasing Director’s determination and the parties cannot come to an agreement, the Respondent may a) resubmit the proposal without the confidential information included, b) withdraw the proposal, or

c) file a protest. See the protest section herein for more information regarding protest rights.

O. Acceptance of RFP Terms

A proposal submitted in response to this RFP will constitute a binding offer.

Acknowledgment of this condition shall be indicated by the autographic signature of the Respondent or an officer of the Respondent legally authorized to execute contractual obligations. A submission in response to this RFP acknowledges acceptance by the Respondent of all terms and conditions, including compensation, as set forth herein. A Respondent should clearly and thoroughly identify any variation between its proposal and the RFP requirements. Failure to do so shall be deemed a waiver of any rights to subsequently modify the terms of performance, except as outlined or specified in the RFP. A completed Contract Certification form, found in the Attachments, must be submitted with the RFP response.

The contents of the proposal response, including persons specified to implement the project, of the successful Respondent will become contractual obligations. Failure of the successful Respondent to accept these obligations in a contract, purchase order, or similar authorized commitment document may result in cancellation of the award.

P.Rejection of Proposals

PCS reserves the right to 1) to reject any or all proposals; 2) to waive informalities and minor irregularities in proposals received as determined by PCS; and 3) to accept any portion of a proposal or all items in a proposal if deemed in the best interest of

CDLE. Failure of a Respondent to provide any information requested in this RFP and in the manner or format required in this solicitation may result in disqualification of the proposal.

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https://law.justia.com/codes/colorado/2022/title-24/article-72/part-2/section-24-72-201/ https://law.justia.com/codes/colorado/2022/title-24/article-72/part-2/section-24-72-201/

Q. Proposal Pricing

All Proposals shall follow the OPS Reasonable Cost Guidelines (RCGs), and OPS may or may not adjust those rates during the Contract time period. All items listed in the

RCGs are available on the OPS website:

https://ops.colorado.gov/Petroleum/Fund/HelpfulResources

R.Proposal Evaluation

OPS will conduct a comprehensive, fair and impartial evaluation of the submissions received in response to this RFP. The objective of the evaluation is to determine the proposal that most effectively meets OPS’ goals and requirements as stated in this

RFP. The contract(s) for this project will be awarded to the Respondent(s) whose proposal(s) will be most advantageous to CDLE and the State as a whole.

An Evaluation Committee will be established to judge the merit of proposals received in response to this RFP. The award decision is a business judgment reflecting an integrated assessment of the relative merits of the proposals using the factors set forth below in no particular order:

● Technical, Committee will evaluate based on an example of a Conceptual Site

Model (CSM), Characterization Narrative, and a Corrective Action Plan (CAP).

● Price, Affirmation of RCGs

● Qualifications, Committee will evaluate based on resumes of key personnel

Once the Evaluation Committee has narrowed their decision based on the initial submissions, they may request clarifications and/or updates during oral presentations, site visits, interviews, demonstrations, and/or BAFOs. The Respondent(s) with the proposal(s) that scored the highest will be selected for recommendation of award.

The selected Respondent(s) will receive a “Notice of Intent to Make an Award.”

A brief overview of the evaluation process follows:

● Review of all proposals received for compliance with the requirements of this

RFP.

● Review of all confidentiality requests and written determinations.

● Preliminary evaluations of all proposals.

● Requests for clarification, if necessary.

● Oral presentations, demonstrations, interviews, and/or site visits, if applicable.

● Final evaluations.

● Recommendation for award.

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https://ops.colorado.gov/Petroleum/Fund/HelpfulResources

S.Selection of Proposal Notice

Upon review and approval of the Evaluation Committee’s recommendation for award, PCS will issue a “Notice of Intent to Make an Award” on VSS.

T.Award of Contract

Following a “Notice of Intent to Make an Award,” a commitment document must be finalized by all parties concerned by the date specified in the Notice. In the event the parties are unable to enter into a commitment document, PCS may elect to cancel the "Notice of Intent to Make an Award" letter and award the Respondent(s) whose proposal(s) scored the next highest.

U. Protested Solicitations and Awards

An aggrieved party in connection with this solicitation may file a written protest in accordance with C.R.S. 24-109-102 within ten (10) business days of when the aggrieved party knows or should have known of the facts giving rise to the grievance.

Written protests shall be emailed to: reneerita.kennedy@state.co.us.

IV. Information and Requirements

A. External Communications, Outreach, and Logos

External communications and outreach pertaining to this RFP or award are not permitted without prior written approval from CDLE’s Government Policy and Public

Relations Office. External communications and outreach include, but are not limited to, news releases, advertising and marketing materials.

Use of CDLE or project logos are not permitted without prior written approval from

CDLE’s Government Policy and Public Relations Office.

B. Incurring Costs

The State is not liable for any cost incurred by Respondents prior to issuance of a legally executed contract, purchase order, or other authorized commitment document. No property interest, of any nature, shall occur until a contract is awarded and executed.

mailto:reneerita.kennedy@state.co.us

C. Taxes

State, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the

Internal Revenue Code (Registration No. 84-7301123K) and from all state and local government use taxes (C.R.S. 39-26-704). The Colorado State and Local Sales Tax

Exemption Number is 98-01159-000. Respondent is hereby notified that materials are purchased in certain political subdivisions (for example in the City of Denver) the

Respondent may be required to pay sales tax even though the ultimate product or service is provided to the State. This sales tax will not be reimbursed by the State.

D. Prime Contractor

CDLE will consider the selected Respondent(s) to be the sole point of contact with regard to contractual matters including the performance of services and the payment of any and all charges. Subcontractor specifics must be disclosed at time of proposal response.

E. Parent Company/Vendor Identification

If a Respondent is owned or controlled by a parent company, the name, main office address and parent company's tax identification number should be provided in the proposal. The tax identification number provided must be that of the Respondent submitting a proposal to the RFP. The Respondent must be a legal entity with the legal right to contract. All applicable W-9s must be provided with the RFP proposals.

F.Past Performance

Past Performance Each Respondent’s past performance shall be reviewed as part of the

State’s overall evaluation. This evaluation will take into account past performance information submitted as a part of Respondent’s proposal, including but not limited to, information regarding predecessor companies, key personnel who have relevant experience, and subcontractors performing major or critical aspects of the service(s), if such information is relevant. Respondents without a record of relevant past performance or for whom information on past performance is not available will receive a neutral past performance rating.

G. Reciprocal Preference

Per Colorado Revised Statutes, Section 24-103-906, a resident Respondent may be allowed a preference against a non-resident Respondent equal to the preference given or required by the state in which the non-resident Respondent is a resident.

H. Doing Business in Colorado

In order to do business in Colorado, the Colorado Secretary of State requires entities to register in accordance with C.R.S. 7-71-101, and obtain and maintain a rating of

“good standing” status throughout the term of an awarded contract.

http://www.sos.state.co.us/pubs/business/businessHome.html. Respondents must register before contract execution, but do not need to register before submitting a proposal

I.Contract Performance Outside the United

States or Colorado

In part, Colorado Revised Statute 24-102-206 states: (1) Prior to contracting or as a requirement for the solicitation of any contract from the state for services, as appropriate, any prospective vendor should disclose in a statement of work where services will be performed under the contract, including any subcontracts, and whether any services under the contract or any subcontracts are anticipated to be performed outside the United States or the state. If the prospective vendor anticipates services under the contract or any subcontracts will be performed outside the United States or the state, the vendor should provide in its statement of work a provision setting forth why it is necessary or advantageous to go outside the United

States or the state to perform the contract or any subcontracts. In lieu of providing this required information in a detailed statement-of-work, offerors may utilize the form included in the Attachments. At the conclusion of Vendor’s performance, Vendor will be required to submit actual figures detailing the extent to which services, including those of subcontractors, were performed outside the United States or the state.

J.Conflict of Interest

Respondents are required to include in their proposal a section regarding Conflicts of

Interest. Respondents shall state whether there currently are, or potentially could be, organizational or other conflicts-of-interest regarding this solicitation, their proposal, their staff or their proposed subcontractors, any related business with the State, or with CDLE employees. The conflict of interest form may be found in Attachment G.

PCS reserves the right to make a non-responsive determination on a Respondent’s proposal or cancel the award if there is a conflict, a perceived conflict, or if a conflict or appearance is disclosed from any other source.

http://www.sos.state.co.us/pubs/business/businessHome.html https://law.justia.com/codes/colorado/2022/title-24/article-102/part-2/section-24-102-206/

During the term of the contract, the selected Respondent will not enter into any third party relationship that creates a conflict of interest or creates the appearance of a conflict of interest.

K. Security Clearance Background Checks on

Employees and Subcontractors

1. Criminal Background Checks (private entities)

The successful Respondent should ensure all employees and subcontractor’s employees have passed comprehensive criminal background checks prior to performing work under this contract. In the State’s sole discretion, the State may require certain employee(s) to submit to a State criminal background check, at the

State’s cost. The Successful Respondent shall immediately remove from this project any employees or subcontractors that do not meet the minimum standards of a criminal background check, whether conducted by the employer or the State. All information collected by the State regarding the successful Respondents employee(s) shall be deemed confidential.

2. Criminal Background Checks (governmental entities)

Successful Respondent shall ensure all employees and subcontractor’s employees have passed comprehensive criminal background checks prior to performing work under this contract.

K. Security Policy

If applicable, the successful Respondent must adhere to the State of Colorado

Governor’s Office of Information Technology (OIT) Security policies located at:

http://www.oit.state.co.us/ois/policies.

L. RFP Response Material Ownership

CDLE has the right to retain the original proposal response and other proposal response materials for its files. As such, CDLE may retain or dispose of all copies as is lawfully deemed appropriate. Proposal response materials may be reviewed by any person after the "Notice of Intent to Award" has been posted on VSS, subject to the terms of Section 24-72-201 et seq., C.R.S., as amended, Public (Open) Records.

CDLE has the right to use any or all information/material presented in reply to the

RFP, subject to limitations outlined in the paragraph, Confidential/Proprietary

Information herein. Respondent expressly agrees CDLE may use the materials for all lawful State purposes, including the right to reproduce and distribute copies of the material submitted for purposes of evaluation, and as part of the resulting contract, KATA 2026000038 http://www.oit.state.co.us/ois/policies and to make the information available to the public in accordance with the provisions of the Public Records Act.

M. Certification of Independent Price

Determination

Except as otherwise disclosed with particularity, through its submission of a proposal, the Respondent certifies the prices and other terms in the offer have been arrived at independently without any consultation, communication, agreement with, or knowledge of the contents of the offer by any other competing Respondent. For purposes of this paragraph, "consultation, communication, agreement with, or knowledge" does not include knowledge of prices or terms gained through availability of established price lists or catalogs made available to the public by the competing

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

N. Ownership of Contract Products/Services

Upon the established RFP close date, submissions become the property of the State.

All products and/or services produced in response to the contract resulting from this

RFP will be the sole property of the State, unless otherwise noted in the RFP or contract. The contents of the successful Respondent’s proposal will become contractual obligations.

O. Standard Contract

The successful Respondent is required to enter into a formal commitment document with CDLE. Any commitment document resulting from this RFP will incorporate standard State contract terms, including Special Provisions or Purchase Order Terms &

Conditions, if applicable. These terms are included in the Sample Agreement included in the Attachments. Respondents must clearly identify any exceptions to the terms and conditions described in this RFP and provide justification and alternative language on Attachment form as part of the proposal response. Respondents are strongly encouraged to seek advice from legal counsel regarding such contractual exceptions. Respondents should not assume any term or condition in this RFP is negotiable. In the event the parties are unable to negotiate terms that are fully satisfactory to CDLE within a reasonable period of time, at CDLE’s sole discretion, CDLE may elect to enter into negotiations with another vendor within the competitive range. If a “Notice of Intent to Make an Award” has been issued and the parties are unable to enter into a contract that is fully satisfactory to CDLE within a reasonable period of time, at CDLE’s sole discretion, CDLE may elect to cancel the “Notice of

Intent to Make an Award” and commence contract negotiations with another vendor within the competitive range. All negotiated contracts are subject to required State approvals.

P. Insurance

Awarded Respondent should agree to CDLE’s Insurance Requirements found in the

Sample Agreement included in the Attachments and provide a copy of a valid insurance certificate prior to commencement of any work or services.

Q. Non-Discrimination

Respondents shall comply with all applicable federal, state, local laws, ordinances, executive orders, and regulations that prohibit discrimination on the basis of race, color, national origin, religion, and sex, including but not limited to: Title VI of the

Civil Rights Act of 1964, as amended (P.L. 88-352), 42 U.S.C. § 2000d et seq., and Title

VII of the Civil Rights Act of 1964, as amended. Unless required by federal law or regulation, employers may not automatically bar applicants or employees with an arrest or conviction record from employment.

R. Section 508 Compliance

If applicable, all electronic and information technology deliverables under this solicitation shall comply with Section 508 of the Rehabilitation Act of 1973 (29 U.S.C.

794 (d); 36 CFR Part 1194) and the Access Board Standards. Section 508 requires that accessibility for people with disabilities is incorporated into all electronic and information technology developed, procured and maintained under the resulting solicitation award.

The solution shall also conform to the most current version of the Web Content

Accessibility Guidelines (WCAG). Ability to conform to these standards will be verified through a demonstration by the vendor. The vendor shall provide a policy, commitment, or mission statement regarding electronic accessibility.

● State of Colorado Accessibility Statement

● C.R.S. 24-85-104, Article 85. "Information Technology Access for Individuals

Who are Blind or Visually Impaired", (PDF)

● TS-OEA-001: Technology Accessibility for Persons with Disabilities, (PDF)

● TS-OEA-002: Technology Accessibility for Web Content and Applications, (PDF)

● WCAG 2.1 Standards, W3C

● Section 508 of the U.S. Rehabilitation Act of 1973, section508.gov https://www.justice.gov/crt/fcs/TitleVI#:~:text=Title%20VI%2C%2042%20U.S.C.,activities%20receiving%20federal%20financial%20assistance.

https://www.regulations.gov/accessibility https://www.access-board.gov/ada/ https://www.w3.org/TR/WCAG21/ https://www.w3.org/TR/WCAG21/ https://oit.stg.colorado.gov/standards-policies-guides/guide-to-accessible-web-services/state-of-colorado-accessibility https://leg.colorado.gov/sites/default/files/images/olls/2000a_sl_315.pdf https://leg.colorado.gov/sites/default/files/images/olls/2000a_sl_315.pdf https://drive.google.com/open?id=0B_ZUv6gW8QZMenFUNlgxQ3dRZ28 https://drive.google.com/file/d/1GTMGpJspCagbaVyw0OmMBgl35JgRYw1P/view?usp=sharing https://www.w3.org/TR/WCAG21/ https://www.section508.gov/manage/laws-and-policies

S.Minority and Women-Owned Business and

Small Business Enterprises

CDLE is dedicated to creating, operating, and maintaining a procurement and contracting system that provides all Colorado individuals and businesses, including minority and/or women-owned enterprises (M/WBE) and small business enterprises, with an equal and fair opportunity to compete for CDLE business. Respondents should take all necessary affirmative steps, as required by 45 CFR 93.36(3), Colorado

Executive Orders, and Procurement Rules, to ensure small, minority, and women business enterprises are utilized, when feasible, as sources of supplies, equipment, construction, and services purchased under awarded contract.

In an effort to track levels of participation by women or minorities doing business with the State of Colorado, a Minority and Women-Owned Business Self Certification should be submitted with final proposals to this RFP. The Certification may be found in the Attachment I.

T. Service Disabled Veteran Owned Small

Business

Colorado Revised Statutes, Section 24-103-905 allows for a preference to

Service-Disabled Veteran Owned Small Businesses (SDVOSB). To qualify for this preference, a SDVOSB should submit documentation of SDVOSB certification issued through the U.S. Department of Veterans Affairs with their offer. Any SDVOSB certification submitted shall be verified by CDLE.

V. Attachment A, Signature Page

This form must accompany all quotations. A person legally authorized to bind the company must sign, electronic signatures are permitted.

RFP Title:

RFP Number:

Parent Company* Tax ID Number (FEIN):

Parent Company DUNS Number:

Parent Company Legal Name (per W-9):

Parent Company DBA, if applicable:

ParentCompany Address:

Contact Name:

Contact Phone:

Contact Fax:

Contact Email:

Should this RFP be modified, Respondent shall indicate review of all modifications as published on VSS.

Our Company acknowledges receipt of the Petroleum Master Agreement KATA

2026000038) Modification Numbers (List all applicable numbers):

Signature of legally authorized representative ________________________________

Printed Name __________________________________________________________

Title _____________________________________________ Date ________________

*Parent Company - A vendor, owned or controlled by a parent company must provide the name, main office address, and tax identification number of that company on a copy of this form. The tax identification number provided must be that of the vendor’s parent company who will be legally responsible for performing services under any commitment document resulting from this DQ.

This form must accompany all Proposals. A person legally authorized to bind the company must sign.

ATTACHMENT A

VI. Attachment B, Statement of Work (SOW) &

Proposal’s Technical Requirements

Company Name:

I. Introduction

The Division of Oil and Public Safety (OPS) is a division within the Colorado

Department of Labor and Employment (CDLE). OPS is responsible for identifying, assessing, remediating, and monitoring releases from underground petroleum storage tanks statewide, and providing information to the US Environmental Protection

Agency regarding storage tanks in Colorado. CDLE has previously contracted for these services and refers to the execution of these tasks as the LUST Trust/State Lead

Program (Program).

This Program is a result of statutory requirements and commitments made to the

Environmental Protection Agency (EPA) by the Petroleum Program within OPS. The

Program is intended to provide a full range of assessment activities to determine either the source or the extent of contamination, to perform corrective actions for the remediation of soils and waters, and to respond to emergencies related to releases from regulated petroleum storage tanks. These activities are funded by the

EPA Federal LUST Trust Fund, the Petroleum Storage Tank Reimbursement Fund and other federal funding.

The site locations to be assessed and remediated will be located in Colorado, but the exact numbers and locations are not known at this time. Site activities may not be limited to specific properties and may cover an extensive area and include multiple potentially responsible or impacted parties.

Contractors must be capable of and willing to perform all activities required in this

Request for Proposal (RFP).

Contractors shall perform all activities in accordance with the latest OPS regulations and guidance, incorporating the Risk Based Corrective Action (RBCA) process.

Contractors shall submit reports in the approved OPS formats unless otherwise instructed. Contractors’ costs shall not exceed the dollar amounts published in the latest Colorado Petroleum Storage Tank Fund Reasonable Cost Guidelines. The OPS

Regulations (7 C.C.R. 1101-14), Division of Oil and Public Safety Petroleum Storage

Tank Owner/Operator Guidance Document, additional OPS guidance documents, and the Colorado Petroleum Storage Tank Fund Reasonable Cost Guidelines are located at the following OPS website: http://www.colorado.gov\cdle\ops.

ATTACHMENT B

II. Definitions

CAP - Corrective Action Plan

Contractor - As used in the RFP, the term “Contractor” means the responding or proposing entity of the RFP and may also be referred to as vendor or offeror, and includes any contractor’s employees and subcontractors. In the Model IT Contract, the term “Contractor” refers to the awarded vendor that will be performing the work.

Days - Unless otherwise noted, all days are calendar days

Desired - An action that is at the Contractor’s discretion but has an element of preference included

EFS - Economic Feasibility Summary

PREQ- - Payment Request (also known as an Electronic Reimbursement Application)

LUST - Leaking Underground Storage Tanks

May - An action that is at the Contractor’s discretion (permissive)

Must - Same as shall (mandatory performance item)

OPS - Division of Oil and Public Safety of the Colorado Department of Labor and

Employment

POE - Point of Exposure

PID - Photo Ionization Detector

Proprietary Information - Proprietary Information shall mean information relating to a party’s research, development, trade secrets, business affairs, internal operations and management procedures and those of its customers, clients, or affiliates, but does not include information lawfully obtained from third parties, that is in the public domain, or that is developed independently.

CO-REP - Colorado Recognized Environmental Professional

Shall - A mandatory performance requirement (command/directive), compulsory obligation

Should - An action that is at the Contractor’s discretion (non-mandatory performance item), but which is strongly desired

Subcontractor - Subcontractor means a contractor who performs a portion of a contract for a “prime contractor.” The subcontractor has a contractual relationship with the prime contractor, not the State.

Will - Same as shall (mandatory performance item)

III. Technical Requirements

The technical requirements include a full range of assessment activities to determine either the source or the extent of contamination, to perform corrective actions for the remediation of all impacted media and to respond to emergencies related to releases from regulated petroleum storage tanks.

All work activities are subject to the approval and concurrence of OPS. OPS shall have ultimate authority over decisions regarding any site assessment, remediation and emergency response work. All subcontracted work shall be the responsibility of the awarded offeror(s).

A. Site Characterization

The purpose of the site characterization is to define the extent of contamination in all media for Chemicals of Concern (COC) at sites which qualify for State lead investigations. The range of assessment actions may include:

1. Conduct a site visit; interview the property owner to obtain historical information about the site; identify potential locations to conduct subsurface investigation and note any obstacles; identify if there are any other potential sources of contamination in the area; determine from which properties access may need to be requested and collect contact information.

2. Research regional geologic and hydrogeologic information, to get a preliminary idea of depth to groundwater, regional groundwater flow direction, and lithology. Site specific depth to groundwater, groundwater flow direction, and lithology will be determined during the subsurface investigation.

3. Conduct historical record searches, such as aerial photographs, OPS records, and county assessor’s records to determine property ownership information, utility records, and any other pertinent documents.

4. Conduct a subsurface investigation to determine the source and extent of contamination in all media. This will include the advancement of soil borings, and installation of groundwater and soil vapor monitoring points, using direct push technology or drilling technologies and/or high-resolution site characterization methods for the collection of soil, water, soil vapor, or indoor air samples for laboratory analysis. Conduct hydrogeologic testing such as slug testing and/or Light None-Aqueous Phase Liquid (LNAPL) transmissivity testing per OPS guidance documents.

5. Identify and evaluate all exposure pathways and evaluate actual and potential Points of Exposure (POEs).

6. Obtain and provide detailed registered well information and note evidence of potential unregistered water supply wells within one half mile of the assigned location from the Colorado Division of Water Resources

(DWR)/State Engineer's Office, to identify potential receptors.

7. Calculate the site-specific target levels (SSTLs) (cleanup goals) for the site.

8. Prepare and submit a Site Characterization Report (SCR) for the site in the OPS approved format.

B. Corrective Action Plan

The purpose of a corrective action plan (CAP) is to identify the most economical and technologically feasible remedial approach and, once approved, implement the remedial approach. All CAPs should be designed to achieve a Tier I, or Tier II no further action (NFA), or until maximum extent practicable (MEP) along with Tier III and Tier IV NFA criteria has been met. The range of corrective actions will likely vary widely and may include:

1. Design and select the most technically efficient and economically feasible remedial technology to address identified contaminant concerns utilizing SMART objectives per OPS guidance. Pilot testing may be required as part of the selection process.

2. Prepare and submit a work plan similar but not limited to the Corrective

Action Plan (CAP) format and with associated economic feasibility study

(EFS) in OPS approved formats.

3. Implementation of the approved CAP may include a treatment train or combined remedy consideration utilizing multiple technologies

(operation and maintenance of remediation system, excavation, chemical injections, or monitored natural attenuation (MNA)) to effectively treat areas of concern. Offeror(s) shall conduct monitoring and submit monitoring and system performance reports as requested by the OPS site manager.

4. Following decommissioning of the remediation system and abandonment of monitoring wells, the offeror shall restore surface cover of the site to its pre-remediation condition or as agreed upon by OPS.

5. OPS expects the contractor(s) to consider green and sustainable practices to minimize energy expended as well as to reduce, reuse and recycle equipment, material and waste throughout the project.

C. Emergency Response/ Initial Abatement

The purpose of conducting emergency response or initial abatement activities is to protect human health and prevent further migration of contaminants into the environment. Offeror(s) must be able to respond with the appropriate equipment to anywhere in the State within twelve hours’ notice by OPS and for offeror(s) located along the Front Range corridor, within four hours to the Front Range corridor. For this

RFP, the Front Range corridor is defined as being within twenty miles of Interstate 25 from Fort Collins to Pueblo. This response may require the offeror(s) to provide several personnel and may be for extended periods of time. This emergency response and initial abatement may include, but not necessarily be limited to the following activities:

1. Free product/LNAPL (light non-aqueous phase liquid) recovery and disposal.

2. Contain and mitigate contamination impact to waters of the State.

3. Sampling of soils and/or groundwater.

4. Air monitoring and/or mitigation of vapors within buildings.

5. Assisting local fire authorities.

6. Preventing the further release of petroleum products.

IV. Reporting Requirements

Awarded Offeror(s) shall compile and electronically submit the field data and preliminary tables, figures and other pertinent information for emergency response and assessment activities upon request by OPS. Any comments made by OPS after reviewing the information submitted must be addressed prior to the submittal of the final report.

Awarded Offeror(s) shall use the OPS standardized report formats for Site

Characterization Report (SCR), Corrective Action Plan (CAP), Monitoring and

Remediation Report (MRR), No Further Action Request (NFAR) report, Surface Release

Characterization Report, and Site Decommissioning Report located on the OPS website.

A. Site Characterization Report (SCR)

If the activities are performed to characterize the source and the extent of contamination, the offeror will submit one electronic copy to the OPS File Transfer

Protocol (FTP) Site (or other OPS designated online storage provider) in the standardized OPS Combined Report format(s) to OPS within the agreed upon due date.

B. Corrective Action Plan (CAP)

The CAP report shall include a detailed technical analysis of the remedial approach with the costs itemized in the associated economic feasibility summary (EFS) form.

Once OPS and the offeror concur on the remedial method, the offeror shall submit one electronic copy to the project manager and one electronic copy to the CDLE OPS

State Contractor email address at cdle_ops_statecontractor@state.co.us in the standardized CAP format to OPS within two weeks of its request unless there is another agreed upon timeframe or four weeks prior to the current Work Plan end date.

C. Monitoring and Remediation Report (MRR)

MRRs shall present the conceptual site model (CSM), summarize the corrective actions performed, comprehensive monitoring results, include current figures and other information per OPS guidance and the combined report instructions. The MRR should also include a thorough data analysis and recommendations for moving the release event towards a No Further Action Status.

D. Emergency Response / Initial Abatement Report

In the event that emergency response activities are warranted, Offeror shall submit one electronic copy of the report to the OPS FTP site (or other as requested), which includes a description of all emergency response and initial abatement activities conducted. There is no standardized format for this report, but as with all OPS reports, the combined report format should be utilized as the template of the report submitted, and should include a narrative, tables, figures, and any other documentation where applicable.

V. Offeror(s) Responsibility

The awarded offeror(s) shall be responsible for any and/or all of the following as applicable for any services performed under this RFP and awarded contracts.

ATTACHMENT B

https://ops.colorado.gov/Petroleum/Remediation/ReportFormats

A. Methodology

Offeror shall perform all activities, including but not limited to groundwater and soil sampling procedures, borehole drilling, monitoring well installation, and vapor sampling in accordance with the latest industry standards and OPS regulations and guidance. The offeror shall utilize OPS certified laboratories for environmental samples. The laboratory methods, and equipment shall quantify petroleum contaminants below the risk based screening levels (RBSLs) in groundwater, soil, and soil vapor.

B. Investigation of Utilities

The offeror shall perform an investigation of public and private utilities and other subsurface structures that are on or near each site. This investigation shall include a field reconnaissance near the site, a records search of public utility records, and the field “clearing” of utilities and/ or utility corridors and other subsurface structures or equipment. OPS shall not assume any responsibility or liability for damages or loss of service as a result of any investigation performed by the offeror under this contract, and the offeror solely assumes all responsibility and liability. The offeror, at the outset and during the course of the investigation, shall evaluate the extent to which utility corridors may affect contaminant migration and boring or well placement.

Offeror shall evaluate the following utilities, as applicable:

● Telephone

● Sewer/drainage

● Water lines

●…